Maximum remoteness of a suitable work place of residence. The concept of a suitable job. Job Requirements

Since the acquisition and preservation of the status of the unemployed is associated with such concepts as suitable and unsuitable work, we will dwell on them in more detail.

In accordance with Article 4 of the Law "On Employment in the Russian Federation", such work is considered suitable, including temporary work, which corresponds to the professional suitability of the employee, taking into account the level of his professional training, the conditions of the last place of work (with the exception of paid public works), health status, transport accessibility of the workplace.

Transport accessibility is the maximum distance of a suitable job from the place of residence of the unemployed, which is determined by the relevant local government, taking into account the development of the public transport network in the area.

Paid work (including temporary work and public works), requiring or not requiring (taking into account the age and other characteristics of citizens) preliminary training, that meets the requirements of the labor legislation of the Russian Federation, is considered suitable for citizens:

  • * first-time job seekers (who did not work before), who do not have a profession (specialty), who were fired more than once during one year preceding the onset of unemployment, for violation of labor discipline and other guilty actions provided for by the legislation of the Russian Federation, who were previously engaged in entrepreneurial activities, seeking resume labor activity after a long (more than one year) break, as well as those sent by the employment service for training and expelled for guilty actions;
  • * those who refused to improve (restore) their qualifications in their current profession (specialty), obtain a related profession or undergo retraining after the end of the initial (12-month) period of unemployment;
  • * registered with the employment service for more than 18 months, as well as more than three years not working;
  • * applied to the employment service after the end of seasonal work. A job may not be considered suitable if:
  • * it is associated with a change of residence without the consent of the citizen;
  • * working conditions do not comply with the rules and regulations on labor protection;
  • * the offered salary is lower than the average salary of a citizen, calculated for the last three months at the last place of work. This provision does not apply to citizens whose average monthly earnings exceeded the subsistence level of the able-bodied population, calculated in the constituent entity of the Russian Federation in the prescribed manner. In this case, a job cannot be considered suitable if the salary offered is below the specified living wage.
  • 3) Rights and obligations of the unemployed

In addition to defining the concept, the legal status of the unemployed includes his rights and obligations, responsibility for improper performance or non-performance of duties, as well as social guarantees and compensations provided by law in order to provide an unemployed citizen with the opportunity to exercise the rights granted.

The Employment Law enshrines a wide range of rights of citizens duly recognized as unemployed, which can be conditionally divided into two groups: the powers aimed at exercising the right to freely dispose of their abilities for work, choose the type of activity and profession, and the powers that provide social support and material assistance to the unemployed during the job search period.

Right to employment can be implemented in various ways and includes the following powers of the unemployed:

  • * the right to assistance in finding a suitable job (Article 4 of the Employment Law);
  • * the right to choose a place of work (Article 8 of the Law on Employment), including the possibility of employment in another area, as well as the right to professional activities outside the territory of the Russian Federation (Article 10 of the Law on Employment);
  • * the right to free vocational guidance, vocational training, retraining and advanced training in the direction of the employment service (Article 9, 23 of the Law on Employment);
  • * the right to participate in public paid work (Article 24 of the Employment Law);
  • * the right to receive assistance in organizing their own business.

Powers that provide social support and material assistance to the unemployed during the period of job search, are also enshrined in the Law on Employment and provide for the possibility for the unemployed to receive the following social guarantees and compensations:

  • * unemployment benefit (art. 30-35 of the Employment Law);
  • * scholarship for the period of study in the direction of the employment service (Article 29 of the Law on Employment);
  • * material assistance to the unemployed and their families (Article 36 of the Employment Law);
  • * Organization of recreation and treatment of children of unemployed citizens;
  • * reimbursement of expenses in connection with a voluntary move to another locality for employment at the suggestion of the employment service authorities (paragraph 5, clause 1, article 28 of the Employment Law);
  • * payment of the cost of travel (to the place of study and back) and expenses associated with the residence of citizens sent by the employment service for vocational training, advanced training or retraining in another area (clause 8, article 29 of the Employment Law). An important social guarantee is also the preferential procedure for calculating seniority. The time during which a citizen, in accordance with the procedure established by law, receives unemployment benefits, a scholarship, takes part in paid public works, the time required to move to another locality and find employment in the direction of the employment service, as well as a period of temporary disability, maternity leave and childbirth, conscription for military training, involvement in activities related to preparation for military service, with the performance of state duties, does not interrupt the length of service and is counted in the total length of service and insurance.

