When a citizen applies for help in finding a job, he wants to get a job that corresponds to the profession or specialty received by the citizen.

Also, the work provided must be suitable to meet the requirements of general accessibility, health status. Otherwise, the citizen has every right to refuse such work, and the employment service must start looking for another suitable job.

In this article:

Conditions for a suitable job

When providing work to a citizen in need of employment, it must be suitable taking into account the following criteria:

• Comply with his professional suitability
• Have similar working conditions at the last place where the citizen performed labor functions
• The state of health that allows one or another type or amount of work to be performed must be taken into account.
• Availability of transport accessibility to the place of work, while the maximum availability is determined by the employment service independently

If the submitted work does not meet the above criteria, then the citizen has every right to refuse this work. It is possible to refuse a suitable job twice, after which you can lose the status of unemployed, but this does not apply to work that is considered unsuitable for him.

A job that cannot be considered suitable

There are a number of conditions under which a citizen may refuse to work, as it will be considered unsuitable:

Firstly, if he demands to change the permanent place of residence of a citizen without his consent.

Secondly, the work performed will not comply with generally established labor rules and labor protection standards.

Thirdly, if the proposed work will be paid below average wages, which the citizen received earlier at work.

Thus, it is possible to demand the provision of other work that will satisfy the citizen and not fall under the conditions of unsuitable work.

The purpose of state support is to provide an opportunity to work, but at the same time not to cause discomfort in the implementation labor function.

State support of citizens in employment and employment

A citizen, having the right to work, can realize it only with the necessary support from the state. Governmental support expressed in the form of guarantees in employment and employment.

State guarantees consist in the development of programs that increase the mobility of the labor market and its national protection.

Employment is designed to give equal opportunities to all citizens who are able to work and contribute to society. The state provides support and development of small business, which includes persons wishing to engage in entrepreneurial activity.

In the process of finding a job, the state guarantees the unemployed to receive unemployment benefits.

While a citizen is registered with the employment service, the insurance period is not calculated for the entire period of registration.

The amount of the benefit paid to the unemployed is constantly subject to indexation, taking into account changes in the standard of living of the population. Each region provides an additional coefficient to the minimum allowance.

In the process of employment, a citizen has the right to receive qualified assistance from specialists in the field of labor, receive advice, and be able to receive professional education.

Also, if a citizen is completely satisfied with the job provided, but it is associated with moving to a new place of residence, the citizen has the right to assistance from the employment service in relocating to a new place of residence.

“To live is good,” some say. “And living well is even better,” others add. And with this, as they say, you can not argue. But anything can happen in life, and it is also obvious that, having lost your job, you can no longer talk about well-being. Just to survive! Unfortunately, in the conditions of market relations, almost no one is insured against the loss of a job. Where do you need to apply, what documents to prepare, what payments are due? These questions are often addressed to personnel officers, and in a difficult situation it is so important to give competent recommendations and advice. Our article will help you understand these issues and, if necessary, provide assistance to those employees who, for any reason, leave your organization, and find new job they cannot do it on their own.

Unemployment is one of the global socio-economic problems of our time. For Russian society, in which for a long period unemployment was not officially recognized, and the distribution labor resources in order to maintain full employment took place administratively, this problem is relatively new. However, this does not reduce its severity.

By the way

Unemployment(eng. - unemployment) - a socio-economic phenomenon in which part of the labor force (able-bodied, economically active population) does not find application for their labor, does not get a job. Unemployment reflects the discrepancy between the supply of labor and the demand for it in the labor market, their quantitative and qualitative discrepancy. Now the unemployment rate in Russia is even lower than before the crisis - in the fall of 2008. Contemporary Issues of the global economy should not have a significant impact on the labor market in Russia. The total number of unemployed in the country for six months decreased by 1.2 million people: from 5.8 million people in January of this year to 4.6 million in June, or from 7.8% to 6.1% of the economically active population. For the first time in this indicator, we have reached the pre-crisis level. The number of officially registered unemployed for the period January - June 2011 decreased by 164 thousand people - up to 1.4 million people; the number of not fully employed citizens - by 220 thousand people. The number of vacancies in Russia, according to data at the end of June, caught up with the number of unemployed. The market tension coefficient is 1.

