Quota-based workplace - what is it? Quotas for disabled people: nuances that are important to know

The main function of the state is the social protection of citizens, the implementation of which is carried out in various directions. In particular, through the assistance of representatives individual categories population. Therefore, the state provides them with such a social guarantee as the availability of quota jobs.

Employers are required to implement this guarantee.. More details about her practical application- Further.

Quota-based workplace represents a certain number that are provided specifically for employment special categories workers. These categories can be determined in accordance with legislative acts - both local and federal levels.

Quotas are intended to support those categories of the population that have difficulty finding employment.

The reasons for this may be different: health status, inappropriate age, lack of experience, etc. As a rule, the state provides certain benefits to employers who employ such workers.

At the federal level there is no single legal act that would regulate this issue. It is partially addressed in the following laws:

• “On employment in the Russian Federation”;
• “On the social protection of disabled people in the Russian Federation.”

More detailed regulation of the quotas provided is carried out by regional legislative documents. Therefore, the preferential categories of workers who are entitled to such places may vary depending on the territory.

How is the number of seats calculated?

The legislation does not establish the exact number of quotas that should be provided for at each enterprise. The exact figure depends on the following factors:

• total number of employees;
• specific subject of the Russian Federation.

The last factor is explained by the fact that the exact establishment of quotas often occurs at the regional level, by consolidating this provision in local legislative acts. In this case, the quota is set at percentage of the total number of employees.

As for the first factor, that is, staffing levels, the relationship is as follows:

• enterprises with fewer than 35 employees should not provide a quota at all;
• companies employing between 35 and 100 people can offer a quota of a maximum of 3% of total number(that is, from one to three people);
• for enterprises with more than 100 employees, the quota is determined by the employer, but within the range of 2-4%.

The employer has the right to hire more employees with preferential benefits than provided by law, but not less.

Local regulations may divide the quota between several categories of workers - for example, 2% for disabled people and 2% for minors.

Realization of the rights of persons with disabilities

It is worth considering that in most cases, disabled people require the organization of special working conditions that correspond to their rehabilitation programs.

The employer must also comply with other legislative guarantees provided for such employees: install special equipment, organize shorter working hours, provide additional free leave, etc.

Quota places for other categories of the population

In addition to people with disabilities, regional regulations may provide the right to receive quotas for other categories of workers. In particular, they may be:

• (aged 14 to 18 years);
• former children from orphanages;
• children from single-parent families;
• single mothers;
• former prisoners who cannot find employment after their release;
• young professionals (i.e. graduates educational institutions with no work experience);
• or pre-retirement age;
• children from single-parent, large or low-income families;
• mothers with small children (up to three years old);
• liquidators of the Chernobyl accident, etc.

It is obvious that representatives of all the categories listed above are either socially unprotected or simply unattractive to employers as employees, for one reason or another. The quota is being introduced precisely to help these applicants earn a living.

As for the number of seats, it differs for each category and is set separately in a specific region, depending on the capabilities local authorities. To obtain information about who exactly belongs to the beneficiaries and in what quantities quotas are provided, you must contact regulations, adopted in certain constituent entities of the Russian Federation.

Employer's liability

Requirements regarding the establishment of quotas apply to all enterprises with appropriate number of employees, regardless of their form of ownership. The employer must provide in his company the required number of places intended specifically for benefit workers.

The creation and consolidation of these places occurs based on the relevant order and changes to the staffing table. In addition, the employer must also issue a local regulation (for example, the Regulation on Quotas) and notify the local employment center about the availability of vacancies.

If these vacancies do not exist or other employees (not on preferential terms) are hired for them, then this is a violation and grounds for bringing the employer to administrative liability. The specific punishment is established by Art. 5.42 of the Code of Administrative Offenses of the Russian Federation and consists of imposing a fine on an official in the amount of 5 to 10 thousand rubles.

An employer can be involved in this only if it does not create the necessary places or refuses employment to benefit recipients who have applied to it.

He is not obliged to look for such workers on his own, so if they did not apply for employment, there are no grounds for punishing the employer.

