Report - Legal status of the unemployed 2

Basic rights

The rights of an unemployed person arise only after his status is recognized. A person is required to register at the Employment Center at his place of residence. From this moment on, he is vested with the rights:

Use the intermediation of the Employment Service in the matter of job search free of charge.
Receive information about available vacancies from Employment Center employees.
Be sent to training courses from the Employment Service free of charge.
Take part in community service on a voluntary basis. They are paid.
Receive advice from Employment Center employees regarding vocational guidance in order to choose a field of work and further placement in a place of work.
Receive benefits from the state. This is money that is paid according to a certain scheme and supports a person financially during a period of unemployment.

The applicant has the right to receive services from the Employment Center free of charge:

Professional training.
Psychological support for job seekers.
Training.
Retraining (professional).

In addition, the applicant can apply for assistance in organizing his own business. We are talking about a sum of money paid for the establishment of entrepreneurial activity in a lump sum. A special commission is created whose powers include reviewing the business plan presented by the applicant. This right can be used by citizens who have work experience, as well as persons who have just graduated from educational institutions.

Responsibilities and rights of the unemployed

But the unemployed, in addition to their powers, have a number of responsibilities. When applying for assistance from the state employment service, a citizen is obliged to provide certain information about himself and his family. Based on this information, a decision is made to recognize the citizen as unemployed and to assign him unemployment benefits.

The right of citizens to work can be realized both by direct contact with employers and through the free mediation of the employment service. In the first case, it is carried out by concluding an employment agreement (contract).

In the second case, citizens’ appeal to the employment service gives rise to the obligation of the relevant government bodies to register the citizen as unemployed and provide him with mediation services in finding a suitable job.

It is in this second sense that the right to employment acquires the character of a subjective right, constituting the legal status of the unemployed.

Rights and responsibilities of the unemployed

It is in this second sense that the right to employment acquires the character of a subjective right, constituting the legal status of the unemployed.11 Slesinger G.E. Labor in a market economy. M. 2006 p. 88

Failure of an unemployed person to fulfill the duties assigned to him entails penalties provided for by the Employment Law.

These measures of liability can be either traditional, civil law (collection in court of unemployment benefits received in bad faith), or specific, inherent only to a given legal institution.

Such specific measures include suspension of unemployment benefit payments for up to three months, reduction of its amount by 25% for up to one month, and, as the most severe penalty, deprivation of unemployment status with simultaneous termination of unemployment benefits.

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passing a career guidance test;
retraining for another specialty;
improving existing qualifications;
lack of job offers implies payment of unemployment benefits;
compensation if it is necessary to change your place of residence to obtain a position;
free medical care, as well as registration of a medical record upon employment.

Labor law clearly regulates the list of rights and obligations of those who are officially considered unemployed. By definition, this is an able-bodied citizen who has no income, is registered with the employment center, is actively looking for work and is ready to start work.

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Rights and responsibilities of the unemployed in the Republic of Belarus

A state labor inspector, while inspecting one of the chemical industry enterprises, discovered a number of violations. Thus, workers were involved in overtime work by order of the shop manager without their consent. The work was carried out on faulty equipment that threatened the life and health of workers.

Responsibilities of the unemployed

They must be strictly followed. Otherwise, a person may lose his unemployed status, and therefore all the rights that he is entitled to.

Responsibilities of the unemployed:

A person is required to come to the Employment Center on the appointed day and time. There he undergoes re-registration. You must have documents on hand. The procedure takes place twice a month.
Actively look for work. These actions consist of requiring consideration of each vacancy offered by the Employment Center. Refusal must be motivated.
In case of illness, you must issue a sick leave certificate.
Promptly inform employees of the authorized body about circumstances that deprive the applicant of the right to receive benefits. For example, this could be moving to another place. As well as retirement and independent employment.
Come to negotiations with the employer if the Employment Service provides free vacancies. Three days are allotted for this. If an applicant does not show up for an interview, this may be considered a violation.

IMPORTANT: failure to comply with duties results in liability.

How to get a subsidy from the budget

If your organization meets all of the above criteria and there are vacancies in the state, you can try to get a subsidy according to the Resolution dated March 13, 2021.

The first step is to submit an application to the employment service and join the special register of the Federal Social Insurance Fund of Russia.

Read more about the program and step-by-step registration for participation in it on the official “Work in Russia” portal.