IN modern conditions market economy, overcoming the consequences of the financial and economic crisis, any person may encounter difficulties in finding a job. One of the forms social protection unemployed - the provision of unemployment benefits.

The main regulatory legal act regulating the payment of unemployment benefits is the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On employment in Russian Federation(hereinafter referred to as the Law on Employment). And a citizen can apply for such support only after he receives the status of unemployed. In other words, in order to receive benefits, it is necessary that the state recognizes him as unemployed.

WHO CAN BE RECOGNIZED UNEMPLOYED?

According to the Employment Law, “the unemployed are able-bodied citizens who do not have work and earnings, are registered with the employment service in order to find a suitable job, are looking for work and are ready to start it.” Thus, in order to recognize a citizen as unemployed, his position must meet a number of conditions.

Condition 1. The citizen is able to work. This means that, firstly, he must be over 16 years old (regardless of gender) and under 60 (men) or 55 years (women). Secondly, he must be recognized as able-bodied for health reasons. Disabled people provide an individual rehabilitation program (IPR), drawn up by the bodies of medical and social expertise (ITU), which indicates what types of activities they are allowed to engage in.

Note! For a complete list of those who are recognized as employed (and, accordingly, cannot be recognized as unemployed), see www.website

Condition 2. The citizen is not employed, that is, at present he has neither work nor earnings. This means that the citizen:

• does not work under an employment, civil law or copyright contract;
• is not in any paid job (including seasonal, temporary work, part-time work);
• not registered as individual entrepreneur, a notary public private practice, a lawyer who has established a lawyer's office;
• does not study full-time at an educational institution, etc.

Condition 3. The citizen is ready to immediately take advantage of the first offer of a suitable job from the employment service.

Suitable Job

Suitable work is considered to be such work (including a temporary one) that meets a number of factors.

Factor 1 Professional suitability and preparation of the citizen.

Professional suitability is assessed according to documents on education, entries in the work book, documents on advanced training. When selecting a job, preference is given to the profession in which the person worked before applying to the employment service. Of course, personal wishes are also taken into account.

Factor 2 Conditions of the last place of work.

Compliance in question, first of all, concerns the issues of remuneration and labor protection. The salary for the job offered must be not less than the average monthly salary calculated for the last three months at the last place of work. At the same time, if the average monthly income for same place work of a citizen exceeded the subsistence level established in the given region (subject of the Federation), then this rule does not apply to him. In this case, work with pay not lower than the subsistence level in the region is considered suitable.

Let's assume that at a previous job a citizen received 20,000 rubles, and the subsistence minimum in the region was 10,693 rubles. (as in Moscow in the first quarter of 2011). Then work with payment from 10,693 rubles will be considered suitable for him. per month. But from a salary of less than 10,693 rubles. he can safely refuse.

If earnings at a previous job in the same region amounted to, for example, 10,000 rubles. (less than the subsistence minimum), then work with earnings of 10,000 rubles or more will be considered suitable.

According to established practice, the mode of operation of the enterprise from which the citizen quit, the duration of working hours, and the nature of the work performed are also taken into account.

Factor 3 health status of the unemployed.

For example, a person by profession "chemist" is allergic to a particular substance. At the same time, the range of enterprises chemical industry on which it can work is limited.

Factor 4 Transport accessibility of the workplace. The maximum remoteness of the place of work from the place of residence of a citizen is determined by the employment service authorities, taking into account the development of the network public transport in this locality.

HR Dictionary

Are there situations where any paid job is considered suitable?

Indeed, in some cases, this is any paid work, including temporary work. Any job offered will be considered suitable if the unemployed person:

• looking for a job for the first time and at the same time does not have a profession;
• in the year preceding the appeal to the employment service, was fired for violation of labor discipline or other guilty actions more than once;
• ceased individual entrepreneurial activity or left the members of the peasant (farm) economy in the manner prescribed by law;
• looking for a job after a long (more than one year) break;
• sent to training, but was expelled for guilty actions;
• refused to improve (restore) qualifications in the existing profession (specialty), to obtain a related profession or undergo retraining after the end of the first period of payment of unemployment benefits;
• has been registered with the employment service for more than 18 months and has not worked for more than three years;
• applied to the employment service after graduation seasonal work.

