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How to pay an employee with disability?


Disabled employees with 1st and 2nd groups of disability who work 35 hours a week are paid for full working week – 40 hours. If a 2nd group disabled was obliged by the MREK’s decision to work part-time in this case he is paid only for the time he had actually worked. Calculation of hourly (daily) basic rate for 1st and 2nd groups disabled is made by dividing monthly rate by the norm hours of shorter working week.

Citizen A. appealed to the free legal office of the Office for the rights of persons with disabilities with the following issue: “If the director of the enterprise can transfer my wife who is a 3rd group disabled from 8 hours working day to 4 hours working day without her agreement. A monthly income of full time job is 970 000 rubbles”.

Jurists pay attention to the fact that in order to answer the question it should be cleared out if the wife’s transfer to 4 hours working day is connected with grounded production, organizational or economic reasons. If yes, in this case in accordance with the article 32 of the Labour Code an employer has the right to change the working conditions but at the same time he should provide the same specialty, qualification or position that are defined by labour agreement. Working conditions are defined as the system and amount of payment for labour, guarantees, working hours, rank, profession, part or full-time job, holding of more than one position and other conditions set by the Labour Code.

But an employer has to inform an employee about the changes in working conditions in written form not later than a month before the changes should take place.

If the employee refuses to work in changed conditions the labour agreement is terminated under p. 5 of the art. 35 of the Labour Code.

But in case of the termination of the agreement without legal ground, illegal transfer, change of labour conditions or suspension the body considering labour dispute reinstates an employee at his working place and reinstates the labour conditions (art. 243 of the Labour Code).

If court considers the reinstatement impossible or pointless because of the reasons not connected with the employee’s activities it has the right to offer and with the agreement of an employee to make the employer pay him compensation in amount of his 10 monthly salaries.

Officials have to compensate the damage if cases when dismissal, transfer, change of labour conditions or suspension took place with violations of law and also if the court’s decision to reinstate in previous position and labour conditions hasn’t been fulfilled.

National legislation also provides compensation for moral damage (article 246 of the Labour Code) in cases of dismissal without legal ground or with violations of the set order of dismissal or illegal transfer to other job the court can make a ruling on compensation for moral damage. The amount of moral damage compensation is defined by the court.