Specially created working conditions for disabled people. Labor dispute: individual and collective. Working conditions of disabled people and working hours

The agreement on consumer lending, which describes the parameters of the issued loan, regulates the relationship between the parties - the borrower and the lender. The conclusion of an agreement when issuing money on a returnable basis is mandatory, regardless of whether the creditor is a bank or another credit company.

The reasons for the changes in legislation were discrepancies and contradictions in individual legislative acts regulating the activities of numerous credit institutions and non-bank structures engaged in consumer lending, as well as numerous violations.
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According to the law on consumer credit, this area has been supplemented with numerous innovations concerning the characteristics of loans for personal (non-business) purposes, the method of calculating the cost of loans and determining the amount of fines, requirements for registration and the text of the agreement.

In the text of the loan agreement, general (for repeated use) and individual conditions should be reflected in the approved form.

The amendments affect all organizations operating in the field of issuing credit funds, which include banks, microcredit financial organizations, cooperatives and private lenders.

General and individual conditions

The general terms of the agreement, established by the granting party by a unilateral decision and intended for repeated use, include the following:

the name of the creditor organization and its details (address, contact numbers, official website, license (bank) number, registration data (for pawnshops, MFOs) or participation in an SRO (for PCs);
requirements for clients and a list of documents for considering a loan application and making a positive decision;
the type of loan, the amount and currency of the loan, the repayment period and method of obtaining funds by the borrower, interest rates and other payments on the loan, the concept of the full cost (loan), an explanation that the loan costs are subject to adjustment when the exchange rate or rate changes;
frequency of loan repayment, terms and options;
responsibility for failure to fulfill obligations to repay the loan in accordance with the concluded agreement;
additional information on contracts to be signed, except for consumer lending, on the impossibility of assigning the right to claim a debt, on the possibility of judicial challenging of the creditor's requests.

By mutual agreement of the parties (lender and client), in the text of the agreement, the individual terms of the consumer loan agreement are highlighted in a separate clause:

the total expression and currency of the loan (including the credit limit), the interest rate, the duration of the contract and the repayment of the loan, the method of determining the exchange rate (for a foreign currency loan);
information about payments, the procedure for changing them, options for making at the place of residence of the client;
data on other contracts to be signed by the parties;
description of the collateral and requirements for it (if necessary);
cost of additional services;
ways of contact between the parties to the agreement (client and creditor).

Individual conditions are prioritized over general agreements. Adjustment of the individual conditions of one of the parties to the agreement is not possible.

The lender has the opportunity to change the general terms of the agreement in cases where they do not lead to an increase in the current rates and the emergence of new obligations for the client.

The borrower has the opportunity to change the general conditions by unilateral decision only in court, the claim is subject to satisfaction if the new requirements lower the liability of the credit company.

Requirements for individual conditions under the new law

The instruction of the Central Bank of Russia (2014) defines the individual conditions of the loan (consumer) and the tabular form of their presentation.

The table includes 3 columns: number (№), condition, its text.

Excluding or skipping lines is not allowed. If the parties do not agree on information on any point, a note about absence is put in the corresponding position.

If it is necessary to enter additionally agreed parameters, the table is supplemented with the corresponding number of lines with the continuation of the numbering order. If the table does not fit on one page, the lines placed on the following pages are accompanied by a repeated heading and subheadings.

Particular attention is paid to the placement of the concept of the total cost of the loan. The right corner at the top of the first page of the agreement is fixed as its location (selection with a frame), the occupied area is provided for at least 5% of the page.

After the conclusion of the loan agreement, the borrower must be provided with data on the amount of the current debt, the frequency of the amount of forthcoming payments.

conclusions

The norms of the law contribute to bringing to uniform forms and requirements of consumer lending services provided by various organizations, including companies with different types of ownership.

Such unification and the adopted individual terms of the consumer credit (loan) agreement provide convenience to potential borrowers when choosing a company and servicing a loan and for state supervisory authorities when performing control and inspections of activities.

3.5.3. Determination of the indicated and contraindicated types of professional activities for the disabled.

When determining the indicated and contraindicated types of activities (professions) for the disabled, it is necessary to be guided by the attribution of their working conditions to certain classes according to the degree of hazard and danger in accordance with Guideline R 2.2.2006-05.

To determine harmful and dangerous production factors and work, specialists - doctors of the bureau should be guided by the following documents, in which they are listed:

1) Decree of the Government of the Russian Federation of July 18, 2002 No. 537;

2) Resolution of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10 with additions and amendments dated March 24, 2000;

3) Order of the Ministry of Health and Medical Industry of the Russian Federation of March 14, 1996 No. 90 "On the procedure for conducting preliminary and periodic medical examinations of workers and medical regulations for admission to the profession" (as amended by orders of the Ministry of Health of the Russian Federation No. 344 of September 11, 2000, No. 23);

4) order of the Ministry of Health and Social Development of the Russian Federation from16.08.2004 № 83 "On approval of the lists of harmful and (or) hazardous production factors and work, during the performance of which preliminary and periodic medical examinations (examinations) and the procedure for conducting these examinations (examinations) are carried out"(as amended by order of 16.05.2005 No. 338).

The indicated and contraindicated working conditions common for all disabled persons are set out in the decree of the Chief State Sanitary Doctor of the Russian Federation dated 05/18/2009 No. 30, which approved “Hygienic requirements for working conditions for disabled people. Sanitary rules SP 2.2.9.2510-09 "(hereinafter - Sanitary rules SP 2.2.92510-09). According to the Sanitary Rules, in general, the ability of disabled people to work is limited mainly by optimal and accessible conditions, i.e. work in working conditions of 1 and 2 classes; in some cases 3.1 classes. Naturally, in each specific case, "labor recommendations" on working conditions are determined by the above (harmful and dangerous) factors. In point 3.5 ... the obligations of the employer are formulated to create the necessary working conditions and work regime in accordance with the current legislation and the IRP of a disabled person, which correspond to Article 224 of the Labor Code of the Russian Federation. IN p.p. 4.1., 4.2., 4.3. section 4 SP 2.2.92510-09 formulated general requirements for shown and contraindicated working conditions for the employment of people with disabilities and special jobs for people with disabilities. So , a special workplace for a disabled person (p.4.1 .) must ensure labor safety, work with minor or moderate physical, dynamic and static, intellectual, sensory, emotional stress (1 and 2cl.), exclude the possibility of deterioration of health or injury of a disabled person.

