Official employment: meaning and features of the procedure

Category: Useful

802

Article rating: 2.3333

One of the main advantages of official employment is the receipt of social guarantees - such as payment of sick leave, holidays and overtime, and receipt of pension contributions.

You have the right to leave. It is annual and paid. It is 28 calendar days. During this period, the position remains with the person. These legal rights, including the calculation of average earnings, belong to everyone who has formalized an employment relationship. They must not be violated. No dependency on:

• organizational type of ownership;
• forms of legal organization;
• departmental affiliations;
• factor of subordination to the organization;
• term and type of labor agreement;
• main type of employment, part-time employment;
• nature of activity;
• territory of the employer;
• home conditions;
• nationality;
• reasons of a different nature.

An employer cannot fire without sufficient grounds provided for by the labor code.

What does informal employment mean?

There is actually no official concept of “unofficial work”, however, among the common people it is customary to give this kind of name if a person does not enter into an official employment contract while performing his duties. It is this document that regulates both the rights and obligations of both the employee and the employer.

If there is no document, then it is difficult to say what work the employee must perform and what responsibilities the employer assumes.

In fact, this is joint profitable work in which an employment contract is not concluded.

In this case, the employee will not sign any contracts, he will not be on the staff of the enterprise, and no entry will be made for him in the work book. There is no internship at this time.

Many people abandon the concept of length of service in favor of informal employment for one simple reason - in most cases, payment of this kind will be an order of magnitude higher than “white” payments, from which the employer will still have to make considerable payments to the state in the case of official employment.

In this type of work, experience does not go into the work book.

In addition, entrepreneurs or LLCs often need to change the legal form of the organization or company, which can lead to the loss of a significant part of the profit.

Everyone lives for momentary gain, unfortunately, without thinking about what will happen in a few years and what this kind of activity entails.

What is the risk?

Before considering this issue, let's see what the advantage of this kind of joint activity is for both the employee and the employer.

The employer receives the following benefits:

1. There is no need to pay mandatory contributions for a hired employee. This is a good opportunity to save money, as mentioned earlier.
2. Neither during the hiring of an employee nor during his dismissal will you have to follow the letter of the law, performing lengthy procedures. If the organization decides that it no longer needs the employee’s services, he is simply notified of this within a certain period. Naturally, you should not count on dismissal payments, and no one will warn the employee in advance.
3. Thus, it is easy to find a person who performs urgent work if a regular employee is ill or cannot cope with the duties assigned to him.
4. There are no additional costs associated with equipment downtime when it comes to production. According to the official contract that the employer signs with the employee, payment must occur even if production is stopped through no fault of the employee.
5. There is no need for document management in personnel. Accordingly, there is no need to fill out work books, reports and other documentation.
6. Vacation, maternity and other payments are not relevant in this case. The employee may lose considerable amounts of money, and he will also work without sick leave or vacations. He has no opportunity to complain, otherwise he faces dismissal.

The benefits that the employee receives are as follows:

1. A higher level of wages - in fact, the employee receives what, if officially employed, his employer would pay into the pension fund.
2. Minimal responsibility. If the contract was not signed, then even for the material damage caused, the employer will not need compensation.
3. There is no need to resort to mandatory payments. These are the following - repayment of loans, alimony payments, and so on. If a person is not officially employed, they will not ask him.
4. An opportunity to earn money if there is no chance of official employment. There may be several reasons for performing such an action, ranging from looking for part-time work to working in prohibited industries. This direction is very relevant for women on maternity leave, pensioners, and disabled people, who, if officially employed, may lose part or all of the payments due to them.

What responsibility will the employer bear for unofficial employment?

Many people do not know what the consequences for unofficial employment are for both the employer and the employee. First, let's look at the responsibility of the people providing the work.

Unofficial employment promises significant fines.

Breaking the law can result in a huge fine

After a person is hired, the organization’s employees must give him an employment contract to sign within 3 days - certain persons are responsible for this.

Violation of this rule is subject to certain penalties:

1. A fine of 50,000 rubles is an administrative liability.
2. Suspension of activities for an unspecified period.
3. The need to pay 20% of the total amount of funds to the tax office.
4. A fine of 100–300 thousand rubles if we are talking about opening a criminal case. If the circumstances are really serious, then the employer himself can go to jail for up to two years. The responsibility for unofficial employment is very serious and will have negative consequences!

