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 etc.

What conditions do they have the right to offer work after layoffs at the center?

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 professional education at the direction of the employment service with the payment of a scholarship;
• long-term (more than a month) absence an unemployed person to the employment service without good reason;
• relocation or resettlement unemployed to another area;
• attempts to obtain or receive unemployment benefits fraudulently;
• conviction of a person receiving unemployment benefits , to correctional labor, as well as to punishment in the form of imprisonment;
• appointment of a pension, provided for in paragraph 2 of Article 32 of the Employment Law, or the appointment of an old-age insurance pension (including early), or the appointment of an old-age pension or a long-service pension under state pension provision;
• refusal of mediation by employment service bodies(based on 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;

• 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 suitable work is carried out for each of them!

REMEMBER: At the same time, citizens are issued no more than 2 directions to work !

Article 4. Suitable and unsuitable work

(see text in previous)

2. The maximum distance of suitable work from the place of residence of the unemployed is determined by the employment service authorities, taking into account the development of the public transport network in the given area.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

(see text in previous

(as amended by Federal Laws dated July 17, 1999 N 175-FZ, dated January 10, 2003

(see text in previous

(as amended by Federal Laws dated January 10, 2003, dated December 27, 2009 N 367-FZ, dated July 2, 2013)

What work is considered suitable (Employment Service)

text in previous)

(as amended by Federal Law No. 185-FZ dated July 2, 2013)

(see text in previous)

who applied to the employment service after the end of seasonal work.

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;

(as amended by Federal Law dated July 17, 1999 N 175-FZ)

Firstly, it fills with specific content the general constitutional formulation on freedom of choice of occupation and profession, establishing employment criteria, in relation to which it is necessary to take into account the individual characteristics and requirements of the employee.

Third, it translates the abstract opportunity to work in a chosen field of activity and in a chosen profession into the concrete right of an unemployed person to assist in obtaining a job of a certain quality and to provide material support for the period of searching for such work.

The criteria taken into account when determining suitable work are also established by 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 the job is considered suitable permanent or temporary, corresponding to the professional suitability of the employee, the conditions of his last place of work, his state of health; located within the transport accessibility of the workplace, not related to a change of residence without the consent of the citizen; with working conditions that comply with the rules and regulations on labor protection, with earnings not lower than the average earnings of the employee, calculated over the last three months at the last place of work. Except for citizens whose average monthly earnings exceed the subsistence level of the working-age population, calculated in a constituent entity of the Russian Federation in the prescribed manner. In this case, the proposed earnings should not be lower than the subsistence minimum calculated in the constituent entity of the Russian Federation in the prescribed manner.

One of the main characteristics of suitable work, as can be seen from the content of the above norm, is its compliance with the professional suitability of the employee, his profession (specialty), and qualifications. Therefore, when choosing a suitable job that an unemployed person can apply for and that an employment service agency can offer him, attention is first paid to the employee’s professional and qualification qualities.

If there is no job corresponding to the professional suitability of the unemployed, 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, an unemployed person can also consent to being provided with work that is different in nature and functions from his previous job, or work with a lower qualification, as well as to participate in public works, retraining or advanced training.

By establishing certain guarantees of assistance in finding suitable work from the employment service authorities, the Law also aims for active search by the unemployed themselves satisfactory work, the employee’s material and moral interest in quickly acquiring a new job and constructive cooperation with the employment service authorities.

For some categories of citizens, the Employment Law stipulates that suitable work can be any paid job, including temporary work and public work, which may or may not require (taking into account the age or other characteristics of citizens) preliminary training that meets the requirements of labor legislation.

Information for the public

These citizens include:

• citizens who are looking for work for the first time (have not previously worked) and do not have a profession (specialty);
• dismissed more than once within one year preceding the start of unemployment, for violation of labor discipline or other guilty actions provided for by the legislation of the Russian Federation;
• who have ceased individual entrepreneurial activity in the manner established by the legislation of the Russian Federation;
• those seeking to resume work after a long (more than one year) break, as well as those sent by employment services for training and expelled for guilty actions;
• those who refused to improve (restore) their qualifications in their existing profession (specialty), acquire a related profession or undergo retraining after the end of the first period of payment of unemployment benefits;
• registered with the employment service for more than 18 months, as well as those who have not worked for more than three years;
• who applied to the employment service authorities after the end of seasonal work (clause 3 of article 4 of the Law).

The selection of work for such citizens requires their preliminary labor adaptation, and therefore any paid work that meets the requirements of labor legislation and other regulatory legal acts containing labor law standards is considered suitable for them.