The same document also formulates the requirements for the organization of work at specialized enterprises for people with disabilities with pulmonary tuberculosis, diseases of the cardiovascular, nervous systems, neuropsychiatric diseases; diseases of the organ of vision and hearing organs.

Working conditions at workplaces of disabled persons must comply with the disabled person's IPR.

3.5.3.1. General characteristics of working conditions indicated for the employment of disabled persons (clause 4.3.):

1. Optimal and permissible sanitary and hygienic conditions of the working environment (class 1 and 2) in terms of physical (noise, vibration, infrasound, electromagnetic radiation, dust, microclimate), chemical (dustiness, air pollution of the working area with harmful substances, substances - allergens, aerosols and others) and biological (microorganisms, including pathogenic, protein drugs) factors, i.e. are absent or do not exceed the MPL and MPC (see clause 3.5.2.);

2. Work with light (grade 1) or medium (grade 2) physical, dynamic and static load; in some cases - with a pronounced (heavy) physical, dynamic and static load (class 3.1) (see clause 3.5.2.);

3. Work mainly in a free, comfortable position, sitting, with the possibility of changing the working position of the body - sitting, standing (1 and 2kl.); in some cases - standing or with the ability to walk (see section 3.5.1.);

4. Workplace that meets ergonomic requirements;

5. Work not associated with significant displacements (transitions) (1st and 2nd class) (see clause 3.5.1.);

6. Work is predominantly one-shift (two-shift) without a night shift (1 and 2cl.), With a working day of 6-7 hours (1cl.) And no more than 8-9 hours (2cl.);

7. Work characterized by a mild degree (grade 1), an average degree (grade 2), in some cases - a pronounced degree (grade 3.1) of tension (intellectual, sensory-emotional stress, without risk to life and responsibility for the safety of others) (see . item 3.5.1.);

8. Work without pronounced monotony of loads (classes 1,2) (see section 3.5.1.).

3.5.3.2 General characteristics of working conditions contraindicated for the employment of disabled persons (clause 4.2):

Contraindicated for the employment of disabled people are working conditions characterized by the presence of harmful production factors that exceed hygienic standards and have an adverse effect on the body of the worker and / or his offspring (3rd class), and working conditions, the impact of which during the work shift (or part of it) ) poses a threat to life, a high risk of severe forms of acute occupational injuries (grade 4), see clause 3.5.2;
Exposure to increased levels of physical factors (noise, vibration, electromagnetic radiation, static electricity; unfavorable microclimate, low illumination, etc.), chemical factors (dustiness, air pollution of the working area with harmful substances, substances - allergens, aerosols and other toxic substances), biological factors (pathogenic microorganisms and products of their vital activity);
Significantly expressed (hard physical labor) constant physical, dynamic and static loads during lifting and moving, holding weights (class 3.2);
Work mainly in forced positions, mainly standing, without changing the working position; long walking (more than 8 km) (grade 3.2);
Regulated set pace of work;
Pronounced monotony of work;
Expressed (hard work) neuropsychic stress (sensory, intellectual and emotional) (3rd grade);
Night shift work with extended working days (3rd grade);
Work in extreme conditions, at height, with an increased risk to life.

An individual approach in determining contraindications and choosing the types of work (professions) for a disabled person is mainly due to the specificity of the disease and medical contraindications, which cause restrictions on the ability to work, restrictions on life.

3.5.4.1. Labor recommendation is based on a comprehensive assessment of medical, psychological, social and occupational factors. 1.Under medical factors I mean the diagnosis, the clinical form of the main and concomitant diseases, the nature and severity of the impaired functions, the stage, course and prognosis of diseases, the compensatory capabilities of the organism. 2.K psychological factors include gender, age, attitude of a disabled person to work, attitude to their profession, range of interests, psychological microclimate in the family, at work, personality changes after the onset of disability, change in the prevailing stereotype, violation of the system of habitual social relations. 3. These factors determine the rehabilitation potential of a disabled person, which is assessed as high, medium, low. 4. To social and professional factors include: education, vocational route, main profession (position, specialty), qualifications, wages, nature and working conditions (data of workplace certification, production characteristics, etc.), safety of professional skills, place of residence, family and household status. 5.The above factors characterize Labor potential of a disabled person, which is assessed as high, medium, low, absence, according to the relevant aspects of clauses 3.1.2. - 3.1.3.

When examining and forming individual "labor recommendations", the bureau's specialists should proceed from the specifics of the main profession and the work performed (specialty, position) or from similar types of professions to continue working or retraining (training), focusing on those specified in clauses 3.3.5 - 3.3.5.1, 3.5.1. - 3.5.3.2. basic regulatory and other legal documents, incl. Order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1013n., since comparing the main profession of a disabled person with his disabling disease and the severity of body dysfunction caused by it, individual (medical) contraindications and indications for labor professional activity (profession (s) and individual OSTD) are determined.

Since “labor recommendations” must meet the basic requirements of the employment of disabled people: work must correspond to the functional capabilities of the disabled person (retained functions), taking into account his professional skills, special and general education, personal inclinations, attitude to work, they are determined by his rehabilitation and labor potential. Thus, with a low rehabilitation potential and a lack of labor potential, “labor recommendations” for a disabled person are not formed in the IPR.

When establishing OSTD 1st degree, a disabled person is able to work in normal working conditions, which implies performing work in ordinary workplaces together and on an equal basis with healthy workers. In normal working conditions, a disabled person can continue to work:

Maintaining fitness for work in this profession;

Possibilities for eliminating contraindicated factors (medical contraindications) in work by reducing the volume of work - by 0.5, 0.75 rates, providing an incomplete working week - 35 hours or work predominantly one-shift (two-shift) without a night shift, with a working day of 6-7 hours ... and no more than 8 - 9 hours; additional movements within the framework of the previous professional activity, etc.), entailing the need to reduce the volume of work by more than 2 times, a decrease in qualifications by more than 1 category, a decrease in the severity and intensity of the labor process by more than 1 class.

