Home / Labor Law / Payment and Benefits / Unemployment benefits
Back
Published: 05/22/2016
Reading time: 8 min
2
4367
Unemployed citizens are identified by labor legislation as a separate category, since they are socially unprotected and require government support.
To obtain this status, a citizen must have certain characteristics and be registered with the Employment Center. After official registration with this body as an unemployed person, a citizen receives both certain rights and guarantees, as well as some responsibilities .
- Status of unemployed in labor legislation Is able to work
- Has no income or job
- Looking for a suitable job and ready to start it
- Registered with the employment service for the purpose of employment
Unemployed status in labor legislation
The main legislative act regulating issues of employment and unemployment is the Federal Law “On Employment in the Russian Federation”. In Art. 3 of this law defines the status of the unemployed in detail. Thus, he is recognized as a citizen who simultaneously meets the following characteristics:
Is able to work
Obviously, persons under 16 years of age or who have reached retirement age (due to old age or length of service) cannot be considered as such.
Has no income or job
Earnings are considered to be any official payments related to work activities, except for:
- severance pay;
- maintained average earnings from the previous employer.
A former employee can receive these payments and register with the employment service if there has been a dismissal due to the liquidation of the enterprise or as a result of a reduction in personnel or staff. In this case, the form of ownership of the former employer does not matter.
Looking for a suitable job and ready to start it
A suitable job is considered to be one that corresponds to the applicant’s professional skills, his state of health and the conditions of his previous work (for example, in terms of salary level). Moreover, such work can be not only permanent, but also temporary.
Registered with the employment service for the purpose of employment
To register, you must provide certain documents from your previous place of work.
By acquiring the official status of unemployed, a citizen receives certain rights and responsibilities, and may also qualify for some government guarantees.
Legal status of the unemployed
Millions of Russians are officially unemployed. These people are not able to provide for themselves at their own expense during the period of unemployment and need government support. In this situation, the employment service comes to the rescue - it helps a person find a job, and also issues benefits until he finds a job.
Assignment of status
The federal law states that an unemployed person is a citizen:
- Recognized as able-bodied (according to the Labor Code, this is a man aged 16-60 years or a woman under 55) and wants to work, but has not received a job or income.
- Registered at the labor exchange.
Unemployed people can receive government support. To do this, they must be given the status of unemployed. The Government of the Russian Federation has established the registration procedure at Employment Centers (ECCs).
The law establishes that all citizens have the right to employment. This can be done in two ways:
- Look for a job on your own and contact employers.
- Use the services of third parties and organizations that will select a suitable vacancy. The state employment service does this for free.
What does status give?
At the moment when the employment service issues an order to assign the status of unemployed, an order is prepared to accrue benefits to the person. Financial support is accrued for the period while a person is looking for work or is disabled. In addition, an unemployed person can:
- Use the services of the labor exchange for free and receive job offers for current vacancies from various employers. This applies to temporary employment (for example, for holding events) and paid social activities. Moreover, he retains the right to receive benefits in addition to his salary.
- Retire early.
- Attend vocational training courses and additional education (while maintaining the opportunity to receive a scholarship and other financial assistance from the institution where he is studying), learn self-presentation skills and adapt to the new realities of the labor market. Vocational training and retraining are provided to registered citizens on a priority basis.
- Use psychological support services from specialists.
- If an unemployed person decides to organize independent activities, he can receive the necessary advice.
Watch a video about what unemployed status means:
How to get
To do this you need to go through a certain procedure:
- First, a citizen must register with the Center for Significance. She should help him find a job.
First of all, it undergoes initial registration, for which no documents are required. Its goal is a general accounting of the number of unemployed. Later they register in order to find a job, during which they will need to provide a certain list of documents.
- You are given 10 days to search for a job at the employment service. During this period allotted for the selection of a vacancy, the person is still not recognized as unemployed.
- If the service was unable to find a job within the allotted time, the citizen is registered as unemployed and receives the corresponding status.
The decision is made no later than 11 days from the date of submission of the mandatory documentation. You will need:
- Passport.
- Documents evidencing the conduct of labor activity - work book, agreements for the provision of services (attaching acts of their execution), contracts.
- Evidence of professional qualifications and specialty – i.e. available diplomas, certificates and certificates, special certificates.
- Certificate of income from previous job (for the last 3 months).
- Certificates indicating that the applicant has actually ceased and is not conducting labor or other activities (for example, if he was previously an entrepreneur, then a certificate of liquidation of the individual entrepreneur is submitted).