The employee risks the following:

1. Lack of payment for work performed. It is virtually impossible to prove that he was actually employed in a particular organization.
2. Sick leave, maternity leave, and vacation will not be paid.
3. Most likely, he will not be provided with sick leave or vacation. In fact, an employee of a company working unofficially does not receive any guarantees or privileges that exist for people employed officially.

And if initially many, going to receive a salary in an envelope, do not think about the dangers of unofficial employment, then having fallen into this kind of trap once or twice, they are already wary of getting an unofficial job.

Features of employment without employment records

Each employee is required to have a work book, entries in which confirm the fact of work activity, experience in a specific position and length of service. The last point is especially important, since a person learns whether the period of work in a company that practices informal employment is included in the length of service after the fact, at the time of dismissal.

Working under an employment contract without a work book refers to cases of gross violation of the law and gives the injured employee the right to appeal to the labor inspectorate with a complaint about illegal actions with subsequent organization of an inspection.

An arrangement under an employment contract is a measure that allows you to record agreements between the employer and hired personnel. Having a document gives you the right to demand payment for sick leave, paid leave, and other social guarantees. If there is no contract, the employee remains without rights.

There is a company that does not want to provide employment without making a record; only in two cases is such a deviation from the rules allowed, in which an agreement is concluded, but records are not kept:

1. Registration of a part-time worker (involves making an entry at the main place of work).
2. Signing a GPC agreement (of a civil nature) on behalf of an individual (since records are made only by a legal entity or entrepreneur).

Sometimes, during employment, a work permit is not provided, however, the employer does not violate the law, since the person has just graduated from college or has lost the document. In both situations, the employing company undertakes the procedure for certifying the work record and makes an entry there after the main hiring.

Is employment official without a work permit?

You should not be deceived and believe the promises of an employer who claims that employment is possible without entering information into the employment form or without signing a contract.

Unofficial work means that the company does not pay social insurance contributions, does not make contributions to the Pension Fund or health insurance. Upon reaching retirement age, a person will not be able to confirm his own experience, i.e. Time spent working for an unscrupulous company will not be counted.

• An employer violates an employment contract: what should an employee do, how to sue

The employer, removing all responsibility for the hired personnel, becomes a violator of the law with all the ensuing consequences.

For an employee, consent to informal employment means:

• lack of legal protection and wage guarantees;
• lack of vacation, vacation pay, temporary disability benefits, etc.

Having received an industrial injury or mutilation, it is quite difficult to obtain compensation even through the courts.

When a company replaces a regular contract with an employee with a GPC agreement, the official should be prepared to receive a fine under administrative liability in the amount of 10 thousand rubles, and the company will pay a fine of up to 100 thousand rubles for each identified case of violations. Acceptance of an employee under a GPC agreement by a private entrepreneur also entails a fine.

Hiring a pensioner

Unlike citizens of working age, a pensioner does not need to earn seniority, since the status has already been assigned. Therefore, the situation is often viewed positively by the employee himself.

You can understand the employee - working as a pensioner under a contract on an official basis automatically deprives him of a number of privileges, and the contract states that...

However, in light of vigilant control by the Pension Fund, senior citizens risk getting into trouble not only in the form of deprivation of status, but also being brought to administrative responsibility for concealing income and changing status.

What should you know about responsibility?

This is also a highly controversial topic that is discussed very often. It all depends on what form of ownership the enterprise or organization has:

1. If we are talking about an LLC, then Article 5.27 of the Code of Administrative Offenses applies. The owner of the enterprise will have to pay a considerable fine, and the director may subsequently be fired. The fine can reach up to 100,000 rubles. This is possible for the first violation, and if the situation repeats, the measures will be more stringent. Criminal liability is also possible if the director or employee working in the human resources department failed to fulfill their duties.
2. IP work. If such violations are found in an individual entrepreneur, he will pay a fine of up to 5,000 rubles, and his activities will be suspended for a period of 90 days. If a specialist has not been working for the first day at the enterprise, and taxes for him have not been paid, criminal liability for such an oversight cannot be excluded.