Concerning duties of the unemployed then in general they can be formulated as conscientiousness and discipline.

When applying for assistance to the state employment service, a citizen must provide certain information about himself and his family. Based on this information, a decision is made to recognize the citizen as unemployed and assign him unemployment benefits. If the unemployed acted in bad faith and received benefits fraudulently, then the payment of unemployment benefits may be terminated with simultaneous deregistration as unemployed. The same consequences may be entailed by the failure of the unemployed to report to the employment service information about their employment (even if it is temporary or on a part-time basis).

The requirement of discipline is at the heart of the interaction between the employment service agency and the unemployed: he must regularly, at least twice a month, re-register with the employment service; notify in advance of a long-term (more than one month) absence from the place of registration as unemployed; appear at the employment service authorities to receive a job (study) referral and to negotiate employment with the employer within three days from the date of referral by the employment service authorities; the unemployed person either agrees to take the offered suitable job, or attends classes and successfully completes a training course referred by the employment service.

In addition, the unemployed must come to the employment service in a sober state, since the appearance of the unemployed for re-registration in a state of intoxication entails appropriate sanctions from the employment service.

Non-fulfillment by the unemployed of the duties assigned to him entails the measures of responsibility provided for by the Law on Employment. These liability measures can be both traditional, civil law (collection of unfairly received unemployment benefits in court), criminal law (bringing to account under Article 159 of the Criminal Code of the Russian Federation for fraud), and specific, inherent only in these legal relations. Such specific measures include: suspension of the payment of unemployment benefits for up to three months, reduction of its size by 25% for up to one month, and, as the most severe punishment, deprivation of the status of unemployed with the simultaneous termination of the payment of unemployment benefits.

Article 4 Suitable and inappropriate work

1. Suitable work is considered to be such work, including work of a temporary nature, which corresponds to the professional suitability of the employee, taking into account the level of his professional training, the conditions of the last place of work (with the exception of paid public works), the state of health, the transport accessibility of the workplace.

Information on changes: By Federal Law No. 122-FZ of August 22, 2004, paragraph 2 of Article 4 of this Law was amended with effect from January 1, 2005.

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

Information on changes: Federal Law No. 367-FZ of December 27, 2009 amended paragraph 3 of Article 4 of this Law, which shall enter into force on January 1, 2010.

See the text of the paragraph in the previous edition

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

looking for a job for the first time (previously not working) and at the same time not having a profession (specialty); dismissed more than once during one year preceding the onset of unemployment, for violation of labor discipline or other guilty actions provided for by the legislation of the Russian Federation; who have ceased their individual entrepreneurial activities, who have left the members of a peasant (farm) economy in accordance with the procedure established by the legislation of the Russian Federation; those seeking to resume their labor activity after a long (more than one year) break, as well as those sent by the employment service for training and expelled for guilty actions;

those who refused to improve (restore) their qualifications in their current profession (specialty), obtain a related profession or undergo retraining after the end of the first period of payment of unemployment benefits;

registered with the employment service for more than 18 months, as well as more than three years not working;

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

Information on changes: By Federal Law No. 175-FZ of July 17, 1999, paragraph 4 of Article 4 of this Law was amended with effect from the day the Government of the Russian Federation established the subsistence minimum in accordance with the Federal Law "On the subsistence minimum in the Russian Federation"


See the text of the paragraph in the previous edition

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

working conditions do not comply with the rules and regulations on labor protection;

the offered earnings are lower than the average earnings of a citizen, calculated for the last three months at the last place of work. This provision does not apply to citizens whose average monthly earnings exceeded the subsistence minimum for the able-bodied population (hereinafter referred to as the subsistence minimum), calculated in the constituent entity of the Russian Federation in the prescribed manner. In this case, a job cannot be considered suitable if the proposed salary is lower than the subsistence minimum calculated in the constituent entity of the Russian Federation in the prescribed manner.

GUARANTEE: See comments on Article 4 of this Law

Information on changes: Federal Law No. 122-FZ of August 22, 2004 amended Article 5 of this Law, which shall enter into force on January 1, 2005.

