According to the Law on Employment of the Population in Russian Federation» when the employment service authorities decide on the issue of granting the status of unemployed to a citizen, one of the most important conditions is the impossibility of selecting for him suitable job.
The fact is that the governments of many countries with market economy are trying to develop different approaches to mitigate the social consequences of unemployment. One of these methods is a differentiated approach to the employment of the unemployed, the assignment of unemployment benefits to various groups of people. The unemployed person has the right, without prejudice to himself, to refuse the so-called unsuitable (for him) work offered to him, but must not, without negative consequences refuse a job offered to him that is suitable (for him).
Thus, for a certain period of time, he retains himself in his professional, and hence in social group while remaining in a certain place in the social hierarchy of society. This allows the unemployed to feel more confident both materially and morally. As for the state, it retains the established social structure society, thereby preventing its degradation - a change in the direction of growth in the number of people belonging to the so-called lower classes of society, always dissatisfied with the conditions of their lives within the framework of the existing state system.
AT international law the legal term "suitable work" was first introduced by the Convention international organization Labor (ILO) "On benefits to persons who are unemployed due to circumstances beyond their control". The authors of this Convention proceeded from the fact that the use of the term "suitable work" is key in the system of assistance to the unemployed both in finding work for them and in paying unemployment benefits. In order to be eligible for benefits, unemployed citizens must be in a position in which it is impossible to find suitable work.
The term “suitable job” is also important for employers: the more the professional and qualification level of the employed unemployed corresponds to the profile and needs of the enterprise, the less is the employee turnover that is costly for employers. Even though the “suitable job” requirement may in some cases result in benefits being extended up to the prescribed maximum period, it is justified. At the same time, a slight increase in the time for finding a job will not only interfere, but will contribute to a more thorough selection of options for available vacancies and the selection of jobs that are more suitable for citizens, and in the future will help reduce staff turnover.
ILO Convention No. 44 indicates possible criteria for suitable work:
Þ possession of a profession, skills, abilities, education, professional experience;
Þ the location of the job offer, accounting for travel time to and from the job and the need to change residence;
Þ remuneration for work, working conditions;
Þ non-involvement in labor conflicts, etc.
However, due to socio-economic differences between countries, the criteria underlying the definition of “suitable work” also differ: somewhere they are “blurred” and may not be interpreted unambiguously and not always in favor of the unemployed; somewhere they are overly specific, trying to foresee all possible situations.
In accordance with Article 4 of the Law "On Employment in the Russian Federation", such work is considered suitable, including temporary work, which corresponds to:
Ö professional suitability employee, taking into account the level of his vocational training;
Ö conditions of the last place of work (excluding paid public works);
Ö state of health;
Ö transport accessibility of the workplace.
Let's take a closer look at each of these conditions.
The professional suitability of an employee is determined, first of all, by the level of professional training and work experience. The main ways of vocational training are education in educational institutions of higher, secondary and primary vocational education, as well as vocational training at work or short-term courses. Professional education must be confirmed by an appropriate diploma (certificate) educational institution. Information about qualifying categories for working professions are recorded in the work book. If a citizen has not worked for a long time in accordance with the existing professional education, it may be advisable to restore his qualifications.
If a citizen has a higher and secondary vocational education, the selection of a suitable job can be carried out in both professions, taking into account work experience in both one and the other profession. In order to more accurately determine the professional suitability of citizens when they are sent to the positions of employees, it is advisable to use qualifications contained in the tariff-qualification reference books. If a citizen has several working professions, a job search is carried out for each of them. In the absence of vacancies corresponding to professional education, other work options are offered with the consent of the citizen.
Unfortunately, there is no clear explanation in Article 4 regarding the “conditions of the last place of work”, however, a number of legal scholars refer to them wages according to last place work: the job offered by the Employment Service cannot be considered suitable if the offered salary is lower than the average salary of a citizen calculated for the last three months at the last place of work (See Zhdanova I., Privalov V., Filatova L. Suitable and unsuitable work / / Press - Analyst, Information and Analytical Bulletin/Monitoring the Socio-Economic Situation and the State of the Labor Market in St. Petersburg, St. Petersburg, 2000, No. 1-2).
The average earnings at the last place of work includes, in general, a fixed part (for example, salary at staffing), and, in addition, allowances, bonuses and other payments. The proposed salary indicated in the employer's application often includes only a fixed part, which does not always reflect the actual salary that the applicant for a vacancy will receive and, in some cases, may lead to classifying a suitable job as unsuitable. Along with this, the need for an unambiguous account, without any exceptions, of the average salary often makes it impossible to select a suitable job for disabled citizens with a high average earnings prior to disability.
When choosing a suitable job, it should be borne in mind that for citizens who took part in paid public works while they were registered with the employment service as unemployed, the amounts received for the work performed are not considered earnings at the last place of work.
Citizens whose average earnings exceeded the subsistence minimum calculated in the subject of the Russian Federation may be offered work with salary equal to the living wage.
