unemployed able-bodied citizens are recognized who do not have a job and earnings, are registered with the employment service in order to find a suitable job, are looking for a job and are ready to start it. At the same time, payments of severance pay and retained average earnings to citizens dismissed in connection with the liquidation of an organization or the termination of activity by an individual entrepreneur, a reduction in the number or staff of employees of an organization, an individual entrepreneur, are not taken into account as earnings.

The legal status of the unemployed is a set of his rights and obligations. In ch. II of the Employment Law defines a list of basic (statutory) rights of the unemployed, for some of them, as well as obligations, are enshrined in other chapters (for example, the right to unemployment benefits).

So, the unemployed has the right:

• - to choose a place of work by directly contacting the employer, or through the free mediation of the employment service, or with the help of other organizations to assist in the employment of the population;
• - free consultation and free receipt of information and services related to vocational guidance in the employment service in order to choose the field of activity (profession), employment, the possibility of passing vocational training and obtaining additional professional education;
• - free receipt of services to assist in moving and resettlement to another area for employment, psychological support, vocational training and additional professional education in the direction of the employment service;
• - free medical examination when sent by the employment service to undergo vocational training or receive additional professional education;
• - independent search for work and employment outside the territory of the Russian Federation;
• - appeal against the decision, actions or inaction of the bodies of the employment service and their officials to a higher body of the employment service, as well as to the court in the manner prescribed by the legislation of the Russian Federation;
• - social support in the form of:
  • a) payment of unemployment benefits, including during the period of temporary disability;
  • b) payment of scholarships during the period of vocational training and additional professional education in the direction of the employment service, including during the period of temporary disability;
  • c) material assistance during the period of vocational training and additional vocational education in the direction of the employment service, including in connection with the expiration of the established period for the payment of unemployment benefits;
  • d) a pension assigned at the suggestion of the employment service authorities for the period before the onset of the age giving the right to establish an old-age labor pension, including an early fixed old-age labor pension;
  • e) providing an opportunity to participate in paid public works.

The unemployed must:

• – appear at the employment service for re-registration at least once a month;
• - participate after a three-month period of unemployment in paid work or undergo training in the direction of the employment authorities (for persons specified in the law);
• - appear for negotiations on employment with the employer within three days from the date of referral by the employment service;
• - to come to the employment service to receive a job (study) referral;
• - inform the employment service body about self-employment, admission to full-time training, conscription for military service (fees);
• - choose one of the options of a suitable job offered by the employment service.

When defining the concept of "unemployed" and in the process of finding work for citizens, in practice, difficulties may arise with its qualification as suitable and unsuitable. The Employment Act clearly regulates these types of work. The definition of "suitable work" is contained in Art. 4 of the Employment Act.

Suitable such work is considered, including work of a temporary nature, 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, transport accessibility of the workplace. At the same time, the maximum distance of a suitable job from the place of residence of the unemployed is determined by the relevant body of the employment service, taking into account the development of the public transport network in the area.

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

• - for the first time looking for work, without a profession (specialty);
• - dismissed more than once during one year preceding unemployment, for violation of labor discipline and other guilty actions specified in the legislation;
• - previously engaged in labor activity and seeking to resume labor activity after a long (more than a year) break;
• - sent by the employment authorities for training and expelled for guilty actions;
• – those who refused to undergo vocational training or receive additional vocational education after the end of the first period of payment of unemployment benefits;
• - registered with the employment authorities for more than one and a half years, as well as not working for more than three years;
• - applied to the employment authorities after the end of seasonal work.

Not considered suitable work:

• - if it is associated with a change of place of residence without the consent of the citizen;
• - if the working conditions for the proposed work do not comply with the rules and regulations on labor protection;
• – if the offered salary is lower than the average salary of the applicant at the last place of work. At the same time, the maximum limit of average earnings is limited by the subsistence level of the able-bodied population in a constituent entity of the Russian Federation.

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.

An exception is made from this rule for the performance of public works, in which citizens can be involved without taking into account the conditions of the last place of work. Thirdly, the circumstance that characterizes the legal concept of a suitable job is the correspondence of the state of health of a citizen to the proposed conditions for future labor activity. 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. The workplace that 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 boundaries of the settlement, the maximum distance of a suitable job from the place of residence of a citizen is determined by the relevant local government, taking into account the development of the public transport network in the area. If the standards of remoteness of the proposed work from the place of residence of a citizen, established by the local government, are 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 agency regarding the work offered to the citizen, the obligation to prove the listed circumstances lies with the representatives of the relevant agency of the employment service.

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 activities, seeking to resume 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 the established requirements for 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 of Russia" Mironov V.I.

When a citizen applies for help in finding a job, he wants to get a job that corresponds to the profession or specialty received by the citizen.

Also, the work provided must be suitable to meet the requirements of general accessibility, health status. Otherwise, the citizen has every right to refuse such work, and the employment service must start looking for another suitable job.

In this article:

Conditions for a suitable job

When providing work to a citizen in need of employment, it must be suitable taking into account the following criteria:

• Comply with his professional suitability
• Have similar working conditions at the last place where the citizen performed labor functions
• The state of health that allows one or another type or amount of work to be performed must be taken into account.
• Availability of transport accessibility to the place of work, while the maximum availability is determined by the employment service independently

If the submitted work does not meet the above criteria, then the citizen has every right to refuse this work. It is possible to refuse a suitable job twice, after which you can lose the status of unemployed, but this does not apply to work that is considered unsuitable for him.

A job that cannot be considered suitable

There are a number of conditions under which a citizen may refuse to work, as it will be considered unsuitable:

Firstly, if he demands to change the permanent place of residence of a citizen without his consent.