At the same time, attention should be paid to the fact that citizens who were fired more than once within one year preceding the start of unemployment, for violation of labor discipline and other guilty actions, as well as those who ceased 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 the level of their 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 considered suitable.

Those who seek to resume working activity after a long (more than one year) break, have been 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 motivation and skills for work, it is advisable to first of all 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 job, including unskilled work, should be considered suitable for this category of citizens, provided that they were offered to restore (improve) their qualifications or acquire a related specialty, but they refused.

An important criterion for a suitable job is its compliance with the health status of the potential employee. When selecting a suitable job, taking into account the state of health, the age of the citizen, his 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 a citizen’s health status to be taken into account by the employment service when selecting a suitable job, appropriate medical documents are required. However, the submission of such documents is not required under the Employment Law. The only exceptions are persons recognized as disabled. They must submit an individual rehabilitation program for a disabled person, containing a conclusion on the recommended nature and conditions of work (clause 2 of article 3 of the Employment Law). Thus, citizens who do not belong to the category of disabled people, but who have restrictions in their work activities due to health reasons, and who have not submitted the appropriate documents, cannot demand that their health status be taken into account when offering them a suitable job.

Another important criterion for suitable work is taking into account the conditions of the last place of work. As a rule, the conditions of labor protection and remuneration are included first of all. In accordance with paragraph 4 of Art. 4 of the Law on Employment, a job cannot be considered suitable if the offered earnings are lower than the average earnings calculated over the last three months at the citizen’s last place of work. This provision does not apply to citizens whose average monthly earnings exceeded the subsistence level of the working-age population, calculated in the constituent entity of the Russian Federation in the prescribed manner. In this case, a job cannot be considered suitable if the salary offered is below the subsistence level calculated in the constituent entity of the Russian Federation in the prescribed manner. In other words, a job cannot be considered suitable if the salary offered for it is below the subsistence level of the working-age population, calculated in a constituent entity of the Russian Federation in the prescribed manner.

In accordance with the Employment Law not considered a suitable job, if working conditions do not comply with labor protection rules and regulations. Description of the characteristics of working conditions is of particular importance when working in difficult, harmful and (or) dangerous conditions. A potential employee must know in advance whether the employer is fulfilling the obligations assigned to him to ensure safe conditions and labor protection, the list of which is contained in Art. 212 of the Labor Code of the Russian Federation. Other working conditions (work in difficult, harmful and (or) dangerous conditions, the availability of compensation and benefits for work in such conditions), which are classified as essential by the Labor Code of the Russian Federation (Article 57 of the Labor Code of the Russian Federation), are not taken into account when determining suitable work are accepted. In this regard, it will be considered unlawful for an unemployed person to refuse to work in hazardous working conditions, if such work is not contraindicated for him due to health reasons, or to refuse to work with frequent and long business trips, multi-shift work, etc.

When determining a suitable job, the criterion of the maximum distance of the proposed job from the place of residence of the unemployed, which is of vital interest to the potential employee, is also used. Article 4 of the Employment Law stipulates that a change of permanent residence is possible only with the consent of the unemployed. In addition, the new place of work must be within transport accessibility. In accordance with the Employment Law, the maximum distance of suitable work from the place of residence of the unemployed is prescribed to be determined by the employment service authorities, taking into account the development of the public transport network in the area, taking into account the regulations on this issue of local governments.

The Employment Law does not oblige the employment service authorities, when selecting a suitable job, to take into account the personal characteristics, including the family status of the unemployed; however, in practice, the employment service authorities take into account the wishes of unemployed citizens, and also to a certain extent take into account the suitability of the proposed job to the personal characteristics and, above all, in total, the marital status of citizens.

Home / Employment Law / Article 4 - Suitable and unsuitable work

Article 4 of the Law on Employment of the Russian Federation

1. 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.

What is a “suitable” Job Center job?

The maximum distance of suitable work from the place of residence of the unemployed is determined by the employment service authorities, taking into account the development of the public transport network in the area.

3. Paid work, including temporary work and public works, requiring or not requiring (taking into account age and other characteristics of citizens) preliminary training, meeting the requirements of labor legislation and other regulatory legal acts containing labor law norms (hereinafter referred to as labor legislation), 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 provided for by the legislation of the Russian Federation; 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 one year) break, as well as those sent by the employment service for training and expelled for guilty actions;

those who refused to undergo vocational training or receive additional vocational education after the end of the first period of unemployment benefits;

registered with the employment service for more than 18 months, as well as those who have not worked for more than three years;

who applied to the employment service after the end of seasonal work.

