Many people who have been assigned a second disability group do not lose their ability to work. A group is necessary to determine a person’s level of independence when performing certain actions and what loads are acceptable for him. Small disability pensions do not allow one to fully satisfy a person’s needs, so people with second group disabilities are thinking about finding a job. However, not all of them know whether disability group 2 is working or not. Let's consider this question that worries many in more detail.

Can a person with group 2 disability work?

The second group is assigned to a citizen if he has a serious congenital or acquired disease, existing congenital pathologies or injuries received. They cause disruption of one or more body functions.

People with the second group of disabilities, according to the Labor Code of the Russian Federation, can carry out labor activities. Only the first group is non-working, since the persons to whom it is assigned completely lose their ability to work.

Today, the state has formed a list of special provisions designed to assist persons with disabilities in adapting to society, as well as giving them opportunities to assert their own rights. The most important part of this set of measures is the presence in its composition of a job search program suitable for people with 2 gr. disability.

Can a person with a disability work?

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Yes, if the work does not harm health 92%, 67 votes

No, those around you will not feel comfortable 8%, 6 votes

07.12.2018

The labor activity of disabled people and its nuances are regulated by the Labor Code of the Russian Federation, which reflects all the conditions recommended for the work of persons of this category.

Employment of disabled people of group 2: legislative framework

In the Russian Federation, the labor of citizens with the second group is regulated by state level, because without government support it is not easy for a disabled person to get a job.

Regulatory framework for employment of this category of citizens in 2019 are:

1. The Constitution of the Russian Federation, which states that every citizen of Russia has the right to work, regardless of his state of health and age.
2. The list of recommended working conditions for persons with disabilities, which must be observed in all enterprises of the Russian Federation, is prescribed in Federal Law No. 181-FZ.
3. The Labor Code of the Russian Federation reflects all the rights and benefits that are provided to people with disabilities when applying for a job and during labor relations.

For all Russian enterprises the state provides for mandatory quotas for the employment of people with disabilities:

• If the company has more than 100 employees, the quota ranges from 2 to 4% of the total number of employees.
• When a company has up to 35 employees, the quota for persons with disabilities does not exceed 3%.

Some Russian regions have their own laws that clarify federal standards.

When registering a disabled person for work in accordance with the Labor Code of the Russian Federation, normal conditions: the package of documents requested by the employer is similar to that required from ordinary Russian citizens.

Attention! A disabled citizen is not required to present a disability certificate to the employer. If the employee does not provide it during employment, then the enterprise is relieved of responsibility for violating the standards for organizing the labor process.

If the employee presents a certificate, then all benefits and working conditions for persons with disabilities are reflected in the employment agreement.

What documents are needed when employing a disabled person of group 2?

When hiring an employee for a regular or specialized enterprise with 2 gr. disability, he must present the following list of documents to the personnel service:

• Passport of a citizen of the Russian Federation or other document for personal identification;
• Compulsory medical insurance policy;
• SNILS;
• Work record book, if the employee was previously employed elsewhere;
• A certificate from the military commissariat at the place of registration, if the employee is liable for military service or is expected to be drafted into the armed forces.
• Certificate of criminal record or absence, if applicable a necessary condition for the position held.
• Certificate of secondary education, diploma of completion of a vocational or higher educational institution, other documents confirming the level of education.

Sometimes, given the specifics labor activity, according to the Labor Code of the Russian Federation, other federal laws, decrees of the Government of the Russian Federation and decrees of the President of the Russian Federation, when hiring an employee, an enterprise may request additional documents from him.

Documents to confirm disability when applying for a job

Information about the employee’s existing second group must be documented. The enterprise can learn from the following documents that there are contraindications and recommendations for organizing an employee’s workspace:

• ITU conclusion that the citizen has been assigned group 2 and the corresponding degree of disability;
• An individual rehabilitation program containing recommendations on the working conditions necessary for a given person.

But when applying for a job, a disabled person has the right not to present these certificates to the employer, since they are not on the list of mandatory documentation for employment approved by the Labor Code of the Russian Federation. Therefore, the employee must decide personally whether to present certificates of disability or not. An exception is cases when the employer may require a health certificate from the applicant for those specialties where good health- This is one of the mandatory points for employment.

Can a citizen with group 2 work?

Any person with 2 gr. disability, has a legal right to work, with the exception of actions prohibited for medical reasons. To do this, the enterprise must create favorable working conditions for him in accordance with the Labor Code of the Russian Federation. A citizen with a Group 2 disability can work only if it does not cause harm to his health. If the rehabilitation program does not indicate contraindications, then the management of the enterprise cannot but accept the disabled person into its staff.