It is obvious that the creation of quota jobs is important social guarantee for special categories of workers. In some cases, this is their only chance at employment, so this opportunity should not be missed.

For a certain category of citizens, the state has provided for mandatory reservation of jobs. Such places are called quota places. Quota-based workplace: what it is and for what category of citizens it is provided.

What is the essence of quotas?

The essence of quotas is that the company’s management allocates a set number of quotas (jobs) for a category of citizens defined by law. Quotas are the responsibility of the employer. For these purposes, the administration must create a special workplace and allocate it for the employment of persons sent under the quota.

The number of places that the employer must create and allocate according to the quota depends on the number of employees in the company.

Labor Relations in cases of admission under a quota arise on the basis of Art. 16 Labor Code of the Russian Federation. The conclusion of employment contracts occurs after beneficiaries are sent to work by authorized bodies against the allocated quota.

What does a quota workplace mean?

This place is a vacancy, a position specially created and reserved for persons who have a quota.

For what category of citizens?

Law No. 1032-1 of April 19, 1991 on employment defines the main directions of state policy in the field of supporting employment of the population. Activities aimed at helping citizens who may experience difficulties in finding work are also identified. These include:

• disabled people;
• persons released from penal institutions;
• persons of pre-retirement age (these include those who are up to labor pension according to old age there are 2 years left);
• minors (persons aged 14 to 18 years);
• internally displaced persons and refugees;
• large and single parents raising minors or disabled children;
• persons dismissed from military service;
• citizens from 18 to 20 years old with secondary vocational education, job seekers for the first time;
• persons affected by radiation accidents (Chernobyl and other disasters).

By virtue of this law, the state provides additional guarantees persons for whom it is difficult to get a job. Such support is provided, among other things, by establishing a quota for hiring disabled people.

Regional legislation may apply the quota not only to people with disabilities, but also to other persons in need of employment assistance listed above

Quotas for disabled people

Law of November 24, 1995 N 181-FZ on social protection disabled persons imposes on the employer the obligation to:

• develop and approve local regulations that contain information about quota-based jobs;
• create jobs and allocate them for the employment of disabled people.

The average number of employees does not include personnel whose working conditions are classified as dangerous and (or) harmful conditions labor (which must be confirmed by workplace certification or a special assessment).

Public associations of people with disabilities and companies created by them, including societies and business partnerships, are exempt from observance of mandatory quotas if they authorized capital consists of the contribution of this association.

The number of quotas must be established by the legislation of a specific subject of the Russian Federation.

Employment service notification

Employers, in addition to creating jobs, are also required to notify the employment service authorities that the company has fulfilled its duty to set job quotas. According to Part 3 of Article 25 of the Law on Employment, employers are required to send information to these services every month about jobs created under the quota. In addition to information about created jobs, it is necessary to inform about local regulations containing information about quota fulfillment. All this information is provided according to approved forms.

Responsibility

Administrative liability is provided for the company's failure to fulfill the obligation to allocate and create places to work according to the established quota.

According to Art. 5.42 of the Code of Administrative Offenses of the Russian Federation, the fine for such a violation, as well as for refusal to employ a disabled person under a quota, ranges from 5,000 to 10,000 rubles.

Quota jobs (reservation) are a necessary condition the existence of any company with more than 35 employees, regardless of its legal form or type of ownership.

Reference provisions on the meaning of the term “quota workplace”

In today's situation, even a completely healthy adult finds it difficult to find a job. What then can we say about disabled people or young people who have not yet reached eighteen years of age? For them, hiring and getting at least some place to work often becomes a very difficult problem.

To support special social groups with employment and providing them with human conditions of existence, several laws have been adopted. One of the main legislative documents protecting the right to work for vulnerable social groups of the population is the Law of the Russian Federation dated April 19, 1991 N 1032–1, taking into account adjustments dated March 9, 2016 and October 11, 2016 “On employment in Russian Federation».

The main message of this document is the guarantee provided by the state for special quota jobs for certain vulnerable segments of the population. The provisions of this law establish a certain quota of available places for designated groups of citizens, that is, the minimum number of work positions that these enterprises must provide for them.