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 earnings are lower than the average earnings of a citizen calculated over 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 working population (hereinafter referred to as the subsistence minimum), calculated in a constituent entity of the Russian Federation in the prescribed manner. In this case, a job cannot be considered suitable if the salary offered is below the subsistence level calculated in the constituent entity of the Russian Federation in the prescribed manner.

Section 4 of the Employment Act defines suitable and unsuitable work. In accordance with Article 4, suitable work must correspond to the professional suitability of the worker, his state of health, transport accessibility of the workplace and the conditions of the last place of work. Based on Article 4, work is considered unsuitable if it involves a change of place of residence without the consent of the citizen, working conditions do not meet standards, and the salary is less than average compared to earnings at the last place of work.

In paragraph 1 of Art. 4 of the Law of the Russian Federation “On Employment of the Population in the Russian Federation” gives the concept of suitable work. 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, and transport accessibility. In accordance with paragraph 4 of Art. 4 of the Law of the Russian Federation “On Employment of the Population in the Russian Federation”, work cannot be considered suitable if:

1) it is associated with a change of residence without the consent of the citizen;

2) working conditions do not comply with labor safety standards and regulations;

3) the proposed earnings are lower than the average earnings of a citizen, calculated for the last three months at the last place of work, with the exception of cases where the average monthly earnings of a citizen exceeded the subsistence level of the working-age population in the corresponding constituent entity of the Russian Federation.

The above allows us to highlight the following circumstances, the proof of which allows us to recognize the job offered to the citizen as suitable.

Firstly, such a circumstance is the provision of a citizen with a job that corresponds to the professional suitability of the citizen, taking into account the level of his professional training.

Secondly, the proposed job must comply with 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 level in the territory of the relevant constituent entity of the Russian Federation must be taken into account.

Thirdly, the circumstance characterizing the legal concept of suitable work is the compliance of the citizen’s health status with the proposed conditions for future work.

Fourthly, a circumstance included in the legal concept of suitable work is the transport AVAILABILITY of the workplace offered to the citizen. The workplace that is offered to a citizen as a suitable job must be located in the same locality.

Fifthly, the circumstance characterizing the legal concept of “suitable work” is the compliance of the working conditions for the work offered to the citizen with the current labor protection requirements.

Proof of the above circumstances allows us to conclude that the job offered to the citizen is suitable for him. If a dispute arises between a citizen and an employment service agency regarding a job offered to a citizen, the obligation to prove the listed circumstances lies with the representatives of the relevant employment service agency.

An exception has been made to the considered rules for recognizing work as suitable. According

from paragraph 3 of Art. 4 of the Law of the Russian Federation "On Employment of the Population in the Russian Federation" paid work,

including temporary work and public works, whether or not requiring (with

taking into account age and other characteristics of citizens) preliminary training that meets

requirements of current legislation is suitable for the following citizens:

1) first-time job seekers (who have not previously worked), who do not have a profession (specialty),

laid off more than once during one year preceding the start of unemployment, for

violation of labor discipline and other guilty actions provided for

legislation of the Russian Federation, engaged in business activities,

those seeking to resume work after a long period (more than one year)

break, as well as those sent by the employment service for training and expelled for

culpable acts;

2) those who refused to improve (restore) their qualifications in their existing 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 those who have not worked for more than three years;

4) those who contacted 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 he offers cannot be considered suitable if it is contraindicated for health reasons. To be considered suitable, the work offered to the listed citizens must meet the established requirements for transport accessibility.

Suitable job

However, when providing the listed citizens with suitable work, their professional skills, as well as the conditions of their last place of work, are not taken into account. Obviously, the question arises about the compliance of the listed restrictions on the rights of citizens with the requirements of 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.

More articles on the topic

Suitable job

1. 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.

(see text in previous)

2. The maximum distance of suitable work from the place of residence of the unemployed is determined by the employment service authorities, taking into account the development of the public transport network in the given area.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

(see text in previous

3. Paid work, including temporary work and public works, requiring or not requiring (taking into account age and other characteristics of citizens) preliminary training, meeting the requirements of labor legislation and other regulatory legal acts containing labor law norms (hereinafter referred to as labor legislation), considered suitable for citizens:

(as amended by Federal Laws dated July 17, 1999 N 175-FZ, dated January 10, 2003

(see text in previous

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 provided for by the legislation of the Russian Federation; 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 one year) break, as well as those sent by the employment service for training and expelled for guilty actions;

(as amended by Federal Laws dated January 10, 2003, dated December 27, 2009 N 367-FZ, dated July 2, 2013)

(see text in previous)

those who refused to undergo vocational training or receive additional vocational education after the end of the first period of unemployment benefits;

(as amended by Federal Law No. 185-FZ dated July 2, 2013)

(see text in previous)

registered with the employment service for more than 18 months, as well as those who have not worked for more than three years;

who applied to the employment service after the end of seasonal work.