Work restrictions

When a citizen is diagnosed with disability, he is given a certificate that serves as confirmation of it, and a personal rehabilitation card. It contains all the information about necessary for a disabled person therapeutic measures, including sanatorium treatment. The degree of limitation to work and the conditions recommended for the work of an employee with disabilities must be indicated separately.

Attention! It is worth noting that there is no approved list of contraindications. For each specific person, a list is formed depending on the disease he has and his state of health.

Degrees of disability

In addition to establishing a citizen 2 gr. disability, he is also assigned a degree of disability. There are three in total:

• For a person with the first degree of limitation, there are almost no contraindications when choosing a specialty, if it is not associated with dangerous, difficult and harmful working conditions.
• An employee with a second degree must be provided with specially organized workplace or provide him provided by law working conditions. The schedule and nature of activities also have restrictions.
• The most serious degree of disability is the third. It is prescribed only to those who have completely lost the ability to work due to health reasons. The management of the enterprise does not have the right to hire a disabled person with a third degree of disability, despite his desire.

It happens that a certificate of disability in the line about the degree of limitation contains a note that the citizen does not have it. Such a record means that a person has almost no restrictions on his ability to work. However, he must still be provided with special working conditions that correspond to his personal rehabilitation card. In this case, a disabled person can also enjoy all the benefits prescribed by the legislation of the Russian Federation.

How can a disabled person of the second group work?

Russian legislation does not provide for restrictive measures when employing citizens with 2 degrees. disability. But employers prefer not to hire them as employees of their companies. However, a person assigned to the 2nd group can get a job in one of the following directions.

To specialized organizations

In most regions of Russia there are structures involved in employing citizens with disabilities. But almost always this work is poorly paid, and the number of vacancies is limited. Therefore, not many disabled people have the desire to get a job in such enterprises.

To ordinary organizations

The legislation of the Russian Federation provides quotas for vacancies for people with disabilities. They can work directly in production (conveyor operators, order pickers, etc.) and as office employees. But there are unscrupulous employers who, instead of creating working conditions for these citizens, prefer to pay fines.

Remote employment

This is the most popular option for people with the second group of disabilities, because you can work without leaving your own apartment. An employee can set his or her own work schedule. This is beneficial for the employer, since there is no need to create special working conditions for disabled people.

Most often, people with disabilities work in the field of journalism, creating computer programs, writing texts to fill websites on the Internet, etc.

Attention! The only but significant drawback of such work is that there is no official employment. This means that such activities are not taken into account in the length of service.

What does disability group 2 give to a working person?

For working citizens with the second group of disabilities in 2019, funds are allocated from the budget to implement the benefits they are entitled to. These include:

• Possibility of free travel on all types of public transport (if necessary, a disabled person can get to medical institution and back). A disabled person is provided with 30 free trips per month, and if he did not manage to use them during the specified period, they are transferred to the next month;
• Free Receipt necessary medicines;
• Providing vouchers for treatment in sanatoriums.

Disabled people of group 2 are given a discount on payment for housing and communal services in the form of either a certain amount or a percentage of the established tariff.

Benefits for a working disabled person

The state provides benefits to officially employed disabled people of the second group:

• For these citizens, a probationary period is not applied during employment;
• Establishment of a shortened 35-hour working week;
• Overtime and night shifts are prohibited;
• Paid 30-day vacation once a year;
• Additional 60-day leave without pay once a year;
• If an employee for medical reasons is transferred at the same enterprise to a position with a lower salary or tariff rate, then for one month from the date of transfer he retains the average earnings at his previous place of work;
• Working disabled people of 2 groups in addition to the standard tax deduction for children a personal deduction of 500 rubles is provided;
• When staffing is reduced, they have employment benefits;
• Early termination of employment is possible for employees due to medical reasons.

In addition, the fund social protection persons with disabilities transfers material subsidies to the organization's account. This opportunity is provided only when hiring an employee in the direction of the employment center.

Summary

To answer the question whether the second group of disability is working or non-working, you need to know what degree of disability is assigned to the disabled person. The management of the enterprise must take into account the health status of the employee and provide him with all working conditions and privileges provided for by the law of the Russian Federation.

New disability law: changes and latest news in 2018-2019

On April 9, 2018, the government approved new list Disability diseases for which disability can be established:

• Indefinitely,
• Until the child reaches 18 years of age,
• In absentia.

The changes also affected the possibility of making changes to individual program rehabilitation or habilitation of a disabled person without revising the disability group or the period for which it is established.

