LAW OF THE RUSSIAN FEDERATION

of April 19, 1991 No. 1032-1

About employment of the population in the Russian Federation

This Law determines legal, economic and organizational basis of state policy of assistance of employment of the population, including guarantee of the state by realization of constitutional rights of citizens of the Russian Federation on work and social protection from unemployment.

Guarantees of the state are determined by realization of the rights of the citizens of the Russian Federation living beyond its limits by international treaties (agreements) of the Russian Federation.

Chapter I. General provisions

Article 1. Employment of citizens

1. Employment is the activities of citizens connected with satisfaction personal and public needs, which are not contradicting the legislation of the Russian Federation and bringing, as a rule, to them earnings, labor earnings (further - earnings).

2. Citizens possess exclusive right to dispose of the capabilities to productive, creative activity. Coercion in any form is not allowed to work if other is not provided by the law.

The unemployment of citizens cannot form the basis for attraction them to administrative and other responsibility.

Article 2. Busy citizens

Citizens are considered as busy:

working according to the employment contract, including performing work for remuneration on the terms of complete or part-time, and also having other paid work (service), including seasonal, temporary works, except for social jobs (except the citizens participating in social jobs and specified in Item 3 of article 4 of this Law) and implementation of powers of members of the electoral commissions, commissions of referendum with the right of casting vote not on permanent (regular) basis;

the lawyer offices, and other persons registered in accordance with the established procedure as individual entrepreneurs, and also the notaries who are engaged in private practice, lawyers, founded, whose professional activity according to the Federal Laws is subject to state registration and (or) licensing (further - individual entrepreneurs);

occupied in subsidiary trades and selling products under agreements;

the performing works on agreements of civil nature which objects are performance of works and rendering services, to author's agreements, and also being members of production cooperatives (artels);

the elite appointed or approved to paid position;

the passing military service, alternative civil service, and also service in law-enforcement bodies, the Public fire service, organizations and bodies of criminal executive system, bodies of forced execution of the Russian Federation;

studying full-time in the organizations performing educational activities, except for training in the direction of public service of employment of the population (further - bodies of employment service);

temporarily absent on workplace in connection with disability, leave, retraining, advanced training, the suspension of production caused by strike, appeal on military charges, attraction to the actions connected with preparation for military service (alternative civil service), execution of other state obligations or other reasonable excuses;

being founders (participants) of the organizations, except for founders (participants) of non-profit organizations which form of business does not assume the right of founders (participants) to income acquisition from activities of these organizations, including members of condominiums, and also members of the housing, building, garage cooperatives and other specialized consumer cooperatives created for the purpose of requirements satisfaction of citizens who do not gain income from their activities;

being members of peasant farm.

Article 3. Procedure and conditions of recognition of citizens by the unemployed

1. The unemployed able-bodied citizens who have no work and earnings are recognized, are registered in bodies of employment service for the purpose of search of suitable work, look for work and are ready to start it. At the same time as earnings employments and (or) immediate compensation to the citizens dismissed in connection with liquidation of the organization or the termination of activities by the individual entrepreneur, reducing number or staff of employees of the organization, the individual entrepreneur are not considered dismissal wage payment and average monthly earnings for the period.

The order of registration of jobless citizens, order of registration of citizens for the purpose of search of suitable work are established by the Government of the Russian Federation. The specified procedures contain including list necessary for document registration and (or) data.

2. The decision on recognition of the citizen registered for the purpose of search of suitable work the unemployed is accepted by bodies of employment service at the place of residence of the citizen no later than 11 days from the date of submission by the citizen of the statement for provision to it the state service in assistance in search of suitable work and in the presence in bodies of employment service of the documents and (or) data necessary for statement on registration accounting of the jobless citizen according to order of registration of jobless citizens. The specified application is submitted according to the procedure, stipulated in Item 3.1 articles 15 of this Law.

In case of impossibility of provision by bodies of employment service of suitable work to the citizen within 10 days from the date of its registration for the purpose of search of suitable work this citizen is recognized to the unemployed from the first day of submission of the specified statement by it and in the presence bodies of employment service of the documents and (or) data necessary for statement on registration accounting of the jobless citizen according to order of registration of jobless citizens.

Bodies of employment service request the documents and (or) data necessary for statement for registration accounting of jobless citizens and being at the disposal of the bodies providing the state services, bodies, providing municipal services, state non-budgetary funds, other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations, except for the documents included in No. 210-FZ determined by part 6 of article 7 of the Federal Law of July 27, 2010 "About the organization of provision of the state and municipal services" in the list of documents.