Secondly, the work performed will not comply with generally established labor rules and labor protection standards.

Thirdly, if the proposed work will be paid below the average salary that a citizen received earlier at work.

Thus, it is possible to demand the provision of other work that will satisfy the citizen and not fall under the conditions of unsuitable work.

The purpose of state support is to provide an opportunity to work, but at the same time not to cause discomfort in the performance of a labor function.

State support of citizens in employment and employment

A citizen, having the right to work, can realize it only with the necessary support from the state. State support is expressed in the form of guarantees in employment and employment.

State guarantees consist in the development of programs that increase the mobility of the labor market and its national protection.

Employment is designed to give equal opportunities to all citizens who are able to work and contribute to society. The state provides support and development of small business, which includes persons wishing to engage in entrepreneurial activities.

In the process of finding a job, the state guarantees the unemployed to receive unemployment benefits.

While a citizen is registered with the employment service, the insurance period is not calculated for the entire period of registration.

The amount of the benefit paid to the unemployed is constantly subject to indexation, taking into account changes in the standard of living of the population. Each region provides an additional coefficient to the minimum allowance.

In the process of employment, a citizen has the right to receive qualified assistance from specialists in the field of labor, receive advice, and receive opportunities to receive vocational training.

Also, if a citizen is completely satisfied with the job provided, but it is associated with moving to a new place of residence, the citizen has the right to assistance from the employment service in relocating to a new place of residence.

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 established by the city administration of the settlement where the citizen's registration 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 with 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);
• the salary offered to the employee in the new place is less than the average monthly salary in his previous workplace.

As for the last point, the salary at a 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 has presented all the necessary documents to the labor exchange at the place of registration, 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 a new position in the area where his registration is valid. 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 gain new professional experience, then unemployment benefits will be terminated until re-registration.

Meets your professional suitability - that is, your professional training, skills, which are confirmed by a document of education (diploma, certificate), your work experience, skill level (rank, class, category), which will allow you to do the work correctly and in a timely manner, are taken into account;
meets the conditions of your last place of work (service) (except for paid public works) - that is, you cannot be offered worse working conditions, this in particular applies to wages that cannot be lower than the average earnings calculated for the last 3 months from the last place of work for citizens. However, if your average monthly earnings exceeded the subsistence level of the able-bodied population calculated in the constituent entity of the Russian Federation, a job cannot be considered suitable if the proposed earnings are lower than the subsistence minimum calculated in the constituent entity of the Russian Federation in the prescribed manner;
corresponds to the state of your health;
meets the requirements of the transport accessibility of the workplace - that is, the maximum distance of the relevant work from the place where you live (transport accessibility is determined by the local authorities at your place of residence).

If you are a disabled person and want to use this special status in relations with the employment service), then when registering as an unemployed person, in order to find a suitable job, in addition to the standard list of documents, you must submit - an individual rehabilitation program for a disabled person and containing a conclusion on the recommended nature and working conditions .

If there is no job that suits your professional background, you can wait for an offer from the employment service office for a suitable vacancy during the entire initial period of unemployment, while using the right to receive unemployment benefits.

However, you have the right to accept work that is different in nature from your previous work, as well as work that requires a lower level of skill. You can also agree to community service, advanced training, retraining.

As for the transport accessibility of the workplace, you can find out the requirements for it at the employment service agency at your place of residence, as they are established by the employment service agency based on the maximum distance of a suitable job from the place of residence of the unemployed, taking into account the development of the public transport network in this particular area .

IMPORTANT: Some categories of citizens may be offered as suitable any (!) Paid work (both permanent and temporary, including public works), taking into account your age and other characteristics, which may or may not require you to have prior training.

In what cases is this possible?

You are looking for a job for the first time (have not worked before) and do not have a specialty (profession);
You were fired for violation of labor discipline or other guilty actions that are provided for by the labor legislation of the Russian Federation, more than 1 time during the year that preceded the period of your unemployment;
You have terminated your individual entrepreneurial activities (activities as an individual entrepreneur) or left the members of a peasant (farm) economy;
You want to resume your work activity after a long (more than 1 year) break;
You were sent by the employment service for training and were expelled for guilty actions;
You refused to improve or restore your qualifications in your profession, refused to get an adjacent profession or undergo retraining after the end of the established period of time in which you were paid unemployment benefits;
You have been registered with the employment service for more than 12 months or have not worked for more than 3 years;
You applied to the employment service after the end of seasonal work.
At the same time, do not forget that “any work” does not mean work that does not comply with the requirements of labor legislation.
For those who already have work experience, you will be offered a job on a different principle.

When selecting a job for you, the specialists of the employment service will take into account your qualifications. And if you have several professions, then the search is performed for each of them. Preference will be given to that of your professions, specialties in which you worked immediately before applying to the employment service. When offering you vacancies, the employment service should strive to take into account your wishes.

Keep in mind that the job will not be suitable if:

The proposed job requires a change of your place of residence, and you do not agree to this;
the working conditions offered to you do not comply with the rules and regulations on labor protection (for example, the requirements of Chapters 34, 36 of the Labor Code of the Russian Federation);
the salary offered to you is lower than the average salary that you received in the last three months at your last place of work (service).

IMPORTANT: The work cannot be considered unsuitable on the last grounds if your average monthly earnings were higher than the subsistence level in the constituent entity of the Russian Federation where you live. The job offered to you cannot be suitable if the salary for it is below the subsistence level in your subject of the Russian Federation.

The material has been updated as part of the Labor Rights for All project: Knowing and defending your rights in crisis situations. The project is being implemented using a grant from the President of the Russian Federation for the development of civil society provided by the Presidential Grants Fund.