B) in other professions with a decrease in qualifications, provided:

The preservation of psychophysiological functions and qualities necessary for working in other types of professional activity in full;

Opportunities for the selection of professions that are harmless and safe to continue working in normal conditions.

When establishing OSTD 2nd degree, a disabled person is not able to work in normal working conditions, but retains his ability to work in specially created conditions in the following cases:

In the absence of medical contraindications for performing light and harmless and safe types of work (1, less often 2 classes in terms of working conditions), provided they are performed in a mode of reduced working hours;

Partial preservation of professionally significant functions;

Possibilities of partial or complete compensation for lost professionally significant functions with the help of auxiliary technical means (for example, typhlotechnical, audiological), ergonomic adaptation of the workplace, adaptation of the technological process to the peculiarities of the pathology of a disabled person, as well as with the help of other persons.

In specially created working conditions, people with disabilities can continue to work in their main profession, in professions with the use of professionally significant knowledge and skills, in other professions.

The definition of "specially created working conditions" is generalizing and it is illegal to replicate it in labor recommendations: "can perform work in specially created conditions", since its content is disclosed in paragraph 12 of the Rules for establishing the degree of loss of professional ability to work as a result of industrial accidents and occupational diseases approved by Decree of the Government of the Russian Federation of October 16, 2000 No. 789 (see clause 3.3.5.), therefore it always requires specification (detailed in the line "Production adaptation" (see clause 3.4):

Individual change of work schedule, shorter working hours (protection by time);

Reduction of the volume of labor and / or the establishment of an individual production rate;

Providing additional work breaks;

Changing the nature of work for a specific person (changing job descriptions, the possibility of partial performance of work at home;

Creation of appropriate sanitary and hygienic conditions;

Equipping a workplace at the enterprise with special technical means;

The ability to provide medical care at the enterprise;

Organization of employee delivery to the workplace;

Organization of a workplace at home;

The ability to provide ongoing or periodic assistance to others.

Creation of specially created conditions, incl. a special workplace (see 3.3.5.1. article 22 of the Law) at the enterprise must be carried out in accordance with the requirements of the Sanitary Regulations SP 2.2.9.2510-09. The creation of a special workplace (SRM) at the enterprise may include:

Use of special devices for equipment control and maintenance;

Application of specially designed hand tools;

Location of equipment controls, technological and organizational equipment, workpieces to be processed at the workplace within reach;

Allocation of additional areas that provide the possibility of access, turning at the workplace and performing work in a wheelchair;

Equipping equipment and furniture at the workplace with indicators (visual, acoustic, tactile).

However, not all disabled people with OSTD of the 2nd degree simultaneously need all of the listed activities that determine the content of "specially created conditions", their specificity is determined by the disabling disease and the severity of the dysfunction of the body. Most people with disabilities due to diseases of internal organs, including malignant neoplasms, or with mental disorders, need to change their work schedule and reduce the volume of work. Some people with disabilities with pathology of the musculoskeletal system (ODA), while maintaining the mode and volume of work, require CPM equipment with ensuring their delivery or organization of a workplace at home ("disabled people - wheelchair users"). The assistance of other persons in the performance of work is required mainly for persons with disabilities with mental pathology or with severe motor impairments. The main part of the visually impaired, while maintaining the regime and volume of work, requires SRM equipment with ensuring their delivery or the organization of a workplace at home (with a high degree of low vision and blindness). The same applies to some people with hearing impairment (deaf and deaf-mute) (see paragraphs 3.3.5.1 - 3. 3. 5 3).

An indication in the "labor recommendations" of the need to create a special workplace or the possibility of working in specially created conditions at the enterprise, incl. specialized, using the labor of disabled people, requires clarification of the specific working conditions, which can be used as a reference to the relevant sections and paragraphs of the Sanitary Rules SP 2.2.9.2510-09, tk. Currently, joint ventures apply to all sectors of economic activity, enterprises, institutions and organizations of all forms of ownership, regardless of the scope of economic activity and departmental subordination, in which the work of disabled people is used. The Sanitary Rules of SP 2.2.9.2510-09 set out special requirements for the organization of production for the work of disabled people, incl. specially created workplaces (in clauses 4.4. - 4.21. section 4) and special working conditions (in clauses 6) of disabled people depending on disabling diseases (disability):

6.1. (pp. 6.1.2. - 6.1.21.) Pulmonary tuberculosis;

6.2. (pp. 6.2.1. - 6.2.5.) Cardiovascular and other somatic diseases;

6.3. (pp. 6.3.1. - 6.3.7.) Neuropsychiatric diseases, incl. (pp. 6.3.8.1. - 6.3.8.11.) mental illness, (pp. 6.3.9.1. - 6.3.9.6.) diseases of the nervous system;

6.4. (pp. 6.4.1. - 6.4.12.) Diseases of the organs of vision;

6.5. (pp 6.5.1. - 6.5.2.) Diseases of the hearing organs;

p. 4.4. - 4.8. Diseases of the musculoskeletal system.

The above legal documents and the principles of professional expert and rehabilitation diagnostics based on them form an individual “labor recommendation”. The contraindications and restrictions in work indicated during the examination and in the "labor recommendations" must correspond to the nature and severity of the pathological process, the degree of impairment of body functions, as well as the sanitary and hygienic characteristics of the type (profession) of labor and in accordance, first of all, with Articles 22 and 23 Of the Law, clause "G" of section 3 "Classifications and criteria used in the implementation of medical and social examination of citizens by the federal state institutions of the ITU", approved by order of the Ministry of Health and Social Development of the Russian Federation of 23.12.2009 No. 1013n.