Health status. If a citizen has restrictions on various types works for health reasons, then the selection of a suitable job is made taking into account the conclusion of the CEC of the polyclinic. For people with disabilities, only work that meets the recommendations specified in the ITU certificate and in the individual program for the rehabilitation of a disabled person is considered suitable.
Transport accessibility of the workplace. The maximum distance of a suitable job from the place of residence of the unemployed is determined by the relevant local government, taking into account the development of the network public transport in this locality.
In addition, paid work, including temporary work and public Works, requiring or not requiring (taking into account the age and other characteristics of citizens) preliminary training that meets the requirements of the legislation of the Russian Federation on labor, is considered suitable for citizens:
first job seekers(previously unemployed), without a profession (specialty). The selection of a suitable job for this category of citizens is carried out taking into account the state of health and transport accessibility of the workplace.
¨ Those who refused to improve (restore) their qualifications in their current profession (specialty), receive a related profession or undergo retraining after the end of the initial (12-month) period of unemployment, were fired more than once during one year preceding the onset of unemployment, for violation labor discipline and other guilty actions provided for by the legislation of the Russian Federation, previously engaged in entrepreneurial activity seeking to renew labor activity after a long break, also sent by the employment service authorities for training and expelled for guilty actions;
¨ registered with the employment service for more than 18 months, as well as more than three years not working;
¨ who applied to the employment service after the end of seasonal work.
The legislation also stipulates those situations in which work cannot be considered suitable for a citizen. This will not work if:
¨ it is associated with a change of residence without the consent of a citizen;
¨ working conditions do not comply with the rules and regulations on labor protection;
¨ the offered salary is lower than the average salary of a citizen, calculated for the last three months at the last place of work. This provision does not apply to citizens whose average monthly earnings exceeded the subsistence minimum for the able-bodied population (hereinafter referred to as the subsistence minimum), calculated in the constituent entity of the Russian Federation in the prescribed manner. In this case, a job cannot be considered suitable if the proposed salary is below the subsistence level calculated in the constituent entity of the Russian Federation in the prescribed manner.
What can be the maximum distance of a suitable job from the place of residence is established by the executive body of individual subjects of the Russian Federation. The maximum possible remoteness, first of all, depends on the specific settlement, because the level of development of its transport infrastructure, the number of population and other factors that affect transport accessibility are taken into account. It can be established by the city administration of the settlement where the citizen's registration is valid.
When selecting suitable vacancies, the transport accessibility of the workplace, as well as its maximum distance from work, is taken into account. According to general recommendations, the commute time should not exceed 90 minutes. For citizens who, based on the results of passing a medical and sanitary examination, were assigned a disability group, other standards have been developed regarding the transport accessibility of the place of work.
Important! The rules may be different if the employer provides employees vehicle. In this case, the delivery of personnel to the desired location must be provided in both directions.
- 90 minutes one way from residence for all citizens (general recommendation);
- 60 hours for minor citizens who have not reached the age of eighteen, as well as for women with children;
- 40 minutes for the disabled.
If there is no public or private transport by which the worker can get to the workplace (including fixed-route taxis), then the maximum distance between the place of residence of a citizen and his workplace cannot exceed 5 kilometers. If we are talking about the unemployed who are registered with the employment center to search for vacancies, then for them the boundary distance from the place of residence cannot exceed 1.5 kilometers.
The job offer is ineligible in one of the following cases:
- change of residence without obtaining the permission of the citizen himself (in some cases, the employer may offer the employee housing space for further employment, which must be provided for in the contract);
- working conditions, which include new vacancies, do not meet the standards of the Russian labor law(all working conditions must also be specified in the work contract);
- wage, which is offered to an employee at a new place, is less than the average monthly salary at his previous workplace.
With regard to the last point, wages for new job also cannot be less than the minimum wage established at the regional level or at the place of residence.
If an unemployed citizen presented to the labor exchange at the place of registration all Required documents, then in the absence of a suitable workplace after 10 days from the date of registration, the applicant receives the status of unemployed. In this case, a citizen can count on receiving unemployment benefits for six months before receiving a new position in the area where his registration is valid. The employment center at the place of residence may offer workers to retrain. If a person does not want to work on the vacancies received and does not gain new professional experience, then unemployment benefits will be terminated until re-registration.
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
On the procedure for registering citizens in order to find a suitable job, registering unemployed citizens and requirements for selecting a suitable job
Document as amended by:
(Official Internet portal legal information www.pravo.gov.ru, March 13, 2015, N 0001201503130029);
(Official Internet portal of legal information www.pravo.gov.ru, 08/10/2015, N 0001201508100037);
(Official Internet portal of legal information www.pravo.gov.ru, 04/05/2019, N 0001201904050010).
____________________________________________________________________
In accordance with Article 3 of the Law of the Russian Federation "On Employment in the Russian Federation", the Government of the Russian Federation
decides:
1. Approve the attached:
Rules for registering citizens in order to find suitable work;
Rules for registration of unemployed citizens;
job requirements.