WHO CANNOT BE RECOGNIZED UNEMPLOYED?

In accordance with paragraph 3 of Art. 3 of the Employment Law, some categories of citizens cannot be recognized as unemployed.

Category 2 Citizens who have been assigned an old-age labor pension (part of an old-age labor pension), including ahead of schedule, or an old-age pension or for long service under state pension provision.

Note! The decision to check documents and refuse to be recognized as unemployed is made by an employee of the employment service

Category 4 Persons who submitted to the employment service authorities documents containing deliberately false information about the absence of work and earnings, as well as other unreliable data to recognize them as unemployed.

Category 5. Citizens who, within 10 days from the date of their registration with the employment service in order to find a suitable job, from two options for a suitable job, including temporary work, and those who are looking for a job for the first time (have not previously worked) and at the same time do not have a profession (specialty) - in case of two refusals to receive vocational training or from offered paid work, including work of a temporary nature.

Category 6. Persons who did not appear without good reasons within 10 days from the date of registration in order to search for a suitable job to the employment service to offer them a suitable job, as well as those who did not appear within the time period established by the employment service to register them as unemployed.

REGISTRATION OF UNEMPLOYED CITIZENS

NA No. 2‘2011 Registration of citizens as unemployed is carried out government agencies employment services on the basis of decisions on recognizing citizens registered in order to find suitable work as unemployed (clause 2 of the Procedure for registering unemployed citizens, approved by order of the Ministry of Health and Social Development of Russia dated September 30, 2010 No. 847n).

It is not uncommon for employees who leave our organization to ask if they should register with the employment service if they cannot find a job quickly. Of course, we do not dissuade them from such actions. Moreover, we even want to make a small memo to the dismissed employee so that such an employee knows exactly what steps he should take to register with the employment service. Please help me figure out what documents I need to submit for this to the employment service?

Citizens who have lost their jobs, for registration, must present:

• work book(or documents replacing it);
• documents certifying professional qualifications;
• certificate of average monthly earnings for the last three months at the last place of work. This certificate is not needed if a citizen is looking for a job after a long (more than a year) break or if during the year before being recognized as unemployed, the total time of his paid work was less than 26 weeks (in terms of full time, full work week).

For those who are looking for a job for the first time (have not worked before), do not have a profession (specialty), it is necessary to present:

• passport or a document replacing it;
• education document.

If a person receives a disability pension, he must submit an ITU opinion on the recommended nature and working conditions, as well as an individual program for the rehabilitation of a disabled person. If there are certain health problems, it is advisable to provide relevant medical certificates. Since the work will be selected taking into account the state of health of the citizen, it is important from the very beginning to correctly orient the employees of the employment service on what kind of work is suitable.

When is a citizen considered unemployed?

Note! The decision to recognize a person as unemployed is made no later than 11 days from the date of submission of all required documents

The employment service makes a decision on recognizing a person as unemployed no later than 11 days from the date of submission of all required documents. During this time, the employment service may offer the citizen options for work or for vocational training (if he gets a job for the first time). If he agrees with one of the proposed options, then it will not come to the recognition of the unemployed. If during this time there is no suitable job, the person will receive the status of unemployed.

In this case, the beginning of unemployment is counted from the date of filing the application. And accordingly, the first payment of benefits is made a month after this date.

How often do you need to re-register with the employment service?

The terms of re-registration are set by the employment service, but it must take place no more than twice a month.

Unemployed citizens who did not appear for re-registration as unemployed within the time limits established by state institutions of the employment service can confirm the existence of valid reasons for non-attendance by presenting documents issued in accordance with the procedure established by the legislation of the Russian Federation by authorized bodies and organizations. Such documents are:

• certificate of incapacity for work;
• the agenda for the passage of a medical commission upon conscription for military service, military training, involvement in activities related to preparation for military service;
• documents confirming participation in the administration of justice as a juror or arbitrator;
• summons to the bodies of inquiry, preliminary investigation, prosecutor's office, court or tax authority as a witness, victim, expert, specialist, translator, witness, etc.

