• Are the obligations of the debtor-owner of the account subject to the fulfillment by the bank on the claims of creditors of the 1st-3rd order?
• The head of the LLC was convicted under Art. 173.1. Criminal Code of the Russian Federation. What are the consequences for transactions made by this manager?
• What are the features of hiring a part-time foreigner with a patent to work in a particular profession?
• Does the institution need to approve the regulation on access control?
• Does the State Budgetary Institution have the right to purchase other services for the provision of public services if their use is not provided for by the technical regulations?

Question

What NLA determines the remoteness of the place of permanent residence from the place of work. And what remoteness can be work on a rotational basis. Example: an employee lives in the city of Surgut, the location of the organization is the city of Surgut, and the immediate place of work of the employee is the village of Russkinskaya, a distance of 70 km. Can an employee work on a rotational basis?

Answer

To determine the distance, you can refer to the standards that the legislator has established for construction and installation trusts and other similar organizations. In these organizations, the rotational method is used if employees spend more than three hours daily traveling from their place of permanent residence to their place of work and back.

Guest, get acquainted -!

The rationale for this position is in the materials of the "Personnel System".

« In what cases does the organization use the rotational method of work

The remoteness of the production facility may be obvious. For example, when interregional movement, employees can spend more than a day on the road. In other cases, it is necessary to take into account the conditions of each locality separately, including the availability of roads, transport links, etc. To determine the distance, you can refer to the standards established for construction trusts and other similar organizations. In these organizations, the rotational method is used if employees daily spend more than three hours on a trip from their place of permanent residence to their place of work and back (clause 1.4 of the Basic Provisions approved). The above procedure can also be used by organizations working in other areas.

Watch Restrictions

Which employees can not be involved in the work on a rotational basis

The following categories of employees cannot be involved in shift work:

adolescents under the age of 18;

• pregnant women;
• women with children under the age of three;
• fathers raising children under the age of three without a mother, as well as guardians and guardians of young children (not older than three years);
• persons with medical contraindications to work on a rotational basis.
• These restrictions are established by articles and the Labor Code of the Russian Federation.

Question from practice: is it possible to hire an employee on a rotational basis who lives not at the place of registration, but at the place of temporary registration

Thus, an employee who lives at the place of temporary registration can be hired on a rotational basis if the place of work is very far from the place of his actual residence at the current time.

Professional help system for lawyers, where you will find the answer to any, even the most complex question.

See what conditions the courts most often evaluate differently. Take safe wording of such conditions into the contract. Use positive practice to convince the counterparty to include the condition in the contract, and use negative practice to convince the counterparty to refuse the condition.

Challenge the decisions, actions and inaction of the bailiff. Release property from seizure. Claim damages. This recommendation has everything you need: a clear algorithm, a selection of court practice and ready-made complaint samples.

Read the eight unspoken registration rules. Based on the testimony of inspectors and registrars. Suitable for companies that have been flagged by the IFTS as unreliable.

Fresh positions of the courts on controversial issues of recovery of court costs in one review. The problem is that many details are still not spelled out in the law. Therefore, in controversial cases, focus on judicial practice.

Send a notification to your cell, e-mail or parcel post.

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 economies are trying to develop different approaches to mitigate the social consequences of 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 the social group, remaining in a certain place in the social hierarchy of society. This allows the unemployed to feel more confident both materially and morally. As for the state, it preserves the existing social structure of 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 of the International Labor Organization (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 “suitable job” requirement may in some cases result in benefits being extended up to the prescribed maximum period, it is justified. 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-term courses. Vocational education must be confirmed by an appropriate diploma (certificate) from an educational institution. Information about the qualification ranks for working professions is recorded in the 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 the qualification characteristics contained in the tariff and qualification reference books. If a citizen has several working professions, a job search is carried out for each of them. In the absence of vacancies corresponding to professional education, other work options are offered with the consent of the citizen.

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 according to the staffing table), 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 actual salary that the applicant for a vacancy will receive and, in some cases, may lead to classifying a suitable job as unsuitable. Along with this, the need for unambiguous accounting, 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 disability was established.

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 a job with a wage equal to the subsistence minimum.

Health status. If a citizen has restrictions on various types of work 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.

V. Vlasov
Source: Work and salary

Recently, the processes associated with employment have significantly intensified. Last year, about half a million citizens applied to the state employment services of Moscow and the Moscow Region. And this

Recently, the processes associated with employment have significantly intensified. Last year, about half a million citizens applied to the state employment services of Moscow and the Moscow region. And this is only a small part of those who seek to improve their situation.

Among the ways to find a job, in the first place traditionally remains an appeal to friends, relatives and acquaintances. (58,1 %), on the second - to the state employment service (33,1 %), further - directly to the employer (28,8 %), filing advertisements in the press and sending resumes to recruitment agencies. Therefore, almost 1.5 million citizens are actively looking for a suitable job every year in the capital alone.

But what is the right job? Anyone who cannot answer this question is likened to the hero of a fairy tale who was sent there, I don’t know where, and asked to find something, I don’t know what. And, as the practice of applying to the employment service shows, there are enough such applicants, especially among young people who are just starting their labor activity.

