Table of contents:
- How can you work
- Where to look for work
- Will payments and benefits continue if a person with a disability has income?
2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44
About quotas, additional rights and benefits from the state.
How can you work
Under an employment contract
There are no specific restrictions in the legislation for hiring people with disabilities. Moreover, there are quotas: organizations with more than 100 people should have from 2 to 4% of such employees, and with a staff of 35 to 100 people, the quota should not exceed 3%.
There is also no list of prohibited jobs. An individual approach is practiced here.
Olga Shirokova Leading Lawyer, European Legal Service
Restrictions on working conditions and recommendations as to which work is contraindicated are contained in the applicant's medical documents. These can be certificates of disability, an individual rehabilitation program. The employer independently determines on the basis of medical documents what an employee can do.
Accordingly, the employer needs to exclude work duties that are contraindicated for a particular person. Also, the manager has the right to refuse an applicant with a disability in admission to a position that, in general, does not suit him because of his health condition.
At work, these team members have additional rights:
- The maximum duration of a working week for disabled people of groups I and II is 35 hours. In this case, the salary is retained in full, without deducting the missing 5 hours. For group III, the working week, as usual, does not exceed 40 hours.
- Persons with disabilities can be involved in overtime tasks, night and weekend activities in the absence of contraindications and only with the written consent of the employee himself.
- The annual paid leave for a person with a disability is 30 days. Additionally, you can take up to 60 days at your own expense.
In addition, the company must equip the workplace in accordance with the requirements for working conditions for people with disabilities.
For example, for a hearing-impaired person, it is necessary to equip the workplace with visual indicators that convert sound signals into light signals, and speech signals into a text crawl line.
Olga Shirokova
Under a civil law contract (GPC)
A GPC agreement is an agreement under which one-time services are provided or one-time works are performed. Within its framework, not work is paid, but a specific result. Such agreements are regulated by the Civil Code, so it does not provide for any rights guaranteed by an employment contract (including additional ones). And therefore, when concluding a GPC, it is only the readiness of the contractor to do the work on time, stipulated by the document, that matters. A person with a disability himself assesses whether he is capable of specific work, and no additional obligations are imposed on the one who is the employer.
As self-employed
In 2018, Russia introduced a tax on professional income (NPT). It is possible to register as self-employed and officially perform services and work. In cooperation with individuals, the amount of deductions will be 4%, with companies - 6%. Compared to the standard tax on personal income of 13%, the NPA looks quite profitable.
Since July 1, 2020, the tax on professional income has been in effect almost throughout the country, but the final decision to join this experiment is made by each region independently. There are no restrictions for people with disabilities here, so this is one of the ways to legally work and make a profit.
As an individual entrepreneur
There are also no restrictions for people with disabilities. If you feel strong enough, register as an individual entrepreneur and work.
Where to look for work
In employment centers
Often not the most attractive vacancies are presented there, but these institutions should not be discounted. In addition, they can send for retraining. This is relevant if the state of health no longer allows a person to do what he used to do and he needs a new profession.
On special sites
There are many resources with vacancies: websites, Telegram channels, groups on social networks, freelance exchanges. The life hacker has compiled a large list of sites for finding remote work, but there you can find other options for cooperation.
Through friends
Recommendations are of great importance in employment, so it is worth using social resources. The easiest way to use social networks for this is to write a post and ask your friends to share. Chances are that the job will find a job seeker itself.
Will payments and benefits continue if a person with a disability has income?
The worker will not be deprived of payments and benefits. But there is a nuance.
If a citizen received a social supplement to his pension up to the subsistence level, then when he goes to work, he is obliged to notify the Pension Fund of this. Accordingly, he will temporarily lose the right to receive these funds.
Olga Shirokova
According to the state, a working person is able to provide himself with an income not lower than the subsistence level. In addition, the indexation of the disability insurance pension is suspended for the period of employment. Prior to dismissal, a citizen will receive as much as he received during employment. But if you lose your job, your pension will be recalculated taking into account all indexations.
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