Not all employers know that they are required to provide reports to the employment center in 2018. At the same time, there are many forms that are submitted by organizations to the territorial division of the Center for Significance and within the established time frame. In particular, we are talking about information on the dismissal of personnel, on the availability of vacant positions and vacancies, on quotas for employment of people with disabilities, on pre-retirement people, etc.
In accordance with Law No. 1032-1 of April 19, 1991, all employers, including legal entities and entrepreneurs with employees, are obliged to assist citizens in finding employment, reducing general level unemployment in the country. This is especially true for socially vulnerable individuals who have disabilities or are at pre-retirement (retirement) age. According to stat. 25 of the Law, employers must provide the following information to the Employment Center:
- For the upcoming dismissal of personnel due to cessation of economic activity or liquidation of a business, as well as due to staff reductions (forms 1a-BP, 1-BP).
- Based on actual dismissals of employees (forms 2-BP, 3-BP).
- Based on the availability of available places or positions (form 1-TN).
- For the allocation or creation of places of employment for the placement of employees with disabilities (form 1-KI).
- For the allocation or creation of places of employment for the placement of employees in need of special social protection (f. 2-ITPR).
- Other forms as needed.
Report on disabled people to the employment center
A standard report on disabled people is submitted to the employment center by those employers whose total number of employees is 35 or more people. If the indicator does not exceed the designated threshold, this document is not required to be provided.
The form includes information about quotas for places of employment for persons with disabilities. Exactly how many jobs an employer must reserve for disabled people is determined by the administrative authorities of a particular region of the Russian Federation. In this case, the quota refers to workplaces specially equipped for disabled people in the organization. The total number of such vacancies is determined by calculation as a percentage of the total number of employees.
Each enterprise secures its obligations to reserve places for people with disabilities on the basis of an agreement concluded with the Center for Disabled Persons. Then the manager approves the order, which indicates the number of reserved places with specific positions. The quota regulations are enshrined in the organization's LNA. Such measures help people with disabilities find employment.
In order to inform the state about the quota, the employer submits a report form to the employment center. The document is provided every month. The exact timing and form used are approved by the territorial employment service. Reporting is permitted by visiting the center in person or by mailing a document, as well as electronically. The latter method requires an electronic digital signature (digital signature) to be issued to the employer.
Note! The exact quota size is determined as a percentage of the company's average headcount. For enterprises with a workforce of 100 or more people. the indicator is 2-4%, with a population of 35-100 people. - until 3 %. When making calculations, the average headcount does not need to include those employees who are employed in dangerous or harmful conditions (Article 21 of Law No. 181-FZ of November 24, 1995).
New report to the employment center 2018
In connection with the pension reform ongoing in the Russian Federation, the Government is approving a new category of workers called pre-retirees. Such citizens cannot simply be fired or their labor rights violated in any other way. From October 1, 2018, Rostrud obliges employers to provide new uniform report to the employment center about pre-retirees. The corresponding clarifications are given in Letter No. 858-PR dated July 25, 2018.
The document must be submitted no later than October 15, 2018. Government agencies are not interested in all company employees, but only in persons who have reached the following age:
- Women born in 1964
- Men born in 1959
It is necessary to indicate data on persons working on a certain date, as well as on those who were fired during the reporting period. Cases of termination of employment relationships at the initiative of the employer are separately explained. The form is supposed to be submitted quarterly to control the dismissal of persons approaching retirement age.
On this moment There is no legally approved form. Likewise, liability for failure to provide a document is not defined. Therefore, employers are advised to consult their employment service whether they need to report or not yet. If the answer is positive, you can fill out the form according to Letter of Rostrud No. 858-PR dated July 25, 2018. This is the document that the department recommends for obtaining information from employment centers. Deadline for submitting data for Q3. – until October 15th.
