Criteria for suitable and unsuitable work. The concept of a suitable job

federal Service for Labor and Employment and its territorial bodies acts as an intermediary in employment between employers and job seekers. In other words, the direction of employment agencies for employment according to general rule are advisory in nature, both for employers and for persons job seekers... If the unemployed person agrees to the proposed job, he / she is given a job referral to a specific employer. The employer can also refuse to hire an unemployed person. At the same time, he must give the person a reasoned refusal to apply for a job in writing, and the citizen is obliged to deliver him personally to the employment agency within a certain period of time.

At the same time, the current legislation establishes exceptions to this rule, that is, cases when a referral to employment is mandatory either for an employer or for a person looking for a job.

First of all, a mandatory nature for the employer will have a referral to the employment of persons on account of the quota of jobs. For example, job quotas for people with disabilities are directly provided for by the Federal Law “On social protection disabled people in Russian Federation"Dated November 24, 1995 the federal law from 24.11.1995 N 181-FZ (rev. from 28.04.2009) "On social protection of disabled people in the Russian Federation" (adopted by the State Duma of the Federal Assembly of the Russian Federation on 20.07.1995) In particular, according to Art. 21 of this law, organizations with more than 100 employees are assigned a quota for the employment of disabled persons as a percentage of average headcount employees (but not less than 2 and not more than 4 percent). According to Art. 5.42 of the Administrative Code, the employer's refusal to hire a disabled person within the established quota entails the imposition of an administrative fine on officials in the amount of two thousand to three thousand rubles.

A job placement may also be mandatory for an unemployed citizen. Considering that the main purpose of a citizen's appeal to employment agencies should not be to receive unemployment benefits, but to search for work, employment, the unemployed cannot be without certain negative consequences refuse a suitable job. For this purpose, the legislator introduces the concept of “suitable work” and defines its criteria.

Suitable job

It must be said that the concept of a suitable job is also contained in international law.

Firstly, a suitable job should take into account the level of professional suitability and professional training of the citizen, i.e., correspond to the profession (specialty) of the unemployed (or job seeker), the level of education, qualifications. For example, even a highly paid job cannot be considered suitable if it does not correspond to the qualifications of a citizen.

Second, a suitable job must meet the conditions last place work and, first of all, the terms of remuneration. The salary for the proposed job must not be lower than the average monthly salary at the previous place of work, which is reflected in the certificate of the average salary at the last place of work.

The third criterion for a suitable job involves taking into account the state of health of the citizen. For example, for people with disabilities, only work that complies with the recommendations of the Medical and Social Expert Commission (MSEC) can be considered suitable. At the same time, employment authorities are obliged to take into account other restrictions on the ability to work (chronic diseases, contraindications, etc.), even if the person does not have a disability group.

Finally, a suitable job must meet the criterion transport accessibility... The maximum distance of a suitable job from the unemployed person's place of residence should be determined by the relevant employment agency, taking into account the development of the public transport network in a given area, that is, travel time, waiting at stops, transfers, etc., should be taken into account.

For some categories of citizens, any paid work, including temporary work and community service, may be suitable work. To such citizens, according to Art. 4 of the Law of the Russian Federation "On Employment of the Population in the Russian Federation", include persons

1) looking for a job for the first time (who have not previously worked and at the same time do not have a profession;

2) dismissed more than once within one year preceding the onset of unemployment, for violation labor discipline and other culpable actions provided for by the legislation of the Russian Federation;

3) those who have terminated their individual entrepreneurial activity;

4) those who left the members of the peasant (farm) economy

5) seekers to renew labor activity after a long (more than one year) break;

7) those who refused to improve (restore) their qualifications in the existing profession (specialty), receive a related profession or undergo retraining after the end of the first period (current legislation sets this period for different categories citizens 6 or 12 months) payment of unemployment benefits (these citizens must first be offered the opportunity to improve (restore) their qualifications or get a related specialty);

8) who are registered with the employment service for more than 18 months, as well as those who have not worked for more than three years (i.e., this rule applies both to persons registered as unemployed for more than 18 months, and to persons who have not had a job for more than three years, even if they have not been registered with the employment authorities);

9) who applied to the employment services after the end of seasonal work.