However, attention is drawn to the fact that none of the aforementioned (Articles 22 and 23 of the Law, paragraph “G” of Section 3) normative documents contain neither quantitative nor qualitative indicators, including the definition of “specially created working conditions”. There are also no official documents (orders, protocols, standards, reference books, information letters, etc.) that would disclose the procedure for the formation and content of "labor recommendations" for disabled persons of groups 3, 2 and 1 with the main disabling pathology, who have OSTD 1 and 2 degrees. These facts cause expert errors, unjustified dismissals and court cases.

Thus, there is every reason to believe that labor recommendation is given on the basis of the main profession, which, in turn, is a key link in establishing the ability of a disabled person to work and determining indicated and contraindicated working conditions caused by a disabling disease with a corresponding severity of impaired body functions. Labor recommendations in the bureau formed primarily on medical indications and contraindications, which are determined by the main profession, which determine the restrictions on professional activities and accessibility by the severity and intensity of types of work for a disabled person, by the nature, conditions, regime and forms of organization of work.

3.5.4.2. So, if a person is recognized as a disabled person with OSTD 1 and 2 degrees, the specialists of the ITU bureau in almost all cases of the formation of the IPR are obliged to make recommendations on contraindicated and accessible conditions and types of work, which are indicated in the certificate of examination and the individual rehabilitation program for the disabled person.

In the form of an IPR, the vocational rehabilitation program contains a section "Recommendations on contraindicated and accessible conditions and types of work." This section is entered according to the results of professional expert and rehabilitation diagnostics (see clauses 3.5.1. - 3.5.4.1.) "Specific labor recommendation", which should contain quantitative and qualitative regulation on contraindicated production factors and conditions, types labor, as well as the shown conditions and types of work in accordance with the tariff and qualification requirements for professions and specialties, classification (Guideline R 2.2.2006 - 05) of the severity, tension, hazard and hazard of labor, Sanitary rules SP 2.2.92510-09 ( are specified in clauses 3.5.1. - 3.5.3., 3.5.3.1, 3.5.3.2), by order of the Ministry of Health and Social Development of the Russian Federation dated December 23, 2009 No. 1013n, including the need to create a special workplace, presentation (types) of technical means for equipping a worker places and other means, taking into account the individual capabilities of the disabled person.

Approximate (specific) professions and types of labor for employment can be included in the labor recommendation based on the results of the selection of professional activities carried out by regional or city employment centers, labor exchanges for disabled people, centers for vocational rehabilitation of disabled people (professional selection), medical commissions of health care institutions, as well as bureaus ITU.

However, the indication of specific names of professions may lead to a restriction of the range of suitable jobs, which in turn infringes upon the right of a disabled person to work, provided for in paragraph 1 of Article 37 of the Constitution of the Russian Federation.

Recommend the ITU bureaus for specific professions (specialties) for training (retraining) only after the vocational guidance (professional selection) of the disabled person (by the psychologist of the ITU bureau, the employment service or a psychologist - specialist in vocational guidance of a rehabilitation (educational) institution).

The approved form of the IPR and the Procedure for its formation determines the implementation of this section ("Recommendations on contraindicated and accessible conditions and types of work") by institutions of labor and employment authorities, employers, educational institutions through the corresponding sections and lines in the IPR, therefore, after its formation, recommendations should be made in the form of rehabilitation services, detailing and concretizing them, in the appropriate lines for execution according to responsibility.

For employment of a disabled person who does not work- the lines are filled in: "Professional orientation", "Assistance in employment", "Production adaptation" (see paragraphs 3.1., 3.3., 3.4.), And working- "Production adaptation" (see clause 3.4.), Since it is governed by Art. 224 of the Labor Code of the Russian Federation.

For vocational training and retraining of a disabled person- fill in the lines - "Vocational training and retraining", "Professional orientation" (see paragraphs 3.2., 3.1), "Social - pedagogical rehabilitation" of the section "Social rehabilitation measures" (see paragraph 4.2.).

It is filled out in strict accordance with similar entries in p. 14.3.4 - 14.3.5. certificate of inspection.

Examples of employment recommendations.

1. Patient P., 53 years old, the main profession is a nurse, the position is a senior nurse of a city polyclinic, she has been working in this position for 27 years, she quit her job. Diagnosis: "2010. - condition after radical treatment for angiosarcoma of the retroperitoneal space. No relapses and metastases. " The regional oncological dispensary recommended dispensary observation. Decision of the ITU Bureau: 3 disability group for 1 year, OSTD 1 degree, cannot work as a head nurse, because her job responsibilities are associated with a pronounced work intensity. Can work as a nurse in a neurological office, office for registration of forms of preferential prescriptions (vacancies at the time of examination).

Labor recommendation in the IPR: « Contraindicated working conditions: Moderate physical (grade 2) and severe neuropsychic stress (grade 3.1), work associated with a forced position of the body, tension of the abdominal press, in moving mechanisms and at height, associated with exposure to vibration, contact with toxic substances, salts heavy metals, chlorinated hydrocarbons and other carcinogens, electromagnetic, laser radiation more than the remote control, thermal radiation, ultraviolet radiation, the prescribed pace of work.

Working conditions shown: Work with insignificant physical (grade 1) and moderate neuropsychic stress (grade 2) in comfortable microclimatic conditions (grade 1) of the working environment. Work related to solving simple alternative tasks according to instructions (grade 2), according to a schedule with the possibility of correction, without a time deficit (grade 2), with responsibility for the number of auxiliary work (grade 2). Day shift work. The content of aerosols, protein preparations, noise, static electricity, EMP electric field, laser radiation within the limits of the remote control. "

Then in the line "Production adaptation" include the following: "1. Creation of the indicated working conditions, ensuring the performance of work recommended in terms of severity (1cl.) And intensity (2cl.), During the day shift and in comfortable microclimatic conditions "(see the design of clause 3.4.), As well as issue p. 3.1.1., 3. 1.3 ... lines p. 3.1. and p.p . 3.3.4. strings p.3.3.(see the design of the above items).

