Employment of Persons with Disabilities in Russia: Labor Law and Quota Requirements

 

November 17, 2025

BRACE Law Firm ©

 

The state provides support measures and guarantees to persons with limited health capabilities, including in the sphere of labor relations. At the same time, hiring a person with a disability raises questions even for experienced HR specialists and lawyers. Furthermore, an employee may present disability documents to the employer during their employment, requiring the employer to ensure necessary working conditions and workplace accommodations.

This article examines:

• statutory guarantees and compensation for employees with disabilities;
• specific features to consider during the hiring process;
• how to organize a disabled person’s workplace and establish working conditions;
• special grounds for dismissing employees with disabilities under labor legislation.

Who is Recognized as Disabled?

Pursuant to Article 1 of Federal Law No. 181-FZ dated November 24, 1995, On Social Protection of Persons with Disabilities in the Russian Federation (the "Law on Protection of Persons with Disabilities"), a person with a disability is an individual with a health disorder involving a persistent dysfunction of body functions caused by diseases, consequences of injuries, or defects, leading to limitations in life activities and necessitating social protection.

Rules for recognizing a citizen as disabled were approved by Government Resolution No. 588 dated April 5, 2022 (the "Resolution No. 588"). This process is conducted by medical-social expertise institutions.

Depending on the severity of health disorders, Group I, II, or III disability is established; for individuals under 18, the status "disabled child" is assigned. Group I disability is established for 2 years, while Groups II and III are established for 1 year. Resolution No. 588 also defines cases where disability is established indefinitely. Generally, the disability term expires on the 1st day of the month following the month scheduled for re-examination (regular medical-social expertise).

A person recognized as disabled receives:

• a certificate confirming the fact of disability and specifying the disability group;
• an individual rehabilitation and habilitation program (the "IPRA" or "Rehabilitation Program").

These documents serve as the basis for granting guarantees to the disabled person. Notably, the Rehabilitation Program is advisory for the individual, who may refuse any type, form, or scope of measures, or the program as a whole. However, the IPRA is mandatory for state and local government authorities, as well as employers regardless of their organizational, legal, or ownership forms (Article 11 of Federal Law No. 181-FZ).

Quotas for Workplaces for Persons with Disabilities

One state support measure is the establishment of workplace quotas for persons with disabilities, which refers to reserving a portion of vacancies and special workplaces for their employment (Article 37 of Federal Law No. 565-FZ dated December 12, 2023, On Employment of the Population in the Russian Federation (the "Law on Employment")).

New quota rules approved by Government Resolution No. 709 dated May 30, 2024, On the Procedure for Employers to Fulfill Quotas for Hiring Persons with Disabilities (the "Resolution No. 709"), took effect on September 1, 2024.

Regional laws determine quota sizes ranging from 2% to 4% of the average headcount. Within these limits, regional authorities set specific percentages. Regions may differentiate quota sizes based on the organization's type of economic activity and average headcount.

All organizations must fulfill the quota, except if:

• the employer’s headcount does not exceed 35 persons;
• the employer is undergoing bankruptcy proceedings;
• the employer is a public association of persons with disabilities or an organization formed by them;
• the employment service has no unemployed persons with disabilities on record who meet the qualification requirements for the vacancies declared by the employer. [1]

The Employer shall calculate the quota by the 10th day of the month following the reporting quarter, based on the average headcount for the previous quarter. This calculation excludes employees of representative offices and branches located in other Russian regions, as well as employees whose working conditions are classified as harmful or dangerous.

An employer has fulfilled the quota if:

• it concludes an employment contract with a person with a disability;

If the Employer hires one person with a Group I disability, the quota is counted as two workplaces. Effective November 20, 2025, amendments to Resolution No. 709 [2] will allow the hiring of one disabled person from among combat veterans who participated in the special military operation to count as two workplaces.

Previously concluded employment contracts, fixed-term contracts, external part-time arrangements, and part-time work schedules count toward quota fulfillment. The Ministry of Labor provided these clarifications in Letter No. 16-5/10/P-7129 dated September 12, 2023.

• an employment contract exists between a person with a disability and another organization or individual entrepreneur that has concluded a disability employment agreement with the company.