What fines does an employer face for unofficial employment?

In fact, only the person providing the workplace will pay, but not the hired employee. The fact is that it is the employer who must enter into the contract, just as the corresponding entries must be kept in the work book.

The fine for unofficial employment, as we have already seen above, can vary from 5 to 300 thousand rubles, depending on the severity of such a violation.

Very large fines for unofficial employment

In some cases, it is even possible to take measures of not only administrative, but also criminal liability, and detention for up to two years.

That is why people who want to transfer some employees to an envelope salary should think about this kind of action. Needless to say, the organization itself may temporarily or permanently cease its activities due to such an offense.

Forms of employment

Love comes and goes, but, as they say, you always want to eat. And sometimes people often think about how to earn money for bread, bread and butter, bread and butter and caviar

Love comes and goes, but, as they say, you always want to eat. And sometimes people often think about how to earn money for bread, bread and butter, bread and butter and caviar. Sometimes these topics are more relevant than love squabbles

At the moment, the labor market in Buryatia is favorable for the job seeker, and finding a job, especially with experience, qualifications and relevant knowledge, is quite simple.

Every person in life goes his own way in any business, the same applies to employment. How many people - so many opinions. One easily puts himself in the hands of professionals, boldly turning to a recruitment agency, another buys tons of newspapers and magazines with vacancies, the third uses the most modern technologies and rejoices in the fact that he has the opportunity to position himself in front of a potential employer as an experienced PC user, and there is such category of applicant who uses proven “old-fashioned” methods and considers himself an adherent of national traditions. We will talk about all these methods.

"By connections"

The most reliable way, according to many of our compatriots, to find a good job. I won’t deny that this is practically the case, this is an old, proven “grandfather’s” method, it’s just not available to everyone, but that’s not the point.

I'll explain how it works. Before you start looking for a job, ask your relatives or friends for help. Tell us what position you would like to get, what salary you are interested in, and what work schedule you can afford, and your family will come up with everything else (your focus on the end result, hard work, literacy, non-conflict, communication skills, creativity). They will definitely take on this matter.

Firstly, it is natural for every person to feel significant: “If they turned to me for help, it means they think that I am worth something, there is no need to dissuade anyone from this, I will definitely help, and let everyone will see that there is nowhere without me!”

Secondly, many people are ready to help because they hope for a return in the future, for example: “My brother asks me to place my nephew in my friend’s company, I don’t want to bother, and my nephew is still a “worker,” but I myself have a daughter in her fourth year , and my brother has better connections than mine.”

And thirdly, no matter how phantasmagorical it sounds, one of your relatives can help unselfishly because they simply love you and wish you a successful career.

Getting a job through patronage is also beneficial because colleagues and bosses treat those who came through an advertisement and those who came through patronage completely differently, this is absolutely clear. To be honest, my first experience of employment was just in the “patronage” category.

My grandmother led me by the hand to N.’s institution and asked the manager to accommodate me. I began to work, by the way, rather mediocrely, due to my young age, lack of experience, and besides, this position implied a “secondary” personality. But everyone was confident in my special competence, because “Elena Nikolaevna is a lawyer with 50 years of experience, that’s why her granddaughter is so smart.” That is, my grandmother’s authority hovered over me like the shadow of Hamlet’s father.

Ksenia found a job through patronage. Here's what she thinks about it:

-I didn’t reinvent the wheel, I took advantage of the ancient Russian tradition of getting a job through relatives or friends. This proven method, I believe, is the key to my successful work. A relative brought me, told me who I was and what I could do, naturally, positioning me as a decent, neat, attentive, sociable, hardworking person. She vouched for me. I have been working in a store as a sales assistant for six months now. By getting a job in this way, I protected myself from disappointments, unnecessary unnecessary movements, etc. (such as running around for interviews and sending out resumes). I haven’t tried to get a job via the Internet, because I don’t have a connection to it, nor do I have a computer. I didn’t risk getting a job based on an advertisement in the newspaper - I heard that they often cheat a lot, use the labor of new workers, and then don’t pay anything. I recommend to everyone that if you have relatives or friends, it’s better to contact them and let them help you find a job, this is the best option.