Report to the employment center for pensioners
Strictly speaking, this is not a separate form, but a continuation of the previous one. Some people refer to the report on pensioners as information about employees of pre-retirement age, which are described above. Therefore, if the employer does not have employees of the designated age on its payroll (men born before 1959, women born before 1964), there is no need to submit the form. Also, entrepreneurs running a business alone, that is, without hired personnel, are not required to report.
The document is submitted to the territorial division of the employment service. The frequency of presentation is quarterly. The deadline is until the 15th. The exact deadline is set by the Central Planning Commission. The first time you need to report for the 3rd quarter. 2018. The second document will be submitted in 2019 for the 4th quarter. 2018
Report on staffing at the employment center
A unified report on the company’s personnel composition is submitted to the territorial employment service. The form is approved by the authorities of individual constituent entities of the Russian Federation. You can send the data by mail, bring it to the center in person, or transmit it via TCS (telecommunication channels), that is, in electronic format.
The exact deadlines for submitting such information have not been approved at the legislative level. To find out by what date you need to report, consult your regional CZN office. For failure by employers to fulfill the obligation to submit reporting data, liability is provided for in Art. 19.7 Code of Administrative Offences. The amount of penalties is set within the following limits:
- For individuals – 100-300 rubles.
- For employer managers – 300-500 rubles.
- For legal entities – 3000-5000 rubles.
In case of failure to submit any of the mandatory reports, the inspection authorities will levy a fine for each document not provided. Since the forms are so easy to fill out, it is recommended that you report on time to avoid paying fines later.
If you find an error, please highlight a piece of text and click Ctrl+Enter.
Already in the current reporting period, that is, from October 1, Moscow employers can provide information on the fulfillment of quota conditions through the Interactive portal of the Moscow Employment Service through the “Personal Account”, in other words, online (czn.mos.ru). This was reported by the State Public Institution "Center for Quotas".
To submit the relevant reports, the employer must contact the territorial quota department and gain access to register on the specified portal. Then to the address Email, which is indicated in the organization’s card, an activation code will be sent. It can also be hand-delivered against signature by an employee of the territorial quota department. The activation procedure only needs to be completed once.
After activation and registration in " Personal account"The employer will be able to fill out the necessary fields of the 1st quarter "Quarterly" form. Confirmation of acceptance of the report will also appear there.
When calculating the quota, are those employees whose working conditions are classified as harmful and (or) dangerous included in the average number of employees? Find out from the material "Mandatory quotas for jobs" in "Encyclopedia of solutions. Inspections of organizations and entrepreneurs" Internet version of the GARANT system. Get full access for 3 days for free!
The interactive portal of the Moscow employment service was launched in September of this year by the Department of Labor and social protection population of the city of Moscow. By the way, using the “Personal Account” you can also send a report on personnel composition to the Employment Service and use the service of assistance in the selection of employees.
Let us remind you that in accordance with the current Moscow legislation, employers operating in the capital, whose average number of employees is more than 100 people, must comply with a quota of 4% of the average number of employees. Of these, 2% is for the employment of people with disabilities and 2% is for the employment of certain categories of youth (Part 1 of Article 3 of the Moscow Law of December 22, 2004 No. 90 ""; hereinafter referred to as the Moscow Law on Job Quotas). This includes graduates of primary and secondary vocational education institutions aged from 18 to 24 years and higher vocational education aged from 21 to 26 years, looking for work for the first time ().
According to the established rules, the employer independently calculates the size of the quota based on the average number of employees (). At the same time, he is obliged to submit reporting on quotas to the Quota Center quarterly by the 30th day of the month following the reporting quarter ().
According to the law, the quota for disabled people in an organization is established within certain limits. Its specific meaning is determined by the regional administration.
Job quotas
A quota refers to workplaces reserved specifically for persons with disabilities and equipped taking into account their physical characteristics. The number of vacancies is calculated as a percentage of the total number of employees and is updated regularly.
The organization consolidates its obligations in an agreement signed with social protection authorities. After which the manager issues an order containing the exact number of reserved places indicating the positions. It is impossible to replace the quota (specifically for disabled people) with payments to the state budget, since this is not provided for by law. Such measures are designed to facilitate employment for persons with disabilities. disabilities, which is especially important in the current economic situation.
