As of 1 January 2014, new procedures take effect for companies
calculating their hiring quotas for disabled employees. Now, the company
headcount used to determine this quota will no longer include employees
whose working conditions are hazardous and/or dangerous.
Implications for employers
These changes are particularly important for manufacturing enterprises,
where significant numbers of employees work at jobs whose conditions are
certified as hazardous. At these companies, the hiring quota for disabled
workers has been high because of the large overall number of employees.
These employers had no way to actually employ the required number of
disabled hirees, since disabled persons are not allowed to work at jobs
defined as hazardous and/or dangerous. It was impossible for the
employers to create the requisite number of jobs not directly connected to
the manufacturing process. Now, these contradictions have been resolved.
The changes in the rules will allow many enterprises to recalculate their
hiring quotas for disabled persons, and comply with all legislation
governing such quotas.
What the law says
On 28 December 2013, Federal law No. 421-FZ “On changes to several
legislative acts of the Russian Federation regarding the passing of the
Federal law ‘On special assessment of working conditions’” was approved,
and entered into force on 1 January 2014. This law introduces changes to
Article 21 of Federal law No. 181-FZ “On the social protection of disabled
persons in the Russian Federation,” which provides for workplace quotas
for the hiring of disabled employees.
These recent amendments affect procedures to be used when calculating
hiring quotas for disabled workers. According to the changes, when a
company calculates its hiring quota for disabled persons, the company
headcount should not include employees whose working conditions are
classified as hazardous and/or dangerous, based on either an attestation
of a company’s work places, or on a special assessment of work
Actions to consider
For more information please contact:
Baker & McKenzie —
White Gardens, 10th Floor
9 Lesnaya Street
Moscow 125047, Russia
Tel.: +7 495 787 27 00
Fax: +7 495 787 27 01
BolloevCenter, 2nd Floor
4a Grivtsova Lane
St. Petersburg 190000, Russia
Tel.: +7 812 303 90 00
Fax: +7 812 325 60 13 Labor & Migration
2 Legal Alert l January 2014
Employers who must adhere to hiring quotas for disabled
employees, and whose business activities, based on an attestation
of work places, include jobs that have hazardous and/or
dangerous work conditions, beginning 1 January 2014 are
required to recalculate their hiring quotas for disabled employees.
If necessary, employers should adopt new local employer’s acts
that contain information on the creation or the special designation
of work places for disabled employees, and should remove all
“extra” vacancies from the staffing schedule.
Information for January 2014 showing the company’s fulfillment of
their hiring quota for disabled employees, and taking into account
the new procedures for calculating this quota, should be submitted
to the employment services in February 2014.
This LEGAL ALERT is issued to inform clients of Baker & McKenzie and
other interested parties of legal developments that may affect them or
otherwise be of interest to them. The comments above do not constitute
legal or other advice and should not be regarded as a substitute for
specific advice in individual cases.