2. Patient V., 56 years old, profession - gas electric welder of the 6th category, works. Diagnosis: Kidney tuberculosis, grade 1-2 chronic renal failure. The ability to work as a gas electric welder is confirmed by a certificate issued by the specialists of the health care facility. ITU Bureau decision: Group 2 disability for an indefinite period, OSTD degree 2. In accordance with the ETKS, as well as a number of regulatory documents listed above, the profession of a gas electric welder belongs to general professions with difficult working conditions and exposure to harmful and hazardous substances - welding aerosols. Despite the fact that in the order of the Ministry of Health of the Russian Federation of March 14, 1996 No. 90, among the medical contraindications for admission to work of people who are not disabled, renal tuberculosis is not indicated, according to paragraph 4.3. SP 2.2.9.2510-09 (see p. 3.5.3.1.) The indicated working conditions for the disabled V. are: optimal (grade 1) and accessible (grade 2) sanitary and hygienic conditions of the working environment by ... chemical (harmful substances) factors.

The profession of a gas-electric welder is contraindicated for disabled V., since the chemical factors that make up the welding aerosols exceed the 1st and 2nd class of working conditions in terms of MPL and MPC.

An individual training schedule (hereinafter IGO) is a kind of organization of educational activities for a student of a higher educational institution and technical school. With this form of training, a student learns some disciplines without attending classes, that is, on his own (in some cases, completely individual training is possible). As for the session, it is also surrendered not together with the rest of the students, but on a personal basis. IGO can be compared to a correspondence course. However, there are some differences between the individual shape.

First of all, they consist in the fact that some academic subjects can be passed along with the rest of the students, that is, with attending lectures and seminars. This is impossible in the correspondence course.

In addition, tests and sessions are taken individually. Please note that such a student can "close" the session at any time of study while the semester is running.

Finally, an individual student receives a full-time diploma, rather than a correspondence course. It will list the academic subjects that students take in the main form of educational activity.

CSI can be provided to those students who need to graduate from a university as an external student (for example, if special circumstances interfere with their full-fledged education).

Students who are studying in the last years of a higher educational institution (as a rule, in the fourth or fifth), as well as a student of a technical school, regardless of which course he is studying, can receive an individual training schedule.

Below are the reasons for providing such a schedule, at least one of them must be met.

A student studying in the last year of the university must have a job directly in his specialty.
If the student had to undergo long-term treatment, the duration of which exceeds one month.
A schedule can also be provided if the girl needs to go on maternity leave (in any case, the child must be under three years old).
IGO is provided due to the death of a student's family members.
For such a schedule, the student must participate in sports competitions and at the same time act on behalf of a higher educational institution or an institution of secondary vocational education.
This is possible if the student is transferred from another institution with a completely different curriculum.
Finally, the student can be reinstated in the given educational institution and has debts in academic disciplines.

If there are grounds, the student writes an application, and the dean's office is provided with all the necessary supporting documentation.

It is worth noting that in a particular university (technical school) there may be additional conditions according to which an individual schedule is provided. You can always get details at the dean's office of your faculty.

Additional conditions include filing an application in a timely manner (in some institutions, the deadline for submitting this document is strictly fixed). In addition, in some cases, the average score received by students in disciplines is taken into account (as a rule, it should be at least 4). Also, in some universities, the IGO is provided to those students who have a group of disabilities. It is possible (but not necessary) to provide an opportunity for individual training in the event that a person shows outstanding abilities during the course of a special academic subject, as well as in scientific activities.

The directly individual training schedule is a normative act. This document will explain all the questions of such an unusual training. For example, there may be a list of academic subjects (in this case, both the main disciplines and subjects of the student's choice can be highlighted), the system by which the level of knowledge will be assessed, the degree of academic load, the types of tasks that must be completed individually , period, passing exams and tests, and so on.

Please note that not only the teacher, but also the student himself, makes up the schedule for one-to-one training. In other words, this is a joint work of the student and the curator. Most often, this document is drawn up no later than a week after the relevant decision on permission for the IGO is made. The decision to issue a schedule is usually made by the pedagogical council.

It should be noted that at the moment there are no uniform norms according to which a student can switch to independent studies. If you think that you have difficult circumstances that do not allow you to study together with everyone, according to the main program, it will not be superfluous to contact the rector of your university in order to jointly solve this problem.