At the same time, even for such persons, work cannot be considered suitable if it does not meet labor protection requirements, is associated with a change of place of residence, or the proposed earnings are lower than the average earnings at the last place of work or the subsistence minimum.

When a citizen seeks 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 availability, 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 providing suitable work

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

• Be consistent with his professional suitability
• Have similar working conditions in the last place where the citizen performed his labor functions
• Consideration should be given to the state of health that allows one or another type or amount of work to be performed.
• Availability of transport accessibility to the place of work, while the maximum accessibility is determined by the employment service independently

If the work provided 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 it is possible to lose the status of unemployed, but this does not apply to work that is considered unsuitable for him.

Work that cannot be considered suitable

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

First, if it requires a citizen to change his permanent place of residence without his consent.

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

Third, if the proposed job will be paid below average wages, which the 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 implementation of the labor function.

State support of citizens in employment and employment

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

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

Employment is designed to provide equal opportunities for all citizens who are able to work and benefit society. The state provides support and development of small business, which includes people wishing to engage in entrepreneurial activity.

In the process of looking for 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 being registered.

The amount of benefits paid to the unemployed is constantly indexed taking into account changes in the standard of living of the population. In each region, an additional coefficient is provided for minimum size benefits.

In the process of employment, a citizen has the right to receive qualified assistance from specialists in the field of labor, receive advice, and the opportunity to receive professional education.

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.

According to the law "On employment of the population in the Russian Federation", when the employment service authorities decide the issue of granting a citizen the status of unemployed, 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 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. An unemployed person has the right, without prejudice to himself, to refuse the so-called unsuitable (for him) work offered to him, but must not refuse the work offered to him that is suitable (for him) without negative consequences.

Thus, for a certain period of time, he retains himself in his professional, and therefore, in social group staying 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 retains the existing social structure society, thereby preventing its degradation - a change towards an increase in the number of people belonging to the so-called lower strata of society, always dissatisfied with the conditions of their lives within the framework of the existing state system.

V international law the legal term “suitable work” was first introduced by the Convention The 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 a job for them and in the payment of unemployment benefits. In order to be eligible for benefits, unemployed citizens must find themselves 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 staff turnover, which is costly for employers. Even if the requirement for “suitable work” may in some cases lead to an extension of the benefits payable within the specified maximum period, it is worth it. At the same time, a slight increase in the time of job search will not so much interfere as contribute to a more thorough selection of options for available vacancies and the selection of more suitable for citizens work, and in the future will help reduce staff turnover.

ILO Convention No. 44 indicates possible criteria for a suitable job:

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

Þ location of the proposed job, accounting for the time spent on travel to the place of work and the need to change the place of 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 can be interpreted ambiguously 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 of the Population in the Russian Federation", such work is considered suitable, including work of a temporary nature, which corresponds to:

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

Ö conditions of the last place of work (excluding paid community service);

Ö state of health;

Ö transport accessibility of the workplace.

Let us dwell in more detail on 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 professional training are training in educational institutions of higher, secondary and primary vocational education, as well as vocational training in production or short-term courses. Professional education must be confirmed by an appropriate diploma (certificate) educational institution... Information about qualification ranks for blue-collar occupations are enrolled in work book... In the event that 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 one or another profession. In order to more accurately determine the professional suitability of citizens when they are sent to positions of employees, it is advisable to use qualifications contained in the tariff and qualification reference books. If a citizen has several blue-collar occupations, job search is conducted for each of them. In the absence of vacancies corresponding vocational education, with the consent of the citizen, other work options are offered.

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

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

Citizens whose average earnings exceeded the subsistence minimum calculated in the constituent entity of the Russian Federation may be offered work with wages, equal to the cost of living.

Health status. If a citizen has restrictions to different types work for health reasons, the selection of a suitable job is made taking into account the conclusion of the KEK polyclinic. For people with disabilities, only work that complies with the recommendations specified in the ITU Help and in individual program rehabilitation of a disabled person.