If a citizen for one reason or another in in due course denied the status of unemployed, he has the right to re-apply to the employment service only after one month from the date of refusal.

Our organization is downsizing. We were able to transfer many workers who were to be laid off to existing vacancies, but, unfortunately, they were not employed. During the warning period, the employees could not find work, and now they are asked to consult on whether or not they should register with the employment service. Of course, I advised them to register. They will be able to receive the average earnings for the third month only under this condition, unless, of course, before work won't find. But there are some questions that I could not answer right away. For example, they are interested in what they will have to do if the proposed work does not suit them? What can I advise them?

Indeed, the work selected by the employment authorities may seem unsuitable to a citizen. There may be several reasons for this. Negligent performance of duties on the part of employees of the employment service is not ruled out. Perhaps the citizen himself did not inform the employment specialists in detail about the kind of work he needed. Practice shows that taking into account the requirements of the unemployed largely depends on what impression he will make on the employee of the employment service. Therefore, it would be useful to treat the job search with the help of the employment service in the same way as an independent job search, and a meeting with an employment service employee as a job interview.

Next, you should remember the main thing: they have no right to impose any job on a citizen on the basis of the principle “he is still unemployed” in the employment service. The law defines in sufficient detail the concept of suitable work that employees of the employment service are obliged to offer (although, of course, other options may be sought by agreement).

At the same time, by refusing offers of suitable work during the period of unemployment, a citizen risks that he may be suspended from receiving benefits.

AMOUNT, PROCEDURE AND TERM OF PAYMENT OF BENEFITS

The Employment Law defines two main categories of the unemployed.

Category 2 All other citizens, including: first-time job seekers (previously unemployed); resuming job searches after a long (more than one year) break; dismissed for violation of labor discipline or other guilty actions; dismissed for any reason during the 12 months preceding the onset of unemployment, and who had less than 26 calendar weeks of paid work during this period; directed by the employment service authorities for training and expelled for guilty actions, etc. (clause 2, article 30 of the Employment Law).

There are some peculiarities in the payment of benefits to people of pre-retirement age. So, in accordance with paragraph 1 of Art. 32 of the Law on Employment for citizens under the age of 60 (men) and 55 years (women) and having an insurance record of at least 25 and 20 years for men and women, respectively, as well as the necessary experience in the relevant types of work, giving them the right to early appointment of an old-age labor pension, provided for by Art. 27 and 28 federal law dated December 17, 2001 No. 173-FZ “On labor pensions in the Russian Federation” (hereinafter referred to as the Law on labor pensions), the duration of the period for paying unemployment benefits increases - in excess of the established 12 months - by two calendar weeks for each year of work exceeding the insurance period the specified duration. At the same time, periods of work and other activities are included in the insurance period, and other periods established in Art. 10 and 11 of the Law on labor pensions. The total period of payment of unemployment benefits may not exceed 24 calendar months in total terms within 36 calendar months.

Depending on which category the unemployed person belongs to, he is assigned a period of time during which he will receive monthly unemployment benefits in a certain amount.

The time during which the unemployed person is paid benefits, in turn, is divided into two periods. The only difference between the two periods of payments is that each of them has its own amount of benefits (for the second category of the unemployed, the amount of benefits is the same in the first and second periods). There are no “intermediate commissions” that would decide at the end of the period whether to continue or stop payments, and there cannot be.

Our former employees often, out of old memory, call the staff and want to get advice on issues of interest to them. We do not refuse anyone, we have survived very well with everyone. a good relationship. So why not help people? Moreover, it is still unknown how it will turn around, maybe they will return to work with us. But there are times when we doubt whether we can give a competent answer. One of our employees is currently unemployed and receiving unemployment benefits. He wonders if the period of payment of this benefit can be extended?