Interesting information
According to statistics, 80% of disabled people are employed in China, 40% in Britain, about 30% in the USA, and only 10% in Russia. At the same time, the government of China or the United States does not consider it necessary to place quotas on jobs for people with disabilities, but invests decent funds in the adaptation and employment of people with disabilities. According to their calculations, this is cheaper than supporting disabled people using state benefits.
Quotas have several features. Thus, the number of jobs for disabled people is calculated based on the average number of company employees. Their creation or allocation is carried out at the expense of the employer.
Federal Law No. 181 establishes that companies with more than 100 employees are required to hire people with disabilities. At the federal level, a quota has been established for hiring disabled people - 2-4%; laws of constituent entities of the Russian Federation can increase the established minimum.
Providing guarantees for persons with disabilities in employment occurs through the submission of reporting documents by organizations. Thus, the employer sends a report in Form No. 1 to the employment service for consideration.
The table below shows fines for late or incomplete provision of information about quotas in the organization to officials, officials of the employment center and other government agencies
Legal regulation
TO regulations regulating the employment of persons with disabilities includes:
- Constitution of the Russian Federation. Reinforces the right of disabled people to work and social protection.
- Federal Law No. 181 of 1995 (as amended in 2014). Establishes the basis for social protection of disabled people in Russia.
- Order of the Ministry of Labor No. 664n of 2014. Regulates the procedure for conducting medical and social examination.
- Selected articles of the Labor Code of the Russian Federation. They provide for the procedure for hiring disabled people, benefits and guarantees.
Regional authorities establish regulations that reflect the local characteristics of a particular subject of the Russian Federation and contain more detailed instructions regarding:
- enterprises obliged to provide a quota;
- the exact number of vacancies for people with disabilities;
- creating special conditions in the workplace;
- frequency of reporting.
In addition, starting from 2013, the head of an enterprise is required to adopt local regulations regarding workplaces intended for people with disabilities. The standard form of these acts is not established by law, which is why the employer is given complete freedom to draw them up. He also has the right to limit himself to introducing changes to existing local provisions.
Organizations
Interesting statistics
The number of employed disabled people by type of disease in Russia: 5% - visual disability; 7% - hearing disability; 28% - disorders of the musculoskeletal system; 4% - moving in a wheelchair; 2% - mental disorder; 54% - disability due to other diseases.
The form of ownership of the enterprise and its type of activity do not affect the obligation to provide vacancies for persons with disabilities. The only criterion for this is the number of actually working employees available in the organization on the first day of the reporting period. As a rule, this should exceed 100 people (Articles 21, 24 of Federal Law No. 181).
However, in some regions, other indicators are set. In Yakutia, for example, quotas for minors are required to be provided to companies with more than 50 employees. In the Republic of Bashkortostan, it is necessary to reserve places for persons with disabilities even if there are 36 employees.
Small enterprises that are required to provide a quota, but do not have the financial ability to arrange workplaces for people with disabilities, can rent them from large organizations. Such a solution to the situation was proposed in some constituent entities of the Russian Federation. There were also cases of several companies uniting to equip a special territory where disabled people from each company could work. This made it possible to reduce the cost item.
The following are not subject to mandatory quotas of places for disabled people:
- Public associations of disabled people.
- Partnerships, societies and other organizations with authorized capital, formed from the funds of the association of disabled people.
When setting job quotas, the type of activity of the company, its form of ownership, and legal form are not taken into account. State and commercial organizations have the same responsibilities for accepting disabled people.
The number of employees
When calculating the average headcount, only actually working employees are taken into account. Unoccupied positions are not taken into account, as are employees:
- performing their duties in dangerous and harmful working conditions, which is confirmed by job certification or special assessment (Article 21 of Federal Law No. 181);
- workers in company branches located in another city (determination No. VAS-11395/12 dated September 3, 2012 in case No. A32-13713/11).
