Legal regulation of employment and employment in the Russian Federation. Abstract: Legal regulation of employment and employment of the population of the Russian Federation Regulation of employment
According to the Constitution, the Russian Federation is a social state whose policy is aimed at creating conditions that ensure decent life and the free development of man, in which everyone has the right to protection from unemployment.
The Labor Code of the Russian Federation also regulates relations in the field of employment and placement, since it sets out the grounds for concluding and terminating employment contracts. The most important source of legal regulation of relations in the field of employment and employment is the Law of the Russian Federation “On Employment of the Population in the Russian Federation” of 1991 (hereinafter referred to as the Employment Law), which is constantly being amended and supplemented, as a result of which the regime of legal regulation in the field of employment becomes more tough. This indicates that government policy in the field of employment is aimed at stimulating the search for work by the unemployed citizen himself.
Other sources regulating issues in this area include Decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation (for example, Decree of the Government of the Russian Federation of April 22, 1997 “On the procedure for registering unemployed citizens”, Regulation “On the organization of work to promote employment in conditions of mass unemployment ", approved by the Decree of the Government of the Russian Federation of February 5, 1993).
Employment –This is the activity of citizens related to the satisfaction of personal and social needs, which does not contradict the legislation of the Russian Federation and, as a rule, brings them income from work..
State policy in the field of promoting employment aimed at:
Ensuring equal opportunities for all citizens of the Russian Federation, the right to voluntary work and free choice of employment;
Creating conditions that ensure a decent life and free development of people;
Supporting the legitimate labor and entrepreneurial initiative of citizens, promoting the development of their abilities for creative work;
Ensuring social protection in the field of employment, carrying out special events to promote employment of citizens who are especially in need of social protection and those experiencing difficulties in finding work (disabled people; minors seeking work for the first time; people of pre-retirement age; refugees and internally displaced persons; citizens laid off from military service; single and large parents; citizens exposed to radiation as a result of Chernobyl and other radiation accidents and disasters, etc.);
Prevention of mass and reduction of long-term (more than one year) unemployment;
Coordination of activities government agencies, trade unions, other representative bodies of workers and employers in the development and implementation of measures to ensure employment of the population.
Basic forms of employment
1. Information about the labor market, employment opportunities in a specific specialty, and the dynamics of the labor market.
2. Free search for a suitable job.
3. Providing opportunities for advanced training, retraining or acquiring a new profession.
4. Youth practice (employment of graduates of vocational educational institutions who cannot find work).
5. Conducting job fairs to provide temporary employment for teenagers.
6. Involvement in community service.
7. establishing a norm for the mandatory hiring of citizens in need of increased social protection, for example, people with disabilities, which makes it possible to provide employment to socially vulnerable categories of citizens.
Conditions for recognizing citizens as unemployed. The procedure for assigning and paying unemployment benefits
Unemployed recognized as able-bodied citizens who do not have a job or income, are registered with the employment service in order to find suitable work, are looking for work and are ready to start it.
The decision to recognize as unemployed is made by the employment service authorities at the citizen’s place of residence only for that citizen for whom the employment service has not found more than two suitable job options within 10 days from the date of registration in order to find a suitable job.
Unemployed status is not acquired by citizens who have submitted documents containing deliberately false information about the lack of work and earnings, as well as who have provided other false data to be recognized as unemployed. At the same time, the employment law does not provide for any other liability for this.
Suitable work corresponding to professional criterion(corresponds to the professional suitability of the employee, taking into account the level of his professional training), property criterion(complies with the conditions of the last place of work, including the salary conditions), transport accessibility criterion, (set by local governments taking into account the development of the public transport network in a given area, for example, in Moscow the limit of transport accessibility is 1.5 hours), state of health(the proposed work should not be contraindicated), working conditions for the proposed work must comply with labor protection rules and regulations.
It should be noted that unemployed are citizens who are actively looking for work and are ready to start work. If, for example, he was sent to work and he did not show up for an interview with the employer, then the employment service may suspend the payment of unemployment benefits or deprive him of his unemployed status.
Unemployed citizens have the right to :
Choosing a place of work, including outside the territory of the Russian Federation;
Free consultation and free information from employment agencies for the purpose of choosing a profession and the possibility of receiving vocational training;
Free vocational guidance, vocational training, retraining and advanced training as directed by the employment service;
Unemployment benefits;
Appealing a decision, action or inaction of employment service authorities and officials to a higher authority, as well as to the court.
b the unemployed person is obliged :
1) actively search for work;
2) provide original documents;
3) undergo re-registration;
4) come to the employer as directed by the employment service to negotiate employment.
Unemployment benefits is paid, as a rule, as a percentage of the citizen’s average earnings calculated over the last three months at the last place of work.
Public works - these are the types labor activity, as a rule, do not require preliminary professional training, have a socially useful orientation and are organized as additional social support for unemployed citizens (for example, work on landscaping, road construction, housing construction, care for the elderly, etc.). The involvement of citizens in public works is carried out exclusively on a voluntary basis (in the form of a fixed-term employment contract), and the health status, age, professional and other individual characteristics of citizens are taken into account.
Unemployed citizens who have lost the right to unemployment benefits due to the expiration of the payment period, employment service bodies, executive authorities and authorities local government Additional material and other assistance may be provided (for example, subsidies for the use of preschool institutions, housing, utilities, public transport, health care and public catering services).
1. The most important regulatory legal act regulating relations in the field of legal regulation of employment is the Law of the Russian Federation “On Employment of the Population in the Russian Federation”.
Employment- this is the activity of citizens related to the satisfaction of their personal and social needs, which does not contradict the law and, as a rule, brings them earnings or labor income.
The relationship between the concepts of “earnings” and “labor income”.
Types of employment:
1) full-time or part-time hired work, including temporary and seasonal work. Temporary absence from work does not interrupt the state of employment;
2) entrepreneurship, including farming;
3) independent provision of work (persons of creative professions);
4) work based on membership in cooperatives and artels;
5) elective work in paid positions, public service;
6) military and equivalent service;
7) study in any full-time educational institutions, including in the direction of the employment service;
8) work on civil contracts;
9) auxiliary industries and sales of products under contracts.
Currently, at the state level, the Federal Service for Labor and Employment (Rostrud) deals with issues of employment and placement of citizens.
All citizens (both employed and unemployed) can contact the employment service. The State Employment Service provides services to citizens free of charge.
2. Unemployed recognized as able-bodied citizens who do not have a job or income, are registered with the employment service in order to find a suitable job, are looking for work and are ready to start it.
To recognize a citizen as unemployed, neither the reason for his dismissal from his last job nor the period that has passed from the date of dismissal to the day of contacting the employment service matters.
A citizen is considered unemployed if he:
Able to work due to age and state of health (i.e., has reached 16 years of age and does not receive an old-age or long-service pension);
Has no job and no income (income);
Registered with the employment service authorities at the place of residence in order to find suitable work (refugees and forced migrants are registered at the place of their stay);
Looking for a job and ready to start it.
Refusal is possible only on the grounds provided by law.
Refusal to register does not deprive a citizen of the right to re-apply to the employment service after two weeks.
3. The state guarantees to the unemployed:
Payment of unemployment benefits, including during periods of temporary incapacity for work;
Payment of stipends during the period of professional training, advanced training, retraining as directed by the employment service, including during periods of temporary disability;
Opportunity to participate in paid community service;
Reimbursement of expenses in connection with voluntary relocation to another area for employment as directed by the employment service.
All this does not interrupt the length of service and is counted towards the length of payment of insurance contributions, which is important for establishing the right to labor pensions.
During a period of unemployment, an unemployed citizen and persons in his employ may be provided with material and other assistance by the employment service authorities.
4. Unemployment benefits- these are monthly cash payments made from pension fund for social support for the unemployed.
The amount of unemployment benefits depends on various factors: the category of the unemployed, the length of work experience, previous earnings, the presence of dependents, etc.
The decision to grant benefits is made simultaneously with the recognition of the citizen as unemployed.
The procedure, amount and conditions for assigning and suspending the payment of unemployment benefits are determined by law.
The employment situation in the Russian Federation indicates that the ability of the labor market to self-regulate today does not correspond to international standards. This is confirmed by the fact that currently in the Russian Federation there are about 7 million unemployed, 22 million hidden unemployed. This circumstance predetermines the need to use elements of state legal regulation in the field of promoting employment and employment of the population.
Legal norms make it possible to cover as a general rule the process of one or another work (production) that is repeated day after day, the distribution and exchange of labor products, and to subordinate actions individual general conditions of this process. As a result of legal regulation, the ordering and normative development of social and labor relations is achieved, coherence in work and coordination of the labor activities of people and their associations is ensured.
In the totality of social relations that form the subject of legal regulation of employment promotion, the following types of relations should be distinguished:
- 1. The actual employment relationship that develops between job seekers, employment service agencies and employers regarding assistance in finding suitable job options;
- 2. Relationships regarding vocational guidance and vocational training that develop between the unemployed, employment services, general education or other educational institutions;
- 3. Relations arising between unemployed citizens, other citizens registered with the employment service and between executive authorities of constituent entities of the Russian Federation, local governments, employers in the organization and conduct of public works;
- 4. Relations regarding the provision of social guarantees and compensation to unemployed citizens (payment of unemployment benefits, scholarships, financial assistance, other types of social support).
As already noted, the Employment Law defines employment as the activity of citizens related to the satisfaction of personal and social needs, which does not contradict Russian legislation and, as a rule, brings them earnings, labor income.
Analysis of legislation on employment allows us to identify the following three groups of employed citizens:
- 1. Persons engaged in labor activity (in a broad sense) in the sphere of both public and personal labor;
- 2. Those engaged in other types of socially useful activities;
- 3. Persons who do not carry out any activity, but are recognized as employed.
The first group of the employed population includes: citizens working under an employment contract (with the exception of citizens participating in public works); persons engaged in entrepreneurial activities, performing work under civil contracts, the subjects of which are the performance of work and the provision of services; citizens elected, appointed or approved to positions in bodies state power, management, public associations.
The second group consists of citizens undergoing military service or service in internal affairs bodies, as well as able-bodied citizens undergoing full-time courses in educational institutions, primary vocational, secondary vocational and higher education institutions. vocational education and others educational institutions, including training in the direction of the employment service.
The third group includes workers temporarily absent from the workplace due to disability, vacation, retraining, advanced training, suspension of production caused by a strike or other reasons, as well as citizens who are founders (participants) of organizations, with the exception of founders (participants) of public and religious organizations (associations), charitable and other foundations, associations of legal entities (associations and unions) that do not have property rights in relation to these organizations. At the same time, the latter should be classified as the third group of the employed population only if they do not carry out actual work in the course of the activities of the corresponding legal entity.
The legislation provides for the obligation of a forced unemployed citizen to declare this. This is one of the new principles that determine the rules of conduct for citizens and the state in the labor market: it is not the state that identifies unemployed people, but the unemployed citizen himself turns to the state for help, namely the State Employment Service. The person is registered as a job seeker. And from this moment on, the state has an obligation to provide him with suitable work within 10 calendar days. If after this period there are no offers for suitable work, then he acquires the status of unemployed and begins to receive state benefit.
The subject of legal regulation of employment promotion is not employment itself, but the activities of bodies providing assistance in the employment of citizens. Employment promotion in addition to employment includes: vocational training; retraining; advanced training; organization of public works; providing social support to unemployed citizens.