- Papers confirming that the applicant belongs to the category of the population with difficulties in finding work (defined in Article 5 of the Employment Law).
As a result, an order is issued from the head of the central control center.
If a person quit more than a year ago (from the date of contacting the service), and during this period tried to find a job on his own, he will not have to provide a certificate of employment and a certificate of average earnings, since these documents are no longer relevant.
Those who are looking for a job for the first time and do not have a profession (qualification or specialty) and work experience, submit:
- Passport.
- Certificate or other evidence of school completion.
But citizens who have just graduated from educational institutions and received a diploma, but without work experience, submit a diploma in addition to their identity card.
The disabled person must submit to the Center for Rehabilitation a rehabilitation program developed for him, on the basis of which the service will select a vacancy for him. It will contain recommendations from specialists on how to conduct their work, acceptable conditions, and the nature of the work.
Foreign citizens and stateless persons can be recognized as unemployed, provided that they are not employed and have registered with the labor exchange.
The recognition of a person as unemployed is not affected in any way by the reason for dismissal from his previous job. The status is assigned both to those who quit of their own free will and to people who were fired by decision of the management of the organization where they previously worked.
If your application for status is refused, you can contact the service again one month from the date of refusal.
Those who cannot be recognized as unemployed include:
- Citizens under 16 years of age.
- People who moved to other areas.
- Already employed people (the Employment Law provides a complete list of employed citizens).
- Persons in prison or performing correctional labor.
- Those who are paid a pension (for old age or for long service). But they can contact the Central Prison Center to obtain the required information, consultations and certificates.
- People who submitted deliberately false documents (for example, hiding real earnings).
- Citizens who twice (within the allotted ten days) refused the offered vacancies (in the opinion of service employees, the most suitable workplace) or professional retraining.
- People who have not previously worked and do not have professional qualifications, but have refused 2 directions for training in any specialty or vacancies (even non-permanent work).
- Those who applied to the central employment center, but did not visit the service within the established time frame to study the proposed vacancy, without having a valid reason. The same applies to persons who did not appear on the established date when they should have been assigned the status of unemployed.
In Moscow
In Moscow and the Moscow region, the same procedure for recognizing the unemployed as throughout Russia applies. the amount of payments is also calculated based on the person’s average earnings for the last 3 months in the previous organization.
According to government decree, the minimum benefit amount is 850 rubles, and the maximum is 4,500 rubles. in Moscow they add another 850 rubles to the benefit, plus they give partial compensation for paying for public transport.
In Kazakhstan
From 2021, in Kazakhstan, the status of unemployed is assigned only if a suitable place of work is not found for a person. there you also need to register with the employment center before becoming eligible for government support.
However, here it is more difficult to obtain unemployed status: if previously a person was immediately registered, now the same procedure applies as in the Russian Federation. Moreover, if you were fired due to layoffs at an enterprise declared bankrupt or liquidated, the period for receiving payment increases to 6 months (previously 4 months).
How to work and not lose your unemployed status?
If it is discovered that you are actually working, you will be denied benefits.
Persons who were fired from their previous place of work due to downsizing or liquidation of the enterprise submit the required package of documents to the service, but will have to contact the Central Employment Center within the next 14 days from the date of dismissal.
If this condition is violated, a person will not be able to obtain a certificate of timely registration at the labor exchange (issued there). Without it, you cannot receive the average monthly salary for the third month after dismissal, since for this you need to provide a certificate to the employer.
At the same time, they retain the right to receive unemployed status.
How the status is extended
The citizen must re-register after some time. The date of the procedure is determined by the service itself, but this is no more than 2 times a month. If an unemployed citizen has not visited the authority for more than a month without good reason, he may be deregistered.
When you come to the nearest labor center, you will be given brief information about the state of the local labor market. They will also tell you what activities are carried out to ensure that a citizen obtains a job.
Remember! The Employment Law defines the following categories of citizens with difficulties in finding a job:
- People who have served their sentences in correctional institutions.
- Refugees or migrants from other territories.
- Former military personnel and their family members.
- Persons affected by man-made disasters - for example, Chernobyl victims, etc.
- Citizens aged 14 to 18 years, as well as young people under 20 years of age who have received secondary vocational education and have no previous work experience or length of service.
- Parents with disabled children or a minor child. This applies to both single and large parents.
- Citizens of pre-retirement age are those who have 2-3 years left before they are recognized as pensioners and can receive a pension.