2. To the Ministry of Labor and social protection Russian Federation to give explanations on the application of this resolution.
Prime Minister
Russian Federation
D.Medvedev
Rules for registering citizens in order to find suitable work
APPROVED
Government Decree
Russian Federation
dated September 7, 2012 N 891
1. These Rules govern the procedure for registering citizens who have applied to state institutions employment services for assistance in finding a suitable job (hereinafter referred to as citizens).
2. Citizens are subject to registration in order to find a suitable job, regardless of their place of residence in the Russian Federation, as well as their stay on the territory of the Russian Federation.
When registering, state institutions of the employment service carry out registration of citizens in order to find a suitable job (hereinafter referred to as registration), keeping a register of citizens registered in order to search for suitable work (hereinafter referred to as registered citizens), and deregistration of registered citizens .
3. Registration is carried out by state institutions of the employment service upon presentation by citizens of the following documents:
a) a passport of a citizen of the Russian Federation or a document replacing it;
b) for citizens belonging to the category of disabled people - an individual rehabilitation program for a disabled person, issued in the prescribed manner and containing a conclusion on the recommended nature and working conditions (hereinafter referred to as the individual rehabilitation program).
4. When registering, citizens may present, among other things, the following documents:
a) employment history or a document replacing it, and also employment contracts and service contracts;
b) documents on education, documents on education and qualifications, documents on qualifications, documents on training, documents on academic degrees and academic titles;
Decree of the Government of the Russian Federation of March 6, 2015 N 201.
c) certificate of average earnings for the last 3 months at the last place of work (service);
Decree of the Government of the Russian Federation of March 26, 2019 N 318.
d) documents confirming the termination by citizens of labor or other activities in accordance with the procedure established by the legislation of the Russian Federation;
e) documents confirming the inclusion of citizens in the category of those experiencing difficulties in finding a suitable job, provided for in Article 5 of the Law of the Russian Federation "On Employment in the Russian Federation".
5. Registration is carried out by entering state institutions of the employment service in the register of recipients public services in the area of employment individuals information contained in the documents submitted by citizens, as well as the date of the citizen's application to the specified institution, which is the date of registration.
6. When registering, citizens are notified in writing (against signature) that they are registered in order to find a suitable job in a state institution of the employment service.
7. For able-bodied citizens, with the exception of citizens provided for in paragraph 8 of these Rules, who applied to the employment service authorities at the place of residence, who do not have work and earnings, are looking for work and are ready to start it, when registering, state institutions of the employment service of the population set the date visits to select a suitable job within a period not exceeding 11 days from the date of presentation of the following documents:
(Subparagraph as amended, put into effect on March 21, 2015 by Decree of the Government of the Russian Federation of March 6, 2015 N 201.
(Subparagraph as amended, entered into force on April 13, 2019 by Decree of the Government of the Russian Federation of March 26, 2019 N 318.
e) for citizens belonging to the category of disabled people - an individual rehabilitation program.
8. Able-bodied citizens who are looking for a job for the first time (have not previously worked), do not have a profession (specialty), applied to the employment service authorities at their place of residence, ready to start work or vocational training in the direction of the employment service, when registering state institutions Employment services set the date of the visit for the selection of a suitable job within a period not exceeding 11 days from the date of presentation of the following documents:
a) passport;
b) document on education;
9. Information about the date set for the visit by registered citizens of state institutions of the employment service for the selection of suitable work is entered in the register of recipients of public services in the field of employment of the population - individuals. Registered citizens are notified in writing (against signature) of the date of visiting the specified institution to select a suitable job.
10. Upon receipt of information on vacant jobs and vacancies which are suitable for registered citizens, to these citizens in oral (telephone) or written (postal, Email) form, it is proposed to visit the indicated institutions within 3 days to select a suitable job.
11. When registered citizens visit state institutions of the employment service for the selection of suitable work, these state institutions carry out registration records subject to the presentation of the documents provided for in paragraph 3 of these Rules.
12. When registered citizens visit state institutions of the public employment service to select a suitable job, the information contained in the documents provided for in paragraph 4 of these Rules and the date of their presentation are entered in the register of recipients of public services in the field of public employment - individuals.
13. Registration of registered citizens is carried out in the register of recipients of public services in the field of employment of the population - individuals by entering the date of visit by citizens of state institutions of the employment service and information about offers of suitable work.
14. Deregistration of registered citizens is carried out by state institutions of the employment service in the following cases:
a) employment;
b) long-term (more than 1 month from the date of the last visit to the state institution of the employment service for the selection of a suitable job) absence from the state institution of the employment service;
c) sentence to correctional labor, as well as to punishment in the form of deprivation of liberty;
d) refusal to mediate the state institution of the employment service (on a personal written application of a citizen);
e) the death of a citizen.
15. Information on the date and reason for deregistration of registered citizens is entered in the register of recipients of public services in the field of employment of the population - individuals.