People with disabilities employed in organizations, regardless of organizational and legal forms and forms of ownership, are provided with the necessary working conditions in accordance with an individual rehabilitation program.
It is not allowed to establish in collective or individual agreements working conditions for disabled people (wages, working hours and rest hours, duration of annual and additional paid vacations, and others) that worsen the situation of disabled people in comparison with other employees.
For disabled people of I and II groups, a reduced duration of working hours is established no more than 35 hours per week, while maintaining full remuneration.
By agreement between the employee and the employer, part-time or part-time work can be established both upon hiring and subsequently. The employer is obliged to establish a part-time or part-time working week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen (a disabled child under the age of 18), as well as a person caring for the sick a family member in accordance with a medical report.
For disabled persons, the duration of daily work (shift) is established in accordance with a medical report.
Not allowed to work at night (at night - from 22:00 to 6:00): disabled; employees under the age of eighteen, with the exception of persons participating in the creation and (or) performance of works of art, and other categories of employees in accordance with the Labor Code and other federal laws. Employees with disabled children, as well as employees caring for sick members of their families in accordance with a medical certificate, may be involved in night work only with their written consent and provided that such work is not prohibited for them for health reasons in according to the medical report. At the same time, these employees must be informed in writing of their right to refuse to work at night.
Involvement of disabled persons in overtime work is allowed only with their written consent and provided that such work is not prohibited for them for health reasons in accordance with a medical report. In this case, disabled persons must be informed in writing of their right to refuse overtime work.
Work on weekends and public holidays is generally prohibited.
Involvement of disabled persons in work on weekends and non-working holidays is allowed only if such work is not prohibited for them for medical reasons. At the same time, disabled persons must be informed in writing of their right to refuse to work on weekends and non-working holidays.
People with disabilities are provided with annual leave of at least 30 calendar days based on a six-day working week.
In addition, the employer is obliged, on the basis of a written application of the employee, to provide unpaid leave to working disabled people - up to 60 calendar days a year.
This collection of information is based on excerpts from the Law "On Social Protection of Disabled Persons in the Russian Federation" and the Labor Code of the Russian Federation and was published in the training manual "Professional Rehabilitation of Disabled Persons" (Ministry of Labor and Social Development of the Russian Federation together with the Federal Scientific and Practical Center for Medical social examination and rehabilitation of disabled people, 2004). This is the only information that can be found in the current Russian legislation on special working conditions for people with disabilities. There is a little of it in other various scientific and methodological materials.
Sometimes in the materials the concepts of "special working conditions for disabled people" and "special jobs for disabled people" are confused. It happens that this is justified, since the authors mean the same thing by them. But, there is a fundamental difference between these two concepts.
The process of creating jobs at specialized enterprises employing disabled people is a completely different topic and, in our opinion, has little to do with the process of creating special working conditions for people with disabilities. In this chapter, we will dwell in more detail on the special working conditions for people with disabilities.
Our organizations in their work oppose the isolation of disabled people in special working conditions, and strive to integrate them into the environment of workers without disabilities. Special jobs for people with disabilities can (and should) be created within the framework of ordinary enterprises, then the concepts under discussion (jobs in special enterprises that use the work of people with disabilities and special working conditions for people with disabilities) coincide in meaning, with the exception of one point. It is understood that special jobs for people with disabilities are therefore considered special because they are initially created and designed only for people with disabilities. This can take a formal form, when it is simply declared that this workplace is intended for the employment of a disabled person, and working conditions will be created there when a suitable employee from among people with disabilities appears. Or it may initially have ready-made working conditions, and already a suitable employee with a disability will be looked for for them. These are different approaches, since the processes of creating special working conditions and employment of people with disabilities are taking place in different ways, and their results are also different. We'll take a closer look at this later.
One of the difficult tasks is the development of standards for the creation of special working conditions, which should allow not only to monitor the safety of the health of an employed disabled person, but also to effectively solve all the problems of an organizational and social nature that arise in this case. At the moment, only the medical components of the working conditions of people with disabilities are included in the section of professional rehabilitation of the IPR, which makes it possible to select a profession that is suitable for their state of health, but can in no way help in the process of further employment. It can even be said that in the Individual Rehabilitation Program, contraindicated working conditions for a disabled person are more indicated than those that should be created at his workplace and will help him to work effectively.
Working conditions contraindicated for the employment of people with disabilities are characterized by increased (reduced) levels:
Physical factors (noise, vibration, air temperature, humidity and air mobility, electromagnetic radiation, static electricity, illumination, etc.),
Chemical factors (dustiness, gas contamination of the air in the working area),
Biological factors (pathogenic microorganisms and their metabolic products),
Physical, dynamic and statistical loads when lifting and moving, holding weights, working in uncomfortable forced positions, long walking,
Neuropsychic stress (sensory, emotional, intellectual, monotony, night shift work, with an extended working day.

