We can talk endlessly about the role of state organizations whose activities are aimed at providing social protection to citizens who find themselves in difficult life situations. At the same time, with the actual implementation of active programs to promote employment, it is important to note that, unfortunately, not all of them give the expected results. The reason for this may be a shortage of regional financing, and a rapid increase in arrears in the payment of benefits, and a narrowing range of services provided by the relevant services. In addition, often contradictions arise in determining the legal status of the unemployed.
Who is considered unemployed in our country?
To assign a citizen to the appropriate category requires several requirements established by law. At first glance, it might seem that they are all simple, and therefore anyone who fulfills a minimum of conditions will be able to acquire the legal status of an unemployed. The procedure for recognizing citizens as unemployed is an effective legal mechanism that makes it possible to distinguish between those who really need state assistance and those who are not going to work, but only plan to profit from “light” budget funds. 
To get the right to financial support from the state has every chance a citizen who:
- is able-bodied person;
- has no sources of cash;
- ready to start work suitable for his qualifications and professional skills;
- registered as a person seeking the appropriate occupation.
Disability is an important criterion
Briefly explain the meaning of individual items from the above. So that you can better understand the concepts of disability and the legal status of the unemployed, describe them first from a medical and legal point of view. So, there can be no prerequisites for the recognition of a citizen who does not have official employment until he reaches the 16th birthday. At the same time, nothing prevents entrepreneurship or wage labor. To date, the Labor Code of the Russian Federation permits the employment of persons who have reached the age of 15, and in some cases, subject to additional conditions, of 14-year-olds.
The restriction also applies to the upper limits of working age: for women it is 55 years old, for men - 60 years old. Upon reaching these age limits, citizens acquire the right to state pension provision. At the same time, this rule also has its own exceptions (reduction of the retirement age on preferential terms, long service, etc.). A disabled person of the first or second group will not be able to acquire the legal status of an unemployed if there is no corresponding recommendation from a specialized commission of the VTEC, as well as a citizen sentenced to perform corrective labor or serving a sentence in prison.
In what cases can not be registered at the labor exchange?
Persons with earnings, a certain income, will not be able to take advantage of this state support. In the context of the legal status of the unemployed, the concept of employment refers to the unlawful legitimate activities of citizens that generate income - earnings. It can be carried out on the basis of a labor contract, an agreement on membership in collective societies, civil transactions or registration of an individual as an entrepreneur.
Employment is a way of satisfying a person’s personal and social needs. Citizens who are recognized by law as employed or part-time do not have the opportunity to use the state services of the employment service. These include the following categories of persons:
- occupying a paid position, elected or approved by a job order;
- military men serving in the army or structures of the Ministry of Internal Affairs;
- students of general educational, professional, technical or higher educational institutions.
Grounds for canceling unemployment status
In case of concealment of data, communication of incorrect information about themselves and their work, employees of the employment service have the right to cancel the legal status of the unemployed in the Russian Federation. For example, the situation is this: a certain citizen decided to try himself as an entrepreneur. But something went wrong, his favorite business did not bring profit, and he, without hesitation for a long time and considering himself unemployed, decided to go to the employment service to register and receive cash benefits. After some time, the citizen received a notice that all unemployment benefits were canceled. In addition, he was deprived of the status of a person who does not have official employment, and they are threatening to file a court application with the arbitration for fraud, since he received benefits for a specific period and was officially registered as an entrepreneur.
At the same time, the concept and legal status of the unemployed include a set of citizen responsibilities. Without their fulfillment, the employment service authorities are authorized to remove the applicant from the register and withdraw benefits. The most important of them are:
- periodic and timely re-registration at the labor exchange;
- the obligation to respond to the proposed vacancies, job directions or professional retraining;
- the requirement of the employment service about the need for direct negotiations with a potential employer about employment.
What rights does an unemployed citizen have?
Briefly describe the legal status of the unemployed, referring to the law of the Russian Federation “On Employment in the Russian Federation”. It contains the basic guarantees of labor rights of this category of persons, which include:
- choose from at least two options for suitable work;
- to undergo additional vocational training, retraining, qualification certification in the presence of a direction from the employment service;
- receive cash benefits only if there is no occupation suitable for a particular occupation;
- in addition to unemployment benefits, citizens are promised to compensate for the additional financial costs associated with training, moving to another location for a new job;
- undergo free medical examinations and examinations;
- if necessary, seek assistance from the employment service to conclude a fixed-term employment contract.
What difficulties arise when entering the labor exchange?