According to labor legislation, jobs for citizens representing the most vulnerable social groups of the population are reserved in companies with 35 or more employees.

Social categories of citizens for whom job reservations are organized in 2017

The most significant assistance on a nationwide scale in the field of mandatory job reservation is provided to people with disabilities. Exclusively for citizens with disabilities, there is an all-Russian law No. 181-FZ, which obliges employers to make reservations for persons with disabilities. disabilities a certain number of places.

Other groups of the population entitled to reserve jobs are determined at the regional levels. True, until the fifteenth year, such reservation of places on a federal scale was also provided for foreign workers (Law No. 115-FZ of July 25, 2002), but in 2016 changes were made to this law. Article No. 8 of this law, where these quotas were previously issued, in new edition replaced by provisions describing the procedure for applying for a job (Law No. 129-FZ of May 1, 2016).

Thus, at present, in addition to people with disabilities, the following groups of citizens have quota distribution within the boundaries of individual regions:

• minor citizens aged 14 to 18 years;
• orphans;
• former prisoners;
• graduates of closed correctional educational institutions;
• young specialists with primary or secondary vocational education under the age of 20;
• children from single-parent families;
• children from large and low-income families;
• old age pensioners;
• liquidators of the accident at the Chernobyl nuclear power plant;
• single mother.

For all these social strata of the population, except for persons with disabilities, various benefits, including reservation privileges, are provided in different regions in different ways and to varying degrees.

Calculation of jobs subject to reservation

The All-Russian Law “On Social Protection of Persons with Disabilities” strictly regulates the number of places to be reserved for work for persons with disabilities. In accordance with this law, if the average number of employees of an enterprise is from 35 to 100 people, it must provide places for persons with disabilities according to a quota of 3% of the entire workforce.

It follows from this that when an enterprise employs 35 workers, then one place is necessarily reserved for a disabled person, and if there are 70 people on the staffing table, then there should be two such quota places. Accordingly, with 100 employees, three places are left for disabled people.

For companies with more than 100 employees, it is mandatory to reserve places for persons with disabilities in the amount of 2 to 4%. Thus, if an enterprise has even two thousand places, then the law regulates the availability of at least 40–80 places for disabled people and persons equivalent to them.

Quota program

In order to coordinate and monitor compliance with quota standards for people with disabilities and youth, as well as to help enterprises using the labor of people with disabilities, a job quota program has been created.

This program is implemented through regional quota centers. To participate in this program, a company in month period after state registration must register with the regional quota center. In places where there are no specialized quota centers, employment centers deal with issues of accounting for the employment of people with disabilities.

To participate in the program and register at quota centers, the following documents are submitted:

• - a copy of the state registration certificate;
• - copies of the charter / Regulations, constituent agreement (for an association or union) / owner’s decision (for an institution);
• -a copy of the certificate of registration with the tax authority;
• - information letter from state statistics bodies on registration in the Unified State Register of Enterprises and Organizations (USRPO);
• - 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 workers”, 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 seal) .

Every quarter, before the 15th day of the month following the reporting period, the company must submit to the Quota Center a special application in Form No. 1, accumulating information about the status of jobs reserved under the quota. The form of this documentary report on the reservation was approved by the Moscow Public Relations Committee in order No. 137 of 06/08/2005.

Reporting form No. 1 – quotas

Rights of employers in the field of job reservation

Enrollment of a person with a disability or a citizen from another preferential group to a reserved position does not occur automatically. An employee applying for a reserved position must have appropriate professional knowledge and skills. The head of the enterprise has legal basis refuse to provide a reserved place if the applicant does not prove his competence. If a candidate is refused to be hired, the official must inform the quota center about this with a documented explanation of the reason for the refusal.

The second fundamental right in this area is the right to information. The employer exercises this right by making requests to employment centers, quota centers for places for persons with disabilities and any other competent government bodies.

Responsibilities of employers

Within a three-month period from the date of registration of the enterprise, the company must submit lists of reserved jobs for persons with disabilities and other citizens of preferential categories.