Unemployment benefits are not paid during the following periods:

• maternity leave;
• departure of the unemployed permanent residence in connection with studies in evening and correspondence institutions of vocational education;
• conscription of the unemployed for military training, involvement in activities related to preparation for military service, with the performance of state duties.

These time intervals do not count towards the total period of payment of unemployment benefits and, accordingly, extend it.

Benefits for the first category of the unemployed

To be included in the first category, it is necessary that within 12 months before the start of unemployment, the citizen had at least 26 calendar weeks of paid full-time work (full working week). Or he must work on a part-time basis (part-time work week) so that the total time of work for the year is at least 26 full-time calendar weeks (full work week).

First benefit period general rule cannot exceed 12 months in total terms within 18 calendar months.

If, after 12 (18) months, the unemployed person has not been able to find a job, then a second benefit period of the same duration begins. The total period of payment of benefits in the end cannot exceed 24 calendar months in total terms within 36 calendar months.

Benefit amounts

In the first 12-month period from the date of registration with the employment service, the allowance is accrued as a percentage of the average monthly earnings, which is calculated for the last three months at the last place of work (service):

• in the first three months - in the amount of 75%;
• in the next four months - at a rate of 60%;
• in the future - at a rate of 45%.

Note! For 2012, the minimum unemployment benefit is 850 rubles, and the maximum -4900 rubles. (Decree of the Government of the Russian Federation of November 3, 2011 No. 888)

Whatever the procedure for determining the benefit, its amount is limited to the maximum amount of the unemployment benefit. At the same time, it cannot be lower than the minimum amount of the benefit. The maximum and minimum allowances are determined annually.

Accordingly, the amount of the allowance will be concluded within these limits. The only exception concerns residents of regions where district coefficients to wages for living in difficult natural and climatic conditions (for example, in the Far North). In these areas, the minimum and maximum benefits are increased by the district coefficient.

In the second 12-month period, unemployment benefits are paid in minimum size(in areas with severe natural and climatic conditions - increased by the regional coefficient).

Benefits for the second category of the unemployed

The allowance for the unemployed belonging to the second category (including those who have terminated their individual entrepreneurial activities in the manner prescribed by the legislation of the Russian Federation; those who have left the members of a peasant (farm) economy) is paid in two periods, but they are shorter than for the unemployed of the first category. Each period cannot exceed 6 months in total within 12 calendar months.

The total period of payment of unemployment benefits in this case may not exceed 12 months in total terms within 18 calendar months.

The amount of benefits for the unemployed of the second category is set at a minimum amount (for 2012 - 850 rubles).

SUSPENSION AND TERMINATION OF PAYMENTS

Under certain conditions, the payment of unemployment benefits may be suspended. The period for which payment is suspended counts towards the total period of payment of unemployment benefits and does not extend it.

Note! The period of suspension of payments cannot exceed three months.

Unemployment benefits are suspended in a number of cases.

Case 1 Rejection of two options for suitable work.

Case 2 Refusal after the expiration of a three-month period of unemployment from participation in paid public works or from sending for training by the employment service authorities from the side of citizens, for the first time job seekers(previously not working) and at the same time not having a profession (specialty), as well as seeking to resume labor activity after a long (more than one year) break.

Case 3 The appearance of the unemployed for re-registration in a state of intoxication caused by the use of alcohol, drugs or other intoxicants.

Case 4 Dismissal from the last place of work (service) for violation of labor discipline and other guilty actions, provided by law of the Russian Federation, as well as the expulsion of a citizen sent for training by the employment service from the place of training for guilty actions.

Case 5 Violation by a person without good reason of the conditions and terms of re-registration as unemployed. Suspension of the payment of unemployment benefits is made from the day following the day of the last appearance of the unemployed person for re-registration.

Case 6 Unauthorized termination by a citizen of training in the direction of the employment service.

Can unemployment benefits be completely stopped?