Transport accessibility of the workplace. The maximum distance of suitable work 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, which meets the requirements of the legislation of the Russian Federation on labor, is considered suitable for citizens:

¨ Those who are looking for a job for the first time (who have not previously worked), who do not have 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 existing profession (specialty), receive a related profession or undergo retraining after the end of the initial (12-month) period of unemployment, who were dismissed more than once within 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, previously engaged in entrepreneurial activity, seeking to resume labor activity after a long break, and also directed by the employment service bodies for training and expelled for guilty actions;

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

¨ who applied to the employment services 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 place of residence without the consent of the citizen;

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

¨ the proposed earnings are lower than the average citizen's earnings 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 of the able-bodied population (hereinafter the subsistence minimum), calculated in the constituent entity of the Russian Federation in accordance with the established procedure. In this case, work cannot be considered suitable if the proposed earnings are lower than the subsistence minimum calculated in the constituent entity of the Russian Federation in accordance with the established procedure.

In paragraph 1 of Art. 4 of the Law of the Russian Federation "On Employment of the Population in the Russian Federation" the concept of a suitable job is given. Suitable work is considered to be such work, including of a temporary nature, that 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), state of health, and transport accessibility. In accordance with paragraph 4 of Art. 4 of the Law of the Russian Federation "On Employment of the Population in the Russian Federation" work cannot be considered suitable if: 1) it is associated with a change of place of residence without the consent of the citizen; 2) the working conditions do not comply with the norms and rules for labor protection; 3) the proposed earnings are lower than the average earnings of a citizen, calculated for the last three months at the last place of work, except for cases when the average monthly earnings of a citizen exceeded the subsistence level of the working-age population in the corresponding constituent entity of the Russian Federation. The foregoing allows us to single out the following circumstances, the proof of which allows us to recognize the work offered to the citizen as suitable. First, such a circumstance is the provision of a citizen with a job that corresponds to the professional suitability of the citizen, taking into account the level of his professional training. That is, when providing a job to a citizen, the profession he has, as well as the skills of working in this profession, must be taken into account. When providing a suitable job, the professional skills of the citizen obtained at the last place of work are also taken into account.

Second, the job offered must meet the conditions of the last job. 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 level on the territory of the corresponding constituent entity of the Russian Federation must be taken into account.

From of this rule an exception has been made for performing public works, to which citizens can be involved without taking into account the conditions of the last place of work. Thirdly, the circumstance characterizing the legal concept of a suitable job is the correspondence of the state of health of a citizen to the proposed conditions for future employment. A job that is contraindicated for a citizen for health reasons cannot be considered suitable. Fourthly, a circumstance included in the legal concept of a suitable job is the transport accessibility of the workplace offered to a citizen. Workplace that is offered to a citizen as a suitable job must be located in the same locality. 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 simple written form. Within a settlement, the maximum distance of suitable work from the citizen's place of residence is determined by the relevant local government, taking into account the development of the public transport network in the area. If the standards for the distance of the proposed job from the citizen's place of residence, established by the local government, are exceeded, such work cannot be recognized as suitable. Fifth, the circumstance characterizing the legal concept of "suitable work" is the compliance of working conditions for the job offered to a citizen with the current labor protection requirements. 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 an employment service agency regarding a job offered to a citizen, the obligation to prove the listed circumstances lies with the representatives of the relevant employment service agency.

An exception has been 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 of the Population 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 current legislation, is suitable for the following citizens: 1) those who are looking for a job for the first time (who did not work before), who do not have a profession (specialty), who were dismissed more than once during one year preceding the onset of unemployment, for violation of labor discipline and other culpable actions provided for by the legislation of the Russian Federation engaged in entrepreneurial activity, seeking to resume labor activity after a long (more than one year) break, as well as sent by the employment service for training and expelled for guilty actions; 2) those who refused to improve (restore) their qualifications in the existing profession (specialty), to obtain a related profession or to 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 have not worked for more than three years; 4) who applied to the employment service after the end of seasonal work. However, the job offered to the listed citizens must comply with the requirements of the current labor legislation, as well as their state of health. The job offered by him cannot be recognized as suitable if it is contraindicated for health reasons. The job offered to the listed citizens for its recognition as suitable must meet the established requirements for transport accessibility. However, when providing the listed citizens with suitable work, 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 belongs to the jurisdiction of the Constitutional Court of the Russian Federation.

Textbook " Labor law Russia "Mironov V. I.