The main sources of legal regulation of employment are:
International treaties and agreements;
Constitution of the Russian Federation 1993;
Federal laws: Law of the Russian Federation "On Employment of the Population in the Russian Federation", Labor Code, other laws. Regulating legal relations in the field of labor and employment;
Decrees of the President, resolutions of the Government;
Legislative acts of the constituent entities of the Russian Federation;
Legislative acts of local governments;
Local acts (collective agreements).
The Constitution of the Russian Federation of 1993 is the Basic Law of the country, defining public and government system, the order and principles of government representatives, the electoral system, the basic rights and responsibilities of citizens.
In paragraph 3 of Art. 37 of the Constitution of the Russian Federation provides for the right to protection from unemployment with a guarantee of employment and employment.
Enshrining in the Constitution the right to protection from unemployment as an integral element of the right to work is of vital importance for all wage earners, as well as society as a whole. The desire of any society for full employment is connected not only with the fact that labor creates material goods and services, but also with the fact that the remuneration that workers receive provides them with the opportunity to realize their social role in society and the sense of self-esteem they acquire in connection with this. Almost all the most important international legal acts on the rights and freedoms of man and citizen contain provisions on the interdependence of free labor, free choice of activity and profession, and protection from unemployment.
Issues of employment and employment are regulated by the Employment Law, which is central to the entire system of legislative acts in this area. The law consists of seven chapters and includes 39 articles.
Chapter 1 “General Provisions” (Articles 1-7 of the Federal Law of the Russian Federation “On Employment of the Population in the Russian Federation”) defines the concepts of employment of citizens, the procedure and conditions for recognizing them as unemployed, suitable and unsuitable work, and also determines state policy in the field of assistance employment of the population. In addition, this chapter concentrates on the essence of the legislation of the Russian Federation on employment issues, as well as the powers federal bodies state authorities, state authorities of constituent entities of the Russian Federation, local governments in the implementation of state policy in the field of promoting employment.
Chapter II “Rights of citizens in the field of employment” (Articles 8-11 of the Employment Law) establishes the right of citizens to choose a place of work, vocational guidance, vocational training, advanced training, obtaining information from the employment service, professional activity abroad, appeal actions of employment service bodies and their officials.
Chapter III “State Guarantees in the Field of Employment” (Article 12 of the Employment Law) provides general guarantees for the implementation of citizens’ rights to work, as well as additional employment guarantees for certain categories of the population, including quotas for hiring people with disabilities, provision of services vocational guidance, as well as by organizing training under special programs and other measures.
Chapter IV “Regulation and organization of employment of the population” (Articles 14 - 24 of the Law on Employment) includes the following issues: regulation of employment of the population, the federal state employment service, systematic reporting and information on employment of the population, attracting foreign workers to the territory of Russia labor force, licensing of activities related to the employment of citizens of the Russian Federation outside its territory, organization of public works, etc.
Chapter V “Participation of employers in ensuring employment of the population” (Articles 25 - 26 of the Employment Law) regulates issues related to the assistance of employers in ensuring employment of the population and their legal status.
Chapter VI " Social guarantees and compensation” (Article 27 of the Employment Law) establishes benefits and compensation for employees released from organizations; guarantees of social support for the unemployed; the amount of scholarships paid to citizens during the period of professional training, advanced training and retraining in the direction of the employment service; the procedure for determining the amount of unemployment benefits, the conditions and terms of its payment, the amount of unemployment benefits, as well as the procedure for suspending its payment or terminating payment, etc.
It should be added that the Constitutional Court of the Russian Federation considered in an open session the case on checking the constitutionality of paragraph six of paragraph 1 of Article 28 of the Federal Law of the Russian Federation “On Employment of the Population in the Russian Federation” in the part establishing payment to unemployed citizens for no more than 30 calendar days of their temporary disability in during a 12-month period of unemployment or the entire period of study as directed by the employment service.
The basis for considering the case was the revealed uncertainty as to whether the specified provision on the period for payment of benefits in connection with the illness of an unemployed person complies with the Constitution of the Russian Federation.
During the consideration, it became obvious that the above provision conflicts with Article 39 (Part 1) of the Constitution of the Russian Federation, which guarantees everyone social security by age, in case of illness, disability, loss of a breadwinner, for raising children and in other cases established by law.
The Constitutional Court of the Russian Federation recognized the provision of paragraph six of paragraph 1 of Article 28 of the Law of the Russian Federation “On Employment of the Population in the Russian Federation” as amended on April 20, 1996, establishing a limit on payment for the period of temporary disability of unemployed citizens to 30 calendar days during a 12-month period of unemployment or total period of training in the direction of the employment service authorities, which does not comply with the Constitution of the Russian Federation, namely its Article 39 (Part 1), since federal legislation does not have adequate guarantees for providing the unemployed with another source of livelihood (minimum material support) within the framework of the social security system during the continuation of temporary incapacity for work beyond the specified period.
On July 30, 1998, the Government of Russia approved the draft Federal Law on amendments and additions to the Employment Law, which assumes that the payment of temporary disability benefits by citizens during their illness will not be limited to 30 calendar days, but will increase to 12 months.”
Chapter VII (Articles 38 - 39 of the Employment Law) determines the procedure for monitoring the implementation of the Law in question and responsibility for its violation.
By-laws regulating employment issues include:
Decrees of the President of the Russian Federation “On additional measures to protect the labor rights of citizens of the Russian Federation”, “On the independence of the federal employment service”. By the latest decree, this service was separated from the Ministry of Labor of the Russian Federation into an independent central executive body, designed to provide leadership in ensuring state policy in the field of employment of the population of the Russian Federation.
Decrees of the Government of the Russian Federation, such as “Issues of the Federal Service for Labor and Employment”, “On the size of the minimum and maximum amounts of unemployment benefits”, “On the creation of a system of vocational guidance, retraining, employment and social adaptation for military personnel and citizens discharged from military service ", "On the organization of training for the unemployed population in the basics of entrepreneurial activity", "On the approval of the Regulations on the organization of public works", etc.
Among others regulatory documents you should indicate the “Regulations on the previously operating Federal State Employment Service of Russia”, approved by a resolution of the Government of the Russian Federation, which specifies the main tasks of this service and its functions. With the formation of the Ministry of Labor and Social Development, the Federal State Employment Service was abolished, and its functions, but essentially, were vested in the Department of Programs and Services to Promote Employment of the Population of this Ministry. In 2004, a decree of the Government of the Russian Federation approved the “Regulations on Federal service on labor and employment".
The Decree of the Council of Ministers - Government of the Russian Federation dated February 5, 1993 approved the “Regulations on the organization of work to promote employment in conditions of mass layoffs,” which established the criteria for the mass layoffs of workers, determined the list of activities and the basic principles of interaction between employers, trade unions and executive authorities of the republics in composition of the Russian Federation, territories, regions, autonomous entities, cities and districts in conditions of mass liberation."
In accordance with Art. 3 of the Employment Law, the Government of the Russian Federation has approved the procedure for registering unemployed citizens." Based on Art. 24 of the Law on Employment The Government of the Russian Federation approved the “Regulations on the organization of public works”, which determines the procedure for organizing public works and the conditions for the participation of citizens in these works.
As already noted, the normative part of social partnership agreements and collective agreements also contains regulations regarding employment issues. This is also the goal of many departmental acts adopted, in particular, by the Federal State Employment Service, the Ministry of Labor and Social Development of Russia, as well as the legislation of the constituent entities of the Russian Federation.
Thus, the resolution of the Ministry of Labor of the Russian Federation approved “Recommendations on quotas for jobs in enterprises, institutions and organizations for persons in particular need of social protection.”
According to these recommendations, quotas for jobs for hiring people who are in particular need of social protection and experiencing difficulties in finding work are carried out in order to provide additional guarantees of employment for citizens.
Local governments have the right to establish a quota for hiring this category of citizens. The latter, taking into account the situation developing in the labor market, on the proposal of the relevant territorial bodies of the state employment service with the participation of labor authorities, establish quotas for enterprises (organizations, institutions), regardless of their form of ownership, for hiring citizens who are especially in need of social protection and experiencing difficulties in finding work.
From the above Recommendations, it is clear that unemployed citizens who are in particular need of social protection and have difficulty finding work, who are registered with the state employment service, have a priority right to be referred for employment.
Job quotas for enterprises (organizations, institutions) are carried out on the basis of agreements concluded with them by local governments.
Such an agreement must, among other things, contain the following mandatory information:
- 1) About the name of the workplace;
- 2) About the category of citizens for whom jobs have been created;
- 3) On sanitary and hygienic requirements and recommendations of medical and social examination on working conditions and regimes;
- 4) About sources of financing or tax benefits and payments;
- 5) On sanctions against the party that has not fulfilled the terms of the agreement.
The conditions and procedure for establishing a quota, its size and validity period, the categories of citizens for whom it is established are approved by the local government with the involvement of the relevant territorial body of the state service for promoting employment, labor authorities and public organizations, respectively, representing the interests of certain groups of citizens .
Regulatory acts subjects of the Russian Federation in the field of employment. Article 72 of the Russian Constitution, in accordance with the principle of federalism, defines the sphere of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. In particular, paragraph “g” of Art. 72 of the Constitution states that social protection, including social security, is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. The latter also includes state guarantees in the field of employment.
In accordance with these provisions of the Constitution of the Russian Federation, a similar principle is enshrined in the Employment Law, namely in paragraph 1 of Art. 6, paragraph 2 and 3 art. 7, and in paragraph 2 of Art. 5 of this law. In particular, paragraph 2 of Article 5 states: “State policy in the field of promoting employment of the population is aimed at combining the independence of the authorities of the constituent entities of the Russian Federation, local governments in ensuring employment of the population with the coordination of their actions in the implementation of the federal program for promoting employment of the population.”
In paragraph 1 of Art. 6 of the Employment Law states that the employment legislation of the Russian Federation consists of the Constitution of the Russian Federation, this Law, other federal laws and regulatory legal acts regulating relations in the field of employment, and laws and regulatory legal acts of constituent entities of the Russian Federation adopted in accordance with federal laws.
As an example, a number of regulatory legal acts in the Sverdlovsk region can be cited: Resolution of the Government of the Sverdlovsk Region “On a comprehensive program to promote employment of the population of the Sverdlovsk region for 2004 - 2005” , “On the Concept of Action on the Labor Market of the Sverdlovsk Region for 2004 - 2005” , “On the amount of mandatory payment for failure to fulfill established quotas for hiring disabled people in organizations located in the Sverdlovsk Region in 2004” , “On measures to ensure recreation , health improvement and employment of children and adolescents in 2004”, etc.
Thus, the legal regulation of employment and employment is aimed at ensuring guarantees in the field of employment and employment of the population, providing social support to unemployed citizens.
INTRODUCTION
CHAPTER I. GENERAL CHARACTERISTICS OF EMPLOYMENT AND EMPLOYMENT OF THE POPULATION OF THE RF
1.1 The concept of employment and employment in the Russian Federation
1.2 Rights of citizens in the field of employment promotion
1.3 Main directions of the Russian Federation’s policy in the field of employment promotion
CHAPTER II. FEATURES OF LEGAL REGULATION OF UNEMPLOYED CITIZENS IN THE RF
2.1 Recognition of citizens as unemployed and their basic rights
2.2 The procedure for registering unemployed citizens with the state employment service
2.3 Amount, conditions and terms of payment of unemployment benefits
CHAPTER III. CURRENT ISSUES OF LEGISLATION ON EMPLOYMENT AND EMPLOYMENT OF THE POPULATION OF THE RF
CONCLUSION
LIST OF INFORMATION SOURCES USED
INTRODUCTION
The legal mechanism of state policy in the field of employment and employment currently includes two main groups of norms. The norms of the first group are aimed at protecting workers from unjustified dismissals and paying amounts of compensation of a compensatory nature. They are contained mainly in the Labor Code of the Russian Federation. The second group includes legal norms, directly regulating employment, employment and its forms, the scope of benefits and guarantees for persons who have lost their jobs and need state support.