Quota value
Some facts
The most suitable professions for disabled people are regulated by a special list of priority job positions for disabled people, which is approved by government Decree of the Ministry of Labor of the Russian Federation No. 150 of 09/08/93. , which is still valid today.
Order No. 181n dated April 30, 2013; Art. 21 Federal Law No. 181 of November 24, 1995 prescribes setting a quota within the limits of:
- 2–4% of the average number of employees, if more than 100.
- 2–3% if there are from 35 to 100 employees.
The specific meaning is specified in regulations issued by the municipality of a particular region. In Moscow and the Moscow region the quota is 2%, in the Voronezh region - 3%, in the Rostov region - 4%.
The final figure will indicate the mandatory number of places, which does not prevent the employer from increasing it of his own free will. The quota for disabled people at an enterprise includes jobs that already employ people with disabilities. If this exceeds the mandatory standards, the difference (in percentage) will be the amount by which the employer has the right to reduce the number of jobs for other quota categories.
Reduction
According to the law, when staffing is reduced, dismissed employees are offered vacant positions that correspond to or are lower than their qualifications. If there are none, but there are places reserved for people with disabilities, they cannot be offered to those being dismissed. This is only possible if the employee being laid off has a disability.
Watch the video about job quotas for people with disabilities
Reporting
According to paragraph 3 of Art. 25 of Law No. 1032 - once a month or quarter (depending on the region), organizations must submit a report on quotas of jobs for people with disabilities to employment services. Its form and procedure for provision are established by the regional employment center (Article 7.1-1 of Federal Law No. 1032-1). The approximate contents of the report should include the following information:
Additional article
A disability pension is a benefit that is allocated by the state budget to citizens with 1, 2 or 3 disability groups. Find out how to apply for a disability pension.
- Name of the organization, its address.
- Contents of local regulations.
- The number of employees.
- Number of workplaces specially adapted for persons with disabilities.
- Vacancies for disabled people - available or specially created.
- Required profession, qualifications.
- Education, work experience.
- Type of work: permanent, part-time, performed at certain times of the year, at home.
- Working hours (regular, flexible, per shift, rotational)
- Working hours.
- Salary amount.
- Social guarantees.
Depending on regional laws, additional responsibilities may be imposed on the employer. In Moscow, organizations are subject to registration with the state institution “Quotation Center” (where reports will subsequently be sent in Form No. 1). This procedure must be carried out no later than one month after registration with the tax service.
Details about quotas for hiring people with disabilities are described in the video
Responsibility
Failure to comply with the requirements threatens the head of the company with administrative penalties. Violations may be detected during a labor inspection. In some cases (lack of a specially equipped workplace), the imposition of penalties is within its competence. For other offenses, a protocol is drawn up and submitted to the administrative commission or court (Articles 28.3, 23.1 of the Administrative Code of the Russian Federation).
Penalty amounts may vary depending on the region. Payment of a fine does not mean release from the obligation to allocate a quota.
Taxes
Insurance premiums for disabled employees are calculated at reduced rates. Accident insurance is 60% of the tariff.
Funds spent on disabled people (arrangement of workplaces, internships, retraining, payment of contributions to societies for the disabled) can be included in other expenses of an enterprise where:
- the number of disabled employees is at least half of all employees, with the exception of those working part-time and on civil contracts;
- on wages disabled people account for at least 25% of the funds spent on wages for all employees.
If several employees in an organization are laid off due to layoffs, they are required by law to be offered all available available positions of equal or lower qualifications. If there are no vacant places for transfer, except for positions created for disabled people under a quota, then the organization cannot offer them to those being dismissed, unless they are disabled.
Search for colleagues
The employer's responsibility is only to create a quota for disabled people, and not to fill it. The quota for disabled people at an enterprise is considered fulfilled if the employee has worked in the organization for at least the period specified in the regional law. In Moscow, this period is 15 days (within a month), in Karelia - 3 months. (during the calendar year). If vacant positions remain unfilled, this cannot be a reason for imposing penalties. Finding workers with disabilities is the task of the employment service.