Unfortunately, in practice, most people applying for help to the employment service authorities face reluctance of officials to respect the legal status of an unemployed citizen. Recognition of it as such implies the execution of a series of additional bureaucratic procedures by government employees, and this is a waste of time and budgetary funds. 
Faced with the reluctance of officials to fulfill their duties to the full extent, an unemployed citizen should contact a human rights organization, such as a trade union.
Are unemployment benefits paid by the state?
As for unemployment benefits, all persons registered in the registry of the employment service as unemployed can apply for it.This category includes persons dismissed from their previous place of work for various reasons, and those who are first in search of a suitable job. The decision on the purpose of payments is made by the employment service during the registration of a citizen as unemployed and the acquisition of the corresponding status.
How to calculate the amount of benefits?
Information on the amount of unemployment benefits and the procedure for its payments is easy to find information in the previously mentioned federal law. The amount of cash payment is determined by the following formulas:
- If the applicant was dismissed from his main place of work during the year preceding unemployment, the amount of the benefit is determined as a percentage of the average wage for the last 90 days at the last place of work.
- If a citizen acquired the legal status of an unemployed person without any seniority, or decided to resume working after a break of more than 12 calendar months, the amount of his cash benefit will depend directly on the subsistence minimum valid within a specific region of Russia.
- Citizens who have no more than 12 months of break in work, and quit law enforcement officers, military personnel will be able to receive payments in the amount of 75 percent of the average salary for three months of being registered with unemployment, and 60 percent in the next 4 months, and then - no more than 45 percent.
In addition, a person with a socio-legal status of unemployed is not given the opportunity to receive benefits, the value of which will prevail over the amount of the subsistence level in a particular federal subject. Moreover, payments cannot be less than a third of the same cost of living.
In the absence of employment for a year and a half from the moment of acquiring the legal status of an unemployed, the applicant may apply for an extension of state assistance in the form of benefits. However, in this case, its size should not exceed 30 percent of the subsistence minimum fixed in the region and should not be lower than 100 rubles.
An interesting fact: the researchers came to the conclusion that in some countries state support for the unemployed allows citizens to provide at least a decent standard of living in comparison with permanent employment. For example, in Finland, the amount of benefits is practically equal to the average wage in the region.
The principle of selection of vacancies for the unemployed
Of particular note is the definition of “suitable work”. Since it is he who belongs to the list of key terms in the field of employment. It is the presence of a suitable vacancy or its absence that depends on whether the unemployed will be able to maintain his status, the amount of benefits received by him, and more. This category includes job offers received by the applicant from the inspector of the employment service and corresponding to:
- Qualification level, labor skills and vocational training. So, an unemployed accountant will not be offered the work of a bricklayer or a watchman. At the same time, an economist’s vacancy may become suitable for such a specialist, provided that he undergo additional training courses, re-certification.
- Conditions of previous employment. First of all, the criterion implies a sufficient level of remuneration that does not go against the size of the salary in the same workplace.
- Physical and mental health. To occupy a particular position, a citizen should not have contraindications.
- The territorial availability of the workplace. Given that at the legislative level there is no clear definition of “transport accessibility” or “maximum remoteness” of a potential workplace, local governments set the maximum distance and the maximum allowable travel time. In many respects, it depends on the development of transport interchange in the relevant area.
Unskilled work
Speaking about the procedure for recognizing the unemployed and the legal status of the unemployed, it is worth noting that a citizen automatically loses the appropriate state support from the moment of official employment.If the workplace proposed by the employment service authorities meets all of the above conditions, regardless of whether the work is temporary, seasonal or permanent, it is deemed suitable. The applicant’s refusal of two such offers deprives him of the legal status of an unemployed. Other vacancies may be offered to citizens. The main thing is that they do not contradict the requirements of regulatory legal acts of labor law. This category includes unemployed people who:
- do not have seniority;
- did not receive special education (professional, technical, higher);
- during the year preceding the application for the acquisition of the legal status of an unemployed, they were repeatedly dismissed;
- previously carried out business activities;
- wish to resume work after a 12-month break;
- received a referral from the employment service for training, but were expelled for disciplinary offenses.
In addition, one that cannot be considered a suitable job is one that involves a change of place of residence or involves receiving a wage that does not reach a living wage, and the working conditions themselves do not meet legal requirements.
At the official level, unemployment is recognized as an inevitable socio-economic phenomenon in a number of modern states. In our country, the legal status of unemployed citizens implies the right of the unemployed to carry out productive, freely chosen activities. Its implementation is facilitated by the assistance of the state in finding a suitable job, providing financial assistance for the period of unemployment, vocational training in relevant areas and much more.