Transport accessibility for the population in the employment center. Is it legal to send an unemployed person to another city located in the same area? What is a suitable job

MINISTRY OF LABOR AND EMPLOYMENT OF THE POPULATION OF THE RYAZAN REGION

RESOLUTION

About the maximum distance suitable job from the place of residence of unemployed citizens and citizens registered in order to find suitable work

(as amended by the Decree of the MLSPP Ryazan region dated 19.01.2018 N 5)

In accordance with paragraph 2 of Article 4 of the Law Russian Federation dated 19.04.1991 N 1032-1 "On employment in the Russian Federation", paragraph 5 of the Requirements for the selection of suitable work, approved by Decree of the Government of the Russian Federation dated 07.09.2012 N 891 "On the procedure for registering citizens in order to find suitable work, registering unemployed citizens and requirements for the selection of a suitable job", By Decree of the Government of the Ryazan Region dated January 30, 2013 N 10 "On Approval of the Regulations on the Ministry of Labor and Employment of the Ryazan Region", the Ministry of Labor and Employment of the Ryazan Region decides:

1. Establish the maximum distance of a suitable job from the place of residence of unemployed citizens and citizens registered in order to search for a suitable job:

Within locality in the absence of a public transport network (without transport accessibility);

Within a radius of 5 km from the boundaries of the settlement without transport accessibility (with the exception of minors and citizens classified as disabled);

Within a radius of 30 km from the boundaries of the settlement, subject to the availability of regular public transport, ensuring timely arrival to and from the place of work.

2. Consider the proposed job as suitable for unemployed citizens and citizens registered in order to find a suitable job, if the transport accessibility of the workplace is ensured vehicle an employer who delivers employees to and from the place of work, or to public transport stops or fixed-route taxis.

3. The recommended maximum time of remoteness of suitable work from the place of residence of citizens in the presence of public transport routes or fixed-route taxis, the schedule of which ensures timely arrival at the place of work and the possibility of returning to the place of residence after the end of the working day (shift), should not exceed:

For unemployed citizens and citizens registered in order to find a suitable job - 1.5 hours (one way);

For citizens belonging to the category of disabled people (unless the recommendations of the individual rehabilitation or habilitation program for a disabled person contain other requirements for the transport accessibility of the workplace) and minor citizens - 1 hour (one way).

4. Control over the implementation of this resolution shall be entrusted to the Deputy Minister of Labor and social protection population of the Ryazan region A.A. Chetorkina.

Article 4 Suitable and inappropriate work

1. Suitable work is considered to be such work, including work of a temporary nature, which complies with professional suitability employee, taking into account the level of his vocational training, conditions of the last place of work (with the exception of paid public works), health status, transport accessibility of the workplace.

Information about changes: federal law No. 122-FZ of August 22, 2004 amended paragraph 2 of Article 4 of this Law with effect from January 1, 2005.

2. The maximum distance of a suitable job from the place of residence of the unemployed is determined by the employment service, taking into account the development of the public transport network in the area.

Information on changes: By Federal Law No. 367-FZ of December 27, 2009, paragraph 3 of Article 4 of this Law was amended with effect from January 1, 2010.

See the text of the paragraph in the previous edition

3. Paid work, including work of a temporary nature and public Works requiring or not requiring (taking into account the age and other characteristics of citizens) preliminary training that meets the requirements labor law and other regulatory legal acts containing labor law norms (hereinafter referred to as labor legislation), is considered suitable for citizens:

first job seekers(previously not working) and at the same time not having a profession (specialty); fired more than once during the one year preceding the onset of unemployment, for violation of labor discipline or other guilty actions provided for by the legislation of the Russian Federation; who have ceased their individual entrepreneurial activities, who have left the members of a peasant (farm) economy in accordance with the procedure established by the legislation of the Russian Federation; seeking to renew labor activity after a long (more than one year) break, as well as those sent by the employment service for training and expelled for guilty actions;

those who refused to improve (restore) their qualifications in their current profession (specialty), obtain a related profession or undergo retraining after the end of the first period of payment of unemployment benefits;

who have been registered with the employment service for more than 18 months, as well as those who have not worked for more than three years;

applied to the employment service after graduation seasonal work.