See the text of the article in the previous edition

Decree of the Government of the Russian Federation of September 7, 2012 N 891 "On the procedure for registering citizens in order to find a suitable job, registering unemployed citizens and requirements for selecting a suitable job"

Requirements

to find the right job

1. This document defines the requirements for the selection of citizens,

registered for the purpose of finding a suitable job (hereinafter -

registered citizens), and unemployed citizens of suitable employment.

2. Finding suitable jobs for registered citizens and

unemployed citizens is carried out on the basis of information about free

jobs and vacancies contained in the register

recipients of public services in the field of employment -

employers.

3. The selection of a suitable job is carried out taking into account the profession

(specialty), position, type of activity, level of professional

training and qualifications, experience and work skills, the size of the average

earnings calculated for the last 3 months at the last place of work

transport accessibility of the workplace, as well as the requirements of the employer

to the candidacy of the employee contained in the information on free workers

places and vacancies.

4. Registered citizens who did not present when registering for

registration of documents confirming the professional

qualifications, level of professional training, experience and work skills,

in the field of employment - employers offer paid

work, including work of a temporary nature that does not require prior

training that meets the requirements of the labor legislation of the Russian

Federation and other regulatory legal acts containing labor standards

rights, taking into account the transport accessibility of the workplace, as well as

requirements of the employer to the candidacy of the employee contained in the information

about vacancies and vacancies.

5. When choosing a suitable job, the transport accessibility of the worker

location is determined taking into account the maximum distance of suitable work from

places of residence of registered citizens and unemployed citizens.

6. For registered citizens who have registered

within 12 months after dismissal for any reason, suitable

considered work, including work of a temporary nature, which

corresponds to the professional suitability of the employee, taking into account the level

vocational training, conditions of the last place of work (for

with the exception of paid public works), the state of health of citizens

and transport accessibility of the workplace.

7. For registered citizens looking for a job for the first time (not previously

working), having a profession (specialty), who have embarked on

registration within 12 months after graduation from

institutions of vocational education, suitable work is considered to be in

including work of a temporary nature, which corresponds to the profession

(specialty), taking into account the level of professional training, the state

health of citizens and transport accessibility of the workplace.

8. Registered citizens who are looking for a job for the first time have not previously

who worked and at the same time do not have a profession (specialty), is issued not

more than 2 offers of vocational training or referrals to

paid work, including work of a temporary nature requiring or

not requiring (taking into account the age and other characteristics of citizens)

preliminary training that meets the requirements of labor

legislation of the Russian Federation and other regulatory legal acts,

9. Paid work, including work of a temporary nature and

public works, requiring or not requiring (taking into account age and

other characteristics of citizens) preliminary training that meets

requirements of the labor legislation of the Russian Federation and other

normative legal acts containing labor law norms is considered

suitable for registered citizens and unemployed citizens:

a) laid off more than once during the year preceding

the beginning of unemployment, for violation of labor discipline or other perpetrators

actions provided for by the legislation of the Russian Federation;

b) terminated individual entrepreneurial and other

activities that came out of the members of the peasant (farm) economy in

the procedure established by the legislation of the Russian Federation;

c) seeking to resume employment after a long

(more than 1 year) break;

d) sent by state institutions of the employment service

population for training and expelled for guilty actions;

e) those who refused to improve (restore) their qualifications according to the existing

professions (specialties), get a related profession or pass

retraining after the end of the first benefit period

unemployment;

f) registered in state employment service institutions

population over 18 months;

g) who have not worked for more than 3 years;

h) applied to state employment service agencies

population after the end of seasonal work.

10. When selecting registered citizens and unemployed citizens

suitable work is not allowed:

a) offer the same job option twice, and for

citizens who are looking for work for the first time, who have not previously worked and at the same time do not have

professions (specialties), offering the same option

training twice;

b) referral to jobs without taking into account the development of the network

public transport, providing transport accessibility

workplace;

c) a job offer that involves a change of residence

citizens without their consent;

d) a job offer, the working conditions of which do not meet

rules and regulations on labor protection;

e) offer of a job, the salary for which is lower than the average salary,

calculated for the last 3 months at the last place of work of citizens.

For citizens whose average monthly earnings exceeded the value

subsistence minimum of the able-bodied population, calculated in the subject

Russian Federation in the prescribed manner, suitable cannot

the minimum calculated in the subject of the Russian Federation in the established

11. Registered citizens and unemployed citizens who have

several professions (specialties), selection of suitable work

is carried out taking into account the available professions (specialties), the level

professional training, experience and skills.