The Law "On Employment in the Russian Federation" defines a suitable job, which can serve as a benchmark for successful employment. So, it must correspond to "the professional suitability of the employee, taking into account the level of his professional training, the conditions of the last place of work, the state of health, the transport accessibility of the workplace."

Let's consider these criteria.

The first sign is taking into account the profession, skills, abilities, education, and professional experience. The professional suitability of a citizen is determined by the level of his professional education, confirmed by the relevant document. It can be a diploma, a certificate, a certificate, and the like. An important factor is work experience in the existing specialty, as well as in other specialties acquired in the course of labor activity. Do not forget about the level of qualification, determined by the category, class, category or academic degree. Employers, taking care of the competitiveness of their company, present these professional and qualification requirements to their employees. The employment service, selecting suitable jobs for citizens, also takes them into account.

In order to more accurately determine the professional suitability of a citizen for a vacant position, you can use the qualification characteristics contained in the tariff and qualification reference books. If the candidate has several professions, then the job search should be carried out for each of them. At the same time, the employment service gives preference to the specialty in which the applicant has worked recently, and also takes into account the wishes of the employee and the availability of vacancies in the labor market. If you are trying to find a vacancy for a "white collar", then you will be subject to requirements from the Qualification Directory for the positions of managers, specialists and other employees, approved by the Decree of the Ministry of Labor of Russia of August 21, 1998 N 37. The directory is used at enterprises, institutions and organizations various sectors of the economy, regardless of ownership and organizational and legal forms in order to ensure the correct selection, placement and use of personnel.

For those applying for a blue-collar job(manual workers) and wants to learn more about the typical requirements for personnel, we recommend that you refer to the Unified Tariff and Qualification Directory of Works and Professions of Workers. In it, the tariff-qualification characteristic of each profession has two sections. The Job Description section contains a description of the actions that the worker should be able to perform. In the “Must know” section you will find the basic requirements for the latter in relation to special knowledge, as well as knowledge of regulations, instructions, norms and rules and other guidance materials, methods, means necessary to perform certain work. Qualification guides can be found in the employment services.

The second sign of a suitable job is the amount of wages and working conditions. Of course, everyone wants to get a place where the level of remuneration would be higher and working conditions more favorable than at the previous job. Unfortunately, such a "hit in the top ten" is rare. Usually you have to sacrifice something, for example, to have a small but solid income, or to work hard and make good money without any guarantees.

However, it must be borne in mind that the size of the salary, in addition to the will and desire of the employer, is also significantly influenced by market factors. One of them - supply and demand in the labor market. When demand exceeds supply, wages for a particular type of work rise. To date, the demand for highly qualified workers is not fully satisfied, and this leads to an increase in wages for specialists with secondary and higher education. On the other hand, the demand for unskilled labor in a number of industries is falling, which negatively affects the earnings of people who do not have a secondary level of education.

Another market factor affecting the amount of remuneration for work is competition in the labor market. Here the rivalry leads to the approximation of the level of wages to the equilibrium price of labor. This means that competition acts as an equalizer of earnings. On a regional scale, approximately the same wages are set for workers of a certain profession with an equal level of education and qualifications. Simply put, the labor market affirms the principle - "equal pay for equal work."

In a number of sectors of the Moscow economy, a person looking for a suitable job may face low wages, for example, in trade, construction, and transport, which is caused by the widespread use of cheap foreign labor.

Those who are thinking of devoting themselves to work in industrial, construction, transport and communications enterprises, we do not advise you to be hasty and immediately agree to the proposed vacancy. According to official statistics in these sectors in the country as a whole, about a quarter of workers work in conditions that do not meet sanitary and hygienic standards.

Let us pay special attention to labor restrictions for persons under the age of 18 and women. Yes, according to Art. 265 The Labor Code of the Russian Federation (hereinafter referred to as the Labor Code) prohibits the use of labor by persons under the age of 18 in work with harmful and dangerous working conditions, in underground work, as well as in work, the performance of which may harm their health and moral development (gambling business, work in night cabarets and clubs, production, transportation and trade in alcoholic beverages, tobacco products, narcotic and toxic drugs).

Art. 253 TK limits the use of women's labor in heavy work and work with harmful and dangerous working conditions, as well as in underground work, with the exception of non-physical work or work on sanitary and domestic services. It is forbidden to use the labor of women in work related to lifting and manually moving loads that exceed the maximum allowable norms for them.

The third sign of a suitable job is the state of health. It takes into account the age of a citizen, his physical disabilities, existing chronic diseases, as well as a predisposition to certain types of diseases. Unfortunately, very often, in pursuit of high earnings, people do not pay attention to the mode of operation, environmental conditions of the environment, and labor protection in the workplace. This results in diseases, including chronic ones, up to the onset of disability. For people with disabilities, only work that meets the recommendations of the medical and social expert commission can be considered suitable.

