Public works: concept, types, goals, role. Organization of public works

In the field of combating unemployment, it is necessary to note the special role of public works. They act as one of the common ways to attract citizens to socially useful work. The organization of public works has certain advantages over other methods of combating unemployment. First of all, the sums received by citizens thus employed are significantly higher than benefits. It is also important that the moral and psychological state of people performing community service is much better than those who are not at all busy. There is a certain benefit in this form of employment for enterprises. Funds are spent for specific socially useful activities that bring profit to the company. Let us further consider what are public works.

The concept

Any unemployed citizen has the opportunity to conclude a temporary (urgent) labor contract. It is for such people organization of public works. Enterprises, in turn, finance them at their own expense. Public works are types of activities that have a socially useful focus. They are intended for additional material support for unemployed citizens. Referral to community service is issued at employment centers. Such activity is determined by real social need.

Subjects

For its implementation usually does not require preliminary training, a special level of qualification, special skills. The executive bodies of the regions and municipalities are vested with the authority to create conditions for attracting citizens to public work. The right to participate in such activities are persons registered in employment centers and looking for work, as well as not registered in such services, but not employed.

The legislation provides for the preemptive opportunity to attract certain categories to this activity. In particular, citizens who are registered with the employment service for more than six months, unemployed people who do not receive benefits, are primarily sent to public works. In some regions, the list of entities that can be aimed at performing socially useful activities is wider than defined in Federal Law No. 1032-1. So, for example, under clause 7 of the Moscow Government Decree No. 53, internally displaced persons, refugees, people dismissed from the police department and military service, their relatives, students and others can be sent for community service. For them, the general rules apply, provided for other categories of citizens by law.

Activities

The procedure in accordance with which public works are carried out is determined in a regulation approved by the government in 1997. The directions of socially useful activity are quite clearly and thoroughly established in this document. In particular, the regulation defines the following types of public works:

1. Construction of roads, their maintenance and repair, laying of sewer, water, gas and other communication networks.
2. Implementation of agricultural land reclamation activities, work in the forestry industry.
3. Processing, procurement, storage of agricultural products.
4. Reconstruction, housing, socio-cultural facilities, restoration of historical, architectural monuments, conservation areas, complexes.
5. Passenger service in transport, work in the field of communications.
6. Housing and utilities and consumer services for citizens.
7. Landscaping and landscaping, development of tourism and recreation areas, forestry.
8. Providing care for the disabled, sick, elderly people.
9. Collection and processing of recyclables and waste.
10. Providing relaxation and recreation for children during the holidays, maintenance of resort and sanatorium zones.
11. Conducting social and cultural events (festivals, sports, censuses, etc.).
12. Other available socially useful activities.

Important points

It cannot act as paid public work on the elimination of the consequences of natural disasters, accidents, catastrophes and other emergency situations, for the implementation of which special training, qualification, and responsibility are necessary. Responsibilities for sending enterprises of unemployed citizens to local employment service departments. The same structures inform people who are registered with them about the types of public works, conditions, procedures, the mode of their implementation, monetary remuneration, and benefits. The service of sending persons to enterprises is provided free of charge.

Contract specifics

With persons who are sent to community service, the employer enters into an appropriate agreement. A citizen may terminate the contract ahead of schedule in case of temporary or permanent employment. The time during which the subject carried out socially useful activities will be counted into his seniority. An employment contract has a number of features. They are determined primarily by the specifics of the activity. A contract of this kind can be concluded only with those persons who are included in the list defined by law. At the same time, the federal divisions of the employment service conduct preliminary selection of personnel for the employer. In some cases, a candidate must have certain qualifications in order to carry out an activity.

Urgent nature of the contract

Community service is not permanent. They imply a certain temporary activity established by law. In Art. 59 TC stipulate cases when the employer may conclude a fixed-term employment contract. One of them is the design of working relations with persons aimed at performing socially useful activities by the employment service. The contract can be concluded both at the initiative of the employer, and at the proposal of the applicant. Due to the fact that the goals of public works are to provide temporary employment of the population, additional material support to individuals, the urgent nature of the contract is fully justified.

Nuances

It should be noted that the subject hired for community service is not deregistered and continues to receive benefits from the employment service. In addition, acting as a participant in labor relations, he can count on a monetary reward. However, the law provides for an exception. It consists in the fact that upon admission to public work the allowance is not paid to citizens for whom such activity is considered suitable. These persons include:

1. Previously not employed and without a profession.
2. Dismissed more than 1 time during the 1 year preceding the onset of unemployment for disciplinary and other violations.
3. Stopped acting as individual entrepreneurs.

Opportunities for employers and job seekers

To draw up a contract, a citizen provides a referral from the employment service. When issuing it, the authorized body must take into account the professional and age characteristics of the citizen, his state of health. In addition, the consent of the unemployed person to carry out specific activities is mandatory.When hiring, the subject submits, in addition to the direction, documents the list of which is defined in 65 shopping mall. The employer, in turn, must conclude a contract with the candidate.