The main changes occurred in the expansion of the list of diseases: for the first time, all chromosomal abnormalities were included, including Down syndrome, schizophrenia, liver cirrhosis, blindness, deafness, childhood cerebral paralysis. There are a total of 58 diseases on the list.

Thus, the possibility of determining the period for establishing disability at the discretion of the ITU specialist will be excluded. WITH full list modified diseases can be found in government decree No. 339 dated March 29, 2018.

Classification of disability group by disease

Disabled person is a person whose basic body functions are impaired. It can be pathological changes or chronic illnesses that led to some deviations.

Disability- this is a persistent violation of the functionality of the body, which entails a limitation of a person’s functional life.

List of diseases that cause disability:

• Defeats internal organs(endocrine, circulatory system).
• Neuropsychiatric diseases (disorders of consciousness, memory, intelligence).
• Problems with hearing, vision and other senses.
• Language and speech disorders(muteness, speech problems).
• Musculoskeletal disorders.
• Anatomical defects.

A citizen is recognized as disabled after passing a special examination. The condition of his body is being assessed by a medical and social expert commission ( MSEC), which establishes his social, everyday, educational, professional and labor status. The procedure is carried out in absentia, in a hospital or at home.

During the examination, the commission must tell the citizen the rules for determining disability, as well as provide the necessary explanations if questions arise.

To obtain a disability, it is necessary to obtain a majority of the votes of the specialists conducting the examination. If necessary, assigned additional examination, which allows you to determine how much limited human activity.

A decision is made based on all information received. If a person refuses to undergo additional examination, then the available information is taken into account.

Group 1 disability has term two years, 2 and 3 groups – one year. is installed for one or two years, and up to the age of 18.

Re-examination is being carried out no earlier than 2 months before the previously established period of disability expires. This procedure is assigned at the request of the citizen himself or the organization that provides him with medical care.

List of diseases for assigning 1st disability group

Citizens who have general disorders of the body's functioning with deviations from normal indicators over 90%. These are people who cannot cope without outside help. It does not matter how these disorders were obtained - due to pathology, injury or the development of a disease.

Deviations in disability group 1

• Vegetative state due to stroke, dysfunction nervous system.
• Amputation of both upper or lower limbs.
• Blindness.
• Deafness.
• Paralysis.
• Malignant neoplasms with metastases.
• Chronic respiratory diseases, of cardio-vascular system, causing problems with blood circulation.
• Lesions of the nervous system leading to irreversible impairment of vision, speech, and motor systems.
• Mental disorders (mental retardation, dementia as a result of epilepsy).

To get group 1, one violation from the norm according to any of the criteria is enough (inability to learn, control one’s actions).

List of diseases for assignment of disability group 2

Group 2 is characterized by deviations at 70-80% of normal. At the same time, the person retains the ability to perform the simplest actions (partially using special means or with the help of strangers). This includes hearing-impaired citizens who use various devices, and people who are able to move with assistive devices.

Disabled people of this group can work, despite their existing physical and mental disorders. Some types of work are available to them under special conditions.

Disability group 2 is established for the following diseases:

• Complete or partial deafness.
• Oncological diseases accompanied by radiation or chemical therapy.
• Liver damage with no improvement after treatment.
• Joint endoprosthetics.
• Pulmonary failure in chronic stage(lack of one lung).
• Lack of one lower limb and dysfunction of the other limb.
• Blindness (ptosis in both eyes).
• Paralysis of one limb.
• Transplantation of internal organs.
• Serious defects of the skull.
• Mental disorders that last more than 10 years.

List of diseases for assigning disability group 3

It is often difficult to distinguish from healthy people by external signs. If you have a disability in this category, you always have the opportunity to work. The dysfunction indicators here should be 40-60%.

Group 3 disabled people are able to move independently, although it takes them quite a lot of time. This applies to other criteria as well. It is assumed that a person is able to navigate only in familiar surroundings.

What diseases belong to group 3 disability:

• The initial stage of cancerous tumors.
• The ability to see with only one eye (blindness or absence of the other eye).
• Permanent ptosis of one eye even after undergoing treatment procedures.
• Bilateral deafness.
• Defects of the jaw due to the inability to chew.
• Facial defects that cannot be corrected surgically.
• Defects of the skull bones.
• Paralysis of the hand, as well as one of the limbs, which limits movement activity and causes muscle wasting.
• The presence of a foreign object in the brain area (after injury). If a foreign body is introduced during treatment, then such cases are not considered by the commission. In this case, disability is assigned when diagnosing mental disorders.
• Installation foreign body to the heart area (pacemaker, artificial valve). Exceptions are the use of foreign objects during treatment.
• Amputation of the hand, one or more fingers.
• Having only one kidney or lung.