So what are these very special working conditions for disabled people and how should they be created?
First of all, it is necessary to indicate that all people with disabilities are different in their needs, and one cannot approach the creation of working conditions with the same requirements, even for people with disabilities with one type of restrictions. There can and should be general criteria for assessing the labor potential of people with disabilities and uniform procedures for classifying needs, depending on the objective state of their physical or mental capabilities, but this should not overshadow the individuality of the process of their employment. Here, the psychological aspects of each personality come to the fore, and the specificity of each individual situation, when the same measures may give a positive result, or may not have the expected effect.
On the other hand, it is impossible to determine what kind of a person with a disability needs working conditions apart from the specific vacancy for which he is applying. For example, a blind person needs some measures to create working conditions if he wants to work as an operator on a personal computer, and completely different ones for working as a massage therapist. That is, the creation of special working conditions for a disabled person is a purely individual process and it consists in determining specific measures for a specific person within a specific vacancy.
The design and equipment of special workplaces for people with disabilities should be carried out taking into account the profession, the nature of the work performed, the type of disability, the degree of functional impairment and limitation of the ability to work, the level of specialization of the workplace, mechanization and automation of the production process.
Working conditions at workplaces of disabled persons must comply with the Individual Rehabilitation Program for a disabled person, developed by the Bureau of Medical and Social Expertise.
When designing, reconstructing and operating special workplaces for disabled people, one should be guided by:
"Unified Sanitary Rules for Enterprises (Production Associations), Workshops and Areas Designed for the Use of the Labor of Disabled People and Old Age Pensioners" (Ministry of Health of the USSR, No. 2672 -83 dated 01.03.83);
Occupational Safety System Standards (Occupational Safety Standards);
"Sanitary rules, norms and hygienic standards;
Hygienic criteria for assessing and classifying working conditions in terms of hazard and hazard indicators of the working environment, the severity and intensity of the labor process, approved by the State Sanitary and Epidemiological Supervision of Russia on April 23, 1999, Guide 2.2.755-99;
Regulatory documents of public associations of disabled people (VOI, VOG, VOS), the Ministry of Labor of the Russian Federation, regulating the work of disabled people;
Decree of the Ministry of Labor of Russia "On the list of priority professions of workers and employees, mastering which gives disabled people the greatest opportunity to be competitive in regional labor markets" dated September 3, 1993 No. 150.
(Educational and methodological manual "Professional rehabilitation of disabled people", issued by the Ministry of Labor and Social Development of the Russian Federation in conjunction with the Federal Scientific and Practical Center for Medical and Social Expertise and Rehabilitation of Disabled People, 2003).
An important procedure for creating special working conditions is the identification of barriers that can become an obstacle to the effective work of a person with a disability. There is also not enough knowledge about the type of physical limitations of the disabled person and his health possibilities; data on professional skills and related social factors are needed. That is, the information that a person can only move in a wheelchair does not allow determining the conditions under which he can work. It is possible to indicate the need to create an accessible infrastructure for people with disabilities with musculoskeletal disorders, a list of specialties and professional duties that are contraindicated for this person in accordance with his medical opinion. The available infrastructure includes the ability to move freely around the organization (no steps, high thresholds, wide doorways, etc.), and convenience directly at the workplace (location of tools and equipment at the optimal height and depth level, accessibility of shelves and racks etc.). Contraindications may reflect the objective professional limitations of a disabled person, because there are a number of specialties that are inaccessible to a person moving in a wheelchair (for example, a miner or a flight attendant) or working conditions that are harmful to him for health reasons.
But this information does not contain ready-made solutions to remove barriers to employment of a disabled person. He needs, firstly, to be tied to a specific place of work, secondly, to the performance of designated official duties and, thirdly, to determine the already mentioned social factors that facilitate or hinder the work of this person with disabilities.
The foregoing can be illustrated by the following situations: if a disabled person moving in a wheelchair seeks to work in an office as a computer technology specialist, then based on the proposed vacancy, he needs one set of activities, and if a locksmith in production, then a completely different one. The sets of measures will differ because of the place of work, which radically affects the creation of special conditions for the employment of a disabled person, and the requirements for revising or adapting official duties. That is, for a computer master, it is necessary to take into account that he will not be able to independently move equipment, get to remote outlets, pull wiring, etc. Therefore, these responsibilities must be shifted to another person, or a technical possibility must be provided for how he can perform them. A similar procedure must be done with respect to the vacancy "industrial locksmith".
In the examples given, we do not even take into account the possible factors accompanying their disability, for example, such as weakness in the grip of the hands (it happens with an injury to the cervical vertebrae), difficulties to spend the whole day in a sitting position (due to partial damage to the back muscles), the need for regular breaks in work because of headaches and so on. These restrictions may not exist, or other complications may join them. Therefore, the task of creating special working conditions is reduced to determining the capabilities of a person with a disability and correlating them to the requirements of the vacancy presented. Moreover, it is important to determine not only whether a disabled person is suitable for a given job, but also how the working conditions can be changed so that a person with certain parameters of restrictions and requirements for working conditions can work effectively.
This is a very important and one might even say, a fundamental point that allows us to look at the issue of creating special working conditions for a person with a disability from a slightly different angle. So far, the tendencies are too strong when they select employees from among the disabled for vacancies on the simple principle of "fit - not fit" or try to "match" the capabilities of a person with a disability to the requirements of the vacancy. In many respects, this is why the results of employment of people with disabilities are not great. The employment process will take place in a completely different way and with different results if the vacancy itself is changed to suit the capabilities of a person with a disability. This can happen in the following ways:
1) Changes to the current organization rules or work instructions of an employee with a disability. This could mean the possibility of setting additional breaks during the work for a person experiencing bouts of fatigue (for example, due to multiple sclerosis) or transferring some of the duties of an office employee with hearing problems to another employee.
2) Purchase of additional special equipment and arrangement of a workplace for a disabled person. This may refer to computer programs that allow blind employees to work effectively on this technique or to the desk of a disabled person in a wheelchair, from under which you need to remove the bedside table and expand the opening for his legs.
3) Turning to the services of a special service. This, for example, may be necessary when holding a meeting with the participation of people with hearing impairments (inviting sign language interpreters) or translating materials necessary for the work of blind employees from a flat-print form into Braille.
For the employment of a disabled person, it is necessary to take into account the social factors of his life. For example, if a person moving in a wheelchair has a personal car, then this fact contributes to his ability to work outside the home. And if, for example, he lives on the third floor of a residential building without an elevator, then until the issue of free access to the street is resolved, his employment to work in the office of any organization is a serious problem.
A special workplace for a disabled person must have basic and auxiliary equipment, technical and organizational equipment that ensure the implementation of ergonomic principles when organizing workplaces for disabled people and taking into account the individual capabilities and limitations of specific individuals.
The design of all elements of production equipment and the organization of the workplace must correspond to the anthropometric, physiological and psychological characteristics and the limited capabilities of working disabled people, taking into account:
Anatomical - morphological characteristics of the locomotor system;
Opportunities for recognizing controls, objects of labor, tools;
Accuracy, speed and range of motion in the implementation of control actions;
Capabilities of gripping and ways of moving controls, tools, objects of labor (fingers, brush, whole arm, foot, including using prostheses and working attachments on them);
The values of efforts developed in the implementation of management actions.
When designing and organizing special workplaces for people with disabilities, it should be provided:
The use of special devices for the control and maintenance of equipment, compensating for the anatomical, morphological and physiological deficiencies and limitations of the disabled;
The use of a specially designed hand tool, the shape, size and resistance value of the drive elements of which ensure reliable grip and effective use;
The location of the controls for equipment, technological or organizational equipment, parts to be processed at the workplace within the reach of the motor field (in the horizontal and vertical planes), taking into account the anthropometric dimensions and physical limitations of the disabled person;
Use for adjusting the height of the working surface of the table and elements of the working chair of easily accessible and controlled mechanisms with reliable fixation;
Allocation of additional areas that provide the possibility of access, turning at the workplace and performing work in a wheelchair;
Equipping equipment and furniture at the workplace with indicators (visual, acoustic, tactile), taking into account the capabilities and limitations of certain groups of people with disabilities (blind, visually impaired, deaf) and the perception of information to easily find their workplace and perform work;
Introduction, if necessary, of special operating modes, additional regulated breaks.
The arrangement of equipment and furniture at workplaces of disabled persons should ensure safety and comfort. All elements of stationary equipment intended for use by disabled people must be firmly and reliably fixed.
(Study guide "Professional rehabilitation of disabled people", Ministry of Labor and Social Development of the Russian Federation in conjunction with the Federal Scientific and Practical Center for Medical and Social Expertise and Rehabilitation of Disabled People, 2003).
The creation of special working conditions for a person with a disability consists of solving three main blocks of possible barriers:
1. The accessibility of the infrastructure, both of the entire building and the workplace itself, must ensure the freedom of movement of a person with a disability and the efficiency of his work.
2. The place and schedule of work should be appropriate for his physical and social capabilities.
3. Official duties and working conditions that are not accessible to a person with a disability must be adapted to his physical and social capabilities or canceled.
When creating working conditions for a disabled person, it is necessary to take into account both the physical and social components of his limitations. That is, the impossibility of a person moving in a wheelchair to get to the place of work is precisely social constraints, since they arose due to the inaccessibility of leaving his home and the inadequacy of public transport. Another example, if a disabled person is offered the vacancy of a secretary on a home phone with official duties of entering the received data into a computer and sending them by e-mail, but he does not have a computer, then this is also his social limitation.
The social limitations of people with disabilities, although they are objective in nature, are dictated exclusively by temporary factors and the imperfection of the attitude of Russian society to the problems of disability. And, unlike physical ones, social restrictions in the employment of disabled people can and should be overcome. But, at the moment, the creation of special working conditions is directly related to the social conditions of a person with a disability, and they cannot be ignored.
We would like to draw your attention to the fact that of the three points listed above, only the first one requires financial costs (although, in accordance with the legislation, the norms of architectural and information accessibility of the infrastructure of any company for the disabled must be observed anyway), and the other two require organizational efforts. This shows that it is not only and not so much about the finances that are necessary to create jobs with the appropriate conditions for the employment of people with disabilities, as some government officials sometimes try to imagine. It is much more important to create a system that will take into account the possibilities of the disabled person, the possibilities of vacancies and the possibilities of their mutual adaptation. This is not a question of money, but a question of restructuring existing programs for the employment of people with disabilities.
Now, more often than not, financial resources are first allocated to create jobs for the disabled, then these jobs are created, and only then are disabled people looking for them to work for them. According to this principle, for example, the program of the Public Relations Committee of the city of Moscow is operating to hold a competition among employers to create additional jobs for disabled people. In addition to the fact that this is ineffective, since it is difficult to find an employee with a disability who can fully fit into the workplace and working conditions already created not for him, it is also economically unprofitable.
We propose to proceed from the opposite: first you need to find an employee with a disability, then determine what needs to be done so that he can work effectively, based on this information, select, adapt or create a workplace. At the same time, you first need to calculate how much it costs and only then allocate funds. If we proceed from foreign studies on this topic, it may turn out that for the employment of about 60% of disabled people, financial costs directly for the creation of special working conditions will not be required at all. They need measures to remove barriers to employment from 2 and 3 points of the proposed scheme above. And here, we repeat, what is needed is not money, but trained specialists who can ensure the adaptation or change of official duties, schedule and working conditions for the individual capabilities of a particular disabled person.
Another big problem is the following - who will create these very special working conditions for disabled people? The Law "On Social Protection of Disabled Persons in the Russian Federation" in Article 23 stipulates that the employer creates working conditions for disabled people in accordance with the Individual Rehabilitation Program. That is, it turns out that this should be done by the employer himself? But he is not a specialist in the field of creating special conditions for people with disabilities and cannot foresee all the nuances that are associated with the employment process. Perhaps they should be registered in the IPR of a disabled person and the employer should simply follow what is written in the card and create working conditions in accordance with the recommendations of the section "vocational rehabilitation"? But the practice of forming an Individual Rehabilitation Program shows that it is practically impossible to do this. In addition, all of the above indicates that the creation of special working conditions for a person with a disability in isolation from a specific workplace and vacancy for which he applies is impossible.
Employees of the state federal employment service are not involved in creating special working conditions for people with disabilities. This is dictated by the following reasons:
1) The lack of appropriate state programs to create special working conditions for people with disabilities, and if there are no programs, then there are no specialists on this issue.
2) Lack of methodological materials, as well as training and retraining programs for employees of the employment service, aimed at more effective work with the individual needs of people with disabilities in their employment.
All of these problems do not allow people with disabilities to be employed with sufficient efficiency, who, due to their limitations, require the creation of special working conditions. And until the current situation is changed, and a new system of ensuring the employment of these persons is not created and introduced, it is difficult to count on at least some progress in this process. And the questions - who and how will ensure the creation of special working conditions for disabled people in the current situation in the Russian Federation, unfortunately, so far remain unanswered.