However, as practice shows, in some cases, the employer refuses to hire a citizen. This can happen for several reasons. For example, the applicant is not suitable for the employer in their professional qualities. However, as indicated above, community service does not require special qualifications. In this regard, it appears that a tenant’s refusal would be contrary to the regulations. Refusal of employment may be appealed by the applicant or the employment service.

A citizen, in turn, may refuse to accept community service or not conclude an agreement. However, it should be remembered that for a number of categories such activity is considered by law to be suitable. Accordingly, consequences may occur. According to the provisions of the Law "On Employment", when you refuse 2 options for suitable activities, the employment service may suspend the payment of benefits for a period of up to 3 months.

Special cases

Having a certain experience of public work, a citizen can agree to an offer from the employment service, take a referral to an enterprise, but at the stage of negotiations refuse to formalize labor relations for reasons essential to him. How in this case to evaluate the actions of a person? Would his refusal be considered as not accepting a suitable job? The answers to these questions depend on specific circumstances. In particular, it is necessary to find out what exactly did not suit the citizen. It is possible that the conditions offered by the employer contradicted the Labor Code or were not agreed in advance with the employment service. In resolving the situation, the participation of the issuing authority is mandatory.

Key points in the contract

As in any other labor contract, the urgent agreement for the performance of public works should stipulate the basic conditions for the implementation of activities. These include, in particular, a description of the venue, their direct labor function, and also the period during which the citizen will be occupied. In the absence of coordination on the listed conditions, the labor contract will not be considered concluded. If the conditions are satisfied by both parties, they may stipulate additional clauses of the agreement. For example, a contract may include a trial period. If the result is unsatisfactory, the contract may be terminated under Art. 71 shopping mall.

However, it seems that the establishment of a trial period is impractical. As a rule, community service is assigned for a short period. If the activity is seasonal, probation cannot be more than 2 weeks. The remuneration of persons performing public works is made according to the general rules established by law. Citizens receive remuneration for actually performed activities. Moreover, its size cannot be less than the minimum wage. The employer is not entitled to change the key terms of the contract without the consent of the employee.

Agreement termination

Labor Relations can be terminated at the initiative of a citizen if he got a permanent or temporary job. The contract is executed voluntarily, on the same basis it can be terminated. The legislation, unfortunately, does not clearly set out the procedure for re-signing or terminating a contract. In general, the general rule applies in this case. In accordance with it, a dismissal order is issued. The fact of termination of activity is reflected in the work book.

Community service: punishment

The Criminal Code provides for various types of sanctions for crimes. One of them is community service.The punishment is executed at the place of residence of the convicted person at the facilities, which are determined by the administrative and administrative bodies in agreement with the criminal-executive inspection (UII). The subjects are involved in the activity no later than 15 days after the receipt of the relevant court order with a copy of the decision (sentence). The inspectorate keeps records of convicts, explains the conditions and the procedure for serving a sentence. In addition, the UII determines the activities that the entities will carry out, coordinates the list of objects with administrative and administrative bodies. The duties of the inspection also include ensuring control over the behavior of convicts, maintaining a total record of the time worked by them.

Key conditions

The implementation of public works is carried out at facilities designated for convicted persons within the time period established by the court. Persons performing activities are required to comply inner order rules at the enterprise, to conscientiously relate to the tasks assigned to them. In the event of a change of place of residence, convicts must notify the inspection. Subjects serving a sentence and receiving labor leave at the main enterprise are not exempted from public works. If during a socially beneficial activity, a person is given rest days due to the need to undergo training, for good family or personal reasons, it is suspended until the end of the vacation. The convict shall notify the inspection of this and submit supporting documents. If circumstances arise during the execution of public works, as defined in Part 4 of Art. 49 of the Criminal Code, UII sends to the court a submission on the release of the subject from the subsequent serving of the sentence.

Timing calculation

The period of punishment is determined in hours during which the person performed community service. Duration of employment cannot be longer:

• 4 hours on weekends and days on which the convict carries out professional activities at the main enterprise or undergoes training;
• 2 hours on business days before or after completion of studies / main activity, and at the request of the subject - 4 hours

The period of employment during the week may not be less than 20 hours. The time for minors to perform community service should not exceed 3 hours a day on those days when they do not study or do not perform labor duties at the main enterprise, and on other days - 2 hours. adolescent activity is allowed no more than 3 days a week. If there are good reasons, the UII may allow the convicted person to work less hours during the week.

Responsibilities of the enterprise administration

The head of the organization in which the convicts perform community service is entrusted with ensuring control of the subject's activities. In particular, the administration ensures that individuals carry out the activities that are specific to them. In addition, the enterprise management notifies the UII about the number of hours worked or about the evasion of convicts from work. In case of injury to the subject, which is associated with his production activities, he is entitled to compensation for harm in the manner prescribed by law.

Responsibility of convicts

The convicted person shall be recognized as maliciously evading public works:

1. Not appearing at the enterprise without a good reason more than 2 times after the warning during the entire term imputed to him.
2. Committed more than 2 times other misconduct.
3. Hidden to evade serving a sentence.

For entities maliciously evading the execution of the activity imputed to them, more stringent criminal sanctions are applied.