Some representatives of the designated categories are entitled to receive other benefits and payments from the state.
However, being unemployed also has its disadvantages:
- You are paid a small allowance, which cannot be used to live in decent conditions while you are looking for work.
- You will have to comply with the deadlines assigned by the exchange employees for an independent visit to the employment service, when he will be introduced to the proposed vacancies and areas of retraining and advanced training.
- The registered citizen will be required to report the reasons for failure to appear at the CZN.
- If violations are detected, the unemployed will be deprived of financial assistance for up to three months.
- Having received the referral, the unemployed will have to personally visit the organization and the employer within three days. This applies to any vacancies.
Termination of unemployed status
When a citizen is deregistered with the Employment Center and deprived of his unemployed status, he loses the opportunity to:
- Receive benefits.
- Use the help of the labor exchange when finding a job.
If, in your opinion, you were deregistered illegally, you can appeal this decision in court. The statement of claim is filed with the court by:
- Location of the nearest central heating station.
- At your place of registration.
So, if you register as unemployed, you will be able to receive not only benefits, but also support from the state in other areas. All measures of state support are enshrined in law.
However, you are also subject to a number of restrictions and responsibilities.
You will have to stay in close contact with the Employment Center for some time and think carefully about whether the offered vacancies and specialties are suitable for you.
(1 5,00 of 5) Loading...
Source: //PosobieGid.ru/pravovoj-status-bezrabotnogo.html
Rights of an unemployed citizen
After registering with the employment service, a citizen has the right to:
- Choose a new job in the following ways:
- by contacting the employer directly;
- through mediation in this matter of state employment authorities (free of charge);
- with the help of other organizations that facilitate job searches.
- Receive free information from employment authorities (for example, about available vacancies or current training courses).
- Take voluntary participation in paid public works.
- Receive free consultation or vocational guidance services in order to choose a field of activity or further employment.
- Take advantage of professional training opportunities.
- Receive the following services free of charge upon referral from the employment service:
- professional training;
- psychological support;
- training;
- retraining.
- Receive assistance in starting your own business. In this case, we are talking about a one-time receipt of the entire amount of the benefit for starting a business. To do this, it is necessary to draw up and submit to the commission for consideration a business plan that reflects the main ideas of the planned business.
Both citizens who have not previously worked (for example, former students) and applicants with a certain amount of experience can take advantage of these rights.
At the same time, the opportunity for training or retraining is also available to each of them.
Responsibilities of the unemployed
The emergence of rights always gives rise to the presence of certain responsibilities. Citizens registered with the employment center must fulfill the following requirements:
- Appear on time at the employment authorities for the re-registration procedure. You need to have certain documents with you, and this must be done twice a month.
- Take active steps to find employment. This requirement includes the obligation not only to consider offers from the employment service, but also to independently search for work .
- In case of illness, issue a certificate of incapacity for work or a certificate if we are talking about another family member.
- Inform employment authorities in a timely manner about the occurrence of events as a result of which the right to receive benefits is lost. This could be employment, retirement, relocation. Otherwise, the simultaneous receipt of earnings and unemployment payments is considered fraud, for which the citizen can be held accountable.
- Show up on time for negotiations with the employer as directed by the employment center. The unemployed are given three days to do this.
If these obligations are not fulfilled, the citizen may be subject to certain liability or deprived of his unemployed status.
Useful information for many mothers on how to get maternity benefits if you don’t work. Important information for pregnant women is, of course, information about the period for payment of benefits. Find out them in our article! You will find out how much pension a former civil servant can expect here!
Official status of the unemployed in Russia: his rights and responsibilities
Simplifying the concepts of rights and responsibilities as much as possible, let us explain that the rights of an unemployed person are what he can receive from the state if he is left without work and income, and his responsibilities are what the state will require from those who want to take advantage of the guarantees provided. Failure of an unemployed person to fulfill his duties will deprive him of his rights to social support, including the payment of cash benefits.
The legal status of unemployed citizens is determined by the Law on Employment No. 1032-1 of April 19, 1991 (Articles 3, 8-11, 28, etc.). Citizens who apply to the Employment Center with an application for the provision of public services in the field of employment are registered as unemployed. If within 11 days a citizen does not find a suitable job, he will be assigned this status (clause 8 of the Government of the Russian Federation No. 460 of 04/08/2020). Only able-bodied persons who are fully or partially (that is, with restrictions on work activity) are recognized as unemployed. They must be ready to start working if they are offered a suitable vacancy.