In the article, we consider the categories of citizens who may be recognized as unemployed. Practically everyone in our country is engaged in personal or social activities that can bring him material wealth, pleasure. This action is called employment.
Job loss
There are categories of citizens who lose it and become unemployed, but this status, despite the absence of a permanent job, may not be given to everyone. We will try to figure out which people can be recognized as unemployed, and who can be denied this?
Definition of a concept
In Russia, the Law on Employment in the Russian Federation is in force. According to him, a working-age citizen who does not have regular income can be recognized as unemployed, he is registered with the employment service to search for new activities. This organization must make such a decision after 11 days from the date of the citizen's appeal with the necessary documents. Moreover, the status is not affected by the reason for leaving the previous place of work, the date of dismissal, as well as the time of appeal. So, what kind of people can be recognized as unemployed?
Who is considered unemployed?
Persons may be recognized as such if:
- They are able-bodied in accordance with their age and state of health, over 16 years old and do not receive pension payments.
- Citizens recognized in the prescribed manner unemployed do not have a constant financial income.
- They stand at the labor exchange in the community in search of the necessary work. If the citizen is a refugee or internally displaced person, then he is registered at the place of stay.
- Are in search of work and are ready to start it.
What rights does a recognized unemployed person have?
The state, according to the legislative framework, guarantees:
- to pay unemployment benefits, including for temporary disability;
- pay scholarships at the time of professional retraining, during advanced training or retraining in the specialty of employment service authorities, and during incapacity;
- provides an opportunity to participate in funded public works;
- reimburse costs associated with voluntary relocation to another region for employment in the direction of the Employment Center.
Experience
While on the labor exchange, the seniority is not interrupted and the payment of insurance premiums, which are important for calculating the retirement pension, is counted.
According to the legal status of the unemployed, a citizen can receive vocational training, advanced training and retraining completely free of charge.
Who will not be assigned unemployed status?
The peculiarity of our legislation is that citizens who fall into certain categories cannot be recognized as unemployed. Who will be denied employment center?
- Persons under the age of 16. If a citizen earlier contacted the structure for registration, he will be refused, since employment at an early age is not considered a necessity. But at the age of 16, a person is already finishing school and may well find a job with low qualifications.
- People of retirement age. In 2019, amendments to the pension law enter into force, and the age of citizens for retirement has increased, now it is 60 years for women and 65 years for men. From this moment, compulsory employment is not necessary. In this case, citizens can be offered a certain list of state social benefits and benefits.This category also includes the appointment of retirement benefits for years of service.
What other citizens can not be recognized as unemployed?
- If a person has refused the offered vacancies for 10 days more than 2 times. When a person is registered with the employment service to search for the necessary job, he is selected for vacancies according to his education and qualifications. Then he is offered employment options, and the list may include temporary vacancies. If a citizen refuses the proposed options more than two times, then the unemployed status is removed from him.
- If a person without education and work experience applied to the labor exchange, then he will be given employment options or professional retraining. In the event of two failures, he is also no longer considered unemployed. A person applying for work cannot be offered the same position, retraining or advanced training in the same specialties or positions. It’s better not to give up even a temporary job.
- If he is not without good reason within ten days from the date of registration, and also misses the deadline for awarding unemployed status, then he loses this opportunity. Since registration requires constant visits to specialists of the Employment Center.
- If a person is sentenced by a court decision according to which he must perform corrective labor, he can be both deprived of his liberty and free.
- In the case of the submission of documents that contained deliberately false information about the lack of work and receipt of funds, as well as other dubious information for recognizing a citizen as unemployed.
- When a citizen performs work under an employment contract, including for material payments for a full time job or 0.5 rate, and also has other sponsored work (seasonal or temporary). Community service is not an excuse for being unemployed.
- The presence of entrepreneurial activity will not allow a citizen to be considered unemployed.
- In the case of involving a person to work in the auxiliary field and to sell products under a contract.
- Performs work under a service agreement, where the subject is the performance of a certain type of work (including an agreement with an individual entrepreneur, various copyright agreements, as well as if he is a member of a production cooperative).
- In a situation where a citizen was elected, appointed or approved for a paid position.
- People who undergo military service, alternative civilian service, and also serve in the police department, fire departments, and the Federal Penitentiary Service.
- A citizen who undergoes full-time study in various institutions of general education, professional, including training in the specialty of the federal state employment service.
- Temporarily absent citizen in the workplace, due to disability; vacation; retraining or advanced training; suspension of production caused by a strike; conscription for military training; attraction to an event related to preparation for military service; fulfillment of other public duties or other valid reasons.
- Citizen who is the founder of the organization. This category does not include: public and religious organizations or associations, charitable and other foundations, associations of legal entities, as well as associations and unions that do not have property rights in relation to these organizations.
How to appeal the decision of the Employment Center?
So, we found out that citizens who have reached 16 years of age can be recognized as unemployed. If you have been denied the status, you have every right to appeal against an unlawful decision or action of employees of bodies that are called upon to fight unemployment.
Appeal methods
To do this, there are two ways to appeal: appeal to a higher structure or to the judiciary. You yourself can determine which authority to apply to. Any refusal to accept the appeal is considered illegal.
- If you have chosen judicial protection, then you need to consider that from the moment the violation of your rights has come, 3 months should not pass. If before that you applied with a written complaint to a higher authority, then the period should not exceed 1 month. Patience and time, and most often money to pay for the work of a qualified lawyer, are required to participate in litigation.
- Therefore, an alternative would be to contact the prosecutor’s office, which will conduct an audit, and, if necessary, initiate a lawsuit or oblige the employment service to correct the mistake. You can draw up an appeal both at a personal reception, and send it in writing.
Conclusion
We examined which citizens can be recognized as unemployed. In our country this problem is acute. In this area, they are trying to apply various measures to resolve the issue. It is important to reduce the percentage of unemployed people who need stable income as soon as possible.