Information on changes: Federal Law No. 175-FZ of July 17, 1999 amended paragraph 4 of Article 4 of this Law, which shall enter into force on the day the Government of the Russian Federation establishes the value living wage in accordance with the Federal Law "On the subsistence minimum in the Russian Federation"

See the text of the paragraph in the previous edition

it is associated with a change of residence without the consent of the citizen;

working conditions do not comply with the rules and regulations on labor protection;

the offered earnings are lower than the average earnings of a citizen, calculated for the last three months at the last place of work. This provision does not apply to citizens whose average monthly earnings exceeded the subsistence minimum for the able-bodied population (hereinafter referred to as the subsistence minimum), calculated in the constituent entity of the Russian Federation in the prescribed manner. In this case, a job cannot be considered suitable if the proposed salary is lower than the subsistence minimum calculated in the constituent entity of the Russian Federation in the prescribed manner.

GUARANTEE: See comments on Article 4 of this Law

Information on changes: Federal Law No. 122-FZ of August 22, 2004 amended Article 5 of this Law, which shall enter into force on January 1, 2005.

See the text of the article in the previous edition

Decree of the Government of the Russian Federation of September 7, 2012 N 891 "On the procedure for registering citizens in order to find a suitable job, registering unemployed citizens and requirements for selecting a suitable job"

Requirements

to find the right job

1. This document defines the requirements for the selection of citizens,

registered for the purpose of finding a suitable job (hereinafter -

registered citizens), and unemployed citizens of suitable employment.

2. Finding suitable jobs for registered citizens and

unemployed citizens is carried out on the basis of information about free

workplaces and vacancies contained in the register

recipients public services in the area of ​​employment

employers.

3. The selection of a suitable job is carried out taking into account the profession

(specialty), position, type of activity, level of professional

training and qualifications, experience and work skills, the size of the average

earnings calculated for the last 3 months at the last place of work

transport accessibility of the workplace, as well as the requirements of the employer

to the candidacy of the employee contained in the information on free workers

places and vacancies.

4. Registered citizens who did not present when registering for

registration of documents confirming the professional

qualifications, level of professional training, experience and work skills,

in the field of employment - employers offer paid

work, including work of a temporary nature that does not require prior

training that meets the requirements of the labor legislation of the Russian

Federation and other regulatory legal acts containing labor standards

rights, taking into account the transport accessibility of the workplace, as well as

requirements of the employer to the candidacy of the employee contained in the information

about vacancies and vacancies.

5. When choosing a suitable job, the transport accessibility of the worker

location is determined taking into account the maximum distance of suitable work from

places of residence of registered citizens and unemployed citizens.

6. For registered citizens who have registered

within 12 months after dismissal for any reason, suitable

considered work, including work of a temporary nature, which

corresponds to the professional suitability of the employee, taking into account the level

vocational training, conditions of the last place of work (for

with the exception of paid public works), the state of health of citizens

and transport accessibility of the workplace.

7. For registered citizens looking for a job for the first time (not previously

working), having a profession (specialty), who have embarked on

registration within 12 months after graduation from

institutions of vocational education, suitable work is considered to be in

including work of a temporary nature, which corresponds to the profession

(specialty), taking into account the level of professional training, the state

health of citizens and transport accessibility of the workplace.

8. Registered citizens who are looking for a job for the first time have not previously

who worked and at the same time do not have a profession (specialty), is issued not

more than 2 offers of vocational training or referrals to

paid work, including work of a temporary nature requiring or

not requiring (taking into account the age and other characteristics of citizens)

preliminary training that meets the requirements of labor

legislation of the Russian Federation and other regulatory legal acts,

9. Paid work, including work of a temporary nature and

public works, requiring or not requiring (taking into account age and

other characteristics of citizens) preliminary training that meets

requirements of the labor legislation of the Russian Federation and other

normative legal acts containing labor law norms is considered

suitable for registered citizens and unemployed citizens:

a) laid off more than once during the year preceding

the beginning of unemployment, for violation of labor discipline or other perpetrators

actions provided for by the legislation of the Russian Federation;

b) terminated individual entrepreneurial and other

activities that came out of the members of the peasant (farm) economy in

the procedure established by the legislation of the Russian Federation;

c) seeking to resume employment after a long

(more than 1 year) break;

d) sent by state institutions of the employment service

population for training and expelled for guilty actions;

e) those who refused to improve (restore) their qualifications according to the existing

professions (specialties), get a related profession or pass

retraining after the end of the first benefit period

unemployment;

f) registered in state employment service institutions

population over 18 months;

g) who have not worked for more than 3 years;

h) applied to government agencies employment services

population after the end of seasonal work.

