Distance from residence. On the procedure for registering citizens in order to find a suitable job, registering unemployed citizens and requirements for the selection of suitable work. Rules for registering citizens in order to find suitable work
Article 13. Criteria for the selection of a suitable job. 1. For citizens who lost their jobs and earnings during the year before applying to the labor and employment authorities, 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 public works), state of health, transport accessibility of the workplace.
2. Paid work, including temporary work, requiring or not requiring (taking into account the age and other characteristics of citizens) preliminary training, including public Works who do not require prior professional training and meet the requirements of the labor legislation of the Russian Federation is considered suitable for the following categories of citizens:
- first job seekers(previously unemployed) who do not have a profession (specialty), with the exception of persons who have graduated from educational institutions of vocational education;
- who had a long (more than 3 years) break in work;
- dismissed more than once during one calendar year preceding their recognition as unemployed, for violations of labor discipline and other guilty actions provided for by labor legislation;
- involved entrepreneurial activity before contacting the labor and employment authorities;
- 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 labor and employment authorities for more than 18 months;
- sent by the labor and employment authorities for training and expelled for guilty actions or arbitrarily stopped training without good reason;
- applied to the labor and employment authorities after graduation seasonal work;
- Released from places of deprivation of liberty.
3. Transport accessibility of the workplace provides for the following gradations of the maximum travel time from the place of residence to the proposed work:
- for the disabled, pregnant women - up to 45 minutes;
- for single parents and large families, women raising children under the age of 14 and disabled children under the age of 18, as well as citizens caring for a sick family member in accordance with a medical report - up to 1 hour;
- for other categories of citizens - within the city limits.
4. A job cannot be considered suitable 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 proposed 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 average wages in the city of Moscow. In this case, a citizen can be sent to work if the earnings are not lower than the average wage in the city of Moscow on the day the citizen is registered as unemployed.
Work with earnings below the average earnings of a citizen, calculated for the last three months at the last place of work, can only be offered with the consent of the citizen.
What are the requirements for selecting a suitable job?
Such 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 (with the exception of paid public works), health status, transport accessibility of the workplace (Article 4 of the Law of the Russian Federation of April 19 .1991 N 1032-1 "On employment in Russian Federation", (hereinafter - Law N 1032-1).
Paid work, including work of a temporary nature and public works, requiring or not requiring (taking into account the age and other characteristics of citizens) preliminary training that meets the requirements labor law and other regulatory legal acts containing labor law norms, is considered suitable for citizens:
a) looking for a job for the first time (previously not working) and at the same time not having qualifications; fired more than once during the 1st year preceding the onset of unemployment, for violation of labor discipline or other guilty actions provided for by the legislation of the Russian Federation; who have ceased their individual entrepreneurial activities, who have left the members of a peasant (farm) economy in accordance with the procedure established by the legislation of the Russian Federation; seeking to renew labor activity after a long (more than 1 year) break, as well as those sent by the employment service for training and expelled for guilty actions;
b) those who refused to undergo vocational training or receive additional professional education after the end of the first period of payment of unemployment benefits;
c) registered with the employment service for more than 18 months, as well as more than 3 years not working;
d) applied to the employment service after the end of seasonal work.
a) it is associated with a change of place of residence without the consent of the citizen;
b) working conditions do not comply with labor protection rules and regulations;
c) the proposed salary is lower than the average salary of a citizen, calculated for the last 3 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 lower than the subsistence minimum calculated in the constituent entity of the Russian Federation in the prescribed manner.
The requirements for the selection of a suitable job (hereinafter referred to as the Requirements for the selection of a suitable job) are established by Decree of the Government of the Russian Federation of September 7, 2012 N 891. The requirements for the selection of a suitable job establish that the selection of a suitable job is carried out taking into account the profession (specialty), position, type of activity, level education and qualifications, work experience and skills, the amount of average earnings calculated for the last 3 months at the last place of work of a citizen, conclusions on the recommended nature and working conditions, transport accessibility of the workplace, as well as the employer's requirements for the candidacy of the employee contained in the information on free jobs and vacancies.
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.
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 (with the exception of paid public works ), the state of health of citizens and the transport accessibility of the workplace.
For registered citizens who are looking for a job for the first time (previously not working), having a profession (specialty), registered within 12 months after graduation from organizations that carry out educational activities Suitable work is considered to be work, 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.
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 of vocational training or referrals to paid work, including temporary work, requiring or not requiring (taking into account age and other characteristics citizens) preliminary training that meets the requirements of the labor legislation of the Russian Federation and other regulatory legal acts containing labor law norms.
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 of vocational training or additional professional education twice;
b) referral to jobs without taking into account the development of the network public transport providing 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 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.
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.
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. When referring people to potential employers at the labor exchange, no more than 2 job referrals should be issued at the same time.
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 he must not refuse the work offered to him suitable (for him) without negative consequences.
Thus, he is on certain period 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.
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-term courses. Professional education must be confirmed by an appropriate diploma (certificate) educational institution. Information about qualifying categories by working professions are recorded in 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 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 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.
First of all, it fills with concrete content the general constitutional wording on the freedom to choose the type of occupation and profession, fixing the employment criteria for which it is necessary to take into account individual features and employee requirements.
Thirdly, it translates the abstract opportunity to work in the chosen field of activity and in the chosen profession into the concrete entitlement of the unemployed to assistance in obtaining a job of a certain quality and to material support for the period of searching for such work.
The criteria taken into account when determining suitable work are also established by the ILO Convention No. 168 "On the Promotion of Employment and Protection against Unemployment", adopted on June 21, 1988.