By advertisement

“They will call you according to the advertisement” - this is a humorous curse that is often heard. This means that often employees hired based on an advertisement have unimportant qualifications and insufficient professionalism, and the position offered by the employer in this way is probably far from a “cushy place” (in this case, it would have long been taken by a friend or relative from the management team of the enterprise ).

I'll tell you more about this method. It also has its own advantages - for example, its accessibility.

Anyone who does not have relatives, access to the Internet and the ability to pay for the services of a recruitment agency can afford to purchase an advertisement newspaper. Its price does not exceed 15 rubles.

For your information, such publications contain vacancies in almost all fields of activity: doctors, teachers, economists, lawyers, secretaries, managers, commodity experts, restaurateurs, chefs, etc. can find something suitable here; there are special sections for those who do not have no qualifications, but wants to earn money.

There is an opinion that newspapers send vacancies that are not in great demand. Yes, I won’t argue, “there is such a letter in this word.” But it also happens that very decent vacancies end up in the newspaper, so it’s always worth a try.

On the other hand, professions that we do not consider prestigious - such as advertising manager, real estate agent, and so on - may well bring decent income and career growth if you have a little talent, desire, and self-confidence for this business and luck.

Kirill: — At the time when I finally decided to join the workforce, I had neither education nor experience, and I also did not have relatives and acquaintances who would help me get a job, so I chose methods of finding a job from I didn't have the opportunity. I took the simple route: I bought newspapers with job advertisements and chose a page that indicated jobs that did not require special training. One real estate company recruited any adult, sociable and charming; such things as registration, higher education, work experience in their specialty did not matter. And now I’ve been working here for three years, I’ve gained experience, I’ve succeeded in this business, my fees are quite high, and I’m not going to change my place of work. I consider my method of employment to be the most democratic.

Internet

There are special sites on the World Wide Web for employment and job searches. I won’t list their names, that would be advertising, but I’ll tell you how it works.

You open any search engine, type in the word “job”, and the names of the sites you need come up. The sites are designed in this way: there are pages for employers, and there are for applicants, you select the word “vacancies”, in the vacancies you select what you need, for example “accountant, Ulan-Ude”, and read the list of vacancies.

If you like the conditions of a particular company, send your resume (it is compiled directly on the website). My personal advice: in addition to sending your resume to the employer’s email address, write down the organization’s phone number; in the future it will be much easier: you can find out whether the HR department received your resume, whether it was reviewed, whether you will be invited for an interview, or whether your candidacy was immediately rejected. The cases are just different.

One of my friends communicated with a potential employer via email, she simply wrote a letter to the company with the vacancy of her dreams. After waiting for quite a long time, she found a worse job, so to speak, that did not fully meet all her requirements, and registered in the proper manner. On the day the employment record was entered into her work record, she received an invitation to an interview for the position of “her dreams.”

Natalya: — I’ve been working in a prestigious bank for a year now. I’m very pleased: I have a prestigious job, a high salary, and I also have work experience in an economics specialty. The Internet helped me achieve all this. Getting a job based on an advertisement in a newspaper is a thing of the past. Not everyone has relatives, and even if they do, not everyone wants to bother with their less successful brothers. I posted my resume online and waited. As a result, I received invitations to different vacancies, so I still had the opportunity to choose: which bank is more prestigious, which offers a social package, high wages and, in the end, which one is closer to home. My method is the most creative, fastest and immediately makes it clear to the employer that you are familiar with office equipment.

Recruitment agency

The most civilized form of employment, in my opinion, is contacting a recruitment agency. They are created specifically to help job seekers in the difficult task of finding employment. Professionals select the necessary staff for enterprises, and a suitable place of work for specialists.

What is the advantage of working with an agency: you can work at your own company (the one you want to leave; of course, you don’t have the opportunity to go for interviews). The agency representative will draw up a resume himself, based on the copies of documents and questionnaire you left at the agency, send the resume to the right places, and only after making sure that the employer really “liked” you in absentia will he invite you to a meeting with him.