Obtaining permanent disability

Indefinite disability is granted to the following groups of persons:

• Disabled people of the first two groups, subject to the same degree of disability or negative changes for 15 years.
• Disabled men from 60 years old.
• Disabled women from 50 years old.
• Disabled people of the first two groups, participants of the Second World War. This includes veterans who fought while disabled.
• Persons who became disabled during military service.

List of diseases of disability groups on an indefinite basis:

• Cancers with metastases.
• Complete deafness or blindness if treatment is ineffective.
• Various limb defects (absence of the shoulder joint).
• Diseases of the nervous system, accompanied by serious impairment of vision and the musculoskeletal system.
• Disorders of the heart and blood vessels (if accompanied by increased blood pressure and complications of other body functions).

On April 9, 2018, the government expanded the list of diseases for which permanent disability is granted. All chromosomal abnormalities are included, including Down syndrome, liver cirrhosis, blindness, deafness, and cerebral palsy are included.

Simplification of the procedure for obtaining disability in 2019

The new RF PP No. 607 dated May 16, 2019 introduces changes to the medical examination procedure for assigning disability. Now it will be easier to get a group. The text of the resolution establishes the following adjustments:

• The referral to the ITU is transmitted to the bureau electronically without the participation of the disabled person.
• Citizens will be able to apply for copies of decisions and acts medical and social examination with the help of State Services.
• On the portal you can appeal the ITU decision by submitting an application in electronic format.

Conclusion

To obtain disability, a conclusion from specialists from the relevant authorities is required. In case of disability, certain benefits are provided and pension payments are assigned. This status is established according to one or more groups:

• Musculoskeletal disorders.
• Serious problems with respiratory system and digestion.
• Disorders of blood circulation, blood vessels and heart function.
• Dysfunction of sensory organs.
• Physical defects.
• Mental disorders.

This article is useful reading not only for disabled people, but also for healthy people. Few people think about the fact that anyone can potentially become disabled. Circumstances may arise such that just a few minutes ago healthy man became a person with disabilities in just a few minutes. Therefore, it is useful to know about the rights and responsibilities of people with disabilities according to the current Russian legislation and by-laws, especially in relation to middle group this class of persons.

Ability to work with the described disability

Is disability group 2 working or not? This question begins to worry a person immediately after receiving this group as a result of the decision of the medical commission. Assignment of disability is carried out medical organization, to which it is attached individual. Different countries treat people with disabilities differently. In this article, we will try to understand who can be recognized as disabled in group 2, how you can live with this, and whether it is possible to continue working after receiving such a group. Based on the analysis of regulatory information, we can say that if the chosen specialty does not cause harm to health and does not contradict medical prescriptions, then it is a working one.

What is meant by the described disability group?

This group can be provided to an individual if he has relevant diseases, regardless of whether they are congenital or acquired, if there are developmental pathologies from birth or injuries received, as a result of which a persistent disorder of one or more body functions occurs. Is disability group 2 working in Russia? This group, like any other, according to Order of the Ministry of Labor of the Russian Federation dated December 17, 2015 No. 1024n, is not limited in ability to work. The latter is determined by the degree of disability. There are three degrees of disability, while the inability to perform even basic work activity is included in the 3rd degree of ability to work. Therefore, to the question “Is disability group 2 working or non-working?” we can answer that with 1 and 2 degrees of disability, this group is working. This group can be given to an individual in the following cases:

• the person has difficulty moving, perhaps with outside help;
• this person requires assistance in using public transport;
• the same assistance is necessary for correct orientation in time and space;
• there are difficulties with remembering, reproducing, processing information;
• limited contact with other persons.

The main diseases as a result of which an individual can be recognized as a disabled person of group 2: mental, ophthalmological, speech, tactile, pulmonological, phlebological, gastroenterological, neurological, urological, cardiological, endocrinological, and various kinds physical deformities.

Thus, when answering the question of whether group 2 disability is working or not, one must proceed from how damaged the health of the individual is, whether he can perform all or part of the required functions independently or with someone else’s help.

Employment of people with disabilities, as a rule, is carried out in specialized homes, for example, for the deaf and mute, although according to the existing state program, quotas for places for people with disabilities have been introduced for all enterprises, however, management, as a rule, is in no hurry to hire people with disabilities.