10. When selecting registered citizens and unemployed citizens

suitable work is not allowed:

a) offer the same job option twice, and for

citizens who are looking for work for the first time, who have not previously worked and at the same time do not have

professions (specialties), offering the same option

training twice;

b) referral to jobs without taking into account the development of the network

public transport, providing transport accessibility

workplace;

c) a job offer that involves a change of residence

citizens without their consent;

d) a job offer, the working conditions of which do not meet

rules and regulations on labor protection;

e) offer of a job, the salary for which is lower than the average salary,

calculated for the last 3 months at the last place of work of citizens.

For citizens whose average monthly earnings exceeded the value

subsistence minimum of the able-bodied population, calculated in the subject

Russian Federation in the prescribed manner, suitable cannot

the minimum calculated in the subject of the Russian Federation in the established

11. Registered citizens and unemployed citizens who have

several professions (specialties), selection of suitable work

is carried out taking into account the available professions (specialties), the level

professional training, experience and skills.

12. When offering a suitable job to registered citizens and

job referrals are issued to unemployed citizens. Candidates of citizens

if they agree to a suitable job, are agreed with

employers.

Registered citizens and unemployed citizens are issued no

13. In the absence of suitable work, registered citizens and

unemployed citizens, with their consent, may be offered:

a) referral to work in a related profession (specialty);

b) referral for participation in paid public works;

c) participation in job fairs and training jobs;

d) professional orientation in order to choose a field of activity

(professions), employment and vocational training;

e) sending unemployed citizens for temporary employment,

experiencing difficulties in finding a job, unemployed citizens aged from

18 to 20 years old from among the graduates of educational institutions of primary and

secondary vocational education, looking for a job for the first time.

14. Minor registered citizens over the age of 14

up to 18 years of age may be offered temporary employment in free from

study time.

15. Candidates of registered citizens and unemployed citizens in

if they agree to work in a related profession (specialty) or

participation in paid public works and temporary employment

agreed with employers.

Orlova, teacher primary school, turned to the employment service with a request to send her to retrain the profession of an accountant.

Which citizens and in what cases does the employment service send for retraining?

In paragraph 1 of Art. 4 of the Law of the Russian Federation "On Employment in the Russian Federation" gives the concept of a suitable job. Suitable work is considered to be such work, including temporary work, which corresponds to the professional suitability of the employee, taking into account the level of his professional training, the conditions of the last place of work (with the exception of paid public works), health status, and transport accessibility. In accordance with paragraph 4 of Art. 4 of the Law of the Russian Federation "On Employment in the Russian Federation", a job cannot be considered suitable if: 1) it is associated with a change of residence without the consent of a citizen; 2) working conditions do not comply with labor protection norms and rules; 3) the offered earnings are lower than the average earnings of a citizen, calculated for the last three months at the last place of work, except in cases where the average monthly earnings of a citizen exceeded the subsistence level of the able-bodied population in the corresponding subject of the Russian Federation. The foregoing allows us to highlight the following circumstances, the proof of which allows us to recognize the work offered to the citizen as suitable. Firstly, such a circumstance is the provision of work to a citizen that corresponds to the professional suitability of a citizen, taking into account the level of his professional training. That is, when providing work to a citizen, his current profession, as well as the skills of working in this profession, should be taken into account. When providing a suitable job, the professional skills of a citizen obtained at the last place of work are also taken into account.

Secondly, the proposed job must meet the conditions of the last place of work. In this regard, when offering a suitable job, the profession, position, specialty at the last place of work, the amount of wages received in an amount not exceeding the subsistence minimum in the territory of the corresponding subject of the Russian Federation should be taken into account.