Rules for registering unemployed citizens
APPROVED
Government Decree
Russian Federation
dated September 7, 2012 N 891
1. These Rules govern the procedure for registering unemployed citizens.
2. When registering unemployed citizens, state institutions of the employment service of the population carry out registration, maintenance of registration records and deregistration.
3. Registration is subject to citizens registered in order to find a suitable job in accordance with the Rules for the registration of citizens in order to find a suitable job, approved by Decree of the Government of the Russian Federation of September 7, 2012 N 891 (hereinafter referred to as registered citizens), in respect of which state institutions of the employment service of the population, in the prescribed manner, decisions were made to recognize them as unemployed.
4. Registration of unemployed citizens is carried out by state institutions of the employment service upon presentation by the said citizens of the following documents:
a) a passport or a document replacing it;
b) a work book or a document replacing it;
c) documents on education, documents on education and qualifications, documents on qualifications, documents on training, documents on academic degrees and academic titles;
(Subparagraph as amended, put into effect on March 21, 2015 by Decree of the Government of the Russian Federation of March 6, 2015 N 201.
d) certificate of average earnings for the last 3 months at the last place of work (service);
(Subparagraph as amended, entered into force on April 13, 2019 by Decree of the Government of the Russian Federation of March 26, 2019 N 318.
e) for citizens belonging to the category of disabled people - an individual rehabilitation program for a disabled person, issued in the prescribed manner and containing a conclusion on the recommended nature and working conditions (hereinafter referred to as the individual rehabilitation program).
5. Registration of unemployed citizens who are looking for a job for the first time (previously not working), who do not have a profession (specialty), is carried out by state institutions of the employment service of the population upon presentation by these citizens of the following documents:
a) passport;
b) document on education;
c) for citizens belonging to the category of disabled people - an individual rehabilitation program.
6. State institutions of the employment service have the right to send requests, including to electronic form using unified system interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction connected to it, in order to confirm the accuracy of information and the authenticity of documents presented by registered citizens for recognition as unemployed, to the authorities state power, local governments, institutions and organizations.
7. Registration of unemployed citizens is carried out by entering into the register of recipients of public services in the field of employment of the population - individuals information about the recognition of these citizens as unemployed.
The procedure for maintaining registers of recipients of public services in the field of employment of the population (individuals and employers), including the procedure, terms and form for submitting information in them, is established by the Ministry of Labor and Social Protection of the Russian Federation.
8. When registering unemployed citizens, state institutions of the employment service of the population shall notify them in writing (against signature) of recognition as unemployed and registration.
9. Registration of unemployed citizens is not carried out if, in respect of registered citizens, state institutions of the employment service, in accordance with the established procedure, decide to refuse to recognize them as unemployed in the following cases:
a) refusal of a citizen from 2 options for a suitable job, including temporary work, within 10 days from the date of registration in order to find a suitable job;
b) two refusals of a citizen who is looking for a job for the first time (who has not previously worked) and at the same time does not have a profession (specialty), from receiving vocational training or from an offered paid job, including temporary work;
c) absence of a citizen without good reasons within 10 days from the date of registration in order to find a suitable job in a state institution of the employment service for the selection of a suitable job;
d) non-appearance of a citizen within the period established by state institutions of the employment service for the adoption of a decision on recognizing him as unemployed;
e) submission by a citizen of documents containing deliberately false information about the absence of work and earnings, as well as other unreliable data for recognizing him as unemployed.
10. Information on the date of the decision to refuse to recognize registered citizens as unemployed shall be entered in the register of recipients of public services in the field of employment of the population - individuals.
11. State institutions of the employment service shall notify registered citizens in writing (against signature) or in the form postal item on the refusal to recognize them as unemployed and to register them within 24 hours from the date of such a decision.
12. Upon presentation by registered citizens who did not appear within 10 days from the date of registration with state institutions of the employment service for the selection of suitable work, documents confirming the presence of valid reasons for non-appearance, these institutions take a decision on recognizing such citizens as unemployed and carry out the statement them for registration.
The list of documents confirming the presence of valid reasons for non-appearance is approved by the Ministry of Labor and Social Protection of the Russian Federation.
13. State institutions of the employment service of the population set the timing of visits for unemployed citizens (no more than 2 times a month) to select a suitable job for them.
14. Unemployed citizens who did not appear within the time limits established by state institutions of the employment service for the selection of suitable work may present documents confirming the presence of valid reasons for non-appearance.
15. The maintenance of registration records of unemployed citizens, with the exception of unemployed citizens provided for in paragraph 16 of these Rules, is carried out when the said citizens visit state institutions of the employment service to select a suitable job, subject to the presentation of the following documents:
a) a passport or a document replacing it;
b) a work book or a document replacing it;
c) for citizens belonging to the category of disabled people - an individual rehabilitation program.
16. The registration of unemployed citizens who are looking for work for the first time (have not previously worked), who do not have a profession (specialty), is carried out when the said citizens visit state institutions of the employment service to select a suitable job, subject to the presentation of the following documents:
a) passport;
b) document on education;
c) for citizens belonging to the category of disabled people - an individual rehabilitation program.
