Employment today belongs to the most important socio-economic categories. It is primarily associated with the exercise of the human right to freely dispose of one’s own abilities for work and the choice of a type of activity, and therefore, a profession. However, not all people have the opportunity to exercise this right. Who is considered unemployed by law Russian Federation? Such an interesting question is devoted to this article. Initially, of course, you should find out who can be included in the number of unemployed.
Concept of unemployed
In accordance with paragraph one of Article three of the Law "On Employment in the Russian Federation", people are considered unemployed if they able-bodied, but do not engage in some labor activity and, accordingly, do not receive wages. Nevertheless, they purposefully look for work for themselves and wish to start it as soon as possible. This fact is the reason for their registration with the employment service. In this way, citizens are considered unemployedwho are not busy. Therefore, the recognition of a person as employed completely deprives him of the opportunity to have unemployed status. If we rely on the above concept and its features, we can highlight some circumstances, the proven presence of which leads to the emergence of the right to recognize a person as unemployed.
Disability as a weighty argument
What category of population can be considered unemployed?? First, one way or another, he must be able to work. In accordance with paragraph three of Article three of the Law “On the Employment of the Population in the Russian Federation”, an individual has the ability to work when he reaches the age of sixteen. Thus, after sixteen years, a citizen is considered to be among the able-bodied population due to legislation regarding the employment issue.
By the way, that is precisely why, as a rule, an obligation is assigned to him, in accordance with which he should prove his own ability to work. Most know that article 63 of the Russian Labor Code establishes such a general age category for employment as sixteen years. It is worth adding that for certain groups of persons the age directly for admission to work in accordance with the article is reduced to fifteen or fourteen years. In addition, some categories may be involved in certain types of employment of a creative nature and up to the age of fourteen.
Thus, in some situations, the legislation recognizes persons who have reached the age of fifteen or fourteen, and sometimes have not reached the age of fourteen, as able-bodied. It is with respect to these persons that the Law “On Employment in the Russian Federation”, in that part where only individuals who have reached the age of sixteen are recognized as able-bodied, contradicts Article 63 of the Russian Labor Code, which allows certain circumstances to recognize the working age of fifteen and fourteen-year-olds, and sometimes those who have not yet reached the age of fourteen. Such a vivid contradiction is resolved by referring to article 63 of the Labor Code, which, in accordance with the requirements of article five, is given absolute priority over other federal laws in the field of labor (even before the Law on Employment in the Russian Federation).
Which citizens are considered unemployed? Due to the information presented in this chapter, able-bodied persons who have not reached the age of sixteen may express a requirement to recognize them as unemployed if other circumstances proving such an extensive legal concept are proved.
Lack of work
Under Russian law, it can be considered unemployed a person who does not have work and, consequently, earnings. In other words, an unemployed individual does not have the opportunity to be busy. Recognition of a person as employed speaks of his labor activity and, of course, the availability of wages, which completely excludes the possibility of classifying him as unemployed. So, citizens are considered unemployed, in the workbook of which there is no entry directly about employment. In addition, a certificate from the Pension Fund of the Russian Federation that there are no contributions that are paid directly to employed citizens may act as evidence supporting the analyzed circumstance.
Registration with the relevant authorities
Which person is considered unemployed? In addition to the above conditions, one more is important. So, among the circumstances that characterize the legal term of an unemployed citizen is registration with the relevant authorities. Any person is considered unemployed registered in the employment service in order to find a suitable labor activity for him and subsequently engage in it.
It is important to note here that the registration procedure for the unemployed is approved by the Decree of the Russian Government of 04.22.1997. It provides for two types of registration. The first is the initial registration of individuals who are left without work. The second is registration directly as unemployed. It is difficult not to notice that very interesting information follows from the legal term of an unemployed person: one of the varieties of registration in the state employment service is nothing more than registration in order to search for employment.
Who is considered unemployed?? The information presented in this chapter allows us to conclude that the presence of registration in relation to the unemployed population of a primary nature, one way or another, conflicts somewhat with paragraph one of article three of the Law on Employment in the Russian Federation, which clearly defines the term unemployed citizen. Moreover, from the definition of “registration of unemployed individuals of a primary nature”, we can conclude that a citizen is unemployed. This is exactly the case when unemployed are considered employed earlier and keen to do this at the given moment. It is important to note that the analyzed contradiction, in one way or another, is resolved in favor of using the clause of the first article of the third Law “On the employment of the population of the Russian Federation”. Why? The fact is that he is endowed with significant legal force in comparison with the Decree of the Russian Government, which is a normative legal act of a by-law nature.
additional information
Who is considered unemployed?? By virtue of the requirements specified in the previous chapter of the Law on Employment in the Russian Federation, employment services are obligated to register unemployed individuals so that the latter have the opportunity to find a suitable job. Paragraph seven of the Registration Procedure for the Unemployed Population lists the documentation required for the registration procedure for unemployed citizens whose main purpose of the operation is to seek employment. The documents directly below are:
- A certificate reflecting the average citizen's earnings (income statement or cash allowance) for a three-month period from the date of application.
- A document that serves as an identity card (usually a passport).
- Documentation confirming the seniority of a citizen (usually a labor book acts as her).
- Professional qualification papers.
If the fact that unemployed are considered employed previously (that is, they do not have a specialty (profession)), then such citizens must submit an identity document to the employment service authorities (usually, a passport plays the role of it), as well as documentation about education. So, to provide the listed securities, a previously non-working individual has an absolute right associated with registration with state employment service authorities in order to subsequently find a suitable job for himself. It is important to note that this state body, one way or another, has an obligation that corresponds to the presented right, by the mandatory need for such registration.