From this rule an exception was made for the performance of public works, to which citizens can be involved without taking into account the conditions of the last place of work. Thirdly, the circumstance characterizing legal concept suitable work, is the compliance of the state of health of the citizen with the proposed conditions for future employment. A job that is contraindicated to a citizen for health reasons cannot be considered suitable. Fourthly, the circumstance included in the legal concept of a suitable job is the transport accessibility of the workplace offered to the citizen. Workplace, which is offered to a citizen as a suitable job, must be located in the same locality. The provision of work in another locality is associated with a change of residence. Therefore, the provision of work in another locality can be recognized as a suitable job only with the consent of the citizen. Such consent must be expressed in a simple written form. Within the limits of the settlement, the maximum distance of a suitable job from the place of residence of a citizen is determined by the relevant authority local government taking into account the development of the public transport network in the area. If the distance between the proposed work and the citizen's place of residence, established by the local self-government body, is exceeded, such work cannot be considered suitable. Fifth, the circumstance characterizing the legal concept of "suitable work" is the compliance of working conditions for the work offered to the citizen with the current requirements for labor protection. The proof of the above circumstances allows us to conclude that the job offered to the citizen is suitable for him. In the event of a dispute between a citizen and the employment service body regarding the work offered to the citizen, the obligation to prove the listed circumstances lies with the representatives of the relevant employment service body.

An exception was made from the considered rules for recognizing work as suitable. In accordance with paragraph 3 of Art. 4 of the Law of the Russian Federation "On Employment in the Russian Federation" paid work, including temporary work and public works, requiring or not requiring (taking into account the age and other characteristics of citizens) preliminary training that meets the requirements of the current legislation, is suitable for the following citizens: 1 ) looking for a job for the first time (who did not work before), who do not have a profession (specialty), were fired more than once during one year preceding the onset of unemployment, for violation of labor discipline and other guilty actions provided for by the legislation of the Russian Federation, engaged in entrepreneurial activity who seek to resume their labor activity after a long (more than one year) break, as well as those sent by the employment service for training and expelled for guilty actions; 2) those who refused to improve (restore) their qualifications in their current profession (specialty), obtain a related profession or undergo retraining after the end of the initial (12-month) period of unemployment; 3) who have been registered with the employment service for more than 18 months, as well as those who have not worked for more than three years; 4) who applied to the employment service after the end of seasonal work. However, the work offered to the listed citizens must comply with the requirements of the current labor legislation, as well as their state of health. The work proposed by him cannot be considered suitable if it is contraindicated for health reasons. The work offered to the listed citizens, in order to be recognized as suitable, must comply with established requirements transport accessibility. However, when providing the listed citizens with a suitable job, their professional skills, as well as the conditions of the last place of work, are not taken into account. Obviously, the question arises of the compliance of the listed restrictions on the rights of citizens with the requirements of Art. Art. 19, 55 of the Constitution of the Russian Federation, the decision of which falls within the jurisdiction of the Constitutional Court of the Russian Federation.

Textbook " labor law Russia" Mironov V.I.

According to the law "On Employment in the Russian Federation", when the employment service authorities decide on the issue of granting the status of unemployed to a citizen, one of the most important conditions is the impossibility of selecting a suitable job for him.

The fact is that the governments of many countries with market economy trying to develop different approaches to mitigation social consequences unemployment. One of these methods is a differentiated approach to the employment of the unemployed, the assignment of unemployment benefits to various groups of people. The unemployed person has the right, without prejudice to himself, to refuse the so-called unsuitable (for him) work offered to him, but he must not refuse the work offered to him suitable (for him) without negative consequences.

Thus, for a certain period of time, he retains himself in his professional, and hence in social group, staying on certain place V social hierarchy society. This allows the unemployed to feel more confident both materially and morally. As for the state, it retains the established social structure society, thereby preventing its degradation - a change in the direction of growth in the number of people belonging to the so-called lower classes of society, always dissatisfied with the conditions of their lives within the framework of the existing state system.