Under such an agreement, a company signs a contract with another employer to hire a disabled worker, and the company compensates the latter for the costs of creating the workplace and paying wages. Resolution No. 709 approved the rules and form for such agreements.

Hiring an Applicant with a Disability

The Employer may not refuse to conclude an employment contract with a person with a disability referred by the employment service under a quota if the refusal is unrelated to the worker’s business qualities. As the Supreme Court of the Russian Federation formulated in Ruling No. 5-KG19-71[3], the term "business qualities" refers, in particular, to an individual's ability to perform a specific labor function considering their professional and vocational qualities (e.g., possession of a specific profession, specialty, or qualification) and personal qualities (e.g., health status, education level, or work experience in a given specialty or industry).

The formal hiring process for an employee with a disability does not fundamentally differ from hiring other employees. The individual presents medical documents confirming disability status only at their discretion (Article 65 of the LC RF).

When concluding an employment contract with an applicant with a disability, the Employer must reflect the specific working conditions, work schedules, and rest periods established by the Labor Code for this category of workers.

Specific Labor Conditions for Employees with Disabilities

The Labor Code guarantees the following working conditions for employees with disabilities:

• Reduced working hours for persons with Group I and II disabilities — no more than 35 hours per week with full pay (Part 1 of Article 92 of the LC RF).
• The duration of daily work (shifts) must be established in accordance with a medical finding (Part 1 of Article 94 of the LC RF).
• Engagement in overtime, weekend, or night work, and assignment to business trips is permitted only with the employee's consent and provided such work is not medically prohibited (Articles 96, 99, 113, and 167 of the LC RF).
• Extended annual leave of at least 30 calendar days (Part 3 of Article 115 of the LC RF).

Certain categories of persons with disabilities may be entitled to longer paid leave. For instance, Chernobyl-affected disabled persons have the right to annual paid leave at a time convenient for them, as well as an additional 14-day leave paid by the Social Fund of Russia.[4] To obtain additional leave, the Employer must issue a certificate to the employee regarding their average earnings and the period for which leave is granted.

• Unpaid leave of up to 60 calendar days per year must be granted upon the disabled employee’s application (Part 2 of Article 128 of the LC RF). As the Ministry of Labor clarified [5], a "year" refers to a working year calculated from the date the employee started work with the specific employer, not from January 1.

All listed guarantees, except for reduced working hours, apply regardless of the disability group or the content of the IPRA. Violating the rights of a person with a disability will result in the Employer’s decisions and actions being declared illegal.

For example, in Case No. 33-820/2025 [6], M. was dismissed for absenteeism. M. challenged the dismissal, seeking reinstatement, back pay of 870,962 rubles, and moral damages of 100,000 rubles. The court established that M. had submitted a written application for unpaid leave as a disabled person for medical treatment and subsequently left. The court concluded that using leave after the Employer refused to grant it cannot be considered an unexcused absence. It awarded back pay and moral damages of 10,000 rubles.

Workplaces for Persons with Disabilities

Pursuant to Article 24 of the Law on Protection of Persons with Disabilities, the Employer must create special workplaces for persons with disabilities.

Special workplaces for the employment of persons with disabilities are workplaces requiring additional labor organization measures, including the adaptation of primary and auxiliary equipment, technical and organizational furnishing, and additional equipment with technical devices considering the individual capabilities of the disabled person (Part 1 of Article 39 of the Law on Employment).

Employers equip these workplaces based on the impaired functions and life limitations of the disabled person. Requirements for such equipment are established by Order of the Ministry of Labor No. 685n dated November 19, 2013. [7] The analysis of equipment needs is based on the information in the individual’s rehabilitation program.

HR and health and safety specialists frequently ask whether disabled persons may work in hazardous conditions. The Ministry of Labor believes [8] that the LC RF does not explicitly prohibit employing disabled persons in work with harmful or dangerous conditions. However, the Employer must comply with restrictions on night work, overtime, and similar activities.

Temporary Transfer and Dismissal on Medical Grounds

If a disabled employee requires a transfer according to a medical finding, the Employer must transfer them, with their written consent, to another available position not medically contraindicated (Article 73 of the LC RF). Legal consequences depend on the duration of the transfer specified in the medical finding.