Russian legislation on employment and employment is a system of regulations based on the Constitution of the Russian Federation, which in Art. 37 proclaims freedom of labor, as well as the right of everyone to protection from unemployment. The leading role in this system is played by the Law of the Russian Federation “On Employment of the Population in the Russian Federation”.
In general, the legal institution of employment is complex in nature, since it includes the norms of not only labor law, but also administrative, financial law, and social security law.
Topic of this course work – « Legal regulation employment and employment of the population of the Russian Federation." – is relevant due to the fact that, firstly, organizational and legal forms of employment are defined as organizational and legal methods and means established by the state that help citizens gain the opportunity to work (or be covered by a certain form of employment) in their chosen field of activity according to their vocation, abilities, education, to perform certain work for a period of temporary unemployment, as well as the necessary professional training for this; secondly, employment guarantees the implementation of the rights of citizens in the field of labor and employment; thirdly, employment and employment directly regulate the activities of citizens related to the satisfaction personal and social needs.
The purpose of this work is to study the essence of employment and employment of the population of the Russian Federation.
To achieve this goal, the following tasks are solved in the work:
The concept of employment and employment of the population is shown;
The rights of citizens in the field of employment promotion are characterized;
The main directions of the Russian Federation's policy in the field of employment promotion are determined;
Characterized by legal status unemployed;
The size, conditions and terms of payment of unemployment benefits are established;
Current problems of legal regulation of employment and employment of the population of the Russian Federation are identified.
The object of the study was the relationship in the management of the sphere of employment and employment of the population and the implementation of public policy in the field of employment, legal regulation of employment and employment of the population of the Russian Federation, based on the interaction of the state, legal entities and individuals.
The subject of the course work was the norms of Russian and international legislation designed to regulate employment and employment of the population of the Russian Federation.
The methodological basis of the course work was the general scientific dialectical and specific scientific methods of cognition: historical-legal, comparative-legal, formal-logical, formal-legal, method of system analysis and other methods of scientific cognition.
CHAPTER I . GENERAL CHARACTERISTICS OF EMPLOYMENT AND EMPLOYMENT OF THE POPULATION RF
1.1 The concept of employment and employment in the Russian Federation
The problem of employment of the working-age population is considered throughout the world as one of the highest priorities, since it is directly related, first of all, to the prospects for social stability of the state. At the same time, the complexity and dynamism of the ongoing changes require a detailed analysis of the state and trends of employment, development and adoption of adequate measures to regulate and ensure employment of the population.
The Employment Law in the first chapter “General Provisions” defines the most important concepts in the field of employment, as well as the entities involved in this field.
Employment is understood as the activity of citizens related to the satisfaction of personal and social needs, which does not contradict the legislation of the Russian Federation and, as a rule, brings them earnings and labor income. At the same time, citizens own exclusive right manage your abilities for productive, creative work. Forced labor in any form (physical, psychological, moral) is not allowed, unless otherwise provided by law. As can be seen from this article, any activity of citizens related to the satisfaction of personal and social needs and not contrary to the law is recognized as legal employment. Meanwhile, it can be assumed that the activities of citizens carried out in violation of current legislation or directly contradicting it can be characterized as illegal or illegal employment.
The lack of employment of citizens cannot serve as a basis for bringing them to administrative or other liability. The current legislation (Article 2 of the Employment Law) classifies the following citizens as employed:
a) those working under an employment agreement (contract), including those performing work for remuneration on a full-time or part-time basis, as well as those having other paid work (service), including seasonal and temporary work;
b) registered as individual entrepreneurs;
c) those employed in auxiliary industries and selling products under contracts;
d) those performing work under civil contracts (contracts), as well as members of production cooperatives (artels);
e) elected, appointed or approved for a paid position;
f) undergoing military service, as well as service in internal affairs bodies;
g) undergoing full-time training in general education institutions, institutions of primary vocational, secondary vocational and higher vocational education and other educational institutions, including training in the direction of the federal state employment service;
h) temporarily absent from the workplace due to disability, vacation, retraining, advanced training, suspension of production caused by a strike or other reasons.
i) who are founders (participants) of organizations, with the exception of founders (participants) of public and religious organizations (associations), charitable and other foundations, associations of legal entities (associations and unions), which do not have property rights in relation to these organizations.
Among the rights that make up the content of a citizen’s legal status in the field of employment, the most important should be their right to choose a place of work. Citizens exercise this right by directly contacting their employer - an organization that has the rights of a legal entity, or an individual engaged in business or in need of servicing a personal consumer household. By mutual agreement of the parties, an employment contract is concluded. Along with this, the right to choose a place of work can be exercised through the free mediation of employment service bodies or with the help of other organizations to assist in the employment of the population (Clause 1 of Article 8 of the Employment Law).
It is important to emphasize that minors aged 14 to 18 years also have the right to free consultation and free information from employment services in order to choose a profession and vocational training opportunities. Citizens also have the right to free vocational training, retraining and advanced training as directed by the employment service.
According to Professor O.V. Smirnov, for the purpose of effective employment, it would be advisable to register with the employment service those able-bodied citizens who have a job, but are not satisfied with the nature or working conditions and intend to change their place of work. This would give an organized character to the spontaneous movement of labor.
For the first time, our legislation legalizes the right of citizens to engage in professional activities during their stay abroad, as well as the right to independently search for work and employment abroad. For this purpose, interstate agreements are concluded that provide for the number of migration flows, their qualification composition, terms and conditions of employment.
If we take into account the possibility of free departure of our citizens and favorable conditions for hiring and remuneration abroad, then we can foresee the contradictory meaning foreign migration may have in our country. This is taken into account, in particular, by the Federal Target Program for Promoting Employment of the Population of the Russian Federation, which provides for the improvement of the legal mechanism of migration and immigration flows for the purpose of carrying out labor activities.
The fundamental rights of migrant workers are also enshrined in international legal acts, in particular in the ILO Convention No. 97 “On Migrant Workers” (1949), No. 143 “On Abuses in the Field of Migration and Ensuring Equality and Treatment for Migrant Workers” (1975). ), No. 157 “On the establishment of an international system for the preservation of rights in the field of social security” (1982), etc.
It is also worth considering that the legislation of the Russian Federation on employment applies not only to Russian citizens, but also to foreign citizens, as well as stateless persons, unless otherwise provided by federal laws or international treaties.
The state, along with employment services and employers, plays an active role in implementing policies in the field of employment. It is important to emphasize that the state is pursuing a policy of promoting the realization of rights aimed at full, productive and freely chosen employment.
Employment acts as the most important way employment promotion and refers to measures for active employment policy.
In the legal literature there are different approaches to defining the role of employment. So, O.M. Medvedev notes that employment is one of the organizational and legal forms of ensuring employment. The latter are defined as organizational and legal methods and means established by the state that help citizens gain the opportunity to work in their chosen field of activity according to their vocation, abilities, education, to perform certain work for a period of temporary unemployment, as well as the necessary professional training for this.
One of the signs of employment is the participation of intermediary bodies (both state and non-state) in it.
In modern conditions, when the problem of unemployment is becoming more acute and, as a result, the need for state regulation of the labor market is increasing, employment is aimed, first of all, at ensuring the rational use of labor resources, also taking into account the interests of the main subjects in the labor market - workers and employers, as well as the state.
Employment is a system of organizational and legal measures carried out by the state in order to ensure employment of the population. Employed, according to general rule, is individual who contacts the employment agency in order to obtain assistance in finding a suitable job and applying for it. The main group of those employed are citizens of the Russian Federation. Foreign citizens, as well as stateless persons, can also be employed (Article 6 of the Employment Law). At the same time, employment legislation enshrines the principle of priority of citizens of the Russian Federation when occupying vacant jobs, which is expressed in the existence of special rules for attracting foreign labor to the territory of the Russian Federation.
The legal relationship between a citizen being employed and an employment agency is established on the basis of a citizen’s appeal to the specified body in order to receive assistance in finding a suitable job and applying for it. The modern legal organization of employment in the Russian Federation is different in that the main role is assigned to the public employment service. The latter are obliged to accept the citizen’s application, register him and provide services to find him a suitable job. These bodies also take into account the professional qualifications of the unemployed, assist in career guidance, retraining and retraining; issue directions to employed citizens for suitable vacant jobs in a specific organization; They offer options for independently searching for work and provide other services.
The employment agency is obliged to register the citizen who has applied and provide him with assistance in obtaining a suitable job or acquiring a specialty. A citizen’s claims to employment cannot be specific regarding the place of future work, since the employment agency does not undertake obligations to find a job in a specific organization. His task is to find a job that is suitable mainly for the specialty and qualifications, taking into account the citizen’s abilities. The terms of employment are not established by law. Employment lasts, as a rule, until the citizen is employed or undergoes industrial training. Based on the principle of freedom of labor, legal relations with an employment agency can always be terminated at the initiative of a citizen. He has the right to refuse services in applying for a job, both before receiving a referral and after receiving it, since the referral does not create any legal consequences for the person being employed. It creates an obligation only for the employer to whom it is addressed by the employment authority.
Employment authorities, under the jurisdiction of the Federal State Employment Service, are called upon to perform intermediary functions, and they, as a rule, do not have administrative and legal powers in relation to the employer. However, the Law on Employment provided for the right of local government bodies to establish for employers a certain number of jobs (quota) for hiring disabled people, certain categories of the population (graduates educational institutions, persons released from prison, etc.). First of all, it will be mandatory for the employer to send people for employment against the job quota. A quota is the minimum number of people to be employed by an employer, which is set as a percentage of the total number of jobs. Such quotas are established for persons who need special social protection and, above all, have limitations in their ability to work. For example, quotas for jobs for people with disabilities are directly provided for by the Federal Law of November 24, 1995 “On the social protection of people with disabilities in the Russian Federation.” According to Art. 21 of this law, organizations with more than 100 employees are set a quota for hiring disabled people as a percentage of the average number of employees (but not less than 2 and not more than 4%). The fulfillment of such quotas is ensured by economic sanctions. Thus, if the established quota for hiring disabled people is not met, employers must monthly transfer to the budgets of the constituent entities of the Federation a mandatory payment for each unemployed disabled person within the established quota.
The act of sending a person to work, adopted by the employment authority, has dual legal force: in some cases it recommends (but does not oblige) the citizen to be hired, in others (directly provided for by law) it gives rise to the employer’s obligation to conclude an employment agreement (contract) with the person being employed. Refusal to hire or receive vocational training for persons sent under the quota may be appealed to judicial procedure. When refusing to hire graduates of universities, secondary specialized and vocational educational institutions who have entered into contracts, the employer is obliged to make targeted financial contributions to the employment fund in the amount of the average earnings of an employee of this category for the year. Failure to fulfill this obligation may result in the employer being subject to prosecution. administrative responsibility in the form of a fine imposed by court.
Thus, it is important to note that employment serves as a legal guarantee of the realization of citizens’ rights in the field of labor and employment. First of all, it acts as a guarantee of the realization of the right to work. Employment is also a guarantee of the exercise of the right of citizens to protection from unemployment, the right to full, productive and freely chosen employment and others.