12. When offering a suitable job to registered citizens and

job referrals are issued to unemployed citizens. Candidates of citizens

if they agree to a suitable job, are agreed with

employers.

Registered citizens and unemployed citizens are issued no

13. In the absence of suitable work, registered citizens and

Unemployed citizens, with their consent, may be offered:

a) referral to work in a related profession (specialty);

b) referral for participation in paid public works;

c) participation in job fairs and training jobs;

d) professional orientation in order to choose a field of activity

(professions), employment and vocational training;

e) sending unemployed citizens for temporary employment,

experiencing difficulties in finding a job, unemployed citizens aged from

18 to 20 years old from among the graduates of educational institutions of primary and

secondary vocational education, looking for a job for the first time.

14. Minor registered citizens over the age of 14

up to 18 years of age may be offered temporary employment in free from

study time.

15. Candidates of registered citizens and unemployed citizens in

if they agree to work in a related profession (specialty) or

participation in paid public works and temporary employment

agreed with employers.

Orlova, a primary school teacher, applied to the employment service with a request to send her for retraining as an accountant.

Which citizens and in what cases does the employment service send for retraining?

Hello Eugene.

In this case, it is necessary to refer to the provisions governing the procedure for registering citizens in order to find a suitable job, registering unemployed citizens and the requirements for selecting a suitable job.

So, according to:

GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
dated September 7, 2012 N 891
On the procedure for registering citizens in order to find a suitable job, registering unemployed citizens and requirements for selecting a suitable job
(as amended on August 4, 2015)
Job Requirements
APPROVED
Government Decree
Russian Federation
dated September 7, 2012 N 891
1. This document defines the requirements for the selection of citizens registered in order to find suitable work (hereinafter referred to as registered citizens), and unemployed citizens of suitable work.
5. When choosing the right job
transport accessibility of the workplace is determined taking into account the maximum distance of a suitable job from the place of residence registered citizens and unemployed citizens.
6. For registered citizens who have registered within 12 months after dismissal for any reason, work is considered suitable, including temporary work, which corresponds to the professional suitability of the employee, taking into account the level of his qualifications, the conditions of the last place of work (with the exception of paid public works), the state of health of citizens and
transport accessibility of the workplace.
7. For registered citizens who are looking for a job for the first time (previously not working), having a profession (specialty), registered within 12 months after graduation from organizations engaged in educational activities, work is considered suitable, including work of a temporary nature, which corresponds to the profession (specialty), taking into account the level of qualification, the state of health of citizens
and transport accessibility of the workplace.
10. When selecting a suitable job for registered citizens and unemployed citizens
not allowed:
b) sending to workplaces without taking into account the development of a public transport network that ensures transport accessibility of the workplace;
in)
an offer of work that is associated with a change in the place of residence of citizens without their consent; docs.cntd.ru/document/902368352

At the same time, according to the information of the Ministry of Labor and Social Development of the Russian Federation:

What approaches can be used in determining the transport accessibility of the workplace when selecting a suitable job? Is it legal to use other criteria, such as the cost of travel to the intended place of work, in addition to the transport accessibility of the workplace (paragraphs 5, 6 of the requirements for the selection of suitable work) when determining the maximum distance of the place of suitable work from the place of residence of those registered in order to search for suitable work and unemployed citizens? and back, as well as the travel time and the number of transfers, since often the cost of travel to and from the place of work, taking into account transport accessibility, exceeds the amount of the proposed salary, and the travel time is more than 3 hours per day.

The maximum distance of a suitable job from the place of residence of a citizen
established by the executive authorities of the constituent entities of the Russian Federation in a differentiated amount depending on the categories of citizens and taking into account the development of the public transport network.
When selecting a suitable job, the transport accessibility of the workplace is determined based on the maximum distance of a suitable job from the place of residence of a citizen.
The recommended maximum time for citizens belonging to the category of disabled people should not exceed 1.5 hours (unless the recommendations of the individual rehabilitation program for a disabled person contain other requirements for the transport accessibility of the workplace).
Work is also considered suitable if the transport accessibility of the workplace is provided by the employer's vehicle, which ensures the delivery of personnel to and from the place of work.
www.rosmintrud.ru/reception/help/23/4

Therefore, in your area there are also regulations that determine the maximum distance for suitable work, i.e. You can contact the district employment service with a statement on the issue of familiarization and provision of complete and comprehensive information regarding the established standards for the maximum distance of a suitable job, unfortunately it turned out to be difficult to find it on the network.