17. Registration of unemployed citizens is carried out in the register of recipients of public services in the field of employment of the population - individuals by entering the date of visit by citizens of state institutions of the employment service and information about offers of suitable work.
18. Unemployed citizens are notified in writing (against signature) of the date of the next visit to the state institution of the employment service for the selection of a suitable job.
19. When unemployed citizens visit state institutions of the employment service to select a suitable job, the information contained in the documents, including those related to previous employment, confirming their classification as citizens experiencing difficulties in finding a suitable job, documents on education and (or ) qualifications, on academic degrees and (or) academic titles, on training and in other documents, as well as the date of their presentation, are entered in the register of recipients of public services in the field of employment of the population - individuals.
Decree of the Government of the Russian Federation of March 6, 2015 N 201.
20. Deregistration of unemployed citizens is carried out by state institutions of the employment service in the following cases:
a) recognition of a citizen as employed on the grounds provided for in Article 2 of the Law of the Russian Federation "On Employment in the Russian Federation";
b) passing vocational training or receiving additional professional education in the direction of state institutions of the employment service with the payment of scholarships;
(Subparagraph as amended, put into effect on March 21, 2015 by Decree of the Government of the Russian Federation of March 6, 2015 N 201.
c) long-term (more than 1 month from the date of the last visit to the state institution of the employment service for registration and selection of suitable work) failure to appear at the state institution of the employment service without good reason;
d) moving, relocation to another area;
e) an attempt to receive or receive unemployment benefits fraudulently;
f) sentence to correctional labor, as well as to punishment in the form of deprivation of liberty;
g) the appointment of a pension provided for in paragraph 2 of Article 32 of the Law of the Russian Federation "On Employment in the Russian Federation", or the appointment of an old-age insurance pension, including ahead of schedule, or the appointment of an old-age pension or a seniority pension for state pension provision;
(Subparagraph as amended, put into effect on August 18, 2015 by Decree of the Government of the Russian Federation of August 4, 2015 N 790.
h) refusal to mediate the state institution of the public employment service (on a personal written application of an unemployed citizen);
i) death of an unemployed citizen.
21. Information on the date and reason for deregistration of unemployed citizens is entered into the register of recipients of public services in the field of employment of the population - individuals.
22. State institutions of the employment service of the population shall notify unemployed citizens in writing in the form of a postal item about their deregistration within 3 days from the date of deregistration.
Job Requirements
APPROVED
Government Decree
Russian Federation
dated September 7, 2012 N 891
1. This document defines the requirements for the selection of citizens registered in order to find suitable work (hereinafter referred to as registered citizens), and unemployed citizens of suitable work.
2. The selection of a suitable job for registered citizens and unemployed citizens is carried out on the basis of information about vacancies and vacant positions contained in the register of recipients of public services in the field of employment of the population - employers.
3. The selection of a suitable job is carried out taking into account the profession (specialty), position, type of activity, level of education and qualifications , experience and work skills, the amount of average earnings calculated over the last 3 months at the last place of work (service) of the citizen, the conclusion on the recommended nature and working conditions, transport accessibility of the workplace, as well as the requirements of the employer to the candidacy of the employee contained in the information on vacancies and vacant positions.
(Clause as amended, put into effect on March 21, 2015 by Decree of the Government of the Russian Federation of March 6, 2015 N 201 by Decree of the Government of the Russian Federation of March 26, 2019 N 318.
4. Registered citizens who did not submit documents confirming the level of education and qualifications , experience and work skills when registering, are issued offers of paid work contained in the register of recipients of public services in the field of employment of the population - employers, including temporary work that does not require preliminary training that meets the requirements of the labor legislation of the Russian Federation and other regulatory legal acts containing labor law norms, taking into account the transport accessibility of the workplace, as well as the requirements of the employer for the candidacy of the employee contained in the information on vacancies and vacant positions.
(Paragraph as amended, entered into force on March 21, 2015 by Decree of the Government of the Russian Federation of March 6, 2015 N 201.
5. When selecting a suitable job, the transport accessibility of the workplace is determined taking into account the maximum distance of a suitable job from the place of residence of registered citizens and unemployed citizens.
6. For registered citizens who have registered within 12 months after dismissal for any reason, work is considered suitable, including temporary work, which corresponds to the professional suitability of the employee, taking into account the level of his qualifications , the conditions of the last place of work (service), with the exception of paid public works, as well as the state of health of citizens and the transport accessibility of the workplace.
(Item as amended, entered into force on March 21, 2015 by Decree of the Government of the Russian Federation of March 6, 2015 N 201; as amended by Decree of the Government of the Russian Federation of March 26, 2019 N 318.
7. For registered citizens who are looking for a job for the first time (have not previously worked), having a profession (specialty), registered within 12 months after graduation in organizations engaged in educational activities , suitable work is considered, including work of a temporary nature, which corresponds to the profession (specialty), taking into account the level of qualification , the state of health of citizens and the transport accessibility of the workplace.