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 earnings are lower than the average earnings of a citizen calculated over 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 working population (hereinafter referred to as the subsistence minimum), calculated in a constituent entity of the Russian Federation in the prescribed manner. In this case, a job cannot be considered suitable if the salary offered is below the subsistence level calculated in the constituent entity of the Russian Federation in the prescribed manner.

(as amended by Federal Law dated July 17, 1999 N 175-FZ)

(see text in previous

In the previous section, we wrote that you may be deprived of your unemployed status if you refuse a suitable job twice. Let's look at what the law considers suitable work. So, suitable work is considered to be work that “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 of the workplace” (“Law on Employment in the Russian Federation” Art. 4 hours 1). That is, a person with a law degree cannot be offered a job as a programmer, and a mechanic cannot be offered a job as a driver. Or rather, they may offer them to you, but you are not obliged to agree. Health status and transport accessibility are more subjective things, but even here, stand your ground and do not settle for options that are completely unsuitable for you.

For some people, any paid job is considered suitable. These include those who are looking for work for the first time (without having a specialty),

those who were fired more than once within 1 year;

those who were fired for violating labor discipline;

those who have ceased to be an individual entrepreneur;

those who have not worked for more than 1 year;

those who refused to upgrade their skills or undergo retraining;

registered with the employment service for more than 18 months and a number of other categories (“Employment Law” Art.

Suitable and unsuitable jobs for the unemployed

A job will not be considered suitable if the salary offered is lower than your average earnings over the last three months at your last job. True, this only applies to those whose earnings were below the subsistence level of the working-age population in your region. If it was higher, then only those jobs that offer earnings below the subsistence level will be unsuitable. Data on the cost of living can be viewed on the Goskomstat website gks.ru.

Firstly, it fills with specific content the general constitutional formulation on freedom of choice of occupation and profession, establishing employment criteria, in relation to which it is necessary to take into account the individual characteristics and requirements of the employee.

Third, it translates the abstract opportunity to work in a chosen field of activity and in a chosen profession into the concrete right of an unemployed person to assist in obtaining a job of a certain quality and to provide material support for the period of searching for such work.

The criteria taken into account when determining suitable work are also established by 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 the job is considered suitable permanent or temporary, corresponding to the professional suitability of the employee, the conditions of his last place of work, his state of health; located within the transport accessibility of the workplace, not related to a change of residence without the consent of the citizen; with working conditions that comply with the rules and regulations on labor protection, with earnings not lower than the average earnings of the employee, calculated over the last three months at the last place of work. Except for citizens whose average monthly earnings exceed the subsistence level of the working-age population, calculated in a constituent entity of the Russian Federation in the prescribed manner. In this case, the proposed earnings should not be lower than the subsistence minimum calculated in the constituent entity of the Russian Federation in the prescribed manner.

One of the main characteristics of suitable work, as can be seen from the content of the above norm, is its compliance with the professional suitability of the employee, his profession (specialty), and qualifications.

What kind of work is considered suitable?

Therefore, when choosing a suitable job that an unemployed person can apply for and that an employment service agency can offer him, attention is first paid to the employee’s professional and qualification qualities.

If there is no job corresponding to the professional suitability of the unemployed, 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, an unemployed person can also consent to being provided with work that is different in nature and functions from his previous job, or work with a lower qualification, as well as to participate in public works, retraining or advanced training.

By establishing certain guarantees of assistance in finding suitable work from the employment service authorities, the Law also aims for active search by the unemployed themselves satisfactory work, the employee’s material and moral interest in quickly acquiring a new job and constructive cooperation with the employment service authorities.

For some categories of citizens, the Employment Law stipulates that suitable work can be any paid job, including temporary work and public work, which may or may not require (taking into account the age or other characteristics of citizens) preliminary training that meets the requirements of labor legislation.

These citizens include:

• citizens who are looking for work for the first time (have not previously worked) and do not have a profession (specialty);
• dismissed more than once within one year preceding the start of unemployment, for violation of labor discipline or other guilty actions provided for by the legislation of the Russian Federation;
• who have ceased individual entrepreneurial activity in the manner established by the legislation of the Russian Federation;
• those seeking to resume work after a long (more than one year) break, as well as those sent by employment services for training and expelled for guilty actions;
• those who refused to improve (restore) their qualifications in their existing profession (specialty), acquire a related profession or undergo retraining after the end of the first period of payment of unemployment benefits;
• registered with the employment service for more than 18 months, as well as those who have not worked for more than three years;
• who applied to the employment service authorities after the end of seasonal work (clause 3 of article 4 of the Law).