In accordance with Art. 4 Employment Law suitable is considered such Job, 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 his last place of work (service), with the exception of paid public works, as well as the state of health; transport accessibility of the workplace. The maximum distance of a suitable job from the place of residence of the unemployed is determined by the employment service, taking into account the development of the public transport network in the area.
One of the main characteristics of a suitable job, as can be seen from the content of the above norm, is its compliance with the professional suitability of the employee, his profession (specialty), qualifications. Therefore, when choosing a suitable job that an unemployed person can apply for and that an employment service agency can offer him, first of all, attention is drawn to the presence of professional and qualification qualities of the employee.
In the absence of a job corresponding to the professional suitability of the unemployed person, he has the right to wait for a corresponding vacancy during the entire initial period of unemployment, exercising the right to unemployment benefits.
At the same time, the unemployed person may also agree to be provided with work that is different in nature and functions from the previous job, or work with a lower qualification, as well as participation in public works, retraining or advanced training.
By establishing certain guarantees of assistance in finding a suitable job on the part of the employment service authorities, the Law also aims to on active search the unemployed themselves satisfaction of his work, the material and moral interest of the employee in the rapid acquisition of a new job and constructive cooperation with the employment service.
Paid work, including temporary work and public works, requiring or not requiring (taking into account the age or other characteristics of citizens) preliminary training that meets the requirements of labor legislation and other regulatory legal acts containing labor law norms (hereinafter referred to as labor legislation), is considered suitable for citizens:
- first-time job seekers (previously unemployed) and at the same time do not have qualifications;
- dismissed more than once during one year preceding the onset of unemployment, for violation of labor discipline or other guilty actions provided for by the legislation of the Russian Federation;
- who have ceased their individual entrepreneurial activities, who have left the members of a peasant (farm) economy in accordance with the procedure established by the legislation of the Russian Federation;
- seeking to resume employment after a long (more than one year) break, as well as those sent by the employment service for training and expelled for guilty actions;
- who refused to undergo vocational training or receive additional vocational education after the end of the established period for the payment of unemployment benefits;
- who have been registered with the employment service for more than 12 months, and who have not worked for more than three years;
- who applied to the employment service after the end of seasonal work.
The selection of work for such citizens requires their prior labor adaptation and therefore any paid job that meets the requirements of labor legislation and other normative legal acts containing labor law norms is recognized as suitable for them.
At the same time, attention should be paid to the fact that citizens who were fired more than once during one year preceding the onset of unemployment, for violation of labor discipline and other guilty actions, as well as those who stopped their individual entrepreneurial activity, do not lose their professional skills. They retain their previous professional training. The reasons why they became unemployed do not in any way affect their level of professional training; therefore, it seems that for such citizens, a job that corresponds to their professional suitability, taking into account the level of professional training, should be recognized as suitable.
Those who seek to resume their labor activity after a long (more than one year) break, are registered with the employment service for more than 18 months, and have not worked for more than three years, i.e. For those who have lost their motivation and skills for work, it is advisable first of all to offer to restore (upgrade) their qualifications or acquire a related specialty, and only in case of refusal - to offer a job that does not require prior training.In other words, any work, including unskilled work, should be considered a suitable job for this category of citizens, provided that they were offered to restore (upgrade) their qualifications, get a related specialty, but they refused.
An important criterion for suitable work is its compliance with the health status of the potential employee. When selecting a suitable job, taking into account the state of health, the citizen's age, physical characteristics, the presence of a chronic disease, as well as a predisposition to certain types of diseases are taken into account. In order for the state of health of a citizen to be taken into account by the employment service authorities when selecting a suitable job, appropriate medical documents are required. However, the submission of such documents is not required under the Employment Act. The only exceptions are persons recognized as disabled. They must represent individual program rehabilitation of a disabled person, containing a conclusion on the recommended nature and working conditions (clause 2, article 3 of the Employment Law). Thus, citizens who do not belong to the category of disabled people, but who have restrictions in their labor activity for health reasons, who have not submitted the relevant documents, cannot demand that their health condition be taken into account when offering them a suitable job.
- 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 earnings are lower than the average earnings of a citizen, calculated for the last three months at the last place of work (service). 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 lower than the subsistence minimum calculated in the constituent entity of the Russian Federation in the prescribed manner.
The Employment Law does not oblige the employment service authorities, when selecting a suitable job, to take into account the personal characteristics, including the marital status of the unemployed, however, in practice, the employment service authorities take into account the wishes of the unemployed citizens, and also, to a certain extent, take into account the compliance of the proposed work with the characteristics of the personal and, above all, of everything, the marital status of citizens.
Labor law of Russia. Crib Rezepova Victoria Evgenievna
THE CONCEPT OF A SUITABLE JOB
THE CONCEPT OF A SUITABLE JOB
Suitable Job(including temporary) - work corresponding 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.
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 place of residence without the consent of the 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.
Circumstances, the proof of which makes it possible to recognize the work offered to the citizen as suitable:
1) providing a citizen with work that corresponds to the professional suitability of a citizen, taking into account the level of his professional training;
2) the proposed job must comply with the conditions of the last place of work;
3) compliance of the state of health of the citizen with the proposed conditions for future employment;
4) transport accessibility of the workplace offered to the citizen;
5) compliance of working conditions for the work offered to the citizen with the current requirements for labor protection. Paid work, including work of a temporary nature and public works, requiring or not requiring (taking into account the age and other characteristics of citizens) preliminary training that meets the requirements current legislation, is suitable for the following citizens:
1) looking for a job for the first time (previously not working), not having a profession (specialty), dismissed more than once during one year preceding the onset of unemployment, engaged in entrepreneurial activity, seeking to resume employment after a long (more than one year) break, sent by the authorities employment services 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) registered with the employment service for more than 18 months, as well as more than 3 years unemployed;
4) who applied to the employment service after the end of seasonal work
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