Alena: — I didn’t start looking for employment myself, but turned to a recruitment agency. She presented her photo, copies of documents on education, experience, expressed her wishes regarding working conditions, wages, work schedule and the location of a potential place of work, while she herself visited museums, exhibitions, and met with friends. My agent invited me only to those interviews where the company met my requirements and where the management, visually getting to know me, was not against cooperation. As a result, they found me a job relatively quickly. I believe that by choosing the right agency, it is much easier to find a job than going through all the employers yourself, getting tired and disappointed. It’s always easier to meet someone not “at random,” but when someone introduces you.”

I wish you success on the labor front, prosperity, recognition and high incomes.

What is the right thing for an employee to do?

It happens that initially, when applying for a job, a person is unofficially given a promise that after some time he will be transferred to the company’s staff. If time passes, and the manager does not stutter about it, then you should think about where to turn.

One option is to contact the courts. In this case, it is necessary to submit documents proving the fact of unofficial employment. For example, a contract was signed with the employer, but there was no record of the work in the work book.

Contact the judicial authorities if the matter with documents is dragging on.

The employee may have orders or agreements, other company documents with the signature of an employee or director. There are documents indicating that there was an employment relationship between the two parties.

These could be receipts for payment for courses or refunds for the use of personal transport, and so on. It is also important to involve witnesses. These are people who officially work at the enterprise.

We also recommend reading the article “Courses with employment in St. Petersburg.”

Official employment - registration according to the Labor Code of the Russian Federation

By official we mean employment according to the Labor Code of the Russian Federation, according to which the employee is given the right to receive the salary established by the employment contract, paid vacations and sick leave; in addition, the employer assumes the responsibility to pay insurance premiums, taxes, etc. for the employee. In other words, official employment guarantees the employee receiving all the rights and guarantees enshrined in law.

Official employment is carried out on the basis of a personal written application from the employee, by issuing an appropriate order by the employer and concluding an employment contract (TA). The last document is drawn up and signed in 2 copies (one for each party). Employment information is always entered into workers’ work books.

After concluding a TD, the employer must pay taxes and bear other additional obligations to the employee. To avoid unnecessary hassle and save on taxes and other payments, some employers are in no hurry to officially employ citizens and offer unofficial employment or limit the formality of it. So, for example, they can offer a job:

Subscribe to our newsletter

Read us on Yandex.Zen Read us on Telegram

• on the terms of an oral agreement (without execution of any documents);
• on reduced working hours (despite the fact that the employee actually works full time);
• on conditions of the lowest possible wage (the so-called black-and-white salary).

How to distinguish official employment from unofficial one?

Everything is quite simple here:

• When officially employed, either an employment or civil law contract is signed. Employment agreements or contracts can be fixed-term or indefinite. In the first case, it is recorded how long the enterprise will require the help of a specialist. Additional data that is indicated in the contract is all the complete legal information about both parties, the conditions for signing the contract, its subject, the amount of payment, the place of business, the start date of work for an open-ended contract, the end date of work for a fixed-term contract.

Often there are episodes when, while working full time, an employee is given a part-time job, or the official salary is paid in the amount of the minimum indicator, and the rest is paid in an envelope. In this case, it is necessary to remember that the amount of wages will directly influence the calculation of pensions in the future.

• Unofficial employment. The agreement is not drawn up and signed by the parties, and no entry is made in the work book. In fact, such an action is illegal.

Negative aspects of official employment

Along with the positive aspects of official employment, in some life situations, working without an employment contract will be more preferable:

• Along with rights, a person receives responsibilities . In some cases, an agreement on full financial responsibility is signed with the employee.
• An employee of an organization is obliged to comply with labor discipline approved at the enterprise where he works.
• withholds income tax from the amount of earnings .
• When dismissing an employee who violated internal regulations and committed other offenses, a corresponding entry .
• Upon dismissal of one's own free will, the employer has the right to oblige the employee to work for a certain amount of time .
• In cases where enforcement proceedings , amounts are withheld from his earnings, according to the enforcement documents.
• In some cases, an employment contract may prohibit external combinations .

Very often, working without registration is beneficial to certain categories of the population . Pensioners very often take up such work because it is economically profitable. Only from August 2020, working pensioners will receive pension indexation in full. Until this time, pensions for this group of pensioners were not indexed.

Students often work in low-paid jobs . The positions for which they are accepted do not always correspond to the professions chosen by future specialists.

Sometimes unofficial earnings are much higher , and this attracts some people. The amount of earnings increases due to the employer’s savings on unpaid taxes and contributions.