The selection of work for such citizens requires their preliminary labor adaptation, and therefore any paid work that meets the requirements of labor legislation and other regulatory legal acts containing labor law standards is considered suitable for them.

At the same time, attention should be paid to the fact that citizens who were fired more than once within one year preceding the start of unemployment, for violation of labor discipline and other guilty actions, as well as those who ceased 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 the level of their 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 considered suitable.

Those who seek to resume working activity after a long (more than one year) break, have been 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 motivation and skills for work, it is advisable to first of all 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 job, including unskilled work, should be considered suitable for this category of citizens, provided that they were offered to restore (improve) their qualifications or acquire a related specialty, but they refused.

An important criterion for a suitable job is its compliance with the health status of the potential employee. When selecting a suitable job, taking into account the state of health, the age of the citizen, his 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 a citizen’s health status to be taken into account by the employment service when selecting a suitable job, appropriate medical documents are required. However, the submission of such documents is not required under the Employment Law. The only exceptions are persons recognized as disabled. They must submit an individual rehabilitation program for a disabled person, containing a conclusion on the recommended nature and conditions of work (clause 2 of article 3 of the Employment Law). Thus, citizens who do not belong to the category of disabled people, but who have restrictions in their work activities due to health reasons, and who have not submitted the appropriate documents, cannot demand that their health status be taken into account when offering them a suitable job.

Another important criterion for suitable work is taking into account the conditions of the last place of work. As a rule, the conditions of labor protection and remuneration are included first of all. In accordance with paragraph 4 of Art. 4 of the Law on Employment, a job cannot be considered suitable if the offered earnings are lower than the average earnings calculated over the last three months at the citizen’s last place of work. This provision does not apply to citizens whose average monthly earnings exceeded the subsistence level of the working-age population, calculated in the constituent entity of the Russian Federation in the prescribed manner. In this case, a job cannot be considered suitable if the salary offered is below the subsistence level calculated in the constituent entity of the Russian Federation in the prescribed manner.

In accordance with the Employment Law not considered a suitable job, if working conditions do not comply with labor protection rules and regulations. Description of the characteristics of working conditions is of particular importance when working in difficult, harmful and (or) dangerous conditions. A potential employee must know in advance whether the employer is fulfilling the obligations assigned to him to ensure safe conditions and labor protection, the list of which is contained in Art. 212 of the Labor Code of the Russian Federation. Other working conditions (work in difficult, harmful and (or) dangerous conditions, the availability of compensation and benefits for work in such conditions), which are classified as essential by the Labor Code of the Russian Federation (Article 57 of the Labor Code of the Russian Federation), are not taken into account when determining suitable work are accepted. In this regard, it will be considered unlawful for an unemployed person to refuse to work in hazardous working conditions, if such work is not contraindicated for him due to health reasons, or to refuse to work with frequent and long business trips, multi-shift work, etc.

When determining a suitable job, the criterion of the maximum distance of the proposed job from the place of residence of the unemployed, which is of vital interest to the potential employee, is also used. Article 4 of the Employment Law stipulates that a change of permanent residence is possible only with the consent of the unemployed. In addition, the new place of work must be within transport accessibility. In accordance with the Employment Law, the maximum distance of suitable work from the place of residence of the unemployed is prescribed to be determined by the employment service authorities, taking into account the development of the public transport network in the area, taking into account the regulations on this issue of local governments.

The Employment Law does not oblige the employment service authorities, when selecting a suitable job, to take into account the personal characteristics, including the family status of the unemployed; however, in practice, the employment service authorities take into account the wishes of unemployed citizens, and also to a certain extent take into account the suitability of the proposed job to the personal characteristics and, above all, in total, the marital status of citizens.

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 professional training, the conditions of the last place of work (with the exception of paid public works), health status, and transport accessibility of the workplace. In this case, the maximum distance of suitable work from the place of residence of the unemployed is determined by the relevant employment service body, taking into account the development of the public transport network in the area.

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

— first-time job seekers who do not have a profession (specialty);

- dismissed more than once during the year preceding unemployment, for violation of labor discipline and other guilty actions specified in the law;

— previously engaged in labor activity and seeking to resume labor activity after a long (more than a year) break;

- those sent by employment authorities for training and expelled for guilty actions, who refused to improve (or restore) their qualifications in their existing specialty, acquire a related profession or undergo retraining after the initial (12-month) period of unemployment;

- registered with employment authorities for more than one and a half years, as well as those who have not worked for more than 3 years;

— those who applied to employment authorities after the end of seasonal work.