Contradictions between employee and manager occur in many enterprises. The subject of such a disagreement can be completely different, but there are only a few procedures for resolving it. How can a labor dispute be settled legally? This will be discussed further.

Individual labor dispute

The Labor Code stipulates the concept of an individual labor dispute. This type of contradiction is a disagreement between the employer and the subordinate on the application of laws or other regulations that contain provisions on collective or, etc. In addition, the employee must notify the labor dispute resolution committee about such a problem. To do this, he needs to submit an appropriate application.

The law does not indicate that a labor dispute can only arise between management and an employee who is an employee of the enterprise. The Complaints Board may also be contacted by:

Persons who previously had an employment relationship with this organization;

Citizens who apply for a vacant place in an institution.

The following unresolved issues may be the subject of a dispute:

Recovery of damage;

Payment of wages;

Providing any benefits;

Other conflict points that directly relate to

Collective labor disputes

Consideration of collective labor disputes is carried out in a slightly different order. By definition, such a disagreement is an unresolved claim that is put forward to the employer by a group of subordinates (for example, a department, a shop) regarding any changes in working conditions, conclusion or performance, or in connection with the rejection of the director or owner of the organization of the opinion of the elected body of employees when adopting local (internal) regulations.

Usually, a collective labor dispute involves several stages:

1. To begin with, a group of workers, working conditions or adopted innovations, submits an application to the head of the enterprise. As a rule, this action is performed by a representative selected from the team.

2. The employer has 3 days to consider such a complaint. During this period, he must either accept the demands of his subordinates, or refuse them. If the director is nevertheless ready for at least some concessions, then he should create a so-called "conciliatory" commission. It should consist of both management members and representatives of the team in equal numbers. The decision of such a group is formalized in a protocol.

3. If the parties do not reach an agreement, you can invite a mediator to resolve the problem or consider the claim in labor arbitration.

4. When all of the above actions have not resolved the labor dispute, employees have the right to organize a strike, with a 10-day notice to the boss.

When can you go to court

Consideration of applications from employees in any of the aforementioned commissions is quite rare. Many skip this stage and go straight to court. If the CCC rejects your application, makes a decision not in your favor, appeal the decision. For this, the law gives 10 days from the date of receipt of the commission's response. In any case, labor litigation is considered within three months from the date of the violation.

In conclusion, I would like to wish you not to get into conflict situations and work only for your own pleasure.