1.2 Rights of citizens in the field of employment promotion
The basic rights of citizens in the field of labor and employment are enshrined in Art. 37 of the Constitution of the Russian Federation. In particular, everyone has the right to freely manage their ability to work, choose their type of activity and profession, as well as the right to protection from unemployment. Other articles of the Constitution of the Russian Federation specify other opportunities in the field of employment (the right of citizens to work as a civil servant (Part 4 of Article 32); the right of everyone to freely use their abilities and property for entrepreneurial and other economic activities not prohibited by law (Article 34 )
The Employment Law also establishes the right of everyone to full, productive and freely chosen employment. International legal acts specify the content this right. Thus, in accordance with the ILO Employment Policy Convention No. 122 (1966), this policy aims to ensure that there is work for everyone who is ready to take up work and seeks it (promoting full employment), so that work was as productive as possible (productive employment). Free employment presupposes the existence of freedom of choice of employment and the widest opportunities for every worker to retrain and use his skills and abilities to perform work for which he is suitable, regardless of race, color, sex, religion, political opinion, foreign or social origin .
Citizens have the right to choose a place of work by directly contacting the employer, or through free mediation of the employment service, or with the help of other organizations to assist in the employment of the population. This determines the basis legal organization employment in the Russian Federation.
Citizens have the right to independently search for work and find employment outside the territory of the Russian Federation, which is formulated in the Employment Law as the right of citizens to professional activities outside the territory of the Russian Federation (Article 10). The fundamental rights of migrant workers are also enshrined in international legal instruments, in particular in the ILO Conventions No. 97 “On Migrant Workers” (1949), No. 143 “On Abuses in the Field of Migration and on Ensuring Equal Opportunities and Treatment for Migrant Workers” "(1975), No. 157 "On the establishment of an international system for the preservation of rights in the field of social security" (1982), etc.
Citizens have the right to appeal decisions, actions or inactions of employment service bodies and their officials to a higher employment service body, as well as to court in the manner established by the legislation of the Russian Federation.
The Employment Law also establishes the right of citizens to consultation, vocational guidance, vocational training, retraining, advanced training and obtaining information from the employment service. In particular, citizens have the right to free consultation and free information from employment services in order to choose a field of activity, employment, and vocational training opportunities (Article 9). Minors aged 14 to 18 years also have the right to free consultation and free information from employment services in order to choose a profession and the possibility of receiving vocational training.
As a conclusion, it can be stated that Russian market labor is characterized by the existence of unemployment and a number of related problems.
1.3 Main directions of the Russian Federation’s policy in the field of employment promotion
The Russian Federation has created a thorough legal framework on issues of labor regulation and employment. These issues are reflected in the Constitution of the Russian Federation, in the Labor Code of the Russian Federation and in the Law of the Russian Federation “On Employment of the Population in the Russian Federation”. Article 37 of the Constitution of the Russian Federation establishes the fundamentals of employment of the population on freedom of labor, the prohibition of forced labor, remuneration for work without any discrimination, the right to freely dispose of labor abilities, choose an activity and profession.
The directions of state policy in the field of assistance also follow from international legal acts. Thus, an indication of the need for the state to create conditions for the fullest existence of the right to work is also contained in the International Covenant on Economic, Social and Cultural Rights (Article 6). Universal Declaration of Human Rights 1948 in art. 23 proclaims the right of everyone to work, to free choice of work, to fair and favorable working conditions and to protection from unemployment, while Art. 25 of this document indicates the right of everyone to count on a standard of living that would allow them to form and express themselves as an individual, and to take a direct part in the production of material and spiritual goods.
A number of ILO conventions and recommendations are devoted to certain aspects of state policies in the field of employment promotion. In particular, Convention No. 122 “On Employment Policy” (1964), Convention No. 159 “On Vocational Rehabilitation and Employment of Persons with Disabilities” (1983), Convention No. 168 “On Employment Promotion and Protection against Unemployment” have not been ratified (1988), etc. It is noteworthy that at its first session in 1919. The ILO adopted the Unemployment Convention, which reflects the main approaches to regulating the activities of free public employment bureaus. When determining the legal status of non-state employment agencies, it is advisable to take into account the provisions of ILO Convention No. 181 (1997) “On Private Employment Agencies”, according to which these agencies can contribute to more efficient functioning of the labor market, while simultaneously pointing out the need to create guarantees of social protection for citizens seeking work through the mediation of these agencies.
In modern conditions, the analysis of documents adopted at the level of the Council of Europe, in which aspects of employment promotion also remain without attention, is of particular relevance. In particular, the Convention for the Protection of Human Rights and Fundamental Freedoms prohibits forced labor (Article 4). The European Social Charter refers to the obligations of states “to ensure effective protection of the right of workers to earn their living by work freely chosen.”
Main policy directions Russian state to promote the realization of citizens' rights to full, productive and freely chosen employment are enshrined in Art. 5 of the Employment Law, among which, in particular, are the following:
Development of labor resources, increasing their mobility, protecting the national labor market;
Ensuring equal opportunities for all citizens of the Russian Federation, regardless of nationality, gender, age, social status, political beliefs and attitude to religion in exercising the right to voluntary work and free choice of employment;
Creating conditions that ensure a decent life and free development of people;
Supporting the labor and entrepreneurial initiatives of citizens, carried out within the framework of the law, promoting the development of their abilities for productive, creative work;
Implementation of activities that promote employment of citizens experiencing difficulties in finding work;
Prevention of mass and reduction of long-term (more than one year) unemployment;
Encouraging employers who preserve existing jobs and create new ones, primarily for citizens who have difficulty finding work;
Combining the efforts of labor market participants and coordinating their actions in implementing measures to promote employment;
Coordination of activities of government bodies, trade unions, other representative bodies of workers and employers in the development and implementation of measures to ensure employment of the population;
International cooperation in solving employment problems, including issues related to the labor activities of citizens of the Russian Federation outside the territory of the Russian Federation and foreign citizens on the territory of the Russian Federation, compliance with international labor standards.
The above directions of state policy, as a rule, are developed in other regulatory legal acts (primarily federal and territorial employment promotion programs), as well as in collective agreements with the participation of state bodies.
Depending on the content of the main directions of state policy in the field of employment, two types can be distinguished:
1) active state policy in the field of employment;
2) passive state policy in the field of employment.
An active policy is characterized by the presence of forms of employment provision aimed at quickly finding work, as well as retraining and vocational training of the unemployed, that is, the state establishes additional incentives for those who are trying to get a job.
Passive policies are characterized by increased unemployment benefits and other measures to provide material assistance to the unemployed, that is, maintaining the living standards of citizens during periods of unemployment.
In the Russian Federation, given the sharp reduction in maximum and minimum sizes benefits, the state employment policy is active, since the low amount of benefits forces the unemployed to search for work independently.
The mentioned Conventions also indicated that state policy should be aimed at developing social partnership at all levels, developing a mechanism for interaction between executive authorities, employers, trade unions and other representative bodies of workers in solving problems of employment in sectoral labor markets.
The Employment Law also establishes the right of trade unions to participate in the development of state policy in the field of promoting employment (Article 21). Particularly important is the participation of trade unions in events related to mass layoffs of workers.
It is noteworthy that in relation to certain categories of citizens who are especially in need of social protection in the labor market, the state assumes obligations to create increased guarantees in the field of their employment (quotas of jobs for people with disabilities and youth, the creation of special employment programs, etc.), which allows us to talk about ensuring their employment. Such obligations of the state are specified in regulatory legal acts, including in special targeted programs adopted by the Government of the Russian Federation (as well as state bodies of the constituent entities of the Federation) to ensure employment of these population groups.
State employment policy as a reflection of the employment strategy is part of the country’s socio-economic development policy, aimed at comprehensively solving employment problems in the interests of full and effective use of labor potential.
CHAPTER II . FEATURES OF LEGAL REGULATION OF UNEMPLOYED CITIZENS IN THE RF
2.1 Recognition of citizens as unemployed and their basic rights
Labor law focuses great value solving problems of employment and employment of citizens. However, in modern society Along with employed people who have permanent and temporary jobs, who are the majority, there are many citizens who do not have a job, but are able-bodied. They are called unemployed.
Unemployed are recognized as able-bodied citizens who do not have a job or income, are registered with the employment service in order to find suitable work, are looking for work and are ready to start it. Based on the legally established definition, the following conditions for recognizing citizens as unemployed can be identified:
1) reaching 16 years of age;
2) lack of work and income;
3) registration with the employment service in order to find a suitable job;
4) lack of suitable work;
5) search for work by the unemployed themselves and readiness to start it.
Only able-bodied citizens who have reached 16 years of age and who, in accordance with the pension legislation of the Russian Federation, have not been assigned an old-age (age) or long-service pension, can be recognized as unemployed. Citizens who are disabled people of the 1st group are not considered able-bodied.
Only a citizen who does not have a job or income can be recognized as unemployed. Unemployed status is not assigned to citizens engaged in activities specified in Art. 2 of the Law “On Employment of the Population in the Russian Federation”, that is, those working under a labor, civil law, author’s contract, in a cooperative on the basis of membership, studying full-time at a vocational educational institution, etc.
The payment of severance pay and maintained average earnings to citizens dismissed from organizations or from military service due to liquidation, reduction in numbers and staff is not taken into account as earnings.
However, the following persons are not considered unemployed: those under sixteen years of age; old-age pensioners receiving a pension for long service; those who have refused a suitable job offer twice within 10 days from the date of registration with the employment service, and those seeking work for the first time have refused vocational training or an offer of paid work once; convicted by a court verdict that has entered into legal force to correctional labor without imprisonment, and punished with imprisonment.
Citizens who are denied recognition as unemployed in the prescribed manner have the right to re-apply to the employment service authorities one month from the date of refusal to resolve the issue of recognizing them as unemployed.
Only those citizens who are registered with the employment service in order to find suitable work, are looking for work and are ready to start work can be recognized as unemployed. Readiness to start work is a condition that is purely subjective and determines a citizen’s attitude to work, his desire to work. If a citizen applies to the employment service not for the purpose of looking for work, but with the sole intention of receiving unemployment benefits, then this is clearly manifested in repeated refusals of suitable work, which gives the employment service the right to refuse registration of this citizen or apply appropriate sanctions.
The decision to recognize a citizen as unemployed is made by the employment service authorities at the citizen’s place of residence no later than 11 days from the date of presentation to the employment service authorities of a passport, work book or documents replacing them, documents certifying professional qualifications, a certificate of average earnings at the last place of work; for those without a profession - passport and education document. If a citizen has disabled dependents, he must provide a document confirming cohabitation with a dependent and the presence of a dependent in order to be able to receive an additional allowance for dependents. Unemployed status is not acquired by citizens who submit documents containing deliberately false information about the lack of work and earnings.
Thus, state policy in the field of employment is based on the principles of ensuring equal opportunities for all able-bodied citizens in realizing the right to work, ensuring measures aimed at preventing unemployment, etc. The state employment service acts as an intermediary between the unemployed and employers, and the basis for the emergence of legal relations between the state employment service and the unemployed is the decision of the employment service to recognize the citizen as unemployed.
From the moment a citizen receives the status of unemployed, mutual rights and obligations arise between him and the state represented by the employment service authorities. The Employment Law establishes a wide range of rights of citizens recognized as unemployed in the prescribed manner, which can be conditionally divided into two groups:
Powers aimed at realizing the right to work;
Powers providing social support and financial assistance to the unemployed during the period of job search.