Throughout the entire period of activity of the enterprise, accurate and timely data must be submitted to the quota center:

• - on the number and names of jobs reserved under the program - monthly;
• - on the dismissal of employees occupying places reserved under quotas - within five days from the date of dismissal;
• - about all changes in the composition of places booked at the enterprise, including changes in specializations and the required level of professionalism - within ten days from the time these changes were documented;
• - on the liquidation of preferential production positions - within ten days from the date of announcement.

When vacating jobs subject to a quota, the strict obligation of an entrepreneur is to further reserve them for disabled people and other citizens entitled to benefits.

For disabled people and beneficiaries of other categories, the enterprise must provide conditions corresponding to their status as beneficiaries. Sanitary and technical standards are maintained at workplaces, taking into account the rehabilitation program for disabled workers.

The list of conditions for beneficiaries occupying quota places includes the following mandatory standards:

• - for disabled people of the first and second groups, the working day is no more than 35 hours per week. Moreover wage such persons are paid at the usual rate, as for a standard working day;
• - disabled people are not allowed to work at night (from ten o'clock in the evening to six o'clock in the morning). If an employee wants to work at night, he must write a corresponding statement about his voluntary desire to work at night. The employer can satisfy this request if there is no special entry in the medical documents of the disabled person prohibiting him from working at night;
• - special ramps must be installed for wheelchair users;
• - for people with hearing impairments, it is necessary to provide appropriate inscriptions or light displays instead of sound signals;

• - it is necessary to create the opportunity for the mute to communicate in writing or in another way;
• - for workers suffering from dementia or other disabilities intellectual development, it is necessary to provide for constant monitoring and assistance from employees specially assigned for this purpose;
• - for disabled people it is prohibited to work overtime, including on weekends or holidays. If a disabled person still does not want to refuse to work at such a time, then he must write a statement in which he indicates that he agrees to work voluntarily, without coercion from the administration of the enterprise;
• - for disabled people, overtime should not be more than four hours in a two-day period and 120 hours in a year;
• - for disabled people at any time of the year, upon their application, supported by a certificate of health, unpaid sixty-day leave is granted.

Thus, the preferential conditions provided by Articles No. 267, 268 and 270 of the Labor Code of the Russian Federation for minors are as follows:

• - vacation is given for 31 days, regardless of the season;
• - it is prohibited to send on business trips;

• - overtime work is prohibited, as is working at night, on weekends and holidays;
• - for teenagers aged 14 to 16 years, the duration of work is limited to five hours a day and 24 hours a week;
• - for minors aged 16 to 18 years, it is allowed to work no more than seven hours a day and thirty-five hours a week;
• - for boys and girls combining work with study, the working day is provided for no more than 2.5 hours per day for those under 16 years of age and no more than 4 hours per day for those aged from 16 to 18 years;
• - it is prohibited to dismiss workers of this category without approval from the State Labor Inspectorate and the Commission on Minors' Affairs.

The legislation provides certain conditions for labor activity also for other social groups that have the right to apply for the reservation of jobs under a special quota, but these conditions are not as significant and numerous as for the disabled and minors.

Penalties provided for violations in the field of reservation of jobs based on quotas

The Quota Center has the authority to monitor compliance by enterprises with legally established job quotas for disabled people and young people under 18 years of age. As part of such control, the Quota Center conducts periodic audits of the correct maintenance and reliability of available reservation documentation at the enterprise.

If financial or other violations are discovered during such audits, the legislation (Article 5.27 of the Labor Code of the Russian Federation) provides for penalties:

• - administrative penalty for officials in the amount of 5–10 minimum wages;
• - administrative fine for legal entities in the amount of 300–500 minimum wages;
• - suspension of the enterprise’s activities for a period of up to 90 days;
• - disqualification of an official in case of repeated violation for a period of one to three years.

Job quotas for vulnerable groups of the population, which primarily include disabled people and minors, is one of the most difficult problems for employers.

Calculations for the provision of quotas for jobs, Required documents, the procedure and timing of their submission, as well as other aspects of the scope of job quotas require close attention and comprehensive study.