Here is one example of such a rule:

HEAD OF THE SHAKHOVSKY DISTRICT OF THE MOSCOW REGION
RESOLUTION
dated February 25, 2003
ABOUT THE MAXIMUM REMOTE OF A SUITABLE JOB FROM THE PLACE
RESIDENCE OF UNEMPLOYED CITIZENS
Based on paragraph 2 of Article 4 of the Law of the Russian Federation "On
employment in the Russian Federation”, taking into account the degree
development of a public transport network in the Shakhovsky district,
I decide:
Consider a suitable place of work for unemployed citizens:
- living in rural administrative districts, - enterprises located within the Shakhovsky district;
- living in the village, - enterprises located within
Shakhovsky district, as well as enterprises located two hours
travel (by public transport in one direction), with
provided that transport costs will not exceed 25%
payable wages;
- single citizens and citizens who do not have persons on their
content, - enterprises of the Moscow region, working on
on a rotational basis or if there is a place to stay.
zakon.7law.info/base62/part1/d62ru1373.htm
COMMITTEE OF IVANOVO REGION ON LABOR, PROMOTION OF EMPLOYMENT AND LABOR MIGRATION
ORDER
dated September 8, 2016 N 29
ON THE MAXIMUM DISTANCE OF A SUITABLE JOB FROM THE PLACE OF RESIDENCE OF CITIZENS REGISTERED FOR THE PURPOSE OF SEARCHING FOR A SUITABLE JOB AND UNEMPLOYED CITIZENS
1. Determine the maximum distance of a suitable job from the place of residence of citizens registered in order to search for a suitable job, and unemployed citizens if there are public transport routes or fixed-route taxis, the schedule of which ensures timely arrival at the place of work and the possibility of returning to the place of residence after completion of the work day (shift) no more than 1.5 hours (one way); for women with young children - 1 hour, for the disabled - 40 minutes.
2. Consider the proposed job suitable for citizens registered in order to find a suitable job, and unemployed citizens if the transport accessibility of the workplace is provided by the employer’s vehicle, which delivers employees to and from the place of work, or to public transport stops or a fixed-route taxi .
3. In the absence of public transport routes or fixed-route taxis, the schedule of which ensures timely arrival at the place of work and the possibility of returning to the place of residence after the end of the working day (shift), establish the maximum distance of a suitable job from the place of residence: - for citizens registered in in order to find a suitable job, and unemployed citizens - 5 kilometers (one way); - for citizens registered in order to find a suitable job, and unemployed citizens belonging to the categories of persons with disabilities or minors, no more than 1.5 km (one way) .
docs.cntd.ru/document/432997125

KEMEROVSK CITY COUNCIL OF PEOPLE'S DEPUTIES (second convocation, fifth meeting)
SOLUTION
dated June 26, 1998 N 61
ON THE MAXIMUM REMOTE OF A SUITABLE JOB FROM THE PLACE OF RESIDENCE OF UNEMPLOYED CITIZENS
Having considered the proposal of the Head of the city on the maximum distance of a suitable job from the place of residence of unemployed citizens, guided by Article 4 of the Law of the Russian Federation "On Employment in the Russian Federation", Article 25 of the Charter of the city of Kemerovo, taking into account the development of the public transport network in Kemerovo, the Kemerovo City Council of People's deputies decided:
1. Establish for a period until 01.01.99 that jobs located within the administrative boundaries of the city of Kemerovo are considered suitable work for unemployed citizens, taking into account transport accessibility.

What are the requirements for selecting a suitable job?

Such work is considered suitable, including temporary work, which corresponds to the professional suitability of the employee, taking into account the level of his qualifications, the conditions of the last place of work (with the exception of paid public works), health status, transport accessibility of the workplace (Article 4 of the Law of the Russian Federation of April 19 .1991 N 1032-1 "On employment in the Russian Federation", (hereinafter - Law N 1032-1).