Guarantees and benefits for people with disabilities in employment
Current legislative norms provide that an individual work process is established for disabled people. Its features are as follows:
- Work time. Duration working week abbreviated:
- For disabled people of groups 1 and 2, it is no more than 35 hours;
- Hiring a disabled person of group 3 takes into account that he will work no more than 40 hours (the established norm).
- Attracting to overtime work only with their written consent if there is permission in a medical report;
- The duration of annual paid leave is not 28, but 30 calendar days;
- The Labor Code of the Russian Federation establishes the possibility of taking additional unpaid leave - its duration should not exceed 60 days annually.
Wages for disabled people are calculated in accordance with regulations adopted at the local level, as for other employees.
For more information about the employment of people with disabilities, watch the video
It is important to consider only a few nuances:
- A disabled person has the right to receive a tax deduction, the amount of which is no more than 3,000 rubles;
- Hiring a disabled person of group 2 takes into account that he has the right to registration tax deduction, regardless of the salary – 500 rubles.
Consequently, the wages of disabled people will be calculated based on current system wages at the enterprise.
Employment of a citizen with disabilities is carried out in general procedure. Labor Code The Russian Federation does not establish special rules, with the exception of the content employment contract. It must include all guarantees and benefits regulated by law for this group of citizens.
The law determines that every employer with more than 35 employees can already begin to equip workplace for a disabled person.
This means that the head of such an enterprise must reserve a workplace for hiring a disabled person. Moreover, this should be done without fail, regardless of whether such an employee has already come to get a job or not.
All labor Relations quota jobs must be bound by an employment contract, and the workplace must comply with the standards and norms of laws and regulations.
The list of documents for employment must include a medical report on the assignment of a disability group. On its basis, the employee’s labor process, his involvement in overtime work, etc. will be formed.
If you have questions, write in the comments
The main goal of any commercial organization is to make a profit. However, the Russian Federation is welfare state, therefore the law establishes requirements for business and social sphere. In particular, the state supports people with disabilities and young people, since these categories of citizens find it most difficult to find work. And the main tool for promoting their employment is job quotas.
Issues of quotas for jobs are regulated by Federal Law No. 181-FZ dated November 24, 1995 “On social protection of disabled people in Russian Federation"(as amended on June 1, 2017; hereinafter referred to as Federal Law No. 181-FZ), Law of the Russian Federation dated April 19, 1991 No. 1032-1 “On Employment in the Russian Federation” (as amended on July 29, 2017) and other regulatory acts, including those of the constituent entities of the Russian Federation.
For example, in Moscow, this issue is regulated by Moscow Law No. 90 of December 22, 2004 “On Job Quotas” (as amended on April 30, 2014; hereinafter referred to as Moscow Law No. 90). Also in Moscow there is a Regulation on quotas for jobs in the city of Moscow (approved by Decree of the Moscow Government dated 04.08.2009 No. 742-PP; hereinafter referred to as the Regulations on quotas), which determines the procedure for organizing quotas for jobs (registration and deregistration, reporting and etc.). These regulatory legal acts define the legal, economic and organizational basis for job quotas.
Let's figure out what the employer needs to do to organize work with quotas.
STEP 1. DETERMINE WHETHER THE ORGANIZATION IS OBLIGATED TO ENGAGE IN QUOTAS
Quotas of jobs for people with disabilities and youth, according to Art. 21 of Federal Law No. 181-FZ, all employers with more than 100 employees must deal with this.
The legislation of the constituent entity of the Russian Federation establishes a quota for hiring disabled people in the amount of 2% to 4% of the average number of employees.
The exception is public associations of disabled people and organizations formed by them.
For employers whose number of employees ranges from 35 to 100 people, the legislation of a constituent entity of the Russian Federation may establish a quota for hiring disabled people in the amount of no more than 3% of the average number of employees.
Before starting work on quotas, it is necessary to find out who exactly regional legislation classifies as workers accepted under quotas.