Unemployment of disabled people – serious problem for the state.

In times of crisis, finding a job is not easy even healthy person, and people with disabilities twice as heavy.

Job quotas are intended to solve this problem.

The state obliges organizations employ disabled people, provide them special conditions labor, thereby giving them the opportunity to exercise their sovereign right to work.

Concept

What does a quota for disabled people mean in an enterprise? Quota is workplaces, or rather their number, calculated as a percentage of the average number of employees.

According to the law of the organization are obliged to allocate a certain number of places specifically for .

Does not matter type of activity of the organization, its form of ownership, legal form. Is it a commercial company or government agency– before quotas everyone is equal.

Example

The average headcount of Vyrot LLC from Samara is 220 people. IN Samara region quota size 3% .

220 people * 3% / 100 people = 6.6

It turns out that the company must prepare for the reception of disabled people 7 vacancies.

The organization does not just allocate a workplace. In order for a disabled person to be able to work, it is often necessary completely refurbish it, modify, equip taking into account the impaired functions of the employee.

Very often it is necessary to make changes to the overall interior.

For example, if a wheelchair user is expected to be admitted, you can't do without a ramp.

May need refurbishment toilet, marking in the parking lot etc.

What law governs it?

Regulatory acts There are plenty of measures adopted in the Russian Federation to ensure the right of people with disabilities to work:

• Law of the Russian Federation “On Employment in the Russian Federation” dated April 19, 1991 N 1032-1;
• Federal Law “On Social Protection of Disabled Persons in the Russian Federation” dated November 24, 1995 No. 181 FZ.

But overall the process regulated by regional laws. Each subject of the Russian Federation has adopted its own normative document, where all the features of the region are taken into account and the local quota size is determined.

For example, in the Republic of Bashkortostan there is a “Regulation on establishing a quota for hiring disabled people in the Republic of Belarus.” According to which organizations operating on the territory of Bashkiria take responsibility for job creation rate of 2% from the average number of employees, provided that the number of employees in them more than 35 people.

At the same time, the situation is considered not only organizational matters. It also defines the legal and economic basis for the allocation vacancies.

Difference by region

Federal law determines only minimum and maximum size. And the regions already provide more exact numbers. According to Federal Law No. 181, quota values ​​may fluctuate from 2 to 4% and are established for organizations where the average number of employees is more than 100 people.

Regional laws determine the actual size for all existing organizations that meet the requirements by number of employees.

In many regions it is installed minimum quota– 2% (Moscow, Murmansk region). Maximum value at 4% is not so common. It can be found in the Rostov region, the Republic of Crimea.

Regional legislation also prescribes all procedure for establishing quotas for organizations.

Provides information needed when arrangement special workplace.

Peculiarities

The quota process takes place on the basis of an agreement between social protection authorities and employers. All organizations whose number of employees are required to conclude such an agreement are: more than 100.

The employer must take into account that when setting a quota, the value is not taken from staffing table, and according to the indicator average number. That is, only actually working people are taken into account, and not supposed positions.

After signing the agreement, he publishes it, indicating in it the number of reserved places for disabled people and listing specific positions, specialties. Quota is set once a year. When the number of employees changes, its value is revised.

The peculiarity of quotas is that a specific workplace has been prepared especially for disabled people, and should not be offered to anyone else.

Example

In an organization, several employees fall on. By law they are required to offer all available free places equivalent or lower than their qualifications. There are just no vacant places for, except for positions created for disabled people under a quota. But his organization cannot offer it unless he is disabled.

The reality in our country is that the burden of quotas is mainly borne by large organizations. The middle one, more often the small one, is exempt from it. Since it is believed that setting quotas is strongly will increase the financial burden on them and may even lead to .

But this approach infringes on the rights of people with disabilities. A number of regions have found a unique way out of the situation. Organizations that are not able to independently equip a vacant position, but at the same time are obliged to comply with the quota norm, were offered rent workspaces at the large one.

Both the economic interests of the employer and labor law disabled person.

Cases have been identified where several organizations unite in order to create specialized places for people with disabilities.