The payment of unemployment benefits is terminated with simultaneous deregistration as unemployed in cases where:

• the citizen was recognized as employed;
• the employment service sent a citizen to study, and a scholarship is due at the place of study;
• a citizen for a long time (more than a month) is not in the employment service without good reason;
• the citizen moved to another locality (you will need to get a job through the local employment service);
• the citizen tried to obtain the payment of benefits by forging documents, providing false information or in other fraudulent ways - from the moment the forgery was discovered, the true information was found out, etc.;
• the citizen is sentenced to corrective labor or imprisonment;
• a citizen was assigned an old-age labor pension (including early) or an old-age pension or for length of service under the state pension provision;
• the citizen wrote a written statement refusing the mediation of the employment service in finding a job.

In addition, the employment service authorities can reduce the amount of unemployment benefits by 25% for up to one month (with mandatory notification of the unemployed) in two cases.

Case 1 Absence without good reason for negotiations on employment with the employer within three days from the date of referral by the employment service.

Case 2 Refusal without good reason to appear at the employment service to receive a job (study) referral.

In paragraph 1 of Art. 4 of the Law of the Russian Federation "On Employment in the Russian Federation" gives the concept of a suitable job. Suitable work is considered to be such work, 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, and transport accessibility. In accordance with paragraph 4 of Art. 4 of the Law of the Russian Federation "On Employment in the Russian Federation", a job cannot be considered suitable if: 1) it is associated with a change of residence without the consent of a citizen; 2) working conditions do not comply with labor protection norms and rules; 3) the offered earnings are lower than the average earnings of a citizen, calculated for the last three months at the last place of work, except in cases where the average monthly earnings of a citizen exceeded the subsistence level of the able-bodied population in the corresponding subject of the Russian Federation. The foregoing allows us to highlight the following circumstances, the proof of which allows us to recognize the work offered to the citizen as suitable. Firstly, such a circumstance is the provision of work to a citizen that corresponds to the professional suitability of a citizen, taking into account the level of his professional training. That is, when providing work to a citizen, his current profession, as well as the skills of working in this profession, should be taken into account. When providing a suitable job, the professional skills of a citizen obtained at the last place of work are also taken into account.

Secondly, the proposed job must meet the conditions of the last place of work. In this regard, when offering a suitable job, the profession, position, specialty at the last place of work, the amount of wages received in an amount not exceeding the subsistence minimum in the territory of the corresponding subject of the Russian Federation should be taken into account.

An exception is made from this rule for the performance of public works, in which citizens can be involved without taking into account the conditions of the last place of work. Thirdly, the circumstance that characterizes the legal concept of a suitable job is the correspondence of the state of health of a citizen to the proposed conditions for future labor activity. A job that is contraindicated to a citizen for health reasons cannot be considered suitable. Fourthly, the circumstance included in the legal concept of a suitable job is the transport accessibility of the workplace offered to the citizen. Workplace, which is offered to a citizen as a suitable job, must be located in the same locality. The provision of work in another locality is associated with a change of residence. Therefore, the provision of work in another locality can be recognized as a suitable job only with the consent of the citizen. Such consent must be expressed in a simple written form. Within the boundaries of the settlement, the maximum distance of a suitable job from the place of residence of a citizen is determined by the relevant local government, taking into account the development of the public transport network in the area. If the standards of remoteness of the proposed work from the place of residence of a citizen, established by the local government, are exceeded, such work cannot be considered suitable. Fifth, the circumstance characterizing the legal concept of "suitable work" is the compliance of working conditions for the work offered to the citizen with the current requirements for labor protection. The proof of the above circumstances allows us to conclude that the job offered to the citizen is suitable for him. In the event of a dispute between a citizen and the employment service agency regarding the work offered to the citizen, the obligation to prove the listed circumstances lies with the representatives of the relevant agency of the employment service.

