QUESTIONS OF IMPLEMENTATION LEGISLATION ABOUT QUOTING OF THE WORKING PLACE FOR PEOPLE WITH DISABILITIES: POSITION OF COURTS

Abstract

The article deals with the issues of interpretation by courts of the legislation on employment quotas for persons with disabilities. It is concluded that according to the vessel position responsibilities job quotas are considered fulfilled from the moment of allocation (creation) of jobs and recruitment for people with disabilities. Thus from the provisions of the law should not be the obligation of the employer for compulsory search and recruitment in quota-based jobs for disabled people and their filling out of the lack of appropriate referrals of disabled persons to employment and the direction of their respective employment service. The violation of the quota is the lower quota and the job is designed for the employment of disabled persons jobs persons classified as disabled. The establishment of quotas for employment of disabled persons for positions of civil servants contrary to the provisions of the Federal law «About state civil service of the Russian Federation».