The right of citizens to work can be realized both by direct contact with employers and through the free mediation of the employment service. In the first case, it is carried out by concluding an employment agreement (contract). In the second case, citizens’ appeal to the employment service gives rise to the obligation of the relevant government bodies to register the citizen as unemployed and provide him with mediation services in finding a suitable job.
The right to employment can be exercised in various ways and includes the following rights of the unemployed:
1) The right to obtain suitable work (Article 4 of the Employment Law);
2) The right to choose a place of work (Article 8 of the Employment Law), including the possibility of employment in another area, as well as the right to professional activity outside the territory of the Russian Federation (Article 10 of the Employment Law);
3) The right to free consulting services, vocational guidance, vocational training, retraining and advanced training as directed by the employment service (Article 9, 23 of the Employment Law);
The powers providing social support and material assistance to the unemployed during the period of job search are also enshrined in the Employment Law, which provides for a wide range of social protection measures. The state guarantees the payment of unemployment benefits to the unemployed, including during the period of temporary incapacity for work of the unemployed.
2.3 The procedure for registering unemployed citizens with the state employment service
Able-bodied citizens who do not have a job or income, who are looking for work and are ready to start it, and who have applied to state employment service institutions in order to find a suitable job, are registered in the manner prescribed by law.
For employment purposes, unemployed citizens are registered with the state employment service. The main stages of registering unemployed citizens are determined by the Decree of the Government of the Russian Federation of April 22, 1997 “On approval of the Procedure for registering unemployed citizens.” This procedure includes four steps:
initial registration of unemployed citizens;
registration of unemployed citizens in order to find suitable work;
registration of citizens as unemployed;
re-registration of unemployed citizens.
During initial registration, no documents are required from citizens. It is carried out in order to take into account the total number of unemployed. At the same time, it is assumed that employment authorities must record information about the applying citizen in registration documents. In practice, as a rule, such records are not kept, and the initial registration procedure has an advisory value.
Registration of citizens for the purpose of suitable work is carried out by the employment authority at the citizen’s place of residence from the day they submit the necessary documents:
passport or other identification document;
work book or other documents confirming work experience;
documents certifying professional qualifications;
certificate of average earnings at the last place of work.
In addition to these documents, disabled people present a work recommendation, a conclusion on the recommended nature and conditions of work, or an individual rehabilitation program for disabled people, issued in the prescribed manner. If a citizen does not have a disability, but has other limitations in work activity (for example, a chronic disease), then he must provide the appropriate medical documents.
Employment authorities, within 10 days from the date of registration of a citizen, in order to find a suitable job, should, if possible, offer the applicant two options for suitable work. For a citizen looking for a job for the first time and without a profession, the employment agency can offer two options for obtaining vocational training. If the proposed work options are for of this citizen suitable, then in case of refusal he will not be registered as unemployed. However, it is unacceptable to offer a citizen the same job twice.
For each citizen registered in order to find a suitable job, a personal file is drawn up. It contains relevant records of all proposals from employment authorities, including the provision of suitable work, referrals to employers for employment, referrals to vocational training, invitations of citizens to employment authorities and other actions related to the search for a suitable job. work, as well as the consent (refusal) of citizens with proposals from employment authorities.
Registration of citizens as unemployed is carried out within the period established by the employment agency, but no later than 11 days after registration in order to find a suitable job. In this case, the citizen presents the same documents as at the registration stage in order to find a suitable job. If necessary, the employment authority may require an additional or updated certificate of average earnings at the last place of work. The date of registration of a citizen as unemployed is the date of adoption by employment service institutions of a decision to recognize him as unemployed.
Citizens recognized as unemployed are required to re-register at least twice a month, and in territories classified as areas with a tense situation in the labor market - at least once a month. If an unemployed person violates the terms and conditions of his re-registration without good reason, the payment of unemployment benefits may be suspended for up to three months. For long-term, i.e. more than a month, if the unemployed fails to appear for re-registration, the unemployed person is deregistered.
When re-registering, the unemployed present a passport and work book. Those going to work for the first time and without a profession present a passport or other identification document.
Unemployed citizens are removed from registration by employment authorities if they are recognized as employed. And also in case of referral by the employment authority to undergo vocational training, advanced training or retraining.
A citizen is deregistered due to failure to appear without valid reasons within 10 days from the date of his registration in order to search for a suitable job at the employment authority to offer him a suitable job, as well as failure to appear within the period established by the employment authority to register as unemployed.
An unemployed person is deregistered when moving to another area. In this case, the citizen will be registered as unemployed with the employment agency at the new place of residence.
The law provides for the deregistration of a citizen as an unemployed person for providing knowingly false information during registration, as well as in the event of detection of abuse on his part.
Finally, an unemployed person is deregistered if he is assigned a pension in accordance with the pension legislation of the Russian Federation. This means not only the appointment of an old-age labor pension for general principles(i.e. upon reaching retirement age), but also early assignment of a pension (including at the suggestion of employment authorities), assignment of a long-service pension, etc.
Based on the principle of freedom of labor, legal relations with an employment agency can always be terminated at the initiative of a citizen. He has the right to refuse employment services, both before receiving a referral and after receiving it, since the referral does not create any legal consequences for the person being employed. The completion of the employment process is associated with the legal relationship between the employed citizen and the employer, which arises when the citizen receives a referral to work or vocational training from the employment agency and presents it to the employer.
2.3 Amount, conditions and terms of payment of unemployment benefits
The decision to grant unemployment benefits is made simultaneously with the decision to recognize a citizen as unemployed. Unemployment benefits are accrued to citizens from the first day they are recognized as unemployed. For citizens dismissed due to the liquidation of an organization or staff reduction and recognized as unemployed, but not employed during the period of maintaining average earnings at their last place of work, unemployment benefits are accrued from the first day after the expiration of the specified period.
Unemployment benefits are paid monthly, subject to re-registration no more than twice a month.
Article 30 of the Law on Employment establishes the procedure for determining the amount of unemployment benefits. Thus, as a general rule, the amount of benefits is set as a percentage of average earnings, and in some cases (for first-time job seekers, those who have not worked for more than a year, those dismissed due to at will dismissed without good reason for violation of discipline), the amount of benefits is set as a percentage of the cost of living calculated in the constituent entity of the Russian Federation.
Unemployment benefits for citizens dismissed from organizations for any reason (except for those specified in Article 34 of this Law) during the 12 months preceding the start of unemployment, who during this period had paid work for at least 26 calendar weeks on a full-time or part-time basis working day (part-time working week) recalculated to 26 calendar weeks with full working day, and recognized as unemployed in the prescribed manner, is accrued: in the first (12-month) payment period:
In the first three months - in the amount of 75 percent of their average monthly earnings (salary), calculated over the last three months at the last place of work (service);
In the next four months - in the amount of 60 percent;
In the future - in the amount of 45 percent, but in all cases not higher than the maximum amount of unemployment benefits and not lower than the minimum amount of unemployment benefits, increased by the size of the regional coefficient;
In the second (12-month) payment period - in the amount of the minimum amount of unemployment benefits, increased by the size of the regional coefficient.
The minimum and maximum amounts of unemployment benefits are determined annually by the Government of the Russian Federation. (Clause 2 of Article 33 of the Law on Employment).
Citizens exposed to radiation as a result of radiation accidents and disasters and recognized as unemployed in accordance with the established procedure are paid an additional benefit in addition to unemployment benefits in accordance with the legislation of the Russian Federation on the social protection of citizens exposed to radiation as a result of a disaster. Chernobyl nuclear power plant, the accident in 1957 at the Mayak production association and the discharge of radioactive waste into the Techa River.
Article 34 of the Employment Law establishes the amount of benefits for certain categories of unemployed citizens. Unemployment benefits for citizens seeking work for the first time (who have not previously worked); those seeking to resume work after a long (more than one year) break; dismissed for violation of labor discipline or other guilty actions provided for by the legislation of the Russian Federation; those dismissed from organizations during the 12 months preceding the start of unemployment, and who had paid work for less than 26 calendar weeks during this period; those sent by the employment service for training and expelled for guilty actions are charged:
In the first (6-month) payment period - in the amount of the minimum amount of unemployment benefits, increased by the size of the regional coefficient;
In the second (6-month) period of payment - in the amount of the minimum amount of unemployment benefits, increased by the size of the regional coefficient.
The duration of payment of unemployment benefits in each period of unemployment cannot exceed 12 months in total within 18 calendar months, except in cases provided for by the Law on Employment. In this case, the duration of benefit payment cannot exceed 24 calendar months within 36 calendar months.
For citizens looking for work for the first time, who do not have a profession (specialty), seeking to resume work after a long (more than one year) break, dismissed for violation of labor discipline and other guilty actions provided for by the legislation of the Russian Federation, as well as citizens sent by employment service authorities to training and expulsions for guilty actions, the duration of payment of unemployment benefits in each period of unemployment cannot exceed six months in total within 12 calendar months. At the same time, the maximum duration of benefit payment for these categories of citizens cannot exceed 12 months in total for 18 calendar months.
For citizens who have not reached the age of 60 years for men and 55 years for women and who have an insurance period of at least 25 and 20 years for men and women, respectively, the duration of the unemployment benefit payment period is increased beyond the established 12 months by two calendar weeks for each year of work , exceeding the insurance period of the specified duration.
State authorities of constituent entities of the Russian Federation and local self-government bodies may establish longer terms for the payment of unemployment benefits than those provided for by the Law on Employment or provide conditions for extending their payment within the framework of approved target programs at the expense of the relevant budgets.
In paragraph 2 of Art. 35 of the Law of the Russian Federation “On Employment of the Population in the Russian Federation” lists cases of termination of payment of unemployment benefits with the simultaneous deregistration of a citizen as an unemployed person. These include:
1) recognition of a citizen as employed;
2) a citizen undergoes professional training, advanced training or retraining as directed by the employment service authorities with the payment of a stipend;
3) long-term (more than a month) absence of an unemployed person from the employment service without good reason;
4) relocation of the unemployed to another area;
5) obtaining unemployment benefits fraudulently;
6) sentencing of a person receiving unemployment benefits to imprisonment;
7) appointment, in accordance with the pension legislation of the Russian Federation, of an old-age pension (by age), for length of service;
8) refusal of mediation by employment service bodies;
9) death of an unemployed person.
If the above grounds exist, the employment service authorities are obliged to stop paying unemployment benefits. The decision to terminate unemployment benefits must be legal and justified. The responsibility to prove the legality and validity of the decision to terminate the payment of unemployment benefits lies with representatives of the employment service agency that made such a decision. Please note that a citizen cannot be deprived of the right to receive unemployment benefits for formal reasons.
In particular, a prolonged absence of an unemployed person from the employment service can become a legal basis for termination of unemployment benefits only if the citizen could have been offered a suitable job during this period. The use of such a basis for termination of payment of unemployment benefits as obtaining benefits fraudulently presupposes the lack of proof of the circumstances included in legal concept unemployed citizen. The circumstances, the proof of which allows one to terminate the payment of unemployment benefits, include, for example, a citizen’s concealment of information about the earnings (income) received.
Unemployment benefits may be suspended. The decision to suspend the payment of unemployment benefits for a period of up to three months is made by the employment service authorities with mandatory notification of the unemployed in the following cases:
Refusal during the period of unemployment from two options for suitable work;
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;
Refusal, after a three-month period of unemployment, to participate in paid public works or to send for training by the employment service bodies citizens who are looking for work for the first time, who do not have a profession (specialty), who are seeking to resume work after a long (more than one year) break, who have resigned of their own free will without good reason more than once during one year preceding the start of unemployment;
The appearance of an unemployed person for re-registration in a state of intoxication caused by the use of alcohol, drugs and other intoxicating substances;
Violation by the unemployed of the conditions and terms of his 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 in the total period of payment of unemployment benefits and is not counted in the total length of service.