Apply for a government service to assist in personnel selection using the link. It will need to be accompanied by a list of vacant positions and available jobs.
The employment service will select suitable options from among those unemployed citizens who are already registered.
Next, your organization needs to hire one of them (on a full-time basis and at a salary no less than the minimum wage).
The next step is to submit an application for reimbursement of costs to the Federal Social Insurance Fund of Russia. This can be done on the official website of the fund - following the link.

Deadlines for applying to the FSS of the Russian Federation:

no earlier than 1 month after the conclusion of an employment contract with an unemployed person and (or) the actual start of his work duties and
no later than November 1, 2021.

Features of registration and registration

Registration is carried out at the Employment Center at the place of registration of the applicant. A person must bring documents with him, the list of which depends on whether or not he has work experience.

For those who worked:

passport;
employment history;
diploma;
document on average earnings (for the last 3 months of work);
for disabled people – a rehabilitation program.

For those who have not worked before and do not have a specialty:

passport;
diploma or other educational document;
for disabled people – a rehabilitation program.

The decision to register a person as unemployed is made no later than 11 days from the date of application, if the Employment Center is not yet able to offer the person a suitable vacancy.

Preparing for employment

The rights and responsibilities of unemployed citizens are realized through preparation for their placement in a place of work. The Employment Service is obliged to provide a person with all opportunities to get a job. For this purpose, a citizen can be sent to training courses and retraining. The choice of profession is made by a person independently.

What guarantees do the unemployed have?

The scope of the rights of the unemployed is realized in the guarantees provided to them. An exhaustive list is presented in Art. Law 28:

Payments of unemployment benefits. This is a guarantee of financial security for citizens. The amount depends on the average earnings at the last place of work, as well as on length of service.
A scholarship that is paid if the applicant has been sent for training. Payment is made throughout the entire period.
Payment for public works. A person takes part in them, but only on a voluntary basis. You can receive money at the same time as unemployment benefits.
Medical check of the citizen, if required when applying for a new job.
Financial support for the unemployed, as well as his family members.
Reimbursement of expenses incurred by the applicant when moving to another area. But provided that the person was sent to work by the Employment Center.
Reimbursement of expenses incurred by the unemployed while studying in another area. Expenses typically include travel and accommodation.

The rights of unemployed citizens in the Employment Center are completed when they find a place of work.
In this case, work activity of any nature is taken into account. This work may be temporary, seasonal, part-time, or under a contract. And also full-time, according to the employment contract signed between the person and the employer. From this moment on, the citizen’s unemployed status will be removed. If he loses his job again, he has the right to re-apply to the Employment Center. Order a free legal consultation

Information for the public

In accordance with the Federal Law “On Employment in the Russian Federation,” the state guarantees unemployed citizens:

— The right to choose a place of work through the employment service or by directly contacting the employer;

— The right to free consultation, information and services related to vocational guidance;

— The right to psychological support;

— The right to vocational training, retraining and advanced training as directed by the employment service;

— The right to professional activity outside the territory of the Russian Federation.

Unemployed citizens are obliged:

- actively look for work (including regularly visiting the information room between mandatory (assigned at least 2 times a month) re-registrations).

— comply with the conditions and terms of re-registration as an unemployed person;

- visit the employer on the issued work assignment within 3 working days from the date of receipt of the assignment (in this case, the first day of this period is considered to be the working day following the day the work assignment is issued);

- inform the employment center about your employment (INCLUDING INDEPENDENT, TEMPORARY, SEASONAL, UNDER A CIVIL AGREEMENT, etc.), about registration of an individual entrepreneur, about becoming one of the founders of organizations and about other forms of employment, assignment of a pension, etc. .d.

REMEMBER:

Simultaneous receipt of unemployment benefits and income from labor or other income-generating activities, even temporary (with the exception of wages received from participation in public works without being deregistered as unemployed), is fraud and is punishable by law!

Unemployed citizens who did not appear for re-registration as unemployed within the time period established by the employment center may present supporting documents to confirm valid reasons for non-appearance (for example: a certificate of incapacity for work; a summons to undergo a medical examination when conscripted for military service, for military training, involvement in events, related to preparation for military service; documents confirming the death of close relatives (death certificate and documents confirming relationship); documents confirming departure from the place of permanent residence in connection with training in organizations engaged in educational activities, in full-time and part-time forms of education and other documents required by law).

