An unemployed person is an able-bodied citizen who currently does not have work and earnings, is registered in the employment service, is in search of a suitable job for himself, that is, he is ready to start it at any time, but there are certain nuances that prevent this. In this article, we will examine in detail the concept of unemployed. The procedure for recognizing citizens as unemployed is carried out in accordance with the law of the Russian Federation “On the employment of the population”. At the same time, other nuances are taken into account. In our unpredictable world, many issues have to be delegated to local or state authorities. How is this process going, we will try to find out today.
What confirms the fact of human unemployment?
The decision on the procedure for recognizing a citizen as unemployed and the legal status of the unemployed shall be taken by the employment service authorities at the place of residence no later than eleven days from the date of submission of the following papers:
- passports
- labor book;
- diploma of higher or secondary education;
- income statements for the last three months at work;
- for people who are looking for their first job (they have never worked before) or do not have a profession, they need a passport and a document on education.
It is necessary to collect a package of documents in full. If one of them is not enough, then registration may be refused. If the employment exchange cannot provide suitable work within 10 days from the date of registration, then such citizens are recognized as unemployed from the first day of the submission of documents. The decision to recognize the disabled as unemployed is entrusted to the employment service by law. We will try further to determine the procedure and conditions for recognizing a citizen unemployed in all other cases. Also, the article will resolve some issues regarding cash payments, amounts and accrual procedures.
Category of citizens who are not assigned unemployment status
The procedure and conditions for recognizing a citizen as unemployed do not apply to the following categories:
- persons under the age of 16;
- persons who receive old-age pension (age) or for seniority;
- a category that has refused two proposed options for relevant work within 10 days from the date of registration with the employment service, including offers of temporary work;
- the category of citizens who, in search of their first job (did not work previously), do not have a profession (specialty) and refuse two offers of professional training, or refuse paid work, including temporary employment;
- a category of persons who is not within 10 days without a valid reason from the moment of registration to consider proposals for suitable work;
- a category of citizens who is not within the period established by the bodies of employment services in order to register them as persons without work;
- those who, by a court decision, are convicted of corrective labor without imprisonment or with a sentence of imprisonment;
- those who provide deliberately false documents containing information about the lack of work and earnings or other inaccurate information for recognizing them unemployed.
After refusing to recognize a citizen as unemployed, you can contact the employment services again. After the moratorium, a period of one month must pass. How to determine the procedure for recognizing a citizen unemployed? About it further.
The procedure for registration of unemployed citizens
The existing procedure for registering people without work is regulated by a decree of the government of the country. Registration of non-working persons is carried out by the employment service in a certain sequence:
- initial registration of unemployed citizens;
- registration of unemployed persons to facilitate job search;
- registration of unemployed in recognition;
- re-registration of unemployed citizens.
At each stage of registration, the service conducts a separate account of citizens who are already recognized as unemployed.
Initial registration of unemployed citizens
Initial registration is carried out in order to take into account the total number of unemployed citizens who applied to the employment service at their place of residence to obtain the necessary information on assistance in the issue of employment without providing documents. At this stage, only the following information is entered in the registration sheet: Name, surname, address of residence, gender, age, education, profession (specialty), attitude to employment.
At such a consultation, citizens are provided with the following information:
- the position of the labor market in the area of interest;
- vacant work positions, salary and other issues on the terms of employment are discussed to select the desired vacancy;
- questions about how you can go through vocational training or retraining, as well as advanced training;
- registration rules for finding a suitable vacancy;
- questions about the law and responsibility in the field of protecting the population from unemployment.
Registration of unemployed persons in order to find a suitable job
Registration of unemployed citizens to find suitable vacancies for them is carried out by the employment service at the place of residence from the moment they apply with a full package of documents. From the day of registration, the applicant should be provided with, if possible, two options for vacancies, including temporary work. To facilitate employment, a citizen may be offered a plan for independent job search. Assistance in the search by the services is carried out at the expense of the information database with the current vacancies in the market.
Unemployed citizens who have registered in search of work, may also be invited to participate in community service, which, of course, will be paid. For each registered unemployed, a personal file is drawn up in recognition of a citizen. It makes the necessary entries about all the offers that are provided, including the search for suitable vacancies, data on the direction of employers for employment, data on the direction of vocational training and other activities related to finding a job, as well as on all consent and failures of citizens.
Registration of persons as unemployed citizens
Registration of people as unemployed is carried out by decision of the employment service, which is taken no later than eleven calendar days from the date of registration in order to find a vacancy (position) that is suitable. The registration date is the day when the employment exchange decided to recognize the citizen as unemployed. But this does not end there. You must regularly re-register.
Re-registration of unemployed citizens
An unemployed person, in respect of whom a decision has been made to recognize a citizen as unemployed, must be re-registered within the deadlines set by the employment service, but at least twice a month, and at least once a month in territories deemed tense from the point of view of the labor market. .
According to the Government Decree, citizens without work are obliged to promote their employment, to comply with the rules and procedures for registration and re-registration, to inform the employment service institution in a timely manner of an independent search and its results.
Unemployed citizens, their legal status
Citizens without work have a number of rights and obligations. The core of this status is the state guarantee of social support for the unemployed. Namely:
- regularly paid unemployment benefits, as well as during the temporary disability of a citizen;
- scholarships are paid during vocational training, advanced training or retraining at the initiative of employment services, as well as during temporary disability;
- reimbursed costs for voluntary relocation to another neighborhood for employment on the proposal of the employment exchange.
Obligations of the unemployed
At the same time, as already mentioned above, along with the rights and procedure for recognition, an unemployed citizen must:
- timely and on time to re-register with the employment service;
- Attend the labor exchange in a timely manner to get a job or study;
- when you are sent to negotiations with the employer on time to come.
Unemployment benefits
These payments are a common type of state support for citizens who are in search of work. If a person can count on other social benefits from the state only if certain conditions are met, then almost everyone has the right to this support, in relation to whom a decision was made on the procedure for recognizing a citizen as unemployed. However, do not forget that the period of such payments is not unlimited.
The amount of monthly payments depends on the period during which the person did not work, as well as on whether the citizen worked before applying to the labor exchange. Categories of citizens who were dismissed from organizations on any basis during the year preceding the start of unemployment, unemployment benefits are calculated as follows:
- in the first 3 months without work - 75% of the average monthly income that a citizen received at his last job;
- in the next 4 months - at a rate of 60%;
- further months - at a rate of 45%.
There is a certain reason for this. Man must not be inactive. He needs to look for a new job. The sooner he settles in, the faster his financial situation will be restored. While the first three months last, it is quite possible to find a job.
Unemployment Benefit Limitations
The total amount of benefits in all cases of payments cannot exceed the cost of living and be less than 20% of this value. The duration of the benefit payment period, as a rule, does not exceed 12 months, and in the total charge - 18 months. In situations where a suitable job has not been provided for 18 calendar months, the unemployed can rely on re-benefits, only at the rate of twenty percent of the cost of living. After a citizen (by recognition - unemployed) is employed in accordance with the law of the Russian Federation, the payment of benefits ceases. And also at the same time that payments are stopped, the citizen is deregistered in the employment service.