Determination of disability by a medical commission

In the presence of general disease disabled people can receive prosthetic arms and legs for free, orthopedic shoes can be provided free of charge (of simple design), at a discount or for full cost(increased complexity). The number of prosthetic and orthopedic products that a disabled person receives free of charge is determined in the federal list of rehabilitation measures. If a larger quantity of the above products is required, a 70% discount is provided.

In addition, disabled people can receive discounted dentures.

Representatives of this group of persons do not pay state fees when filing relevant claims in courts of general jurisdiction and are exempt from transport tax if you personally purchase a car with an engine with a power of up to 150 hp, you are exempt from the state duty for a property claim with an amount of damage up to 1 million rubles, and also have a discount on paying for notarial actions in the amount of 50%.

Duration of the working day for working persons with group 2

For working disabled people of group 2, the maximum work week- no more than 35 hours, and full wages must be maintained. A shortened working day for disability group 2 is indicated in the medical report, or rather, the maximum is indicated there. possible duration working day, on the basis of which the employer must plan the work time of the disabled person while maintaining the amount of remuneration. Without the consent of the employee, he cannot be involved in additional types works

Leave for disabled people is from 30 calendar days, and this rule applies to an individual regardless of what period of the year he received limited opportunities. An employee with disability group 2 can, if necessary, apply for unpaid leave of up to 60 days.

Finally

Thus, the answer to the question of whether disability group 2 is working or not requires knowledge of the degree of disability and the presence of a medical certificate from the ITU. For disabled people, various benefits and payments are provided, which in many cases do not cover the needs of disabled people, but provide a minimum level for their survival. Disabled people can receive a social or labor pension, EDV and other payments, which together determine their total income.

Often, after a long illness or as a result of an accident, a person receives a permanent health disorder. In such cases, he is assigned a disability, and the state pays him a social benefit.

Depending on how much a person has lost his ability to work, he may be assigned three disability groups, each of which has several degrees. In this article we will look at the second group of disabilities.

In what cases is the second disability group assigned?

Disability group 2 - working

The legislation does not clearly state, if present, what diseases or health disorders are identified as the second group. When making a decision to assign a disability group medical commission will be guided by the following data:

• whether a person can take care of himself or needs help from third parties;
• to what extent the person applying for the group is mentally adequate, does he pose a certain danger to society or himself;
• the degree of disability, taking into account the work that the person performed previously and his ability to perform this work at the present time;
• the degree of physical injury, if the group is established in connection with the loss of a limb.

Currently, all these criteria are given in Order of the Ministry of Labor 1024n dated December 17, 2015. According to it, a person can be assigned a second disability group if he has moderate impairments in all of the above characteristics.

The second disability group is established, as a rule, for a year and in order to extend it, it is necessary to undergo a re-examination every year, which determines whether the health and work impairments for which it was assigned have persisted. Based on the results of the commission's assessment, the group can be maintained or cancelled.

About the procedure for establishing a disability group - in the video:

Degrees of disability for second degree disability

In addition to assigning the specific disability group itself, the degree of disability is also established. As well as disability groups, there are three of them:

1. The first degree of disability is the mildest. The person to whom it is assigned has virtually no restrictions when choosing work, with the exception of difficult, harmful and dangerous conditions.
2. The second degree already imposes greater restrictions. Such a person needs either a specially organized workplace or special working conditions. The choice of work and their time are also limited.
3. The third degree of disability is the most severe and means that the person cannot work. That is, the employer does not have the right to hire such an employee, even with his consent.

Sometimes in a certificate of disability, in the column for the degree of disability, a note may be placed: “does not have”, this means that such a person has practically no restrictions on work ability, but at the same time it is still necessary to establish working conditions that do not contradict the individual rehabilitation card of the patient . Also, such a disabled person retains all the benefits provided by labor legislation.

Rehabilitation card for a disabled person

Disability group 2 - people with disabilities

When a disability is assigned, in addition to a certificate confirming this, the person receiving the disability is given a rehabilitation card called an individual rehabilitation program.

When applying for a job, a person with a disability is required to provide an extract from the card or a copy of it to the employer, so that the latter can create optimal conditions for the work activity of a disabled person and did not violate labor laws.

Work and benefits for a disabled person of the second group

Based on the above, we can conclude that the presence of a second disability group is not a contraindication to work with minor restrictions. An employee with a disability can only be hired for a position whose work does not contradict the indications in the individual rehabilitation card.