If a temporary transfer of up to four months is necessary, the Employer must offer available vacancies and obtain consent for a suitable position. If the employee refuses the transfer or no suitable work is available, the Employer must suspend the employee while preserving their position. An order of suspension is issued, specifying the reason and period; no wages are paid during this time.

In some cases, a transfer is not required, but specific contract terms must be aligned with labor laws and the IPRA (e.g., work schedule or leave duration). In such instances, an addendum to the employment contract establishing new conditions is sufficient.

If an employee requires a temporary transfer exceeding four months or a permanent transfer, the employment contract is terminated if the employee refuses the transfer or no work is available. An exception applies to management (the head of the organization, deputies, chief accountant, or heads of branches). These employees may be suspended for a longer period by mutual agreement. Pending a resolution, the employee must be suspended from work that is medically contraindicated.

The Labor Code provides special grounds for dismissing employees on medical grounds:

• Paragraph 8 of Part 1 of Article 77 of the LC RF — the employee’s refusal to be transferred to another job required by a medical finding, or the absence of suitable work;
• Paragraph 5 of Part 1 of Article 83 of the LC RF — the employee being recognized as completely incapable of labor activity according to a medical finding issued in accordance with federal laws and regulations.

Dismissal under Paragraph 8 of Part 1 of Article 77 of the LC RF is possible only if:

• a medical finding exists stating the employee cannot perform their labor function and requires a transfer;
• the employee refused the transfer or the Employer lacks suitable work.

A medical commission must issue the medical finding following a professional suitability expert examination. The procedure and form for such findings are approved by Order of the Ministry of Health No. 147n dated March 25, 2025. [9] The examination must be conducted by a medical organization licensed for professional suitability expertise. The IPRA and the MSE (Medical-Social Expertise) certificate are not equivalents and cannot serve as grounds for dismissal.

In Case No. 4-KG22-53-K1 [10], D., a dentist, was dismissed under Paragraph 8 of Part 1 of Article 77 of the LC RF after being assigned Group II disability and presenting an IPRA. The Employer claimed it could not create special conditions and that D. refused other positions. The court ruled that dismissal requires a medical finding of unsuitability for specific types of work. Professional suitability expertise differs from medical-social expertise; the former determines fitness for work, while the latter determines social protection needs. Since D. was not referred for professional suitability expertise, the dismissal was illegal.

Dismissal is also illegal if procedures are not followed, such as failing to offer vacancies.

In Case No. 5-KGPR20-151-K2 [11], A., a driver, challenged his dismissal under Paragraph 8 of Part 1 of Article 77 of the LC RF after a medical exam declared him unfit to drive. A. claimed the Employer never offered a transfer. Lower courts merely reviewed the Employer's certificate claiming no vacancies existed. The Court of Cassation ruled that termination is lawful only if the Employer offers available work and proves it did so. The Employer should have presented the staffing table to determine if vacancies existed that A. could perform. The dismissal was declared illegal due to procedural violations.

Job offers should be in writing and explain the consequences of refusal. The Employer must offer all available vacancies not contraindicated for the employee, including lower positions or lower-paid work. Analysis of practice shows vacancies should be offered throughout the period from the receipt of the unsuitability finding until dismissal.

Unlike the above, dismissal under Paragraph 5 of Part 1 of Article 83 of the LC RF occurs when an employee is found completely incapacitated. We believe the underlying medical document must also result from professional suitability expertise, as supported by case law.

In Case No. 8-11347/2024 [12], T., a rescuer, challenged his suspension after a medical exam found contraindications for hazardous work. The court ruled that an annual medical exam finding is not a basis for legal actions; the Employer was obligated to refer the employee for a professional suitability expert examination.

Dismissal is also possible if an employee concealed their incapacity during hiring.

In Case No. 33-4981/2015 [13], M., a kindergarten teacher, was dismissed under Paragraph 5 of Part 1 of Article 83 of the LC RF. It was established that M. had a Group I disability and was incapacitated but concealed this at hiring. The court upheld the dismissal.

In all such dismissals, the employee receives severance pay equal to two weeks' earnings (Article 178 of the LC RF). Additionally, pursuant to Part 2 of Article 137 of the LC RF, no wage deductions for employer debt (e.g., for advanced leave) are permitted.