Willingness to work
Which person is considered unemployed? The fourth circumstance characterizing the legal term of the unemployed is the readiness of the individual to begin work suitable for him. In turn, a person’s refusal to realize the opportunity related to employment serves as a good reason for his deprivation of unemployed status. However, there is an exception. People are considered unemployed if they want to work, but the employment options that the public employment service offers them are not suitable for them. Thus, the endowment of a citizen with duties for suitable employment as a condition for his recognition as unemployed can in no case be considered as a violation of the principle that argues the free disposal of his own abilities to work. This provision is enshrined directly in article 37 of the Constitution of the Russian Federation.
Who is considered unemployed and can stand in the employment center? An individual is granted unemployed status when the relevant state bodies cannot offer him a suitable job. It is for this reason that he is deprived of the opportunity to receive cash for subsistence. It is important to add that a person’s refusal to work directly at a suitable place indicates the fulfillment by the employment service authorities of their own obligation related to the provision of an individual with suitable employment. Nevertheless, each person is entitled to refuse absolutely any place of work offered by the relevant state bodies, in other words, to freely dispose of their own abilities to carry out labor activities.
Additional Information
Who is considered unemployed?? In the process of answering this question, it should be remembered that the refusal to exercise the right related to employment cannot serve as a reason for the emergence of an obligation corresponding to this right. For example, the obligations that are enshrined in article 37 of the Constitution of the Russian Federation, directly on the payment of salaries. In addition, the obligation to register an individual with the aim of selecting suitable employment on the part of state employment service authorities also serves as a corresponding right related to the employment of a citizen at a suitable place of work. It is logical that the refusal to exercise this right entails the absolute absence of an obligation directly from the employment service to make the indicated registration.
Thus, the circumstance confirming the readiness of the individual to begin work suitable for him,as an attribute for recognizing this citizen as unemployed, it cannot be a restriction of his right to freely dispose directly of his own abilities to carry out labor activity. So, persons are considered unemployedwhose refusal to work in a suitable place does not have adverse consequences for them. So, employment, one way or another, is a right, and not an obligation. Nevertheless, it is worth remembering that the refusal of its implementation will not entail the emergence of obligations that correspond to this right.
No obstacles
Who is considered unemployed?? The fifth circumstance that characterizes the legal concept of an unemployed individual is absolute emptiness in terms of obstacles directly in order to recognize him unemployed. So, in paragraph three of article three of the Law “On Employment in the Russian Federation” an exhaustive list of conditions is presented, the evidence of which can serve as a reason for recognizing an individual as unemployed.
In accordance with this norm, a citizen cannot be recognized as unemployed if he has not reached the age of sixteen. As noted above, under article 63 of the Russian Labor Code, there are cases of recognition as able-bodied of certain categories of people who have not reached the given age. It is important to add that this is a good reason to give them unemployment status if necessary.
Individuals who receive old-age pension payments in accordance with Russian pension legislation cannot be considered unemployed. By the way, it doesn’t matter at all whether pensions are granted by age or by length of service. Even if these persons are not engaged in labor activities, they receive money from the state in the form of pension payments. So, the presented circumstance does not apply to the list of conditions that characterize the legal term of an unemployed citizen.
It is important to know!
It should be noted that a compelling reason for refusing to give a citizen unemployed status is, of course, the calculation of pension payments under federal law. Interestingly, the receipt of pensions under regional law is not a significant circumstance for the refusal to register a person as unemployed. The reason for such a refusal in accordance with paragraph three of Article third of the above Law is directly the individual's refusal within ten days from the date of registration with the relevant state bodies to find a suitable place of work from two options for suitable employment (including in respect of temporary jobs ) It is important to add that in the case of people who are looking for work for the first time and have not previously worked, the refusal to receive professional training or the paid work offered by the state is relevant (this also includes temporary work). A prerequisite is that the individual is forbidden to offer the same job or vocational training corresponding to the same profession twice.
The types of refusal listed above also indicate the exclusion of his desire to exercise the right to employment or training. Thus, there is no obligation corresponding to this right in terms of recognizing an individual as unemployed. A number of reasons for refusing to grant a citizen unemployed status include non-attendance by the state employment service authorities without good reason within ten days immediately from the date of registration so that the state can offer this person a suitable job.In addition, failure to appear within the time period established by the relevant state bodies for the procedure for registering an individual as unemployed should also be included here.
It is difficult not to notice that a person’s refusal to appear in state employment agencies without a good reason, if there are two options for a suitable place of work, is equivalent to an absolute lack of desire on his part to exercise the right to be directly employed. That is why the application of this reason to refuse to grant a citizen an unemployed status in no way contradicts the relevant legal term, although the failure to appear on the procedure for registering a citizen as unemployed in the absence of options in terms of a suitable place of work does not follow from the legal term of an unemployed individual as a reason for refusal to give it appropriate status. It is important to add that the rights and freedoms of the individual, including those related to the field of employment, are not limited through procedural legislation solely for formal reasons.
Is a student considered unemployed?
The final issue that will be appropriate to consider in this article is the inclusion of students and students in the unemployed population. So, in accordance with the Law of 04.19.1991 “On the employment of the population in the Russian Federation”, individuals who take full-time courses in public or private institutions of general education, as well as in institutions of vocational primary, secondary or higher education, including training directly in the field of service state-oriented employment are not unemployed.