Restrictions, as a rule, are introduced on the length of working hours, the intensity and complexity of the work performed, the time and place of the work performed. Regardless of what restrictions are provided or not provided for in the rehabilitation card, disabled people are entitled to benefits that are established by the federal law No. 181. Benefits provided by law:

• the working week of a disabled person cannot be more than 35 hours a week while maintaining full earnings;
• disabled people should not be involved in overtime work, even with their written consent;
• For disabled employees, annual paid leave is extended by two calendar days;
• also, at their request, the employer is obliged to provide a disabled person with leave at his own expense while maintaining his job for up to 6 calendar days. The timing of this leave must be independently agreed between the employee and the employer.

Thus, the legislation protects citizens with disabilities, but creates additional difficulties for employers. And the latter are trying in every possible way to avoid hiring such workers.

Job quotas for disabled people

They have no right to refuse to hire a person because of his disability!

In order to provide people with disabilities with jobs, a law on job quotas was adopted.

According to which, organizations with the number specified in legislation must establish the number of jobs for people with disabilities. This number is set as a percentage of the average number of all employees.

Currently, this law is controlled by employment authorities. In order to find out how much meth should be allocated for disabled people, you need to go there. But it is worth carefully studying the law itself.

In particular, it states that from the average number of workers, from which the number of jobs is calculated, those who, as a result of a special assessment of work, were found to be heavy, harmful and hazardous conditions labor.

Responsibility for concealing the presence of disability

Since employers are reluctant to enter into employment contracts with persons with disabilities, and also due to the rather limited list of types of work to which disabled people are allowed, very often a person does not provide information about the presence of a disability to a potential employer.

Who is responsible for this?

Disabled people should feel supported by the state!

According to the Labor Code of the Russian Federation, a certificate of disability is not included in the list of mandatory documents provided when applying for a job. Consequently, if an employee does not outwardly show signs that he is disabled, he can successfully hide this information from the employer, but at the same time he is accordingly deprived of all benefits.

If the employer is not properly informed, then he is also not responsible for such an employee. But there may be nuances here.

If the position requires passing a medical commission, then it is necessary to send the employee to undergo it, otherwise if an accident occurs and in the absence of a medical certificate it turns out that the employee also had a disability, this could result in serious consequences for the employer.

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Can a group 2 disabled person work: working conditions

Today, special provisions have been formed that help workers with limited ability to adapt to society and have the same opportunities to defend their rights. And most importantly, the developed set of measures includes a program for finding the most suitable vacancies for disabled people of group 2.

Legal support for people with disabilities is regulated labor code and includes some work features, for example, a modified work schedule. Thus, a disabled person of the second group can work no more than 35 hours a week, this is confirmed by a certificate and a medical prescription.

In order for a disabled person of the second group to go to work on a holiday or his day off at the request of the administration, he must declare his consent in writing.

Tariff annual leave for employees with disabilities must be at least 30 calendar days and, in addition, such employees have the right to an additional 60 days of rest, “at their own expense,” i.e., not paid by the enterprise.

Of course, such employees are not of particular interest to employers in terms of their ability to work, and that is why legislation offers companies that hire Group 2 disabled people preferential tax conditions and additional “bonuses.”

List of diseases of 2nd disability group

According to the order of the Ministry of Labor, only a medical commission can recognize a citizen as disabled, based on anamnesis and a doctor’s conclusion, provided that the person has certain impairments of body functions, to one degree or another. Among these are:

1. Difficulties in movement, movement, it is impossible to maintain balance when walking without assistance.
2. Limitations on the ability to use public transport, i.e. it is necessary constant help and support.
3. There is no way to navigate in space without outside help, to correctly determine the place and time of stay.
4. Restrictions on contact with other people or inanimate objects.
5. A person with disability group 2 cannot remember or reproduce received information, or processes it incorrectly.

Among the diseases due to which a person can be recognized as a disabled person, 2 groups are distinguished:

• Diseases affecting the human psyche;
• Limitations of speech functions, including stuttering;
• Limitations of the visual system;
• Impaired tactile sensitivity;
• Diseases respiratory tract, circulatory system;
• Physical deformities.

Can a disabled person of group 2 work?

Having a second disability group, a person can work; only citizens in group 1 are considered incapable of active work.

All enterprises are regulated to employ persons with disabilities, in the amount of 4% of total number staff members.

When registering for an enterprise, a citizen must provide a medical report that confirms his involvement in a particular group. In the future, this certificate will be the basis for the provision of legal benefits. According to the “letter of the law,” a company representative can terminate an employment contract and cooperation with a disabled person on the same grounds and for the same reasons as in a standard situation with an employee.

Official employment of people with disabilities

Registration for work in the presence of a disability group has some features. To carry out such a procedure, you must have an ITU and IPR certificate in hand, i.e., an individual rehabilitation program, which involves instructions and recommendations from specialists on the citizen’s working conditions.