The following jobs are not considered suitable:

- if it is associated with a change of residence without the consent of the citizen;

- if the working conditions for the proposed work do not comply with the rules and regulations on labor protection;

- if the offered salary is lower than the average salary of the applicant at his last place of work. At the same time, the maximum limit of average earnings is limited by the subsistence level of the working-age population in a constituent entity of the Russian Federation.

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Article 4 of the Law establishes the criteria for suitable work, which, if possible, is offered by employment authorities to the unemployed from the moment of their initial registration. It should be borne in mind that these criteria are different for certain categories of unemployed citizens, while the criteria for unsuitable work are the same for everyone without exception.

So, in accordance with paragraph 3 of Art. 4 of the Law, any paid work (including temporary work and public works) that meets the requirements of labor legislation, is suitable For:

First-time job seekers (who have not previously worked) and do not have a profession (specialty);

Dismissed more than once within one year preceding the start of unemployment, for violation of labor discipline and other guilty actions provided for by the labor legislation of the Russian Federation;

Previously engaged in entrepreneurial activity, seeking to resume work after a long (more than one year) break, as well as those sent by the employment service for training and expelled for guilty actions;

Those who refused to improve (restore) their qualifications in their existing profession (specialty), acquire a related profession or undergo retraining after the end of the initial (12-month) period of unemployment;

Registered with employment authorities for over 18 months;

Unemployed for more than 3 years;

Those who contacted employment authorities at the end of seasonal work.

For all other unemployed people, the offered work (including temporary work) is recognized suitable, if it corresponds to the professional suitability of the employee, taking into account the level of his professional training, the conditions of the last place of work (with the exception of paid public works), health status, transport accessibility of the workplace (determined by the local government). At the same time, work should be regarded as inappropriate, If:

1) it is associated with a change of residence without the consent of the citizen;

2) working conditions do not comply with labor safety rules and regulations;

3) the proposed salary is less than:

The average earnings of a citizen, calculated over the last 3 months at the last place of work, provided that this earnings did not exceed the subsistence level of the working-age population, calculated in the constituent entity of the Russian Federation;

The subsistence level of the working-age population calculated in a constituent entity of the Russian Federation, if the average earnings of a citizen at his last place of work exceeded the subsistence level.

Forms of employment of citizens and the procedure for registering the unemployed

The following are distinguished: forms of employment of citizens:

1) direct (independent) contact with the employer regarding work (see section 7);

2)contacting a mediator, to government agencies on employment issues - territorial bodies of the Ministry of Labor of Russia at the place of residence or to non-governmental organizations to promote employment of the population that have licenses for the corresponding type of activity.

As stated earlier, the registration of unemployed citizens, their re-registration and deregistration with state employment authorities are carried out in accordance with the Law of the Russian Federation of April 19, 1991 and the Procedure approved by the Decree of the Government of the Russian Federation of April 22, 1997 No. 458.

Based on the requirements of the listed regulatory legal acts, the established procedure for registering unemployed citizens can be roughly divided into the following stages:

Stage 1. Citizens contact the employment authorities at their place of residence for initial registration. Citizens without work and income have the right to contact employment authorities at any time for their employment. It is only necessary to make a reservation that laid-off workers who have lost their jobs in connection with the implementation at an enterprise, institution, organization of measures to reduce the number or staff of workers (that is, dismissed under clause 1 of Article 33 of the Labor Code of the Russian Federation), in advance, within two weeks after dismissal , must contact these authorities if they subsequently expect to receive average earnings for the 3rd month, during which they were not employed (clause 3 of Article 40 3 of the Labor Code of the Russian Federation).

Citizens who apply to employment authorities undergo initial registration with the following data of the applicant recorded in the registration documents of these authorities:

Last name, first name and patronymic;

Residence addresses;

Age;

Education;

Specialties (professions);

Attitudes towards employment;

Reasons for contacting;

A summary of the information provided (service provided) on the issue of interest.

During the initial registration process, state employment authorities provide citizens with free information about: the state of the labor market in the relevant territory; availability of vacancies; pay and other working conditions; opportunities for professional training, retraining and advanced training; the procedure and conditions for subsequent registration of the unemployed; rights and responsibilities in the field of employment and protection against unemployment.

In accordance with the changes made to the Procedure for registering unemployed citizens by Decree of the Government of the Russian Federation of November 5, 1999 No. 1230, in certain regions classified as territories with a tense situation in the labor market, registration of unemployed citizens is carried out in a simplified manner, without them undergoing initial registration .