In most cases, employment is required in accordance with current legislation . While receiving little benefit from informal work, a person loses a lot without even realizing it. Firstly, he loses the feeling of being protected by the current legislation. Secondly, he will not have an insurance work history necessary for calculating a pension. The required insurance contributions, which have a great impact on the size of the future pension, are not transferred. Thirdly, by concluding only a verbal agreement, a person runs the risk of being defrauded with payment . Promised vacations and other benefits may remain just promises. These are just the main disadvantages of unofficial work.

Pros and cons of the situation

Naturally, both employees and employers derive considerable benefits from the existing action plan. It often happens that the employee himself is satisfied with working not under a contract, without an entry in the work book. Very often this is the sin of people doing work without a specific education. Those who are mired in loans and do not want to pay them off from their hard-earned funds are prone to such actions. This option is also relevant for people who pay alimony and do not want to give up part of their earnings to provide for their children.

Of course, nowadays you can easily take out a loan with informal employment, but the amount for it will be much less. This also needs to be remembered, because no bank will take risks if it is not sure that its funds will be returned with interest.

A salary in an envelope does not always lead to success

However, there are cases when it is more than beneficial for both the employee and the employer to cooperate informally. A striking example is networking. In fact, it will be impossible to prove the provision of services to a certain party or the receipt of funds from it. There are certain risks in this area, since the employee and the employer do not meet in reality.

On the other hand, this approach will be ideal for many people who do not have the opportunity to work even part-time in other organizations. This includes pensioners, students, mothers on maternity leave, disabled people, people who do not have the right to conduct parallel activities in two or more organizations.

Before starting work, you need to make sure that payment for the activities carried out will be provided in full, just as the services promised by the contractor will be provided in full.

Concept, types and stages of employment.

⇐ PreviousPage 6 of 11Next ⇒

The concept of employment is narrower than the concept of “employment”, and employment itself precedes employment and is its most important guarantee. Employment covers the entire system of organizational and legal measures to ensure employment. Employment in a broad sense is any process of finding a job, including employment both independently and with the help of an employment service agency, and the transfer of a released employee with his consent in the order of employment to another job in the same organization. In a narrow sense, employment is the activity of relevant government bodies to assist citizens in finding suitable work and getting a job, including the process of their professional training, retraining, etc. The importance of employment lies in the fact that it: a) provides citizens with assistance in realizing the right to work and getting a job; b) helps employers select the necessary labor force; c) reduces the loss of working time when looking for a new job. Employment can be carried out in two types: independently and through employment agencies (special). Special types of employment: 1) organized recruitment and dispatch of labor to sites and areas in need of an influx of labor. This type of employment was common in the pre-reform period and was supported by administrative (state) leverage. Now it is practically not used. 2) sending to work graduates of special educational institutions who have entered into agreements with employers on the training of young specialists and workers for their production. 3) Quotas of jobs for persons in need of special social protection of citizens. Some citizens especially need assistance in finding employment: people with disabilities; persons released from institutions executing a sentence of imprisonment; minors aged 14 to 18 years; persons of pre-retirement age (two years before the age entitling them to an old-age retirement pension); refugees and internally displaced persons; citizens discharged from military service and members of their families; single and large parents raising minors and disabled children; citizens exposed to radiation as a result of radiation accidents and disasters; graduates of primary and secondary vocational education institutions looking for work for the first time (Article 5 of the Employment Law). 4) Employment of foreign citizens.

5) Referral to community service.

A.S. Pashkov divides the employment process (in the narrow sense) into two stages[9]. The first stage is contacting the employment service. As a result of such an appeal, a special legal relationship arises under which a citizen has the right to demand the selection of a suitable job for him, and in the absence of one, registration, referral to vocational training or payment of unemployment benefits. The employment agency is obliged to register such a citizen, assist him in obtaining a suitable job or acquiring qualifications, and if this is not possible, pay benefits from the state employment fund according to the conditions and standards established by law. The first stage of employment ends with the issuance of a special referral to work or vocational training to the interested citizen.

The second stage of employment consists of concluding an employment or student agreement with an organization (educational institution), which is indicated in the direction of the employment authority. Thus, the employment service acts as an intermediary in legal employment relations, and the job referrals it issues are advisory in nature.