Unemployment benefits may be reduced by 25 percent for up to one month in the following cases:
1) failure of an unemployed citizen to appear without good reason for employment negotiations with the employer within three days from the date of referral by the employment service;
2) refusal without good reason to appear at the employment service to receive a referral to work (study). The decision to reduce unemployment benefits must also be legal and justified, it should not be dictated by formal considerations. When appealing this decision, the obligation to prove its legality and validity lies with representatives of the employment authority that made such a decision.
In this regard, it should be borne in mind that a citizen has the right to refuse to negotiate with an employer about a job that is not suitable for him. The actions of the employment service body in sending a citizen to work can be considered legal if the proposed job was suitable for the unemployed. In this connection, a citizen has the right to refuse to appear for assignment to a job that is not suitable for him.
The legislation establishes cases when unemployment benefits are not paid. These include:
Maternity leave;
Departure of an unemployed person from his place of permanent residence in connection with studying at evening and correspondence vocational education institutions;
Conscription for military training, involvement in events related to preparation for military service, and the performance of government duties.
These periods extend the period of payment of unemployment benefits.
If the terms of payment of unemployment benefits are violated through no fault of the citizen, he has the right to demand the accrual of interest established by law for the period of delay in benefits. Since unemployment benefits, by their legal nature, are intended to compensate for lost earnings by a citizen as a measure of liability for violating the terms of payment of unemployment benefits, the sanctions established in Art. 236 of the Labor Code of the Russian Federation for delay wages. In this case, the principle of analogy applies.
CHAPTER III . CURRENT ISSUES OF LEGISLATION ON EMPLOYMENT OF THE RF POPULATION
Discrepancy between supply and demand for a specific product (labor) in the labor market, especially in an unstable, developing Russian economy, requires the state to seriously intervene in this area of social relations to ensure a balance of interests of the entrepreneur and each individual citizen offering his abilities on the labor market. Naturally, the owner of the labor force finds himself in the least advantageous position in the labor market (taking into account the shortage of areas of employment).
The nature of the market simply does not provide for human social security. To provide such security, it must be introduced from the outside. It is the social policy of the state and law as the most effective way influences on the behavior of participants in market relations are designed to solve this problem.
Therefore, social policy in the labor market should be focused on assisting the less protected subject (citizen) in the possibility of providing him with a certain form of employment and, if necessary, providing adequate protection from unemployment.
To implement an effective state policy of ensuring employment in the Russian Federation, it is necessary to clearly define the concept of employment, as well as the categories of citizens recognized as employed.
The Law of the Russian Federation “On Employment of the Population in the Russian Federation” (hereinafter referred to as the Law) defines employment as the activity of citizens related to the satisfaction of personal and social needs, which does not contradict Russian legislation and, as a rule, brings them earnings and labor income. From this definition, three essential features can be identified, the totality of which makes it possible to classify a citizen as an employed person.
1. Activities of citizens, i.e. committing certain active actions. For example, a citizen carries out a certain set of active actions, performing labor functions on the basis of a concluded employment contract.
Employment relations cannot be considered as a prerequisite for starting work. Employment is a continuing relationship that characterizes the state of mutual determination of the subject of this relationship (for example, as an employee, a person studying at an educational institution, etc.) and cannot be interrupted (terminated) by the moment of getting a job, entering college and etc.
The opinion expressed in the literature about the relationship between the concepts of “employment” and “activity” is worthy of attention. In the sphere of social and individual production, one type of activity is possible - labor. Therefore, by defining employment as an activity, the legislator actually identifies employment with labor. However, employment and work are not identical concepts. Employment, in contrast to labor, is not an activity, but social relations between people, primarily economic and legal, regarding the inclusion of a worker in a specific labor cooperation at a specific workplace. As long as the employee continues to remain in one or another subsystem of the economic complex, these relationships are not interrupted. Employed status does not depend at all on whether a person works in at the moment or resting. Therefore, there is no reason to interpret the concept of “employment” as “activity”.
The expressed opinion regarding the impossibility of using the concept of “activity” as an employment criterion does not seem to be entirely justified.
Indeed, when entering into labor relations, engaging in business, studying at an educational institution, etc., a citizen does not constantly (during the day, week, month) carry out any activity. It should be borne in mind that breaks in its implementation are physiologically necessary for a person. Therefore, he certainly retains the status of a person in the appropriate legal relationship (employee, entrepreneur, student), even in cases where the citizen does not legally carry out activities. Consequently, in some cases, even without carrying out activities, a particular citizen is still recognized as employed (for example, an employee on annual paid leave).
Temporary absence from work due to disability, vacation, advanced training, suspension of production caused by a strike or other reasons does not interrupt the state of employment.
The fact that there is a provision in the legislation providing for the possibility of classifying a citizen as an employee in the case when he does not carry out any activity (for example, citizens who are founders of organizations, with the exception of founders of public and other organizations that do not have property rights in relation to them ), is an exception that confirms the general rule.
2. Employment is not just an activity, but an activity related to the satisfaction of personal and social needs.
A citizen is primarily interested in carrying out a certain activity. For normal development and existence, a citizen requires material resources, with which he covers expenses arising in the process of life and satisfies personal needs.
Human needs have a certain structure. Initially, physiological needs follow (sleep, nutrition, etc.), which turn into material (normal housing, clothing, etc.) and spiritual (training, cultural development). To satisfy his needs, a citizen is interested in receiving material income. It should be borne in mind that in the overwhelming majority of cases, a citizen receives material income by carrying out certain activities. Thus, by performing work under an employment contract, the employee receives remuneration (wages), thereby satisfying personal material needs. Or another example. A citizen registered as an individual entrepreneur carries out activities aimed at making a profit. Again, all these activities are carried out primarily to satisfy material needs.
At the same time, not only receiving material income can be considered as an incentive to carry out a particular activity. A personal need can also be a citizen’s desire to improve his educational level, acquire a new specialty or a new profession. It is quite possible that, while receiving education, a citizen assumes possible further employment and can approximately imagine the size of his salary after graduation. However, the immediate motive, the primary personal need, is not the material need (although it can also be taken into account indirectly), but the need for education.
Moreover, since the Russian Federation proclaims freedom of labor and freedom to choose the type of employment, other personal needs are also taken into account in a certain way when choosing employment. These may include: place of employment, specifics of the activity performed, employment regime and other characteristics (up to the composition of the work team). In all cases, when choosing a field of activity in which a citizen intends to realize himself, all these parameters that form a personal need are taken into account by him to one degree or another. In any case, the final choice of type of employment is always determined by the citizen.
At the same time, the legislation establishes certain forms within which a citizen can realize his abilities. Therefore, by carrying out activities in one area or another, a citizen objectively satisfies social needs. Thus, by carrying out labor activities within the framework of a concluded employment contract, the employee satisfies the social need for the production of products and the provision of services. This is important for the state, since the welfare of society directly depends on the amount of gross national product produced. The high efficiency of an employee in performing his job duties leads to an increase in the quantity of products produced by the enterprise. At the same time, by selling manufactured products, the enterprise receives a profit, from which taxes are paid to the state budget. Thus, society is indirectly interested in the employee’s effective performance of his job duties.
Adjustment of certain areas of socially useful activity for the state and society is carried out by a system of economic and legal measures. If this or that activity (carrying out which a citizen is recognized as employed) loses interest for society, then the state can, with the help of economic mechanisms (for example, by establishing more high taxes profit from a particular activity) or legal prohibitions and restrictions to refuse this form of employment. If the implementation of any activity is encouraged by the state, then it should be recognized as socially useful and meeting public needs.
2. Employment is considered to be activity that does not contradict the legislation of the Russian Federation. This provision follows from Part 2 of Article 15 of the Constitution of the Russian Federation, which states that citizens and their associations are obliged to comply with the Constitution of the Russian Federation and laws. In this characteristic of the concept of employment, the general legal principle of legality is clearly visible. Thus, only persons who carry out their activities in those areas determined by the legislator and within the framework established by law can be recognized as employed.
It should be noted that in some cases, both the field of employment itself and the status of the entity operating in this field are important.
For example, only legal entities can organize television or radio broadcasting on the basis of a license issued by the Ministry of the Russian Federation for Press, Television and Mass Communications. Thus, to carry out activities in this area individual entrepreneur has no right. At the same time, a citizen has the right, as an employee of a legal entity that has the appropriate license, to engage in this activity within the framework specified employment contract.
Another example. The norms of civil legislation provide for the need for state registration of business activities. Consequently, citizens carrying out such activities without registration violate the provisions of civil law, and there is no reason to consider them employed, i.e. carrying out activities prohibited Russian legislation, cannot be considered as employment.
3. Another sign of the concept of employment is earnings, labor income received by a citizen in the process of carrying out activities related to the satisfaction of personal and public needs and not contrary to the legislation of the Russian Federation. IN this definition the term “earnings” means remuneration for personal labor that workers receive under an employment contract, and the term “labor income” is used as a synonym for remuneration for personal labor in the process of entrepreneurship, self-employment, as a member of a cooperative, etc.
The wording of this provision in the Law allows us to conclude that this feature of the concept of employment is not mandatory. The legislator thereby provides the opportunity to recognize a citizen as employed even if he has no earnings (labor income). Thus, a citizen exercising entrepreneurial activity, will be considered employed regardless of whether his activity brings profit or not.
In this regard, the position is questionable that the activities of persons that do not generate income, for example in amateur sports or amateur performances, do not allow them to be classified as the employed population, since in employment relations the activity is carried out for the sake of income, which is the source of livelihood of the employed population, or at least it is a preparatory activity for the sake of income. The legislation provides for certain forms of employment that do not pursue the goal of obtaining material income (for example, studying at an educational institution).
Ultimately, the conclusion about classifying a particular person as employed should be made taking into account the provisions of the legislation of the Russian Federation on employment of the population, which specifies separate categories busy.
CONCLUSION
Summing up your work, first of all you should summarize all the material presented and studied. Having considered the main legal aspects, legislation of the Russian Federation, and international labor standards, as well as the theoretical basis and works of scientists and figures analyzing employment problems, it is advisable to identify the problems that have arisen in employment policy. These include: existing disagreements and inconsistencies between the Employment Law and the Labor Code, and non-compliance itself, non-compliance with the norms of the law in everyday life. In addition, low unemployment benefits do not even provide a living wage for citizens, which puts them at risk, causing the need for social protection. It is also worth noting that the main provisions on employment policy are developed and specified in ILO acts, in Conventions and Recommendations, the majority and an important part of which the Russian Federation has not accepted or ratified.
Current trends in the social stratification of Russian society, the presence in it of poor and low-income segments of the population with low average per capita income are largely due to existing deformations in the employment sector, the expansion of the potential for poverty due to the unemployed, and the “working” poor employed in financially distressed enterprises and budget organizations. Employment policy as the most important component of social policy should be focused on measures that contribute to the creation of conditions for more full use of the potential of labor and business activity citizens counteracting population impoverishment and mass unemployment, stimulating productive individual behavior in a competitive market environment. Taking into account the above, the most important priority of state social policy should be active assistance in ensuring effective employment and overcoming unjustifiably low prices for labor. State employment policy also needs to pay attention to expanding employment in the non-state sector and creating favorable conditions for it to attract investment and accumulate funds. It is necessary to ensure an appropriate level of education, full-fledged professional training and retraining, and health care to the extent guaranteed by the Constitution and laws of the Russian Federation. At the same time, it is important to maintain the active role of the state in creating conditions for the exercise of freedom of choice of occupation.