The fourth sign of a suitable job- transport accessibility of the workplace. Its maximum distance from the place of residence of the unemployed is determined by the relevant local government of the territory. In practice, the value is set by the constituent entities of the Russian Federation, taking into account the development of the public transport network, or for all workers, or depending on the categories of citizens in need of employment, for example, for the disabled, women with children, etc. For example, in Moscow for singles and large families parents raising minor children; there are restrictions for women raising preschool children and disabled children: they must spend no more than one hour on the road from home to work, and disabled and pregnant women - up to 45 minutes. The employment service takes into account both the length of the routes of various types of public transport (bus, trolleybus, tram, metro, electric train, etc.), as well as the places of transfers from one type of transport to another, so that the travel time from home to work is minimal.

These are the signs of a suitable job. And if you act under the motto “Fight and seek, find and not give up!”, then there are chances, having overcome all difficulties, to take a worthy place in life.

V. VLASOV

Labor law of Russia. Crib Rezepova Victoria Evgenievna

THE CONCEPT OF A SUITABLE JOB

THE CONCEPT OF A SUITABLE JOB

Suitable Job(including temporary) - work corresponding 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.

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 place of residence without the consent of the 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.

Circumstances, the proof of which makes it possible to recognize the work offered to the citizen as suitable:

1) providing a citizen with work that corresponds to the professional suitability of a citizen, taking into account the level of his professional training;

2) the proposed job must comply with the conditions of the last place of work;

3) compliance of the state of health of the citizen with the proposed conditions for future employment;

4) transport accessibility of the workplace offered to the citizen;

5) compliance of working conditions for the work offered to the citizen with the current requirements for labor protection. 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 current legislation, is suitable for the following citizens:

1) looking for a job for the first time (previously not working), not having a profession (specialty), dismissed more than once during one year preceding the onset of unemployment, engaged in entrepreneurial activity, seeking to resume employment after a long (more than one year) break, sent by the authorities employment services 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) registered with the employment service for more than 18 months, as well as more than 3 years unemployed;

4) who applied to the employment service after the end of seasonal work

From the book Insurance author Skachkova Olga Alexandrovna

29. The concept of an insurance contract, the concept of an insurance policy An agreement is an agreement between two or more persons on the establishment, change or termination of civil rights and obligations (Article 420 of the Civil Code of the Russian Federation). Relations arising from the insurance contract are regulated

From the book Labor Code of the Russian Federation. Text with amendments and additions as of October 1, 2009 author author unknown

From the book Labor Code of the Russian Federation. Text with amendments and additions as of September 10, 2010 author Team of authors

From the book Encyclopedia of a Lawyer author author unknown

Article 60.2. Combination of professions (positions). Expansion of service areas, increase in the volume of work. Fulfillment of the duties of a temporarily absent employee without exemption from work specified in the employment contract With the written consent of the employee, he may be

From the book Labor Law author Petrenko Andrey Vitalievich

Article 151

From the book The Author's Lawyer Exam

From the book Mortgage loan: how to get an apartment author Shevchuk Denis Alexandrovich

8.1. The concept of working time and the duration of daily work Working time is the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other

From the book Fire Safety Rules in the Russian Federation author Team of authors

Question 163 The concept, rights and obligations of a guardian (custodian). Foster family: concept, order of education. Guardianship or trusteeship is established over children left without parental care for the purpose of their maintenance, upbringing and

From the book Fire Safety Rules in the Russian Federation (with applications) author Team of authors

Question 317 Confiscation of property as a measure

From the book Real Estate Deals: how to choose an agent, agency and make a deal in the real estate market author Kovalenko Pavel Alexandrovich

1. Market research and selection of a suitable program There are various ways: you can collect information yourself, fortunately, almost all mortgage banking programs are presented on the Internet, and information about them regularly appears in the press. You can contact

From the book Pay: typical violations, complex issues author Rakhmanova Svetlana Yurievna

From the book A course of criminal law in five volumes. Volume 2. General part: The doctrine of punishment author Team of authors

XV. fire hazardous work 612. Compilation and dilution of all types of varnishes and paints must be carried out in isolated rooms near an external wall with window openings or in open areas. Submission of painting materials must be done in finished form

From the author's book

Work experience Find out how long the company has been operating in this market. The experience, knowledge and good reputation of a realtor is the result of many years of work and a guarantee for the consumer. During this time, it has earned a certain reputation, and it simply does not make sense for its employees to deceive

From the author's book

6.1. Surcharge for combining professions (positions), expanding service areas, increasing the volume of work, performing the duties of a temporarily absent employee without exemption from the main job In accordance with Art. 60.2 of the Labor Code of the Russian Federation, an employee may be entrusted along with

From the author's book

§ 4. Compulsory work Compulsory work is a new type of punishment, previously unknown to the criminal legislation of Russia. This type of punishment is contained in a number of foreign criminal codes, for example, the codes of France, Spain, etc. The essence of compulsory work lies in

From the author's book

§ 5. Correctional labor In pre-revolutionary Russia, the use of forced (hard labor) labor without isolating the convict from society was widely practiced. Such labor was usually carried out by those sentenced to exile. In pre-revolutionary literature, it was actively discussed