(Paragraph as amended, entered into force on March 21, 2015 by Decree of the Government of the Russian Federation of March 6, 2015 N 201.
8. Registered citizens who are looking for a job for the first time, who have not previously worked and at the same time do not have a profession (specialty), are issued no more than 2 offers for vocational training or referrals to paid work, including temporary work, requiring or not requiring (taking into account age and other characteristics of citizens) preliminary training that meets the requirements of the labor legislation of the Russian Federation and other regulatory legal acts containing labor law norms.
(Paragraph as amended, entered into force on March 21, 2015 by Decree of the Government of the Russian Federation of March 6, 2015 N 201.
9. Paid work, including temporary work and public works, requiring or not requiring (taking into account the age and other characteristics of citizens) preliminary training, which meets the requirements of the labor legislation of the Russian Federation and other regulatory legal acts containing labor law norms, is considered suitable for registered citizens and unemployed citizens:
a) dismissed more than once during the year preceding the onset of unemployment, for violation of labor discipline or other guilty actions provided for by the legislation of the Russian Federation;
b) those who have ceased individual entrepreneurial and other activities, who have left the members of the peasant (farm) economy in the manner prescribed by the legislation of the Russian Federation;
c) seeking to resume labor activity after a long (more than 1 year) break;
d) sent by state institutions of the employment service for training and expelled for guilty actions;
e) those who refused to improve (restore) their qualifications in their current profession (specialty), get a related profession, or pass professional education or get more professional education after the end of the prescribed period for the payment of unemployment benefits;
(Subclause as amended, entered into force on March 21, 2015 by Decree of the Government of the Russian Federation of March 6, 2015 N 201; as amended by Decree of the Government of the Russian Federation of March 26, 2019 N 318.
f) registered with state institutions of the employment service for more than 12 months;
(Subparagraph as amended, entered into force on April 13, 2019 by Decree of the Government of the Russian Federation of March 26, 2019 N 318.
g) who have not worked for more than 3 years;
h) who applied to state institutions of the employment service after the end of seasonal work.
10. When selecting a suitable job for registered citizens and unemployed citizens, it is not allowed:
a) the offer of the same job option twice, and for citizens who are looking for a job for the first time, who have not previously worked and do not have a profession (specialty), the offer of the same option professional training or additional professional education twice;
(Subparagraph as amended, put into effect on March 21, 2015 by Decree of the Government of the Russian Federation of March 6, 2015 N 201.
b) sending to workplaces without taking into account the development of a public transport network that ensures transport accessibility of the workplace;
c) an offer of work that is associated with a change in the place of residence of citizens without their consent;
d) an offer of work, the working conditions of which do not comply with the rules and regulations on labor protection;
e) a job offer, the salary for which is lower than the average salary calculated for the last 3 months at the last place of work (service) of citizens. For citizens whose average monthly earnings exceeded the subsistence level of the able-bodied population, calculated in the constituent entity of the Russian Federation in accordance with the established procedure, a job cannot be considered suitable if the proposed earnings are lower than the subsistence minimum calculated in the constituent entity of the Russian Federation in accordance with the established procedure.
(Subparagraph as amended, entered into force on April 13, 2019 by Decree of the Government of the Russian Federation of March 26, 2019 N 318.
11. For registered citizens and unemployed citizens with several professions (specialties), the selection of a suitable job is carried out taking into account the available professions (specialties), qualification level , experience and work skills.
(Paragraph as amended, entered into force on March 21, 2015 by Decree of the Government of the Russian Federation of March 6, 2015 N 201.
12. When a suitable job is offered to registered citizens and unemployed citizens, job referrals are issued. Candidates of citizens, if they agree to a suitable job, are agreed with employers.
Registered citizens and unemployed citizens are issued no more than 2 job referrals at the same time.
13. In the absence of suitable work, registered citizens and unemployed citizens, with their consent, may be offered:
a) referral to work in a related profession (specialty);
b) referral for participation in paid public works;
c) participation in job fairs and training jobs;
d) professional orientation for the purpose of choosing a field of activity (profession), employment and vocational training;
e) sending for temporary employment unemployed citizens who experience difficulties in finding a job, unemployed citizens aged 18 to 20 years old, with a secondary vocational education, who are looking for work for the first time.
(Subparagraph as amended, put into effect on March 21, 2015 by Decree of the Government of the Russian Federation of March 6, 2015 N 201.
14. Minor registered citizens between the ages of 14 and 18 may be offered temporary employment during their free time from studies.
15. Candidates of registered citizens and unemployed citizens in case of their consent to work in a related profession (specialty) or participation in paid public works and temporary employment are agreed with employers.
Revision of the document, taking into account
changes and additions prepared
CJSC "Kodeks"
Since the acquisition and preservation of the status of the unemployed is associated with such concepts as suitable and unsuitable work, we will dwell on them in more detail.