Administrative Liability for Violating the Labor Rights of Persons with Disabilities

Violating the labor rights of persons with disabilities entails administrative liability under Article 5.27 of the CAO RF (Violation of Labor Legislation and Other Regulatory Legal Acts Containing Labor Law Norms), resulting in fines of 1,000 to 5,000 rubles for officials and individual entrepreneurs, and 30,000 to 50,000 rubles for legal entities. Fines increase for repeated violations.

In Case No. 12-58/2025 [14], a labor inspector fined a company 30,000 rubles for violating a disabled worker's rights. The company challenged this, stating that J., a controller, was dismissed under Paragraph 8 of Part 1 of Article 77 of the LC RF after being assigned Group III disability and an MSE finding suggested work without hazardous conditions was acceptable. The inspector found the dismissal illegal because the workplace evaluation for the controller position showed it met Class 2 requirements (acceptable) and was suitable for disabled persons. The court upheld the inspector’s decision.

Failure to fulfill disability employment quotas or refusing to hire a disabled person within the quota results in liability under Article 5.42 of the CAO RF. Fines range from 20,000 to 30,000 rubles for officials, 30,000 to 50,000 rubles for individual entrepreneurs, and 50,000 to 100,000 rubles for legal entities.

In Case No. 16-319/2023 [15], center director L. was found guilty under Part 1 of Article 5.42 of the CAO RF. The court established that quota workplaces were not fully allocated or created, and the existing quota positions were not vacant. The decision was upheld.

In conclusion, Russian labor legislation requires employers to create conditions for employees with disabilities:

• hiring disabled persons within established quotas;
• equipping special workplaces;
• ensuring "preferential" conditions: reduced hours, extended leave, unpaid leave, and restrictions on overtime, night work, weekend work, and business trips;
• transferring disabled employees to other work if they cannot perform their current functions;
• providing guarantees upon dismissal under special grounds.

However, in our view, employers should be incentivized to create workplaces and hire persons with disabilities through tax benefits and expanded state support measures.

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References

1. Paragraph 4 of Resolution No. 709.
2. Government Resolution No. 1765 dated November 8, 2025, On Amending Government Resolution No. 709 dated May 30, 2024.
3. Ruling of the Judicial Chamber for Civil Cases of the Supreme Court of the Russian Federation No. 5-KG19-71 dated July 22, 2019.
4. Law of the Russian Federation No. 1244-1 dated May 15, 1991, On Social Protection of Citizens Exposed to Radiation as a Result of the Disaster at the Chernobyl Nuclear Power Plant.
5. Letter of the Ministry of Labor of Russia No. 14-2/OOG-8948 dated October 6, 2016.
6. Appellate Ruling of the Supreme Court of the Republic of Ingushetia No. 33-820/2025 dated July 3, 2025.
7. Order of the Ministry of Labor of Russia No. 685n dated November 19, 2013, On Approval of Fundamental Requirements for Equipping (Equipping) Special Workplaces for the Employment of Persons with Disabilities Considering Impaired Functions and Life Limitations.
8. Letter of the Ministry of Labor of Russia No. 15-1/OOG-2492 dated July 26, 2024, On Engaging a Person with a Group I Disability in Work with Harmful Conditions.
9. Order of the Ministry of Health of Russia No. 147n dated March 25, 2025, On Approval of the Procedure for Conducting Professional Suitability Expert Examination and the Form of the Medical Finding on Suitability or Unsuitability for Performing Specific Types of Work.
10. Ruling of the Judicial Chamber for Civil Cases of the Supreme Court of the Russian Federation No. 4-KG22-53-K1 dated January 16, 2023.
11. Ruling of the Judicial Chamber for Civil Cases of the Supreme Court of the Russian Federation No. 5-KGPR20-151-K2 dated March 29, 2021.
12. Ruling of the Sixth Court of Cassation of General Jurisdiction No. 88-11347/2024 dated June 6, 2024.
13. Appellate Ruling of the Supreme Court of the Republic of Sakha (Yakutia) dated December 28, 2015, in Case No. 33-4981/2015.
14. Decision of the Promyshlenny District Court of Smolensk dated March 4, 2025, in Case No. 12-58/2025.
15. Ruling of the Eighth Court of Cassation of General Jurisdiction No. 16-319/2023 dated February 15, 2023.