In international law, the legal term "suitable work" was first introduced by the Convention international organization Labor (ILO) "On benefits to persons who are unemployed due to circumstances beyond their control". The authors of this Convention proceeded from the fact that the use of the term "suitable work" is key in the system of assistance to the unemployed both in finding work for them and in paying unemployment benefits. In order to be eligible for benefits, unemployed citizens must be in a position in which it is impossible to find suitable work.

The term “suitable job” is also important for employers: the more the professional and qualification level of the employed unemployed corresponds to the profile and needs of the enterprise, the less is the employee turnover that is costly for employers. Even though the requirement for “suitable work” may in some cases result in an extension of the period of payment of benefits within the established maximum period, it justifies itself. At the same time, a slight increase in the time for finding a job will not only interfere, but will contribute to a more thorough selection of options for available vacancies and the selection of jobs that are more suitable for citizens, and in the future will help reduce staff turnover.

ILO Convention No. 44 indicates possible criteria for suitable work:

Þ possession of a profession, skills, abilities, education, professional experience;

Þ the location of the job offer, accounting for travel time to and from the job and the need to change residence;

Þ remuneration for work, working conditions;

Þ non-involvement in labor conflicts, etc.

However, due to socio-economic differences between countries, the criteria underlying the definition of “suitable work” also differ: somewhere they are “blurred” and may not be interpreted unambiguously and not always in favor of the unemployed; somewhere they are overly specific, trying to foresee all possible situations.

In accordance with Article 4 of the Law "On Employment in the Russian Federation", such work is considered suitable, including temporary work, which corresponds to:

Ö professional suitability of the employee, taking into account the level of his professional training;

Ö conditions of the last place of work (excluding paid public works);

Ö state of health;

Ö transport accessibility of the workplace.

Let's take a closer look at each of these conditions.

The professional suitability of an employee is determined, first of all, by the level of professional training and work experience. The main ways of vocational training are education in educational institutions of higher, secondary and primary vocational education, as well as vocational training at work or short courses. Professional education must be confirmed by an appropriate diploma (certificate) educational institution. Information about qualifying categories by working professions are recorded in work book. If a citizen has not worked for a long time in accordance with the existing professional education, it may be advisable to restore his qualifications.

If a citizen has a higher and secondary vocational education, the selection of a suitable job can be carried out in both professions, taking into account work experience in both one and the other profession. In order to more accurately determine the professional suitability of citizens when they are sent to the positions of employees, it is advisable to use qualifications contained in the tariff-qualification reference books. If a citizen has several working professions, a job search is carried out for each of them. If there are no vacancies corresponding to professional education, with the consent of the citizen, other options for work are offered.

Unfortunately, in Article 4 there is no clear explanation regarding the “conditions of the last place of work”, however, a number of legal scholars refer to them as wages at the last place of work: the job offered by the Employment Service cannot be considered suitable if the offered salary is lower than the average salary of a citizen calculated for the last three months at the last place of work (See Zhdanova I., Privalov V., Filatova L. Suitable and unsuitable work//Press analyst. Information and analytical bulletin/Monitoring of the socio-economic situation and the state of the labor market in St. Petersburg. - St. Petersburg, 2000. No. 1-2).

The average earnings at the last place of work includes, in general, a fixed part (for example, salary at staffing), and, in addition, allowances, bonuses and other payments. The proposed salary indicated in the employer's application often includes only a fixed part, which does not always reflect the amount of actual earnings that the applicant will receive. vacancy and, in some cases, may result in qualifying work being categorized as unsuitable. Along with this, the need for an unambiguous account, without any exceptions, of the average earnings often makes it impossible to select a suitable job for citizens with disabilities who have high average earnings before the establishment of disability.

When choosing a suitable job, it should be borne in mind that for citizens who took part in paid public works while they were registered with the employment service as unemployed, the amounts received for the work performed are not considered earnings at the last place of work.

Citizens whose average earnings exceeded the subsistence minimum calculated in the subject of the Russian Federation may be offered work with salary equal to the living wage.

Health status. If a citizen has restrictions on various types works for health reasons, then the selection of a suitable job is made taking into account the conclusion of the CEC of the polyclinic. For people with disabilities, only work that meets the recommendations specified in the ITU certificate and in the individual program for the rehabilitation of a disabled person is considered suitable.