The law does not provide for any restrictions on hiring, but not many companies and enterprises are in a hurry to hire people with disabilities.

Today every major center and the city has specialized complexes, which formed for the employment of persons with disabilities. These include the society of deaf or blind people, etc., but you should be prepared for the fact that labor in such structures is low-paid and, according to the regulations, a limited number of jobs.

When applying for employment in an ordinary enterprise, a citizen must be prepared for refusal, and, despite the fact that Government program provides a special quota for vacant positions for people with disabilities, companies rarely agree to hire them.

One of the most common jobs and earning opportunities is remote work from home, since with this option a person has the right to independently manage his time without leaving home. Often, people with disabilities choose work related to journalism (freelancing), copywriting, website creation, layout, etc. However, even with this development of events, disadvantages cannot be ruled out - the lack of official employment, and therefore, work experience.

Contraindications to employment

According to the law, no citizen is prohibited from working, despite the disability group, if this is agreed with the employer. Based on this, we can conclude that the most important thing is not a specific group of citizens, but certain contraindications included in the commission’s conclusion.

If the conclusion of the MEA does not contain any contraindications, the employer does not have the right to refuse employment to a citizen.

Failure to comply with legal requirements for employment and creating conditions for an employee will be considered a violation of the law and entail liability. Each position offered to disabled people of group 2 must first be examined by an certification commission.

Also, when hiring disabled people, it is strictly forbidden to create a probationary period. The conditions for providing both tariff and additional holidays differ significantly.

how to solve your problem?

General procedure for recognizing a person as a group 2 disabled person

The second disability group is considered to be a worker and can be assigned only on the basis of a medical and social examination. Before going to a medical facility, the patient will need to collect a special package of documents:

1. Documents confirming human health impairments;
2. A certificate of specific medical indicators about the degree of impairment;
3. State compensatory possibilities citizen;
4. Documents on previously carried out rehabilitation and recovery activities.

In some specific situations, a referral from a pension fund or social security service may be necessary.

• A citizen’s own written statement;
• Original passport;
• Copy or original work book;
• Certificate of income;
• Outpatient card of the patient with previous anamnesis;
• Characteristics from the place of work or study;
• An act of injury or illness.

Next, the commission, based on the submitted documents, having studied the specifics of the disease in each specific case, makes a conclusion and attaches an order on the characteristics of labor opportunities. The commission keeps a special protocol during the process, which declares:

• Document creation date;
• Result of visual inspection;
• Personal information about the patient;
• Patient's passport details;
• Data on the time and conditions of the subsequent re-examination procedure;
• Information about education and professional opportunities;
• Causes of disability, injury;
• General conclusion.

Result general conclusion a disability certificate is issued based on the opinion of the majority of members of the expert commission.

Recognition of disability: is re-examination necessary?

The degree of impairment of vital functions directly affects the assignment of disability. Thus, group 2 is given to a citizen for only 1 year and subsequently a re-examination and re-examination are provided to determine the state of his health and any changes over the past year.

The repeated examination involves the same procedure as the first time, but its date and timing will be set directly by the commission.

The result of the commission, if necessary, can be appealed within 30 calendar days. To do this, you will need to draw up and write a statement in your own hand, according to the approved form, in which you will justify the reasons for the refusal.

Next, a re-examination will be scheduled and a commission will be assembled to review the results. If the decisions of the medical institution authorities do not comply desired result, a citizen can appeal the decision in court.

Social assistance, payments and benefits for disabled people of group 2

For working disabled people of the second group, the state provides some benefits:

• No probationary period when hiring;
• Possibility to set a part-time or weekly work schedule, with mandatory working of the approved time;
• Overtime and going on shift at night are unacceptable;
• Preferential right for employment subject to staff reduction;
• Urgent termination employment contract employee due to health reasons.

In addition, there are material subsidies that are transferred to the employer’s account from the social protection fund for disabled people. However, it is worth considering that this is only possible if the citizen gets a job in the direction of the municipal employment service.

Enterprises whose employees include people with disabilities are constantly subject to inspections:

Employment of disabled people of group 2 is quite possible, however, it is associated with some difficulties and features.

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According to the law of the Russian Federation, disabled people are entitled to full pensions, and there are no restrictions on this matter.

A disability pension is a benefit that a citizen can count on due to temporary or permanent loss of ability to work. The specific conditions of pension payments will depend on certain circumstances and details of the employment relationship, the reasons for loss of legal capacity.