In accordance with Article 4 of the Law "On Employment in the Russian Federation", such work is considered suitable, including temporary work, which corresponds to the professional suitability of the employee, taking into account the level of his professional training, the conditions of the last place of work (with the exception of paid public works), health status, transport accessibility of the workplace.
Transport accessibility is the maximum distance of a suitable job from the place of residence of the unemployed, which is determined by the relevant local government, taking into account the development of the public transport network in the area.
Paid work (including temporary work and public works), requiring or not requiring (taking into account the age and other characteristics of citizens) preliminary training that meets the requirements of the labor legislation of the Russian Federation, is considered suitable for citizens:
- * first-time job seekers (who have not worked before), who do not have a profession (specialty), who were fired more than once during one year preceding the onset of unemployment, for violation of labor discipline and other guilty actions provided for by the legislation of the Russian Federation, who were previously engaged in entrepreneurial activities, seeking resume labor activity after a long (more than one year) break, as well as those sent by the employment service for training and expelled for guilty actions;
- * those who refused to improve (restore) their qualifications in their current profession (specialty), obtain a related profession or undergo retraining after the end of the initial (12-month) period of unemployment;
- * registered with the employment service for more than 18 months, as well as more than three years not working;
- * applied to the employment service after the end of seasonal work. A job may not be considered suitable if:
- * it is associated with a change of residence without the consent of the citizen;
- * working conditions do not comply with the rules and regulations on labor protection;
- * the offered salary is lower than the average salary of a citizen, calculated for the last three months at the last place of work. This provision does not apply to citizens whose average monthly earnings exceeded the subsistence level of the able-bodied population, calculated in the constituent entity of the Russian Federation in the prescribed manner. In this case, a job cannot be considered suitable if the salary offered is below the specified living wage.
- 3) Rights and obligations of the unemployed
In addition to defining the concept, the legal status of the unemployed includes his rights and obligations, responsibility for improper performance or non-performance of duties, as well as social guarantees and compensations provided by law in order to provide an unemployed citizen with the opportunity to exercise the rights granted.
The Employment Law enshrines a wide range of rights of citizens duly recognized as unemployed, which can be conditionally divided into two groups: the powers aimed at exercising the right to freely dispose of their abilities for work, choose the type of activity and profession, and the powers that ensure social support and financial assistance to the unemployed during the period of job search.
Right to work can be implemented in various ways and includes the following powers of the unemployed:
- * the right to assistance in finding a suitable job (Article 4 of the Employment Law);
- * the right to choose a place of work (Article 8 of the Law on Employment), including the possibility of employment in another area, as well as the right to professional activity outside the territory of the Russian Federation (Article 10 of the Law on Employment);
- * the right to free vocational guidance, vocational training, retraining and advanced training in the direction of the employment service (Article 9, 23 of the Law on Employment);
- * the right to participate in public paid work (Article 24 of the Employment Law);
- * the right to receive assistance in organizing their own business.
Powers that provide social support and material assistance to the unemployed during the job search period are also enshrined in the Employment Law and provide for the possibility for the unemployed to receive the following social guarantees and compensations:
- * unemployment benefit (art. 30-35 of the Employment Law);
- * scholarship for the period of study in the direction of the employment service (Article 29 of the Law on Employment);
- * material assistance to the unemployed and their families (Article 36 of the Employment Law);
- * Organization of recreation and treatment of children of unemployed citizens;
- * reimbursement of expenses in connection with a voluntary relocation to another locality for employment at the suggestion of the employment service authorities (paragraph 5, clause 1, article 28 of the Employment Law);
- * payment of the cost of travel (to the place of study and back) and expenses associated with the residence of citizens sent by the employment service for vocational training, advanced training or retraining in another area (clause 8, article 29 of the Employment Law). important social guarantee also serves as a preferential procedure for calculating seniority. The time during which a citizen, in accordance with the procedure established by law, receives unemployment benefits, a scholarship, takes part in paid public works, the time required to move to another locality and find employment in the direction of the employment service, as well as a period of temporary disability, maternity leave and childbirth, conscription for military training, involvement in activities related to preparation for military service, with the performance of state duties, does not interrupt the seniority and is counted in the total labor and insurance experience.
Concerning duties of the unemployed then in general view they can be formulated as conscientiousness and discipline.
Seeking assistance in public service employment, a citizen must provide certain information about himself and his family. Based on this information, a decision is made to recognize the citizen as unemployed and assign him unemployment benefits. If the unemployed acted in bad faith and received benefits fraudulently, then the payment of unemployment benefits may be terminated with simultaneous deregistration as unemployed. The same consequences may be entailed by the failure of the unemployed to report to the employment service information about their employment (even if it is temporary or on a part-time basis).
The requirement of discipline lies at the heart of the interaction between the employment service agency and the unemployed: he must regularly, at least twice a month, re-register with the employment service; notify in advance of a long-term (more than one month) absence from the place of registration as unemployed; appear at the employment service authorities to receive a job (study) referral and to negotiate employment with the employer within three days from the date of referral by the employment service authorities; the unemployed person either accepts the offered suitable job, or attends classes and successfully completes a training course referred by the employment service.