If everything is clear regarding disabled people, these are workers recognized as such federal agencies medical and social examination, then the criteria for classification as youth may be different.
Example
Moscow Law No. 90 refers to youth:
. minors aged 14 to 18 years;
. orphans and children left without parental care, under the age of 23;
. graduates educational institutions primary and secondary vocational education aged from 18 to 24 years and university graduates aged from 21 to 26 years looking for work for the first time.
The conditions for joint quotas for disabled people and youth may also differ.
Example
According to Part 3 of Art. 3 of Moscow Law No. 90, if the number of disabled people hired for quota jobs is more than 2% of the average number of workers, then the number of quota jobs for young people is reduced by the corresponding amount. However, this law does not provide for a “reverse” norm that allows reducing the quota for people with disabilities if young people are hired in excess of the established quota.
Thus, a Moscow employer can ensure the fulfillment of the quota only if they employ disabled people, since this cannot be done only by employing young people.
STEP 2. DETERMINE QUOTA SIZE
The organization calculates the quota independently, based on the average number of employees.
Please note that when calculating the quota for disabled people, workplaces with hazardous and dangerous conditions labor (Article 21 of Federal Law No. 181-FZ).
Example
The average number of employees in an organization in Moscow, excluding workplaces with hazardous working conditions, is 250 people.
The quota for disabled people will be:
250×0.02 = 5 people.
The question arises, what to do if, as a result of calculating the quota, it turned out a fractional number. There is no clear answer to this question. If such a situation arises, it is best to check with the employment service on what to do. For example, in Moscow, employment service officials suggest rounding the calculation result down.
STEP 3. PUBLISH A LOCAL REGULATORY ACT ON QUOTATIONS
If it is clear that the organization is obliged to deal with quotas, and the size of the quota has been calculated, an appropriate provision should be adopted that defines the size of the quota, the procedure for quota work and the person responsible for this process.
STEP 4. REGISTER WITH THE EMPLOYMENT SERVICE
Employers are usually registered by local employment centers for quota purposes.
Let's look at the procedure for registering employers using the example of Moscow Law No. 90.
In Moscow, employers implementing quotas are taken into account by the Job Quota Department of the Moscow Employment Center.
Employers within a month after state registration with the tax authorities they are registered in the territorial division of the Quota Department. When registering, employers fill out a registration card, which is signed by the head of the organization and the chief accountant and certified by the seal of the organization, and also provide the following information and notarized documents:
A copy of the charter or constituent agreement;
Information letter from state statistics bodies on registration in the Statistical Register Federal service state statistics;
Data on the average number of employees on the day the quotas were established (form P-4 or, if the employer does not submit the form to the statistical authorities, a letter signed by the manager and chief accountant, certified by seal).
When registering, the employer is assigned registration number, which is indicated when submitting statistical reports.
The employer notifies the territorial division of the Quota Department of all changes in registration data.
If the employer changes its place of registration with the tax authorities, it will have to undergo re-registration, and if the organization is liquidated, it will have to be deregistered.
To deregister an employer, an application from the employer for deregistration or a decision of the owner or judicial authorities to liquidate the organization is submitted.
STEP 5. SUBMIT REPORTS ON JOB QUOTATIONS
Employers are obliged monthly provide employment service authorities with information on the availability of available jobs and vacant positions, created or allocated jobs for the employment of disabled people in accordance with the established quota for hiring disabled people, including information on local regulations containing information about these jobs, fulfillment of the quota for hiring disabled people (Article 25 of RF Law No. 1032-1).
Please check directly with the employment service in your region to find out exactly what forms you need to submit.
For example, Employers in Moscow, quarterly before the 30th day of the month following the reporting quarter, are required to provide information on the fulfillment of the established quota in a certain form to the territorial division of the Quota Department.
You can also provide this information in Moscow through the “Personal Account” of the Interactive Portal of the Employment Center (https://czn.mos.ru/).
