Changes in the rules for employment quotas for people with disabilities and liability for violation

Changes in the rules for employment quotas for people with disabilities and liability for violation

New rules on job quotas for people with disabilities are in effect from September 1, 2024. Employers with more than 35 employees are required to employ people with disabilities within a quota of 2% to 4% of the average number of employees.

The specific size of the quota is established by the legislation of the subject of the Russian Federation. For example, in Moscow, a quota of 2% is set for organizations with more than 100 employees.

The number of employees hired within the quota must be calculated quarterly, before the 10th day of the month following the reporting quarter.

Please note that from November 20, 2024, administrative responsibility for non-fulfillment by employer of the obligation to fulfill the quota for hiring disabled people, as well as for the employer’s refusal to hire a disabled person within the quota, will be increased.

If previously only officials were punished for these violations by imposing a fine of 5,000 to 10,000 rubles, now the fine will be increased and will be from 20,000 to 30,000 rubles. In addition, individual entrepreneurs and legal entities will also be subject to liability, for which a fine of 30,000 to 50,000 rubles and 50,000 to 100,000 rubles, respectively, has been imposed.

At the same time, a list of cases has been established that exempt an employer from fulfilling the quota, including the case of absence from the employment service of persons with disabilities who meet the requirements for vacancies.

It should be noted that employers also have other responsibilities as part of the implementation of measures to ensure the employment of people with disabilities. In particular, it is necessary to inform the employment service on a monthly basis about the fulfillment of the quota for the disabled no later than the 10th day of the month following the reporting one.

Documents: Federal Law No. 565-FZ dated 12.12.2023 “On Employment of the Population in the Russian Federation”, Rules for the fulfillment by the employer of the quota for the employment of persons with disabilities, approved by Decree of the Government of the Russian Federation No. 709 dated 30.05.2024, Federal Law No. 382-FZ dated 09.11.2024 “On Amendments to Article 5.42 of the Code of Administrative Offences of the Russian Federation”.

Author: Natalya Kurkova, Senior Laywer, Marillion

 

Marillion legal advisory team is always ready to assist clients on various issues of labor legislation in more detail, as well as to provide practical support for various procedures within the framework of labor legislation.

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