An exception was made from the considered rules for recognizing work as suitable. In accordance with paragraph 3 of Art. 4 of the Law of the Russian Federation "On Employment in the Russian Federation" 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 current legislation, is suitable for the following citizens: 1 ) looking for a job for the first time (who did not work before), who do not have a profession (specialty), 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, engaged in entrepreneurial activities, seeking to 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; 2) 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; 3) who have been registered with the employment service for more than 18 months, as well as those who have not worked for more than three years; 4) who applied to the employment service after the end of seasonal work. However, the work offered to the listed citizens must comply with the requirements of the current labor legislation, as well as their state of health. The work proposed by him cannot be considered suitable if it is contraindicated for health reasons. The work offered to the listed citizens, in order to be recognized as suitable, must comply with established requirements transport accessibility. However, when providing the listed citizens with a suitable job, their professional skills, as well as the conditions of the last place of work, are not taken into account. Obviously, the question arises of the compliance of the listed restrictions on the rights of citizens with the requirements of Art. Art. 19, 55 of the Constitution of the Russian Federation, the decision of which falls within the jurisdiction of the Constitutional Court of the Russian Federation.

Textbook " labor law Russia" Mironov V.I.

According to the law "On Employment in the 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 a suitable job for him.

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 the social group, 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.

In 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 of the employee, taking into account the level of his professional 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 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, in Article 4 there is no clear explanation regarding the “conditions of the last place of work”, however, a number of legal scholars refer to them as wages at the last place of 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 of 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 amount of actual earnings that the applicant will receive. vacancy and, in some cases, may result in qualifying work being categorized 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 of work 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 public transport network in the area.

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 labor legislation of the Russian Federation, is considered suitable for citizens:

¨ For the first time looking for a job (previously not working), not having 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), get 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 of labor discipline and others guilty actions provided for by the legislation of the Russian Federation, who were previously engaged in entrepreneurial activities, seeking to resume their labor activity after a long break, and also sent by the employment service bodies 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.

V. Vlasov
Source: Work and salary

IN Lately the processes associated with employment have significantly intensified. Last year, about half a million citizens applied to the state employment services of Moscow and the Moscow region. And this

Recently, the processes associated with employment have significantly intensified. Last year, about half a million citizens applied to the state employment services of Moscow and the Moscow Region. And this is only a small part of those who seek to improve their situation.

Among the ways to find a job, in the first place traditionally remains an appeal to friends, relatives and acquaintances. (58,1 %), on the second - in public service employment (33,1 %), further - directly to the employer (28,8 %), submitting advertisements to the press and sending resumes to recruitment agencies. Therefore, every year only in the capital by active searches suitable vacancy almost 1.5 million citizens are employed.

But what is the right job? Anyone who cannot answer this question is likened to the hero of a fairy tale who was sent there, I don’t know where, and asked to find something, I don’t know what. And, as the practice of applying to the employment service shows, there are enough such applicants, especially among young people who are just starting their labor activity.

The Law "On Employment in the Russian Federation" defines a suitable job, which can serve as a benchmark for successful employment. So, it must correspond to "the professional suitability of the employee, taking into account the level of his professional training, the conditions of the last place of work, the state of health, the transport accessibility of the workplace."

Let's consider these criteria.

The first sign is taking into account the profession, skills, abilities, education, and professional experience. The professional suitability of a citizen is determined by the level of his professional education, confirmed by the relevant document. It can be a diploma, a certificate, a certificate, and the like. An important factor is work experience in the existing specialty, as well as in other specialties acquired in the course of labor activity. We should not forget about the level of qualification, determined by the category, class, category or degree. Employers, taking care of the competitiveness of their company, present these professional and qualification requirements to their employees. The employment service, selecting suitable jobs for citizens, also takes them into account.

In order to more accurately determine the professional suitability of a citizen for vacant position you can use the qualification characteristics contained in the tariff and qualification reference books. If the candidate has several professions, then the job search should be carried out for each of them. At the same time, the employment service gives preference to the specialty in which the applicant has worked recently, and also takes into account the wishes of the employee and the availability of vacancies in the labor market. If you are trying to find a vacancy for a "white collar", then you will be subject to requirements from the Qualification Directory for the positions of managers, specialists and other employees, approved by the Decree of the Ministry of Labor of Russia of August 21, 1998 N 37. The directory is used at enterprises, institutions and organizations various sectors of the economy, regardless of ownership and organizational and legal forms in order to ensure the correct selection, placement and use of personnel.