Paid work, including temporary work and public works, requiring or not requiring (taking into account the age and other characteristics of citizens) preliminary training, that meets the requirements of labor legislation and other regulatory legal acts containing labor law norms, is considered suitable for citizens:

a) looking for a job for the first time (previously not working) and at the same time not having qualifications; dismissed more than once during the 1st year preceding the onset of unemployment, for violation of labor discipline or other guilty actions provided for by the legislation of the Russian Federation; who have ceased their individual entrepreneurial activities, who have left the members of a peasant (farm) economy in accordance with the procedure established by the legislation of the Russian Federation; those seeking to resume their labor activity after a long (more than 1 year) break, as well as those sent by the employment service for training and expelled for guilty actions;

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

c) registered with the employment service for more than 18 months, as well as more than 3 years not working;

d) applied to the employment service after the end of seasonal work.

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

b) working conditions do not comply with labor protection rules and regulations;

c) the proposed salary is lower than the average salary of a citizen, calculated for the last 3 months at the last place of work. This provision does not apply to citizens whose average monthly earnings exceeded the subsistence minimum for the able-bodied population (hereinafter referred to as the subsistence minimum), calculated in the constituent entity of the Russian Federation in the prescribed manner. In this case, a job cannot be considered suitable if the proposed salary is lower than the subsistence minimum calculated in the constituent entity of the Russian Federation in the prescribed manner.

The requirements for the selection of a suitable job (hereinafter referred to as the Requirements for the selection of a suitable job) are established by Decree of the Government of the Russian Federation of 07.09.2012 N 891. The requirements for the selection of a suitable job establish that the selection of a suitable job is carried out taking into account the profession (specialty), position, type of activity, level education and qualifications, work experience and skills, the amount of average earnings calculated over the last 3 months at the last place of work of a citizen, a conclusion on the recommended nature and working conditions, transport accessibility of the workplace, as well as the employer's requirements for the candidacy of the employee contained in the information on free jobs and vacancies.

When selecting a suitable job, the transport accessibility of the workplace is determined taking into account the maximum distance of a suitable job from the place of residence of registered citizens and unemployed citizens.

For registered citizens who have registered within 12 months after dismissal for any reason, work is considered suitable, including temporary work, which corresponds to the professional suitability of the employee, taking into account the level of his qualifications, the conditions of the last place of work (with the exception of paid public works ), the state of health of citizens and the transport accessibility of the workplace.

For registered citizens who are looking for a job for the first time (previously not working), having a profession (specialty), registered within 12 months after graduation from organizations engaged in educational activities, a job is considered suitable, including a job of a temporary nature that meets professions (specialties), taking into account the level of qualification, the state of health of citizens and the transport accessibility of the workplace.

Registered citizens who are looking for a job for the first time, who have not previously worked and at the same time do not have a profession (specialty), are issued no more than 2 offers of vocational training or referrals to paid work, including temporary work, requiring or not requiring (taking into account age and other characteristics citizens) preliminary training that meets the requirements of the labor legislation of the Russian Federation and other regulatory legal acts containing labor law norms.

When selecting a suitable job for registered citizens and unemployed citizens, it is not allowed:

a) offer the same job option twice, and for citizens who are looking for a job for the first time, have not previously worked and do not have a profession (specialty), offer the same option of vocational training or additional professional education twice;

b) sending to workplaces without taking into account the development of a public transport network that ensures transport accessibility of the workplace;

c) an offer of work that is associated with a change in the place of residence of citizens without their consent;

d) an offer of work, the working conditions of which do not comply with the rules and regulations on labor protection;

e) a job offer, the salary for which is lower than the average salary calculated for the last 3 months at the last place of work of citizens. For citizens whose average monthly earnings exceeded the subsistence level of the able-bodied population, calculated in the subject of the Russian Federation in accordance with the established procedure, work cannot be considered suitable if the proposed earnings are lower than the subsistence minimum calculated in the subject of the Russian Federation in accordance with the established procedure.

For registered citizens and unemployed citizens with several professions (specialties), the selection of a suitable job is carried out taking into account the available professions (specialties), qualification level, experience and work skills.