Stage 2. Contacting the employment authorities at the place of residence to register an unemployed citizen in order to find a suitable job. Registration of an unemployed citizen is carried out from the day of his personal application with the provision of all necessary documents:

1) passport or other identity document;

2) work book or other documents confirming work experience;

3) documents certifying professional qualifications;

4) an individual rehabilitation program for a disabled person, a work recommendation or an opinion on the recommended nature and conditions of work (provided only by disabled people);

5) a document on education (along with a passport, it is presented only by a person seeking work for the first time, who does not have a profession or specialty);

6) certificates of average earnings (income, salary) for the last three months at the last place of work (service).

Within 10 days from the date of this registration, the employment authorities offer the applicant, if possible, two options for suitable work, including temporary work, and in the absence of suitable work, he may be asked to participate in public works (with his consent) or undergo free vocational training (retraining), advanced training.

At the same time, an unemployed citizen looking for work for the first time (who has not previously worked) and who does not have a profession (specialty) is offered two options for obtaining vocational training or paid work (including temporary work and public works).

At the same time, a citizen cannot be offered the same job (vocational training in the same profession, specialty) twice. All offers of suitable work, issued directions for vocational training and other necessary information are indicated in the personal file, which is issued for each unemployed person.

Stage 3. Registration of an unemployed citizen as an unemployed person. No later than 11 calendar days from the date of registration of a citizen in order to find a suitable job, employment authorities make a decision to recognize and register him as unemployed. These are recognized as able-bodied citizens who do not have work and earnings (income), who are registered in order to find a suitable job and meet the other requirements listed above (see the concept of unemployed citizens).

At the same time, payments of severance pay and maintained average earnings to citizens dismissed from an organization (military service) regardless of the organizational, legal form and form of ownership due to its liquidation, reduction of staff or number of employees are not taken into account as earnings.

At the same time, the employment authorities decide to pay the unemployed citizen unemployment benefits.

For this registration, citizens submit the documents listed in stage 2.

In case of refusal to register as unemployed, a citizen has the right to re-apply to the employment authorities after 1 month. The citizen is notified orally or in writing about the refusal to recognize him as unemployed and about the reasons for this decision, with a note about this in his personal file.

Stage 4. Re-registration of an unemployed citizen. To re-register, unemployed citizens are required to appear within the time limits established by the employment authorities, but at least twice a month, and in regions classified as territories with a tense situation in the labor market - at least once a month (in accordance with the changes made to The procedure for registering unemployed citizens by Decree of the Government of the Russian Federation of November 5, 1999 No. 1230). At the same time, they present the documents mentioned in stage 2.

Re-registration of an unemployed citizen is carried out by noting the deadlines for his appearance at these authorities in his personal file. At each visit, the employment authorities, if possible, offer the unemployed a job suitable for him and, together with a referral (recommendation), send him to the employer for hiring purposes. When hiring a citizen referred by the employment service, the employer within 5 days returns the referral to this service indicating the day the citizen was hired. In the event of a refusal to hire such a citizen, the employer makes a note in the direction of the employment authorities about the day of his appearance and the reason for the refusal to hire and returns the direction to the unemployed person.

Unemployed citizens are obliged to actively promote their employment, comply with the procedure and conditions for registration and re-registration, and inform employment authorities about their actions to independently search for work and find employment, including temporary work.

By decision of the employment authorities, an unemployed citizen may be deregistered in the following cases:

a) recognition of him as employed in accordance with the law;

b) undergoing professional training, advanced training or retraining at the direction of employment authorities with the payment of a stipend;

c) failure to appear without good reason within 10 days from the date of his registration in order to search for a suitable job at the employment authorities to offer him a suitable job, as well as failure to appear within the period established by the employment authorities for registering him as unemployed;

d) long-term (more than one month) failure to appear at the employment authorities without good reason;

e) moving to another area;

f) establishing abuses on the part of a citizen (concealing earnings or income), providing documents containing deliberately false information, as well as providing other false data for recognition as unemployed, etc.;

g) conviction to punishment in the form of imprisonment;

h) appointment of an old-age or long-service pension in accordance with the pension legislation of the Russian Federation.

If an unemployed citizen appears for re-registration in a state of intoxication caused by the use of alcohol, drugs or other intoxicating substances, the fact of intoxication is established by employees of the employment agency and confirmed by a report drawn up by them (indicating the date, place and time of its preparation). If necessary, the fact of intoxication can be established by conducting a “Medical examination and confirmed by the appropriate conclusion (in accordance with the changes made to the Procedure for registering unemployed citizens by Decree of the Government of the Russian Federation of November 5, 1999 No. 1230). The consequence of establishing this fact may be the suspension of payment of unemployment benefits to the unemployed.