In addition, the unemployed is obliged to appear at the employment service in a sober state, since the appearance of the unemployed for re-registration in a state of intoxication entails appropriate sanctions from the employment service.
Failure to fulfill the duties assigned to the unemployed entails measures of responsibility, provided by law about employment. These liability measures can be both traditional, civil law (collection of unfairly received unemployment benefits in court), criminal law (bringing to account under Article 159 of the Criminal Code of the Russian Federation for fraud), and specific, inherent only in these legal relations. Such specific measures include: suspension of the payment of unemployment benefits for up to three months, reduction of its size by 25% for up to one month, and, as the most severe punishment, deprivation of the status of unemployed with the simultaneous termination of the payment of unemployment benefits.
unemployed able-bodied citizens are recognized who do not have a job and earnings, are registered with the employment service in order to find a suitable job, are looking for a job and are ready to start it. At the same time, payments of severance pay and retained average earnings to citizens dismissed in connection with the liquidation of the organization or the termination of activities are not taken into account as earnings. individual entrepreneur, reduction in the number or staff of employees of the organization, individual entrepreneur.
Legal status unemployed is a set of his rights and obligations. In ch. II of the Employment Law defines a list of basic (statutory) rights of the unemployed, for some of them, as well as obligations, are enshrined in other chapters (for example, the right to unemployment benefits).
So, the unemployed has the right:
- - to choose a place of work by directly contacting the employer, or through the free mediation of the employment service, or with the help of other organizations to assist in the employment of the population;
- – free consultation and free receipt of information and services related to vocational guidance in the employment service in order to choose the field of activity (profession), employment, opportunities for vocational training and additional professional education;
- - free receipt of services to assist in moving and resettlement to another area for employment, psychological support, vocational training and additional professional education in the direction of the employment service;
- - free medical examination when sent by the employment service to undergo vocational training or receive additional professional education;
- - independent search for work and employment outside the territory of the Russian Federation;
- – appeal against the decision, actions or inaction of the employment service bodies and their officials to the higher body of the employment service, as well as to the court in the manner prescribed by the legislation of the Russian Federation;
- - social support in the form of:
- a) payment of unemployment benefits, including during the period of temporary disability;
- b) payment of scholarships during the period of vocational training and additional professional education in the direction of the employment service, including during the period of temporary disability;
- c) material assistance during the period of vocational training and additional vocational education in the direction of the employment service, including in connection with the expiration of the established period for the payment of unemployment benefits;
- d) a pension assigned at the suggestion of the employment service authorities for the period before the onset of the age giving the right to establish an old-age labor pension, including an early fixed old-age labor pension;
- e) providing an opportunity to participate in paid public works.
The unemployed must:
- – appear at the employment service for re-registration at least once a month;
- - participate after a three-month period of unemployment in paid work or undergo training in the direction of the employment authorities (for persons specified in the law);
- - appear for negotiations on employment with the employer within three days from the date of referral by the employment service;
- - to come to the employment service to receive a job (study) referral;
- – report to the employment service body about self-employment, enrollment in full-time education, call for military service(fees);
- - choose one of the options of a suitable job offered by the employment service.
When defining the concept of "unemployed" and in the process of finding work for citizens, in practice, difficulties may arise with its qualification as suitable and unsuitable. The Employment Act clearly regulates these types of work. The definition of "suitable work" is contained in Art. 4 of the Employment Act.
Suitable such work is considered, including work of a temporary nature, which corresponds to the professional suitability of the employee, taking into account the level of his professional training, the conditions of the last place of work (with the exception of paid public works), health status, transport accessibility of the workplace. At the same time, the maximum distance of a suitable job from the place of residence of the unemployed is determined by the relevant body of the employment service, taking into account the development of the public transport network in the area.
Paid work, including temporary work and public works, requiring or not requiring (taking into account the age and other characteristics of citizens) preliminary training, which meets the requirements of the labor legislation of the Russian Federation, is considered suitable for citizens:
- - for the first time looking for work, without a profession (specialty);
- - dismissed more than once during one year preceding unemployment, for violation of labor discipline and other guilty actions specified in the legislation;
- - previously engaged in labor activity and seeking to resume labor activity after a long (more than a year) break;
- - sent by the employment authorities for training and expelled for guilty actions;
- – those who refused to undergo vocational training or receive additional vocational education after the end of the first period of payment of unemployment benefits;
- - registered with the employment authorities for more than one and a half years, as well as not working for more than three years;
- - applied to the employment authorities after the end of seasonal work.
Not considered suitable work:
- - if it is associated with a change of place of residence without the consent of the citizen;
- - if the working conditions for the proposed work do not comply with the rules and regulations on labor protection;
- – if the offered salary is lower than the average salary of the applicant at the last place of work. At the same time, the maximum limit of average earnings is limited by the subsistence level of the able-bodied population in a constituent entity of the Russian Federation.