Employers are also required to submit a report to the statistical authorities in the prescribed form. Form No. P-4 is filled out by organizations of all types of economic activity and forms of ownership, except for small businesses.
If this form is not submitted, the organization may be held liable under Art. 13.19 of the Code of the Russian Federation on Administrative Offenses (CAO RF) in the form of a fine:
On officials— from 10,000 to 20,000 rubles. (for repeated violation - from 30,000 to 50,000 rubles);
For organization - from 20,000 to 70,000 rubles. (for repeated violation - from 100,000 to 150,000 rubles).
Yu. Yu. Zhizherina,
HR director
The material is published partially. You can read it in full in the magazine
1. What is job quotas?
Job quotas are the most important means promoting employment for citizens who have difficulty finding work.
Job quotas are the allocation of a minimum number of jobs in organizations to employ citizens who are in particular need of social protection and have difficulty finding work: disabled people and youth in quota categories.
Employment in quota jobs creates favorable conditions for the professional rehabilitation of people with disabilities, and young people have the opportunity to express themselves in work, use their capabilities and potential, and ensure their financial independence.
2. Which organizations are required to fulfill quotas for people with disabilities and youth?
Regardless of the organizational and legal forms and forms of ownership of organizations, with the exception of public associations of disabled people and organizations formed by them, including business partnerships and companies, the authorized (share) capital of which consists of a contribution public association disabled people, employers organize quota-based jobs in Moscow. The employer organizes workplaces at his own expense.
3. What regulatory legal acts Are job quotas regulated in Moscow?
First of all, we are guided by these federal laws as the Law of the Russian Federation dated November 24, 1995 No. 181-FZ “On social protection of disabled people in the Russian Federation”, the Law of the Russian Federation dated April 19, 1991 No. 1032-1 “On employment in the Russian Federation” and others.
Currently, the issue of assistance in finding employment for vulnerable categories of citizens, namely disabled people and youth, is regulated by the Moscow City Law “On Job Quotas” dated December 22, 2004 No. 90 (as amended on April 8, 2009). The law defines the legal, economic and organizational basis for job quotas in Moscow.
There is also a Regulation on quotas for jobs in the city of Moscow (Resolution of the Moscow Government dated 04.08.2009 No. 742-PP), which determines the procedure for organizing quotas for jobs (registration and deregistration, reporting, etc.).
4. For which categories of citizens are there employment quotas?
According to Law No. 90, quotas in the city of Moscow are established for the employment of disabled people recognized as such by federal institutions of medical and social expertise, as well as for the following categories of youth:
- minors aged 14 to 18 years;
- orphans and children without parental care under the age of 23;
- graduates of educational institutions of primary and secondary vocational education aged from 18 to 24 years and university graduates aged from 21 to 26 years, job seekers first.
A quota for hiring disabled people and youth is established for organizations with more than 100 employees. The quota size is 4% of the average number of employees: 2% for the employment of people with disabilities and 2% for the employment of youth. If the number of disabled people hired for quota jobs is more than 2% of the average number of workers, the number of quota jobs for young people is reduced by the corresponding amount. Reducing the quota for disabled people is not allowed.
The quota is calculated by the organization independently.
6. When is a quota considered met?
- in relation to disabled people - employment by the employer of disabled people who have recommendations for work, confirmed by the conclusion of an employment contract, the validity of which in the current month was at least 15 days;
- in relation to the categories of youth specified in part 1 of this article - employment by the employer of youth, confirmed by the conclusion of an employment contract, the validity of which in the current month was at least 15 days, or monthly payment to the budget of the city of Moscow of the compensatory cost of a quota workplace in the amount of the subsistence minimum for the working-age population determined in the city of Moscow on the day of its payment in the manner established by the regulatory legal acts of the city of Moscow.
The current legislation does not have strict requirements for the method of employment of a disabled person; employment is carried out:
*
Self-disabled
*
Independently by the employer
* In the direction of the Central Employer, in accordance with the employer’s request
* At specialized job fairs for people with disabilities
8. What responsibility does an employer bear if he does not employ disabled people and young people according to the mandatory quota?