It should be noted that in accordance with the Law of the Russian Federation of April 19, 1991 “On Employment in the Russian Federation,” only state employment authorities are obliged to provide social support to unemployed citizens.

Social support measures for unemployed citizens

This Law provides for the following social support measures for the unemployed:

Payment of unemployment benefits or scholarships during the period of professional training (advanced training, retraining);

Referral to paid public works;

Payment for the period of temporary incapacity for work of the unemployed;

Payment for maternity leave;

Compensation for costs associated with moving to another location for employment;

Providing material and other assistance (subsidies for the use of preschool institutions, residential premises, utilities, public transport, health care and public catering services).

Labor law of Russia. Cheat sheet Victoria Evgenievna Rezepova

THE CONCEPT OF SUITABLE JOB

THE CONCEPT OF SUITABLE JOB

Suitable job(including temporary work) - work that 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 of the Population in the Russian Federation”, work cannot be considered suitable if:

1) it is associated with a change of residence without the consent of the citizen;

2) working conditions do not comply with labor safety standards and regulations;

3) the proposed earnings are lower than the average earnings of a citizen, calculated for the last three months at the last place of work, with the exception of cases where the average monthly earnings of a citizen exceeded the subsistence level of the working-age population in the corresponding constituent entity of the Russian Federation.

Circumstances, the proof of which allows us to recognize the job offered to a citizen as suitable:

1) providing the citizen with work that corresponds to the professional suitability of the 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 citizen’s health status with the proposed conditions for future work activity;

4) transport accessibility of the workplace offered to the citizen;

5) compliance of working conditions for the work offered to the citizen with current labor protection requirements. Paid work, including temporary work and public works, which may or may not require (taking into account age and other characteristics of citizens) preliminary training, meeting the requirements of current legislation, is suitable for the following citizens:

1) those seeking work for the first time (who have not previously worked), who do not have a profession (specialty), who were fired more than once during one year preceding the onset of unemployment, who were engaged in entrepreneurial activity, who are seeking to resume work after a long (more than one year) break, directed by the authorities employment services for training and expulsions for guilty actions;

2) those who refused to improve (restore) their qualifications in their existing 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 those who have not worked for more than 3 years;

4) those who applied to the employment service after the end of seasonal work

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The maximum distance of suitable work from the place of residence is determined by the executive body of individual constituent entities of the Russian Federation. The maximum possible remoteness, first of all, depends on a specific locality, because the level of development of its transport infrastructure, the number of population and other factors that affect transport accessibility are taken into account. It can be established by the city administration of the locality where the citizen’s registration is valid.

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When selecting suitable vacancies, the transport accessibility of the workplace is taken into account, as well as its maximum distance from work. According to general recommendations, travel time to work should not exceed 90 minutes. For citizens who, based on the results of a medical and sanitary examination, have been assigned a disability group, other standards have been developed regarding transport accessibility of the place of work.

Important! The rules may be different if the employer provides employees with a vehicle themselves. In this case, delivery of personnel to the desired location must be ensured in both directions.

• 90 minutes one way from the place of residence for all citizens (general recommendation);
• 60 hours for minor citizens who have not reached eighteen years of age, as well as for women with children;
• 40 minutes for disabled people.

If there is no public or private transport with which a worker can get to his workplace (including minibuses), then the maximum distance between the citizen’s place of residence and his workplace cannot exceed 5 kilometers. If we are talking about unemployed people who are registered at the employment center to look for vacancies, then for them the boundary distance from their place of stay cannot exceed 1.5 kilometers.

Work that may not be considered suitable

An offer of employment is unsuitable in one of the following cases:

• change of place of residence without obtaining the permission of the citizen himself (in some cases, the employer may offer the employee housing space for further employment, which must be provided for in the contract);
• working conditions, which include new vacancies, do not comply with Russian labor legislation (all working conditions must also be specified in the work contract);
• the salary that the employee is offered at the new place is less than the average monthly salary at his previous job.

Regarding the last point, the salary at a new job also cannot be less than the minimum wage established at the regional level or at the place of residence.

If an unemployed citizen has presented all the necessary documents to the labor exchange at his place of registration, then in the absence of a suitable workplace, after 10 days from the date of registration, the applicant receives the status of unemployed. In this case, the citizen can count on receiving unemployment benefits for six months before receiving a new position in the area where his registration is valid. The employment center at the place of residence may offer workers retraining. If a person does not want to work for the vacancies received and does not gain new professional experience, then unemployment payments will be stopped until re-registration.