62. System of training and retraining of the unemployed with the help of the employment service.

In paragraph 1 of Art. 23 of the Law of the Russian Federation “On Employment of the Population in the Russian Federation” lists possible cases of sending unemployed citizens for vocational training, advanced training and retraining.

These include:

inability to find a suitable job due to the citizen’s lack of necessary professional qualifications

the need to change a profession (specialty, occupation) due to the lack of work that meets the citizen’s existing professional skills

loss by a citizen of the ability to perform work in his previous profession (specialty)

Completing vocational training is the right of an unemployed citizen.

The implementation of this right entails the emergence of new responsibilities for the employment service authorities that sent the citizen for training, for example, to provide the unemployed with suitable work in accordance with the skills acquired during such training.

Whereas refusal to exercise this right in some cases is associated with adverse consequences for a citizen. In particular, termination of training as directed by the employment service is one of the grounds for suspending the payment of unemployment benefits. However, the presence of adverse consequences does not turn a citizen’s right to vocational training into an obligation.

Refusal to exercise any right is always associated with unfavorable consequences, since in this case there is no obligation corresponding to this right. In this connection, refusal to undergo vocational training in the direction of the employment service authorities exempts from the obligation to pay unemployment benefits within the period established by law.

Such a refusal indicates the unemployed citizen’s lack of willingness to perform the work that the employment service agency may offer him. In this connection, the suspension of payment of unemployment benefits in connection with refusal of vocational training in the direction of the employment service does not contradict the concept of an unemployed citizen, one of the components of which is the readiness to start a suitable job.

From paragraph 2 of Art. 23 of the Law of the Russian Federation “On Employment of the Population in the Russian Federation” it follows that vocational training, advanced training and retraining of unemployed citizens are carried out in educational institutions of vocational and additional education, training centers of employment services or other educational institutions, educational divisions of organizations or in other educational institutions in accordance with the contracts concluded by the employment service authorities.

Consequently, upon the direction of the employment service authorities, a citizen can study in educational institutions with which the employment service authority, where the citizen is registered as unemployed, has concluded an appropriate agreement. For citizens, this training is provided free of charge.

63. Specifics of employment of weakly protected categories (disabled people, youth, graduates of higher and secondary specialized institutions, etc.)

To provide public services, a department has been allocated to provide employment assistance to vulnerable categories of citizens and youth. Disabled people; persons released from institutions executing a sentence of imprisonment; refugees and internally displaced persons; citizens discharged from military service and members of their families; single and large parents raising minor children and disabled children; citizens exposed to radiation as a result of Chernobyl and other radiation accidents and disasters; officially registered as unemployed have the right, as a matter of priority, to undergo vocational training, retraining and advanced training, and to receive government services for vocational guidance, psychological support, and social adaptation. Also, for this category of citizens experiencing difficulties in finding work, participation in the temporary employment program is offered. During the period of temporary employment, unemployed citizens receive monthly, in addition to wages, financial support in the amount established by law.

Participation in temporary work gives citizens the opportunity to find employment in an organization on a permanent basis.

Unemployment benefit.

Unemployment benefit is a regular state social cash payment to persons recognized by law as unemployed, in the prescribed manner. The decision to pay unemployment benefits must be made simultaneously with the decision to recognize the citizen as unemployed. In Russia, the payment of unemployment benefits is regulated by the federal law “On Employment in the Russian Federation”. According to this law, the amount of benefits is established by the Government of the Russian Federation. The Government of the Russian Federation in Resolution No. 888 of November 3, 2011 “On the amounts of the minimum and maximum amounts of unemployment benefits for 2012” established: - the minimum amount of unemployment benefits in the amount of 850 rubles. — the maximum amount of unemployment benefits is 4,900 rubles.

Who is paid to:

Citizens who were dismissed for any reason during the 12 months preceding the start of unemployment, who during this period had paid work for at least 26 weeks on a full-time (full-time) or part-time (part-time) basis, recalculated to 26 weeks with full-time work (full workweek), and recognized as unemployed in the prescribed manner.

What are the conditions, terms and amounts of benefit payment:

⇐ Previous6Next ⇒