• Workers and employees have the right to receive a pension if they have a disability of the first, second or third group (how is it assigned?). Payments may be calculated differently, depending on the factors that caused the loss of legal capacity.
• If it is a work-related injury, occupational disease , then accruals are made without taking into account length of service. If the loss of ability to work occurred as a result of a general illness, then seniority taken into account when calculating pensions. The younger a citizen is, the less experience is required.
• Taking into account the legislation, a disability pension is awarded to persons who are recognized as disabled people of the first, second or third group. A citizen can be recognized as disabled if a medical examination has been carried out, in accordance with Federal Law No. 181.
• Payments for loss of ability to work are made regardless of when it occurred. And this could happen during the working day, before getting a job, as well as after dismissal.
• In order for a disability pension to be granted, an insurance period of any duration is required.. The duration of this experience depends on the category of disability.

Is it possible to work, get paid and not lose your dues?

According to the legislation of the Russian Federation (, , 94 of the Labor Code of the Russian Federation), people with disabilities can work if the working conditions are not contraindicated due to health reasons (?). The second disability group is recognized as partly working.

If a disabled person is recognized as able to work, then he can be employed by creating special conditions for him. For example, there must be a specially designed workplace.

A pension due to loss of ability to work is paid to a citizen of any age. Thus, a citizen can continue to work if health and working conditions allow.

In this circumstance, the manager must pay wages in the same manner for everyone, and also make specific payments in Pension Fund. In the compulsory pension insurance base, accruals will be summed up throughout the year, and the employee can see them on his personal account.

All accruals will be converted into points and later used to recalculate pension payments. A disabled person does not lose his pension, he receives it in full, and this rule does not depend on the size of his salary at the workplace.

An insurance pension due to disability is awarded to citizens who have disabilities from the first to the third group. In this case, the reasons for which the disability occurred do not matter.

The pension is paid in mandatory, regardless of whether the citizen gets a job or not. The increase in pensions should occur on an individual basis, taking into account the age and amount of earnings of a working pensioner (read about the features of pension indexation for working pensioners and disabled people of groups 2 and 3).

Also the pensioner must receive accruals along with bonuses, which are established in accordance with the legislation of the Russian Federation.

Reference! Labor pension is due to disabled people of any group if they have a minimum work experience.

Thus, the inability to work and receive wages will be compensated. In this case, the citizen will have to choose which pension is more profitable for him.

Peculiarities of employment of a disabled person of group 2

So, the second category of disability is working.
Only disabled people of the first group cannot work.

By law, all businesses must employ people with disabilities. The number of disabled people per enterprise can be 4% of all employees.

When a candidate for a position is interviewed, he must submit a document to the employer, which will indicate the specific category of disability. Thanks to this document, a special employee can receive social benefits.

According to the law, labor Relations with a disabled person, the employer has the right to terminate on the same grounds as are common to all.

According to the law, there is no specific framework for hiring employees with disabilities, but few employers are in a hurry to have such an employee as a subordinate.

Today, in many areas there are organizations for the employment of persons with disabilities. For example, complexes for citizens with eye or hearing dysfunction. But, you need to keep in mind that in such organizations there are low salaries and not enough jobs.

One of the most suitable jobs for people with disabilities is home work . Thanks to remote work, a citizen with disabilities can plan his work schedule at his own request.

Often people with special needs choose freelancing. This type of work also has its disadvantages. For example, it is considered unofficial, which means that work experience is not counted.

According to the law, such special citizens can work if the head of the enterprise does not object. Accordingly, a manager has the right not to hire a citizen due to medical contraindications, and not because the person has a group.

For this reason, an interested person can work if there are no contraindications to a certain type of activity, and there are also comfortable working conditions. If the document does not specify contraindications, then the manager cannot refuse the candidate for the position.

Important! It must be borne in mind that there is no specific list of contraindications. It is necessary to draw conclusions for each case separately, taking into account the state of health of the citizen and his illness.

How much pension can you expect?

Persons with a second disability group have the right to find employment. This circumstance will be taken into account when paying the pension. There are two types of payments to pensioners:

• Social payment.
• Labor compensation.

These payments are characterized by the fact that they are calculated in different ways. For example, a social pension may be less than labor compensation.

Everyone on this moment is entitled to a monthly pension of four thousand four hundred rubles. So far there are no plans to increase this amount, but there is lump sum payment all pensioners, which can be received once a year, and it amounts to five thousand rubles.

So, is it possible for a disabled person of the second group to work while maintaining a pension? The answer will definitely be positive. Every citizen with disabilities who wants to work must remember their rights and responsibilities when applying for an official place of work.