In order to avoid violation of the re-registration deadlines, the citizen’s appearance must take place no later than the working day following the end of the period for which the supporting document was submitted

Payment of unemployment benefits may be suspended for up to 3 months. in cases:

refusal during the period of unemployment from 2 options for suitable work;
refusal, after a 3-month period of unemployment, to participate in paid public works or to send for training by the employment service bodies citizens seeking work for the first time (who have not previously worked) and who do not have qualifications, seeking to resume working activity after a long (more than one year) ) break;
the appearance of an unemployed person for re-registration in a state of intoxication caused by the use of alcohol, drugs or other intoxicating substances;
dismissal from the last place of work (service) for violation of labor discipline and other guilty actions provided for by the legislation of the Russian Federation, as well as expulsion of a citizen sent for training by the employment service from the place of training for guilty actions;
violation by an unemployed person without good reason of the conditions and terms of his re-registration as an unemployed person (suspension of payment of unemployment benefits is carried out from the day following the day of the last appearance of the unemployed person for re-registration);
unauthorized termination by a citizen of training in the direction of the employment service.

The period for which the payment of unemployment benefits is suspended is counted towards the total period of payment of unemployment benefits.

The amount of unemployment benefit may be reduced by 25% for up to 1 month in the following cases:

FAILURE to appear without good reason for employment negotiations with the employer within 3 working days from the date of referral by the employment center;
REFUSAL, without good reason, to appear at the employment service to receive a referral to work (training).

Payment of unemployment benefits is not made during the periods:

maternity leave;
departure of an unemployed person from his place of permanent residence in connection with training in professional educational organizations, educational organizations of higher education and organizations of additional professional education on part-time or part-time basis
calling up the unemployed for military training, involving them in activities related to preparation for military service and the performance of government duties.

These periods do not count towards the total period of payment of unemployment benefits and extend it.

Payment of unemployment benefits is terminated with simultaneous deregistration as unemployed in the following cases:

recognition of a citizen as employed on the grounds provided for in Article 2 of the Employment Law;
undergoing vocational training or receiving additional vocational education in the direction of the employment service with the payment of a scholarship;
long-term (more than a month) absence of an unemployed person from the employment service without good reason;
moving or relocating an unemployed person to another area;
attempts to obtain or receive unemployment benefits fraudulently;
sentencing a person receiving unemployment benefits to correctional labor, as well as to punishment in the form of imprisonment;
assignment of a pension provided for in paragraph 2 of Article 32 of the Law on Employment, or assignment of an old-age insurance pension (including early), or assignment of an old-age pension or long-service pension under state pension provision;
refusal of mediation by employment service authorities (upon a personal written application from a citizen);
death of an unemployed person.

What is a SUITABLE JOB?

Such work is considered suitable, including work of a temporary nature, 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 (with the exception of paid public works), health status, and transport accessibility of the workplace.
Paid work, including temporary work and public works, which requires or does not require (taking into account the age and other characteristics of citizens) preliminary training, meeting the requirements of labor legislation and other regulatory legal acts containing labor law norms, is considered suitable for citizens:
those looking for work for the first time (who have not previously worked) and who do not have qualifications;
dismissed more than once within one year preceding the start of unemployment, for violation of labor discipline or other guilty actions;
those who have ceased individual entrepreneurial activity or left the members of a peasant (farm) enterprise in the manner established by the legislation of the Russian Federation;
those seeking to resume work after a long (more than 1 year) break;
sent by the employment center for training and expelled for guilty actions;
those who refused to undergo vocational training or receive additional vocational education after the end of the 1st period of unemployment benefits;
registered with the employment center for more than 18 months;
have not worked for more than 3 years;
who applied to the employment service after the end of seasonal work.

A job cannot be considered suitable if:

it is associated with a change of residence without the consent of the citizen;
working conditions do not comply with labor protection rules and regulations;
the proposed salary is below the average citizen’s earnings calculated over the last 3 months at the last place of work.

This provision does not apply to citizens whose average monthly earnings exceeded the subsistence level of the working population in the Republic of Crimea. In this case, a job cannot be considered suitable if the salary offered is below the subsistence level.

ATTENTION: For citizens who have several professions (specialties), the selection of a suitable job is carried out for each of them!

REMEMBER: Citizens are given no more than 2 job !

Legal status of the unemployed in 2021 - labor, concept, responsibilities, benefits

There is a problem of unemployment in the Russian Federation. And in this area, all possible regulatory options are applied. Because this is the only way to understand the cause of this phenomenon and help eliminate it.

The legal status of the unemployed in Russia in 2021 has a number of features that need to be taken into account by those who temporarily do not have a job. Otherwise, his rights will be limited, and he will not be able to receive a number of social benefits.