The problem of shortage of highly qualified workers has become particularly acute. The employment center, which exists at the expense of taxpayers, is not able to satisfy the needs of firms for specialists.
So, the problem of developing an effective employment policy is acute for the Russian government. The current employment policy is far from perfect and does not produce the desired results. A comprehensive study and skillful application of the experience of combating unemployment in many countries of the world will contribute to the speedy formation of an optimal domestic mechanism for state regulation of employment in the Russian Federation. Promotion of employment can take place through the restructuring and revival of enterprises, improving information support in the field of social and labor relations. In general, today there is already a tendency to intensify measures and get out of the current situation.
LIST OF INFORMATION SOURCES USED
1. Regulatory acts
1.1. Constitution of the Russian Federation of December 12, 1993 // Russian newspaper. No. 237. 1993. December 25.
1.2. Universal Declaration of Human Rights 1948 // Human Rights: Collection of international documents. - M., 1986.
1.3. ILO Convention No. 168 “On the promotion of employment and protection against unemployment” 1988 // International Labor Organization. Conventions and recommendations. 1919-1990: T.II - Geneva, 1991
1.4. ILO Convention No. 122 “On Employment Policy”, 1964; No. 159 “On professional rehabilitation and employment of disabled people” 1983 // International Labor Organization. Conventions and Recommendations 1957 - 1990: Vol. II. - Geneva, 1991.
1.5. Labor Code Russian Federation: Federal Law of December 30, 2001 No. 197 - Federal Law. - As of November 25, 2009. No. 267
1.6. On employment of the population in the Russian Federation: Law of the Russian Federation of January 12, 1991 No. 1032-1. - As of December 27, 2009 // SZ RF. – 1996.-No. 17.-Art. 1915; 2009.
1.7. On trade unions, their rights and guarantees of activity: Federal Law of December 12, 1996 No. 10-FZ. - As of December 30, 2008// SZ RF.-1996.-No. 3.-Art.148; 2008.
1.8. On employers' associations: Federal Law of November 27, 2002 No. 156-FZ. - As of December 1, 2007 // SZ RF. – 2002.- No. 48.- Art. 4741; Rossiyskaya gazeta.-2007.-No. 250.
1.9. On approval of the regulations on the organization of public works: Decree of the Government of the Russian Federation of July 14, 1997 No. 875 - as of January 11, 2007 // SZ RF. -1997.-No. 29.-Art. 3533; 2008.
1.10. On approval of the procedure for registering unemployed citizens: Decree of the Government of the Russian Federation of April 22, 1997 No. 458 - as of December 14, 2006 // SZ RF.-1997.-No. 17.-St.2009; 2007.-No.5.-Art.1222
1.11. On the size of the minimum and maximum unemployment benefits for 2010: Decree of the Government of the Russian Federation of November 14, 2009 No. 926.- 2009.
2. Judicial practice
2.1. Resolution of the Constitutional Court of the Russian Federation dated May 25, 2010 No. 11-P “In the case of verifying the constitutionality of paragraph ten of Article 2 of the Law of the Russian Federation “On Employment in the Russian Federation” - PSP “Consultant Plus”
2.2. Resolution of the Constitutional Court of the Russian Federation dated December 16, 1997 No. 20-P “On the case of verifying the constitutionality of paragraph six of paragraph 1 of Article 28 of the Law of the Russian Federation “On Employment of the Population in the Russian Federation” as amended on April 20, 1996” - PSP “Consultant Plus”
3. Special literature
3.1. Berdychevsky V.S., Akopov D.R. Labor law: Tutorial/ V.S. Berdychevsky - Rostov n/a: from Phoenix, 2002.-512С.
3.2. Buyanov M.O. Labor law in questions and answers: Textbook / M.O. Buyanov.- M: from Prospekt, 2005.-176С
3.3. Kiselev I.Ya. Labor law of Russia and foreign countries: International labor standards / I. Ya Kiselev. - M: from Eksmo, 2005. - 608C.
3.4. Kurennoy A.M. Labor law: Textbook / A.M. Kurennaya - Moscow: from Yurist, 2008.-315С.
3.5. Presnyakov M.V., Chanov S.E. Labor law: Textbook / M.V. Presnyakov – Moscow: Yurist Publishing House, 2007. – 477С.
3.6. Salnikova L.V. Labor law in questions and answers: A practical guide / L.V. Salnikova - Moscow: from Dashkov and Co., 2009.- 464P.
3.7. Smirnov O.V. Labor law: Textbook / O.V. Smirnov - Moscow: Prospekt publishing house, 2007.-528pp.
3.8. Viktorov I.S., Makasheva A.Zh. Social and legal aspects of the problem of employment / I.S. Viktorov., A.Zh. Makasheva // Labor Law.-2007-No.8.- P.71
3.9. Nizova L.M. Legal regulation of employment / L.M. Nizova // Labor Law.-2008.-No.1.-P.40-41.
3.10. Chernyaeva D.S. World crisis and labor relations/ Chernyaeva D.S. // Labor Law.-2010-No.1.- P.32.
3.11. Dolgova A., Zhukova I. Full and effective employment of youth / A. Dolgova, I. Zhukova // Man and labor.-2007.-No.8.-P.38-41
3.12. Petrov A. Employment and employment - a comprehensive institute Russian law and some innovations in its regulation. // Questions labor law. 2006. №11.
3.13. Sabchenko O.V. Some employment problems within the framework of the social function of labor law. //Law and states. Theory and practice. 2005. No. 9
Resolution of the Constitutional Court of the Russian Federation dated May 25, 2010 No. 11-P “On the case of verifying the constitutionality of paragraph ten of Article 2 of the Law of the Russian Federation “On Employment in the Russian Federation”
Kurennoy A.M. Labor law: Textbook / A.M. Kurennaya - Moscow: from Yurist, 2008.-315С.
Dolgova A., Zhukova I. Full and effective employment of youth / A. Dolgova, I. Zhukova // Man and labor.-2007.-No. 8.-P.38-41.
Viktorov I.S., Makasheva A.Zh. Social and legal aspects of the problem of employment / I.S. Viktorov., A.Zh. Makasheva // Labor Law.-2009-No.8.- P.71
Presnyakov M.V., Chanov S.E. Labor law: Textbook / M.V. Presnyakov - Moscow: from Yurist, 2007. - 477С.
Smirnov O.V. Labor law: Textbook / O.V. Smirnov - Moscow: Prospekt publishing house, 2007.-528pp.
Nizova L.M. Legal regulation of employment / L.M. Nizova // Labor Law.-2008.-No.1.-P.40-41
Berdychevsky V.S., Akopov D.R. Labor law: Textbook / V.S. Berdychevsky - Rostov n/a: from Phoenix, 2002.-512С.
Sabchenko O.V. Some employment problems within the framework of the social function of labor law. //Law and states. Theory and practice. 2005. No. 9
Petrov A. Employment and employment is a complex institution of Russian law and some innovations in its regulation. // Issues of labor law. 2006. No. 11
MINISTRY OF EDUCATION AND SCIENCE
RUSSIAN FEDERATION
URAL INSTITUTE OF COMMERCIAL AND LAW
Department of Civil, Civil Procedure
and labor law
COURSE WORK
By discipline
"Labor Law"
On the topic
“Legal regulation of employment and employment”
Student gr. Andriishin Fedor
Sergeevich
group course
Type of training: correspondence
abbreviated
Home address: Pionersky village
st. Sadovaya 3, apt. 9 Talitsky
district of the Sverdlovsk region
Irbit 2011
Introduction
1. The role of the state in promoting employment 5
1.1 State policy in the field of promoting employment 5
1.2 Legislation on employment 9
2. The concept of employment and the legal status of the unemployed 10
2.1 The concept of employment and its types 11
2.2 Legal status of the unemployed 12
3. Employment, material and social support for the unemployed 14
3.1 Legal organization of employment 15
3.2 Types of measures of material and social support for the unemployed 18
Conclusion
List of used sources and literature 23
Introduction
The relevance of this course work lies in the fact that employment and employment issues are one of the primary problems of the state. This issue is especially acute in modern crisis conditions, when there is a massive layoff of workers and a reduction in the number of staff at enterprises. Due to the fact that the problem of employment and unemployment has worsened, the state is obliged to take all necessary measures to support unemployed citizens.
The purpose of this course work is to study legal framework organizing employment and employment, researching the direction of state policy in the field of promoting employment, studying the work of the state employment service with citizens who have applied for help, identifying legal problems in the field of employment and employment issues, and trying to find ways to solve them.
The goal involves solving specific problems: to study the concept of employment, to reveal its types and forms; explore the general characteristics of employment legislation; reveal the issue of legal organization of employment, the procedure for employment of certain categories of citizens; explore state policy in the field of promoting employment, determine its directions and principles; give a general description of guarantees of material and social support for the unemployed; identify legal problems in the field of organizing employment and employment, gaps in employment legislation and propose ways to solve them.
The subject of study of this course work is social relations in the field of employment and employment that have arisen between the state, represented by its competent authorities, and citizens who turn to these authorities for help.
The methodological basis of the course work was legislative acts and regulations governing public employment and employment. In addition, the work is based on the study and analysis of the works of domestic authors M.V. Molodtsov, S.Yu. Golovin, V.A. Pavlenkova, L.V. Seregina, V.N. Tolkunova, devoted to issues of employment and employment of citizens.
The work covers such issues as state policy in the field of promoting employment, general characteristics of employment legislation, the concept of employment and the legal status of the unemployed, the legal organization of employment, guarantees of material and social support for the unemployed.
The structure of the course work is presented by an introduction, the content of three chapters and corresponding paragraphs, a conclusion and a list of references.
1. The role of the state in promoting employment.
1.1 State policy in the field of employment promotion
State policy in the field of promoting employment is aimed at:
- development of labor resources, increasing their mobility, protecting the national labor market;
- ensuring equal opportunities for all citizens of the Russian Federation, regardless of nationality, gender, age, social status, political beliefs and attitude to religion in exercising the right to voluntary work and free choice of employment;
- creation of conditions ensuring a decent life and free development of a person;
- support for the labor and entrepreneurial initiatives of citizens, carried out within the framework of the law, promoting the development of their abilities for productive, creative work;
- implementation of measures to promote the employment of citizens who have difficulty finding work (disabled people; persons released from institutions serving a sentence of imprisonment; minors aged 14 to 18 years; persons before retirement age (two years before the age giving the right to an old-age labor pension, including an early-term old-age labor 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 Chernobyl and other radiation accidents and disasters; citizens aged 18 to 20 years from among graduates of primary and secondary vocational education institutions, looking for work for the first time);
- preventing mass and reducing long-term (more than one year) unemployment;
- encouraging employers to maintain existing jobs and create new ones, primarily for citizens who have difficulty finding work;
- unification of efforts of labor market participants and coordination of their actions in the implementation of measures to promote employment of the population;
- coordination of the activities of government bodies, trade unions, and other representative bodies of workers and employers in the development and implementation of measures to ensure employment of the population;
- international cooperation in solving employment problems, including issues related to the labor activities of citizens of the Russian Federation outside the territory of the Russian Federation and foreign citizens on the territory of the Russian Federation, compliance with international labor standards.
