According to the Procedure for establishing a quota for hiring a citizen who have additional guarantees in promoting employment, approved by the Order of the Council of Ministers of the Donetsk People’s Republic of 10.08.2018 No. 10-52 (with amendments and additions), the quota for hiring is the minimum number of work places (as a percentage of the average number of full-time employees of organizations for the previous calendar year), for which the employer is obliged to employ citizens who have additional guarantees in promoting employment at the enterprise, in the institution and organization, including the number of jobs in which citizens of these categories already work.
In accordance with the Procedure, the categories of citizens who have additional guarantees in promoting employment include:
– one of the parents or the person who replaces them, and:
- a) has dependent children of preschool age;
- b) brings up a child under the age of 14 or a disabled child without one of the spouses;
- c) maintain, without one of the spouses, a disabled person since childhood (regardless of age) and (or) a disabled person of group I (regardless of the cause of disability);
– orphans and children deprived of parental care, persons who have reached the age of 16 and who, with the consent of one of the parents or the person who replaces them, may, as an exception, be hired;
– young people who completed or stopped their studies in general education, vocational educational organizations and educational organizations of higher professional education, resigned from military or alternative (non-military) service, or were demobilized (within three months after graduation or termination of studies or service) and who hired for the first time;
– persons who have 5 years or less left before the gaining the right to an old-age pension in accordance with the legislation of the Donetsk People’s Republic on pension insurance;
– released from places of imprisonment;
– looking for a job for the first time under the age of 21;
– persons who were on compulsory treatment;
– dismissed from military service for health reasons;
– family members of servicemen of the Donetsk People’s Republic who died during the hostilities;
– persons paying alimony;
– persons who have reached the age of 14 and who acquired full legal capacity before the age of 18;
– parents who are obliged to reimburse the costs spent by the state on the maintenance of children who are on state support, and are sent on the basis of a court decision to the territorial bodies of the Republican Employment Centre of the Ministry of Labour and Social Policy of the Donetsk People’s Republic (hereinafter – employment centres);
– non-working able-bodied persons who actually take care of a disabled child, a disabled person of group I or an elderly person who, according to the conclusion of a medical institution, requires constant external care or has reached the age of 80, and receive assistance, compensation and/or an allowance in accordance with the legislation of the Donetsk People’s Republic;
– parents-educators of family-type orphanages, adoptive parents, if they receive financial support in accordance with the legislation of the Donetsk People’s Republic;
– a person who lives with a disabled person of groups I or II due to a mental disorder, who, according to the conclusion of the medical commission of a medical institution, needs constant external care, and receives financial assistance for caring for him/her in accordance with the legislation of the Donetsk People’s Republic.
For the employment of these categories of citizens, employers with 35 and more full-time employees set a quota of 3 percent of the average number of full-time employees for the previous calendar year.
For each unjustified refusal to hire a citizen within the established quota, who has additional guarantees in promoting employment, the employer is charged a fine at double the rate of the minimum wage established in the Donetsk People’s Republic at the time of detection of the violation. The amounts of fines are transferred to the republican budget of the Donetsk People’s Republic.
Special attention in promoting employment is paid to citizens with disabilities. Thus, in order to support disabled people, by the Government Decree No. 7-23 of 05/31/2016 (with amendments and additions), the Procedure for determining the quota for hiring disabled people in the Donetsk People’s Republic was developed and approved.
For employers operating in the territory of the Donetsk People’s Republic, the number of employees of which is more than 30 people, a quota for the employment of disabled persons is set at the rate of 5 percent to the average number of full-time employees for the previous calendar year.
It should be noted that in case of non-fulfilment of the quota for hiring disabled people, employers pay to the Fund of Compulsory State Social Insurance in case of unemployment of the Donetsk People’s Republic a compulsory payment for each unemployed disabled person within the established quota, in the amount of the average annual wage established at the enterprise, organization, institution for the reporting year.
The average number of full-time employees for the previous year is taken at the beginning of the current year according to the data provided to the state statistics authorities.
When calculating the number of jobs against the established quota for hiring citizens who have additional guarantees in promoting employment, rounding is made downward to an integer value.
Employers have the right to hire employees directly or through employment centres.