Stands out one workshop or area, where disabled people from several institutions will work at once.

Financing is proportional, respectively, cash investments for the organization not so burdensome.

Issue of the act

Until 2013, employers were only required to create jobs in accordance with the quota. With changes in legislation, their responsibilities have increased. Now the organization must host local regulations, which contain information about jobs.

The law does not prescribe exactly what acts the employer must create, leaving it to within the competence of the manager organizations. In each specific case, a decision is made - to develop new acts or to supplement the previous provisions on quotas with new information.

Place registration

The employer constantly keeps records of vacant and occupied places. Information must be updated when sanitary conditions change, qualification requirements or when other changes occur.

Employment service notification

Each organization for which a quota is defined must report to the employment center about created places, allocated positions. Frequency of reporting once a month, in some regions once a quarter.

It is also necessary to send information on adopted local regulations, which contain information about the number of places, for which professions they were created, and the class of severity, intensity, and harmfulness is described.

But what employment centers are most interested in is information o meeting the quota, that is, how many disabled people were actually employed during the reporting period.

If no vacancies are found in the organization during the reporting period, you should not remain idle.

Better send notification about their absence.

Since in case of failure to provide information, its distortion, failure to fulfill the quota, the employment service has the right to come with an inspection or send to GIT complaint to the employer.

Responsibility for providing information

Providing jobs for people with disabilities is responsibility of organizations. A manager can be subject to administrative punishment if on his part evasion detected from fulfilling the standards:

1. When failure to provide information, in case of late submission of information, a fine of up to 5 thousand.
2. Non-compliance established quota - up to 10 thousand.
3. Unlawful refusal to a disabled person who wants to get a job within the quota - up to 10 thousand.

What disabled people experience special difficulties in the job search process is clear to everyone. The state strives to help overcome obstacles by establishing quotas, obliging organizations employ people with disabilities.

A quota alone does not solve all problems, even if institutions fulfill the requirements in good faith employment services. The fact is that the organization is obliged to create a workplace, and not to search for employees for vacant positions.

It turns out that there is a place, but actually on it no one toil. The employment center should look for disabled workers; this is not the employer’s task.

CITIES OF MOSCOW

About job quotas

Document with changes made:
(Bulletin of the Mayor and Government of Moscow, N 24, Volume 1, 04/28/2009);
(Official website of the Moscow City Duma www.duma.mos.ru, 05/19/2014).
____________________________________________________________________

This Law establishes the legal, economic and organizational basis for quotas of jobs in the city of Moscow for hiring people with disabilities and youth, creating and maintaining (modernizing) special jobs for people with disabilities, creating jobs for youth, as well as ensuring unhindered access for people with disabilities to jobs and infrastructure of organizations (preamble as amended, put into effect on May 9, 2009 by Moscow City Law No. 4 of April 8, 2009.

Article 1. Legal basis for job quotas in the city of Moscow

Quotas for jobs in the city of Moscow are carried out on the basis of the Constitution of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, the Charter of the City of Moscow, this Law and other legal acts of the city of Moscow.

Article 2. Conditions for quotas for jobs

1. Job quotas are carried out for disabled people recognized as such by federal institutions medical and social examination, in the manner and under the conditions established by the Government of the Russian Federation, and youth of the following categories: minors aged 14 to 18 years; persons from among orphans and children left without parental care, under the age of 23; graduates of primary and secondary institutions vocational education aged from 18 to 24 years, higher professional education aged from 21 to 26 years, looking for work for the first time by Moscow City Law No. 4 of April 8, 2009.

2. Employers, regardless of 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 whose authorized (share) capital consists of a contribution public association disabled people organize quota-based jobs in Moscow at their own expense.