3. Citizens cannot be recognized as the unemployed:

not reached 16-year age;

which are in accordance with the legislation of the Russian Federation appointed insurance pension on old age (including ahead of schedule) and (or) funded pension, or pension, stipulated in Item 2 articles 32 of this Law, or old-age pension or for long service on the state provision of pensions;

the employment services which refused within 10 days from the date of their registration in bodies for the purpose of search of suitable work from two options of suitable work, including works of temporality, and for the first time looking for work (earlier not working) and at the same time not having qualifications - in case of two refusals of professional training or of the offered paid work, including work of temporality. The same work (professional training and additional professional education by the same profession, specialty) cannot be offered the citizen twice;

the employment services which did not send to bodies in time, established by order of registration of jobless citizens, electronically with use of the Single digital platform in the sphere of employment and employment relationships "Work in Russia" (further also - single digital platform) information on the choice of two options of suitable work or professional training;

the employment services which did not send to bodies in time, established by order of registration of jobless citizens, electronically with use of single digital platform information on day and results of negotiation with employers by two chosen options of suitable work or not provided in the cases provided by order of registration of jobless citizens, the direction with mark of the employer about appearance day of the citizen and cause of failure in employment in bodies of employment service;

not been without valid excuse in time, established by bodies of employment service, for their registration as the unemployed (except for disabled people of I and II groups with which interaction according to the procedure is performed, provided by the paragraph third Item 3.1 of article 15 of this Law);

convicts by a court decision to corrective works or forced labor, and also to custodial sanction if this penalty is not imposed conditionally;

the submitted documents which are containing obviously false data on lack of work and earnings and also provided other doubtful data for recognition by their unemployed;

listed in article 2 of this Law.

4. The citizens registered for the purpose of search of suitable work to which it is in accordance with the established procedure refused recognition by their unemployed and also the citizens who refused mediation of bodies of employment service in search of suitable work have the right to the repeated appeal to bodies of employment service for the solution of question of recognition by their unemployed in one month from the date of the corresponding refusal.

Article 4. Suitable and improper work

1. Such work, including work of temporality which corresponds to professional suitability of the worker taking into account the level of its qualification, to conditions of the last place of employment (service), except for paid social jobs, and also to the state of health, transport availability of workplace is considered suitable.

2. The maximum remoteness of suitable work from the residence of the unemployed is determined by bodies of employment service taking into account development of network of public transport in this area.

2.1. Requirements to matching of suitable work are established by the Government of the Russian Federation.

3. Paid work, including work of temporality and social jobs, requiring or not requiring (taking into account age and other features of citizens) preliminary preparation, meeting the requirements of the labor law and other regulatory legal acts containing regulations of labor right (further - the labor law), is considered suitable for citizens:

for the first time looking for work (earlier not working) and at the same time not having qualifications; dismissed more than once within one year preceding the beginning of unemployment for violation of labor discipline or other guilty actions, stipulated by the legislation the Russian Federation; stopped individual business activity, left members of peasant farm in the procedure established by the legislation of the Russian Federation; aiming to renew labor activity after long (more than one year) break, and also directed by bodies of employment service to training and deducted for guilty actions;

refused to undergo professional training or to get additional professional education after the end of the established allowance payment period on unemployment;

more than 12 months staying on the registry in bodies of employment service;

the seasonal works which addressed to bodies of employment service after the termination.

4. Work cannot be considered suitable if:

it is connected with change of the residence without the consent of the citizen;

working conditions do not meet rules and standards on labor protection;

the offered earnings are lower than average earnings of the citizen on the last place of employment (service) estimated according to the procedure, established by the Government of the Russian Federation. This provision does not extend to citizens whose above-stated average earnings exceeded the size of subsistence minimum of the able-bodied population (further - subsistence minimum) estimated in the subject of the Russian Federation in accordance with the established procedure. In this case work cannot be considered suitable if the offered earnings are lower than the size of the subsistence minimum estimated in the subject of the Russian Federation in accordance with the established procedure.

Article 5. State policy in the field of assistance of employment of the population

1. The state pursues policy of assistance of realization of the rights of citizens to the complete, productive and freely chosen employment.

2. State policy in the field of assistance of employment of the population is directed on:

development of manpower, increase in their mobility, protection of the national labor market;

providing equal opportunities to all citizens of the Russian Federation irrespective of nationality, sex, age, social position, political convictions and the relation to religion in realization of the right to voluntary labor and the free choice of employment;

creation of the conditions providing worthy life and free development of the person;

support of the labor and entrepreneurial initiative of citizens performed within legality, assistance to development of their capabilities to productive, creative activity;

implementation of the actions promoting employment of the citizens experiencing difficulties in job search (disabled people; persons exempted from the organizations performing custodial sanction; minors aged from 14 up to 18 years; citizens of pre-retirement age (within five years before the age granting the right to the insurance pension on old age including appointed ahead of schedule); refugees and displaced persons; the citizens discharged from military service and members of their families; the single and parents having many children raising minor children, handicapped children; the citizens who were affected by radiation owing to Chernobyl and other radiation accidents and catastrophic crashes; citizens aged from 18 up to 25 years, the having secondary professional education or the higher education and which are looking for work within year from date of issue it the education document and about qualification);

prevention mass and reducing long (more than one year) unemployment;

encouragement of the employers keeping acting and creating new workplaces first of all for the citizens experiencing difficulties in job search;

combination of efforts of participants of the labor market and coordination of their actions in case of implementation of actions for assistance of employment of the population;

coordination of activities in the field of employment of the population with activities for other directions of economic and social policy, including investment structural policy, regulation of growth and income distribution, the prevention of inflation, policy in education;

coordination of activities of state bodies, labor unions, other representative bodies of workers and employers in development and implementation of measures for employment of the population;

paragraph of ceased to be valid

creation of conditions for mobility of manpower between subjects of the Russian Federation, including for attraction of manpower by the subjects of the Russian Federation included in the list of subjects of the Russian Federation, attraction of manpower in which is priority;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info