When a suitable job is offered to registered citizens and unemployed citizens, job referrals are issued. Candidates of citizens, if they agree to a suitable job, are agreed with employers. When referring people to potential employers at the labor exchange, no more than 2 job referrals should be issued at the same time.

unemployed able-bodied citizens are recognized who do not have a job and earnings, are registered with the employment service in order to find a suitable job, are looking for a job and are ready to start it. At the same time, payments of severance pay and retained average earnings to citizens dismissed in connection with the liquidation of an organization or the termination of activity by an individual entrepreneur, a reduction in the number or staff of employees of an organization, an individual entrepreneur, are not taken into account as earnings.

The legal status of the unemployed is a set of his rights and obligations. In ch. II of the Employment Law defines a list of basic (statutory) rights of the unemployed, for some of them, as well as obligations, are enshrined in other chapters (for example, the right to unemployment benefits).

So, the unemployed has the right:

  • - to choose a place of work by directly contacting the employer, or through the free mediation of the employment service, or with the help of other organizations to assist in the employment of the population;
  • - free consultation and free receipt of information and services related to vocational guidance in the employment service in order to choose the field of activity (profession), employment, the possibility of passing vocational training and obtaining additional professional education;
  • - free receipt of services to assist in moving and resettlement to another area for employment, psychological support, vocational training and additional professional education in the direction of the employment service;
  • - free medical examination when sent by the employment service to undergo vocational training or receive additional professional education;
  • - independent search for work and employment outside the territory of the Russian Federation;
  • - appeal against the decision, actions or inaction of the bodies of the employment service and their officials to a higher body of the employment service, as well as to the court in the manner prescribed by the legislation of the Russian Federation;
  • - social support in the form of:
    • a) payment of unemployment benefits, including during the period of temporary disability;
    • b) payment of scholarships during the period of vocational training and additional professional education in the direction of the employment service, including during the period of temporary disability;
    • c) material assistance during the period of vocational training and additional professional education in the direction of the employment service, including in connection with the expiration of the established period for the payment of unemployment benefits;
    • d) a pension assigned at the suggestion of the employment service authorities for the period before the onset of the age giving the right to establish an old-age labor pension, including an early fixed old-age labor pension;
    • e) providing an opportunity to participate in paid public works.

The unemployed must:

  • – appear at the employment service for re-registration at least once a month;
  • - participate after a three-month period of unemployment in paid work or undergo training in the direction of the employment authorities (for persons specified in the law);
  • - appear for negotiations on employment with the employer within three days from the date of referral by the employment service;
  • - to come to the employment service to receive a job (study) referral;
  • - report to the employment service authority about self-employment, enrollment in full-time education, conscription for military service (fees);
  • - choose one of the options of a suitable job offered by the employment service.

When defining the concept of "unemployed" and in the process of finding work for citizens, in practice, difficulties may arise with its qualification as suitable and unsuitable. The Employment Act clearly regulates these types of work. The definition of "suitable work" is contained in Art. 4 of the Employment Act.

Suitable such work is considered, including work of a temporary nature, which corresponds to the professional suitability of the employee, taking into account the level of his professional training, the conditions of the last place of work (with the exception of paid public works), the state of health, the transport accessibility of the workplace. At the same time, the maximum distance of a suitable job from the place of residence of the unemployed is determined by the relevant body of the employment service, taking into account the development of the public transport network in the area.

Paid work, including temporary work and public works, requiring or not requiring (taking into account the age and other characteristics of citizens) preliminary training, which meets the requirements of the labor legislation of the Russian Federation, is considered suitable for citizens:

  • - for the first time looking for work, without a profession (specialty);
  • - dismissed more than once during one year preceding unemployment, for violation of labor discipline and other guilty actions specified in the legislation;
  • - previously engaged in labor activity and seeking to resume labor activity after a long (more than a year) break;
  • - sent by the employment authorities for training and expelled for guilty actions;
  • – those who refused to undergo vocational training or receive additional vocational education after the end of the first period of payment of unemployment benefits;
  • - registered with the employment authorities for more than one and a half years, as well as not working for more than three years;
  • - applied to the employment authorities after the end of seasonal work.

Not considered suitable work:

  • - if it is associated with a change of place of residence without the consent of the citizen;
  • - if the working conditions for the proposed work do not comply with the rules and regulations on labor protection;
  • – if the offered salary is lower than the average salary of the applicant at the last place of work. At the same time, the maximum limit of average earnings is limited by the subsistence level of the able-bodied population in a constituent entity of the Russian Federation.
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