Organization of public works
1. Employment service bodies organize paid public works in order to ensure temporary employment of the population.
Public works refers to work activities that have a socially useful orientation and are organized as additional social support for citizens looking for work.
Public works does not include activities related to the need for urgent liquidation of the consequences of accidents, natural disasters, catastrophes and others. emergency situations and requiring special training of workers, as well as their qualified and responsible actions in the shortest possible time.
2. Citizens registered with the employment service for the purpose of finding suitable work and unemployed citizens have the right to participate in public works. Unemployed citizens who do not receive unemployment benefits and unemployed citizens who have been registered with the employment service for more than six months have a priority right to participate in public works.
Citizens' participation in public works is permitted only with their consent. When sending people to public works, the health status, age, professional and other individual characteristics of citizens are taken into account.
A fixed-term employment contract is concluded with persons wishing to participate in public works. A fixed-term employment contract for a citizen’s participation in public works can be terminated early when he finds a permanent or temporary job.
3. Remuneration for citizens employed in public works is made in accordance with the legislation of the Russian Federation.
During the period of participation of unemployed citizens in public works, they retain the right to receive unemployment benefits (except for citizens for whom public work is considered suitable).
4. Citizens employed in public works are subject to the legislation of the Russian Federation on labor and social insurance.
5. Financing of public works is carried out at the expense of the organizations in which these works are carried out.
During the period of participation in public works, temporary employment, unemployed citizens and minor citizens aged 14 to 18 years may be provided with financial support.
6. Public works can be organized to perform auxiliary, auxiliary and, as a rule, unskilled work in the following areas:
- disposal and processing of household waste, repair and production of containers, auxiliary work in greenhouses, brick factories and other enterprises, washing windows, cleaning the territory;
- sanitary cleaning of green areas of the city, preparation medicinal plants, planting seedlings;
- loading and unloading operations, improvement and repair of tram and trolleybus stops, washing cars;
- mowing grass and cutting down bushes on roadsides, slopes, cleaning road surfaces from dirt and snow in places inaccessible to road equipment, clearing snow and ice from public transport stops, auxiliary work during the construction and repair of roads;
- repair of housing stock, improvement of rental properties, auxiliary work in the production of building materials, carrying of building materials;
- landscaping and landscaping, sanitary cleaning of neighborhoods, removing snow from roofs, cleaning staircases.
Auxiliary work on the maintenance and use of housing stock and social and cultural facilities (children’s preschool institutions, sports grounds, nursing homes, etc.).
Auxiliary work on the restoration and preservation of historical and architectural monuments and recreation areas.
Putting in order military burials, mass graves, cemeteries.
- social assistance to the population, care for the elderly and disabled, participants of the Second World War;
- organizing children's leisure in kindergartens, holiday camps, leading teams of schoolchildren, work of teachers in the summer at playgrounds, clubs at the place of residence;
- registration and issuance of medical cards;
- maintenance of attractions, entertainment and cultural events;
- carrying out public events (population census, processing documentation in military commissariats);
- other available activities.
1.2 General characteristics of employment legislation
The legislation of the Russian Federation on employment of the population is a system of normative legal acts that define the legal, economic, organizational foundations of relations arising in connection with the provision of employment and the implementation of citizens' rights to work.
Legislation on employment is based on the Constitution of the Russian Federation and consists of the Law of the Russian Federation “On Employment of the Population in the Russian Federation”, federal laws, other regulatory legal acts of the Russian Federation, as well as other regulatory legal acts of constituent entities of the Russian Federation. The most important for the institution in question is Art. 37 of the Constitution of the Russian Federation, establishing the right of citizens to protection from unemployment.
An important role is played by the Law of the Russian Federation “On Employment of the Population in the Russian Federation,” which was adopted on April 19, 1991, significantly amended and supplemented on April 20, 1996, and is currently in force as amended on June 3, 2009.
The Employment Law defines the principles of state policy in the field of employment, the rights and obligations of entities operating in the labor market, the rights of citizens in the field of employment and the guarantees provided to them in this area, the organization of the activities of state employment bodies, the legal basis for the participation of employers in providing employment and other important provisions.
A significant part of the sources are acts of the Government of the Russian Federation. Special role are played by federal target programs approved by the Government, which define measures the implementation of which is necessary to achieve the goals of state employment policy. Acts of the Ministry of Health and Social Development of the Russian Federation are of significant importance.
Issues of employment of the population are the subject of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, due to which employment legislation is represented by acts of not only federal, but also regional legislation. State authorities of the constituent entities of the Russian Federation, in accordance with their competence, resolve in full issues related to the development and implementation of state policies to promote employment, taking into account national and cultural traditions, as well as historically established types of employment, ensuring the implementation of the rights of citizens provided for by federal laws and regulatory legal acts that determine state policy in the field of promoting employment of citizens who are in particular need of social protection and have difficulty finding work.
The institution of legislation under consideration is complex in nature, including norms not only of labor, but also of administrative, financial and civil law. Thus, the procedure for the activities of state employment bodies is regulated by administrative and legal, and financial measures to promote employment by financial standards.
2. The concept of employment and the legal status of the unemployed
2.1 The concept of employment and its types
The Law of the Russian Federation “On Employment of the Population in the Russian Federation” (hereinafter referred to as the Law) defines employment as the activity of citizens related to the satisfaction of personal and social needs, which does not contradict Russian legislation and, as a rule, brings them earnings and labor income. From this definition, four essential characteristics can be identified, the totality of which makes it possible to classify a citizen as an employed person.
Activities of citizens, i.e. performing certain active actions. For example, a citizen carries out a certain set of active actions, performing labor functions on the basis of a concluded employment contract.
Employment is divided into:
- labor, which involves activity in the sphere of social production;
- unearned.
Labor employment, in turn, is divided into employment in the field of hired labor and self-employment.
Employment in the field of hired labor includes: work under an employment contract; work on the basis of a civil contract, the subject of which is labor; work on the basis of an act of election or appointment; military service under contract and service equivalent to it. All these types of employment are characterized by the fact that their legal form is a contract, which provides for the voluntary origin and termination, corresponding rights and obligations associated with the process of realizing the ability to work, and remuneration, the amount of which does not directly depend on the income of the employer.
Amateur employment includes: membership in production cooperatives; work in auxiliary industries and sales of products under contracts; doing business. These types of employment are characterized by the fact that their content involves participation in making production decisions, and the remuneration directly depends on the income of the enterprise.
Non-labor employment includes: training in general education, primary vocational institutions, secondary vocational and higher vocational education and other educational institutions, including training in the direction of the state employment service; temporary absence from the workplace due to disability, vacation, retraining, advanced training, suspension of production caused by a strike, conscription for military training, involvement in events related to preparation for military service (alternative civil service).
Employment relations cannot be considered as a prerequisite for starting work. Employment is a continuing relationship that characterizes the state of certainty of the subject of this relationship (for example, as an employee, a person studying at an educational institution, etc.) and cannot be interrupted (terminated) by the moment of getting a job, entering college, etc. .
2.2 Legal status of the unemployed
Unlike the concept of employment, the concept of unemployment is absent in the current Russian legislation. Meanwhile, the Law “On Employment in the Russian Federation” specifies who can be considered unemployed.
In accordance with Art. 3 of this law, able-bodied citizens who do not have work and income, are registered with the employment service in order to find a suitable job, are looking for work and are ready to start work are recognized as unemployed. At the same time, payments of severance pay and maintained average earnings to citizens dismissed from organizations (military service) regardless of their organizational and legal form and form of ownership due to liquidation, reduction in staff or staff are not taken into account as earnings.
The procedure for registering unemployed citizens is determined by the Government of the Russian Federation.
The decision to recognize a citizen registered for the purpose of searching for a suitable job as unemployed is made by the employment service authorities at the citizen’s place of residence no later than 11 days from the date of presentation to the employment service authorities of a passport, work book or documents replacing them, documents certifying professional qualifications, certificate of secondary education earnings for the last three months at the last place of work, and for first-time job seekers (who have not previously worked) who do not have a profession (specialty) - a passport and education document.
If the employment service cannot provide suitable work to citizens within 10 days from the date of their registration in order to find a suitable job, these citizens are recognized as unemployed from the first day of presentation of the specified documents.
The decision to recognize a disabled person as unemployed is made by the employment service authorities in accordance with the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”.
Citizens cannot be recognized as unemployed:
- under 16 years of age;
- who, in accordance with the pension legislation of the Russian Federation, have been assigned an old-age pension (by age), for length of service;
- those who refused, within 10 days from the date of their registration with the employment service, in order to find a suitable job, two options for suitable work, including temporary work, and those seeking work for the first time (who have not previously worked) and who do not have a profession (specialty) - in the case of two refusals to receive vocational training or offers of paid work, including temporary work. A citizen cannot be offered the same job (vocational training in the same profession, specialty) twice;
- those who did not appear without good reason within 10 days from the date of their registration in order to find a suitable job to the employment service authorities to offer them a suitable job, as well as those who did not appear within the period established by the employment service authorities to register them as unemployed;
- sentenced by a court decision to correctional labor without imprisonment, as well as to punishment in the form of imprisonment;
- those who have submitted documents containing deliberately false information about the lack of work and earnings, as well as those who have provided other false data in order to be recognized as unemployed.
Citizens who are denied recognition as unemployed in the prescribed manner have the right to re-apply to the employment service authorities one month from the date of refusal to resolve the issue of recognizing them as unemployed.
3. Employment, material and social support for the unemployed
3. 1 Legal organization of employment
Employment is understood as a system of measures aimed at ensuring employment of the population, including assistance in finding and obtaining work from state bodies, as well as non-governmental organizations on the basis of licensing.
General management of employment is entrusted to the Ministry of Labor and Social Development of the Russian Federation, which is responsible for the development and implementation of a unified state policy in the field of labor and employment.
Directly in charge of employment issues is the Federal State Employment Service with its structure: the State Committee of the Russian Federation for Employment, committees of the republics and employment centers in territories, regions, cities and districts. All of these government agencies provide employment services free of charge. But intermediary services in finding work can also be provided by non-governmental organizations on the basis of licenses issued to them for a fee. The difference between state assistance in employment also lies in the provision of the above-mentioned material guarantees and social support to unemployed citizens. To finance them, since they are related to the implementation of state employment policy, the State Employment Fund was created. It exists through mandatory contributions from employers, republican and local budgets and voluntary contributions.
In addition to free assistance in selecting a suitable job, it is also essential free training a new profession, as well as advanced training with a stipend.
A very significant means of temporarily solving the employment problem is the provision of paid public works, the implementation of which is carried out on a voluntary basis and formalized by a fixed-term employment contract. In accordance with the Decree of the Government of the Russian Federation of July 14, 1997, which approved the Regulations on the organization of public works, public works are understood as generally accessible types of labor activity, as a rule, not requiring preliminary professional training of workers, and having a socially useful orientation. Citizens perform public works at the direction of the employment service authorities 1 . Their specific types and volumes are determined by local authorities based on proposals and with the participation of employment services.
Unemployed citizens who do not receive unemployment benefits and unemployed citizens who have been registered with the employment service for more than six months have a priority right to participate in public works.
Citizens' participation in public works is permitted only with their consent.
With persons wishing to participate in public works, the employer enters into a fixed-term employment contract for a period of up to six months. A citizen’s contract for participation in public works is terminated if he enters a permanent place of work or a temporary suitable workplace and for other valid reasons.
Participation in public works is included in the total work experience, but is not taken into account when selecting a suitable job, with the exception of a few cases expressly specified in the Regulations, for example, for
etc.............