For those applying for a blue-collar job(manual workers) and wants to learn more about the typical requirements for personnel, we recommend that you refer to the Unified Tariff and Qualification Directory of Works and Professions of Workers. In it, the tariff-qualification characteristic of each profession has two sections. The Job Description section contains a description of the actions that the worker should be able to perform. In the “Must know” section you will find the basic requirements for the latter in relation to special knowledge, as well as knowledge of regulations, instructions, norms and rules and other guidance materials, methods, means necessary to perform certain work. WITH qualification guides can be found at employment offices.

The second sign of a suitable job is the amount of wages and working conditions. Of course, everyone wants to get a place where the level of remuneration would be higher and working conditions more favorable than at the previous job. Unfortunately, such a "hit in the top ten" is rare. Usually you have to sacrifice something, for example, to have a small but solid income, or to work hard and make good money without any guarantees.

However, it must be borne in mind that the size of the salary, in addition to the will and desire of the employer, is also significantly influenced by market factors. One of them - supply and demand in the labor market. When demand exceeds supply, wages for a particular type of work rise. To date, the demand for highly qualified workers is not fully satisfied, and this leads to an increase in wages for specialists with an average and higher education. On the other hand, the demand for unskilled labor in a number of industries is falling, which negatively affects the earnings of people who do not have a secondary level of education.

Other market factor, affecting the amount of remuneration for work, is competition in the labor market. Here the rivalry leads to the approximation of the level of wages to the equilibrium price of labor. This means that competition acts as an equalizer of earnings. On a regional scale, approximately the same wages are set for workers of a certain profession with an equal level of education and qualifications. Simply put, the labor market affirms the principle - "equal pay for equal work."

In a number of sectors of the Moscow economy, a person looking for a suitable job may face low wages, for example, in trade, construction, and transport, which is caused by the widespread use of cheap foreign labor.

Those who are thinking of devoting themselves to work in industrial, construction, transport and communications enterprises, we do not advise you to be hasty and immediately agree to the proposed vacancy. According to official statistics in these sectors in the country as a whole, about a quarter of workers work in conditions that do not meet sanitary and hygienic standards.

Let us pay special attention to labor restrictions for persons under the age of 18 and women. Yes, according to Art. 265 Labor Code The Russian Federation (hereinafter referred to as the Labor Code) prohibits the use of labor of persons under the age of 18 in jobs with harmful and dangerous working conditions, in underground work, as well as in work, the performance of which may harm their health and moral development (gambling business, work at night cabarets and clubs, production, transportation and trade in alcoholic beverages, tobacco products, narcotic and toxic drugs).

Art. 253 TK limits the use of women's labor in heavy work and work with harmful and dangerous working conditions, as well as in underground work, with the exception of non-physical work or work on sanitary and domestic services. It is forbidden to use the labor of women in work related to lifting and manually moving loads that exceed the maximum allowable norms for them.

The third sign of a suitable job is the state of health. It takes into account the age of a citizen, his physical disabilities, existing chronic diseases, as well as a predisposition to certain types of diseases. Unfortunately, very often, in pursuit of high earnings, people do not pay attention to the mode of operation, environmental conditions. external environment, labor protection in the workplace. This results in diseases, including chronic ones, up to the onset of disability. For people with disabilities, only work that meets the recommendations of the medical and social expert commission can be considered suitable.

The fourth sign of a suitable job- transport accessibility of the workplace. Its maximum distance from the place of residence of the unemployed is determined by the relevant local government of the territory. In practice, the value is set by the constituent entities of the Russian Federation, taking into account the development of the public transport network, or for all workers, or depending on the categories of citizens in need of employment, for example, for the disabled, women with children, etc. For example, in Moscow for singles and large families parents raising minor children; women raising children preschool age and disabled children, there are restrictions: they must spend no more than one hour on the road from home to work, and disabled and pregnant women - up to 45 minutes. The employment service takes into account both the length of routes different kind public transport (bus, trolleybus, tram, metro, electric train, etc.), as well as transfer points from one mode of transport to another, so that the travel time from home to work is minimal.

These are the signs of a suitable job. And if you act under the motto “Fight and seek, find and not give up!”, then there are chances, having overcome all difficulties, to take a worthy place in life.

V. VLASOV