Transport accessibility of the workplace. The maximum distance of a suitable job from the place of residence of the unemployed is determined by the relevant local government, taking into account the development of the public transport network in the area.

In addition, paid work, including temporary work and public works, requiring or not requiring (taking into account the age and other characteristics of citizens) preliminary training that meets the requirements of the labor legislation of the Russian Federation, is considered suitable for citizens:

¨ For the first time looking for a job (previously not working), not having a profession (specialty). The selection of a suitable job for this category of citizens is carried out taking into account the state of health and transport accessibility of the workplace.

¨ Those who refused to improve (restore) their qualifications in their current profession (specialty), get a related profession or undergo retraining after the end of the initial (12-month) period of unemployment, were fired more than once during one year preceding the onset of unemployment, for violation of labor discipline and others guilty actions provided for by the legislation of the Russian Federation, who were previously engaged in entrepreneurial activities, seeking to resume their labor activity after a long break, and also sent by the employment service bodies for training and expelled for guilty actions;

¨ registered with the employment service for more than 18 months, as well as more than three years not working;

¨ who applied to the employment service after the end of seasonal work.

The legislation also stipulates those situations in which work cannot be considered suitable for a citizen. This will not work if:

¨ it is associated with a change of residence without the consent of a citizen;

¨ working conditions do not comply with the rules and regulations on labor protection;

¨ the offered salary is lower than the average salary of a citizen, calculated for the last three months at the last place of work. This provision does not apply to citizens whose average monthly earnings exceeded the subsistence minimum for the able-bodied population (hereinafter referred to as the subsistence minimum), calculated in the constituent entity of the Russian Federation in the prescribed manner. In this case, a job cannot be considered suitable if the proposed salary is below the subsistence level calculated in the constituent entity of the Russian Federation in the prescribed manner.

What can be the maximum distance of a suitable job from the place of residence is established by the executive body of individual subjects of the Russian Federation. The maximum possible remoteness, first of all, depends on the specific settlement, because the level of development of its transport infrastructure, the number of population and other factors that affect transport accessibility are taken into account. It can be installed City Administration locality where the registration of a citizen is valid.

When selecting suitable vacancies, the transport accessibility of the workplace, as well as its maximum distance from work, is taken into account. According to general recommendations, the commute time should not exceed 90 minutes. For citizens who, based on the results of passing a medical and sanitary examination, were assigned a disability group, other standards have been developed regarding the transport accessibility of the place of work.

Important! The rules may be different if the employer provides employees with a vehicle. In this case, the delivery of personnel to the desired location must be provided in both directions.

• 90 minutes one way from residence for all citizens (general recommendation);
• 60 hours for minor citizens who have not reached the age of eighteen, as well as for women with children;
• 40 minutes for the disabled.

If there is no public or private transport by which the worker can get to the workplace (including fixed-route taxis), then the maximum distance between the place of residence of a citizen and his workplace cannot exceed 5 kilometers. If we are talking about the unemployed who are registered at the employment center to search for vacancies, then for them the boundary distance from the place of residence cannot exceed 1.5 kilometers.

The job offer is ineligible in one of the following cases:

• change of residence without obtaining the permission of the citizen himself (in some cases, the employer may offer the employee housing space for further employment, which must be provided for in the contract);
• working conditions, which include new vacancies, do not comply with the norms of Russian labor legislation (all working conditions must also be specified in the work contract);
• wage, which is offered to an employee at a new place, is less than the average monthly salary at his previous workplace.

With regard to the last point, wages for new job also cannot be less than the minimum wage established at the regional level or at the place of residence.

If an unemployed citizen presented to the labor exchange at the place of registration all Required documents, then in the absence of a suitable workplace after 10 days from the date of registration, the applicant receives the status of unemployed. In this case, a citizen can count on receiving unemployment benefits for six months before receiving new position in the area where he is registered. The employment center at the place of residence may offer workers to retrain. If a person does not want to work on the vacancies received and does not receive a new professional experience, then unemployment benefits will be terminated until re-registration.