3. The fulfillment of the hiring quota (hereinafter referred to as the quota) is considered to be:

1) in relation to disabled people - employment by the employer of disabled people who have recommendations for work, confirmed by the conclusion employment contract, which was valid for at least 15 days in the current month;

2) 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-based workplace in the amount of subsistence the minimum for the working 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.
(Part as amended, put into effect on May 9, 2009 by Moscow City Law dated April 8, 2009 No. 4

Article 3. Procedure for establishing a quota

1. Employers operating in the city of Moscow, whose average number of employees is more than 100 people, are set a quota of 4 percent of the average number of employees: 2 percent - for the employment of disabled people and 2 percent - for the employment of categories of youth specified in part 1 of Article 2 of this Law (as amended, entered into force on May 9, 2009 by the Law of the City of Moscow dated April 8, 2009 No. 4.

2. The employer independently calculates the size of the quota based on the average number of employees employed in the city of Moscow. The average number of employees in the current month is calculated in the manner determined federal body executive power authorized in the field of statistics. When calculating the number of workers employed under the quota, their number is rounded down to the whole number.

3. If the number of disabled people hired for quota jobs is more than 2 percent of the average number of workers, the number of quota jobs for the categories of youth specified in Part 1 of Article 2 of this Law is reduced by the corresponding amount (as amended, entered into force on May 9, 2009 by Moscow City Law of April 8, 2009 No. 4.

Article 4. Implementation of the rights and obligations of employers

1. Employers have the right to request and receive, in the manner established by the Moscow Government, information necessary when creating quota jobs.
(Part as amended, put into effect on May 9, 2009 by the Moscow City Law of April 8, 2009 N 4, by the Moscow City Law of April 30, 2014 N 20.

2. Employers, in accordance with the established quota, are obliged to create or allocate jobs for the employment of disabled people and categories of youth specified in Part 1 of Article 2 of this Law. Jobs are considered created (allocated) if citizens of the specified categories are employed in them (part as amended, put into effect on May 9, 2009 by Moscow City Law of April 8, 2009 No. 4.

3. Employment of citizens against the established quota is carried out by employers independently, taking into account proposals from the executive authorities of the city of Moscow authorized by the Moscow Government, as well as public organizations disabled people.
(Part as amended by the Law of the City of Moscow dated April 8, 2009 No. 4; as amended by the Law of the City of Moscow dated April 30, 2014 No. 20.

4. Employers that meet the requirements of Part 1 of Article 3 of this Law are required to submit quarterly information on the fulfillment of the quota in the manner established by the Moscow Government.
(Part as amended, put into effect on May 30, 2014 by Moscow City Law No. 20 dated April 30, 2014.

Article 5. Administrative liability for failure to comply with this Law

Failure by the employer to fulfill the obligation established by this Law to create or allocate quota jobs entails administrative liability in accordance with the Moscow City Code of Administrative Offenses (article as amended, put into effect on May 9, 2009 by the Moscow City Law of April 8, 2009 No. 4.

Article 6. Economic support for employers

Employers carrying out measures to create and maintain (modernize) quota jobs, as well as to ensure unhindered access for people with disabilities to workplaces and the infrastructure of organizations, are provided with the following measures economic support:

1) provision of funds from the budget of the city of Moscow for the implementation of measures to create, preserve (modernize) jobs for people with disabilities, create jobs for youth, ensure unhindered access of people with disabilities to jobs and the infrastructure of organizations in the manner established by the Moscow Government;

2) placement of government orders in the manner established federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the city of Moscow;

3) provision tax benefits in accordance with federal laws and laws of the city of Moscow.
(Clause as amended, put into effect on May 30, 2014 by Moscow City Law No. 20 dated April 30, 2014.
(Article as amended, put into effect on May 9, 2009 by Moscow City Law of April 8, 2009 No. 4

Article 7. Final provisions

1. This Law comes into force 10 days after its official publication.

2. This Law applies to legal relations that arose from January 1, 2005.

3. The Mayor of Moscow and the Moscow Government shall bring their regulatory legal acts into compliance with this Law within two months from the date of its entry into force.

4. Recognize Moscow City Law No. 47 of November 12, 1997 “On quotas for jobs in the city of Moscow” and Moscow City Law No. 32 of June 26, 2002 “On introducing amendments and additions to the Moscow City Law of November 12, 1997” as no longer in force N 47 "On quotas for jobs in the city of Moscow".

Mayor of Moscow
Yu. Luzhkov

Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"