Russia: Proposal to fine employers who do not fulfil disability quota
Ministry of Labour proposal to fine employers for failure to comply with employment quotas for people with disabilities
A draft law that amends the Russian Federation Code on Administrative Offences has been submitted for public discussion.
The Ministry has recommended making changes to employment law that considers the employment quota for people with disabilities to have been achieved only after actual employment and not because such jobs have been created on a staff register.
In order to strengthen implementation of the legislation, the Ministry has prepared and submitted relevant amendments to the Code on Administrative Offences for public discussion. The penalty for officials and individual entrepreneurs will be an administrative fine of 5-10,000 roubles.
The size of the quota is currently determined by regional legislation, taking account of the situation in the labour market:
- If the number of employees is more than 100 – two to four percent of the average number of staff;
- If the number of employees is between 35 and 100 – no more than three percent.
The average number of employees does not include those whose working environment is considered harmful and (or) dangerous, based on the results of a special assessment of their employment conditions.
If an employer is unable to employ a disabled person in their own company, he/she will have the right to do so in another firm under the revised law. That is, an employer can finance the creation of jobs in another organisation in order to meet his/her quota.
In June 2021, the Russian President signed a law that amended legislation on “Employment of the Russian Federation Population” and on the “Social Protection of People with Disabilities in the Russian Federation”. It creates a single digital platform that will offer employment advice in the same way as that provided by job centres.
Public discussion of the amendments to the Bill will continue until 1 November.