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LAW OF THE RUSSIAN FEDERATION

of April 19, 1991 No. 1032-1

About employment of the population in the Russian Federation

(as amended on 03-10-2018)

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;

studying full-time in the organizations performing educational activities including 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 are not considered dismissal wage payment and the kept average earnings 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.

The order of registration of jobless citizens, order of registration of citizens for the purpose of search of suitable work and the requirement to matching of suitable work are established by the Government of the Russian Federation.

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 presentation to bodies of employment service of the passport, the service record or documents replacing them, the documents certifying its qualification, certificates of average earnings for the last three months on the last place of employment (service), and for for the first time looking for work (earlier not working), not having qualification of the passport and the education document and (or) about qualification.

In case of submission of the certificate of average earnings for the last three months on the last place of employment (service) in foreign currency bodies of employment service make transfer of foreign currency in rubles on the official rate established on the date of dismissal of the citizen.

In case of impossibility of provision by bodies of employment service of suitable work to citizens within 10 days from the date of their registration for the purpose of search of suitable work these citizens are recognized jobless from the first day of presentation of the specified documents.

The citizen belonging to the category of disabled people for the solution of question of recognition by his unemployed in addition shows the individual program of rehabilitation of the disabled person issued in accordance with the established procedure and containing the conclusion about recommended nature and working conditions.

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;

not been without valid excuse within 10 days from the date of their registration for the purpose of search of suitable work in the bodies of employment service for the offer it suitable work and also which did not be in time, established by bodies of employment service for their registration as the unemployed;

convicts by a court decision to corrective works, and also to custodial sanction; 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. Citizens to whom it is in accordance with the established procedure refused recognition by their unemployed have the right to the repeated appeal to bodies of employment service in one month from the date of refusal for the solution of question of recognition by their unemployed.

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.

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, and also more than three years which were not working 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 estimated for the last three months on the last place of employment (service). This provision does not extend to citizens whose average monthly 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 as 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 20 years, having secondary professional education and looking for work for the first time);

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;

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;

creation of conditions 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;

international cooperation in the problem resolution of employment of the population, including the questions connected with labor activity of citizens of the Russian Federation outside the territory of the Russian Federation and foreign citizens in the territory of the Russian Federation, observance of the international labor standards;

creation of conditions for development of the non-state organizations performing activities for assistance in employment of citizens and (or) matching of workers including private employment agencies, and also for interaction and cooperation of such organizations with bodies of employment service.

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