Failure by the employer to fulfill the established obligation to create or allocate quota-based jobs entails administrative liability in accordance with the Moscow City Code of Administrative Offenses.
In accordance with Art. 2.2 of the Moscow Code of Administrative Offenses, approved by Moscow Law No. 45 of November 21, 2007, the administrative fine for failure by an employer to fulfill the obligation established by the legislation of the city of Moscow to create or allocate quota jobs is:
- for officials from 3,000 to 5,000 rubles.
- for legal entities from 30,000 to 50,000 rubles.
9. How is registration and deregistration carried out under quotas? Providing reporting on quotas.
Employers in month period after state registration with the tax authorities, they are registered with the territorial division of the Job Quota Department of the State Budgetary Institution TsZN in accordance with their legal address.
When registering, employers fill out a registration card according to Form K-1 “Information on Employer Registration” (the card must be signed by the head of the organization and the chief accountant, certified by the seal of the organization) and present the following information and notarized documents:
- copies of the Charter/Regulations, constituent agreement (for an association or union)/owner’s decision (for an establishment);
- information letter from state statistics bodies on registration in the statistical register of the Federal State Statistics Service;
- data on the average number of employees on the day the quotas were established (form P-4 “Information on the number, wages and movement of employees”; if the employer does not submit the form to the statistical authorities, then he submits a letter signed by the manager and chief accountant, certified by a seal).
- a copy of the state registration certificate;
- a copy of the certificate of registration with the tax authority.
The employer notifies the territorial division of the Quota Department about all changes in registration data; in the event of a change in the place of registration of the employer with the tax authorities, the employer must undergo re-registration, and in the event of liquidation of the organization, it must be deregistered.
To deregister an employer, one of the following documents is submitted to the territorial division of the Quota Department:
- employer's application for deregistration;
- decision of the owner or judicial authorities on liquidation.
- a copy of the certificate of registration with the tax authority;
- information letter about deregistration with the tax authorities as a taxpayer.
When registering, the employer is assigned a registration number, which is indicated when submitting statistical reports.
Employers provide the territorial division of the Quota Department quarterly, before the 30th day of the month following the reporting quarter, information on the fulfillment of the established quota in Form N 1-quota “Information on the fulfillment of the established quota and movement Money", approved by the Department of Labor and Social Protection of the Population of the City of Moscow, which coordinates work on job quotas in the city of Moscow, and agreed with the Moscow City Statistics Service.
In connection with the launch of the Interactive GKU TsZN from September 1, 2016, employers have an additional opportunity to provide form No. 1-quota through the IAP TsZN ().
In order to submit reports through the “Personal Account” of the Interactive Portal, employers must contact the territorial division of the Quota Department to obtain access for registration. The activation code is sent to the e-mail address specified in the organization’s card, and is also given in person against signature by an employee of the territorial division of the Quota Department. After the activation and registration procedure in the “Personal Account”, the employer has the opportunity to fill out the necessary fields of form No. 1-quota. Confirmation of acceptance of the report appears in your “Personal Account”.
Instructions for submitting form No. 1-quota through the Interactive portal are posted on.
10. What economic support measures are provided for employers in the city of Moscow who are ready to employ citizens with disabilities above the quota?
In 2017, it is planned to conduct an Experiment on economic support for employers carrying out activities to create jobs for employing people with disabilities. Subsidies will be provided legal entities, including non-profit organizations (except for state and municipal institutions), individual entrepreneurs(hereinafter referred to as employers) in order to reimburse actually incurred and documented costs associated with the implementation of measures to create (preserve) jobs for people with disabilities and employ people with disabilities, which include:
- costs of paying insurance contributions to extra-budgetary funds accrued in connection with the creation of jobs for disabled people for created (saved) jobs for disabled people.
- costs of wages for labor supervisors of disabled people employed in created (saved) jobs for disabled people.
- costs for professional training and (or) additional professional education disabled people.
