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Transport accessibility of the workplace. On the procedure for registering citizens in order to find a suitable job, registering unemployed citizens and requirements for selecting a suitable job

federal Service on 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 individuals job seekers. If the unemployed agrees to the proposed job, he is given a referral for employment with a specific employer. An employer can also refuse to hire an unemployed person. At the same time, he must give the person a reasoned refusal to hire in writing, and the citizen is obliged to deliver it personally to the employment agency within a certain period of time.

At the same time, the current legislation establishes exceptions to this rule, i.e. cases when the referral for employment is mandatory either for the employer or for the job seeker.

First of all, it will be mandatory for the employer to refer to the employment of persons at the expense of the quota of jobs. For example, quotas for jobs for people with disabilities are expressly provided for by the Federal Law “On the Social Protection of Persons with Disabilities in Russian Federation» of November 24, 1995 Federal Law of November 24, 1995 N 181-FZ (as amended on April 28, 2009) "On the Social Protection of Persons with Disabilities in the Russian Federation" (adopted by the State Duma of the Federal Assembly of the Russian Federation on July 20, 1995) In particular, according to Art. 21 of this law, organizations with more than 100 employees are set a quota for hiring disabled people 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 Code of Administrative Offenses, 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.

Referral for employment may also be mandatory for an unemployed citizen. Considering that the main purpose of a citizen’s appeal to the employment authorities should not be to receive unemployment benefits, but to search for work, employment, the unemployed cannot, without certain negative consequences refuse a suitable job. To this end, the legislator introduces the concept of "suitable work" and defines its criteria.

Suitable Job

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

Firstly, a suitable job should take into account the level of professional suitability and professional training of a citizen, i.e., correspond to the profession (specialty) of the unemployed (or job seeker), 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.

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

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

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

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

1) looking for a job for the first time (previously not working and at the same time not having a profession;

2) dismissed 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;

3) who stopped individual entrepreneurial activity;

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

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

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

8) those 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 were not registered with the employment authorities);

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

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

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

RESOLUTION

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

(As amended by the Decree of the Ministry of Labor and Social Protection of the Ryazan Region dated January 19, 2018 N 5)

In accordance with paragraph 2 of Article 4 of the Law of the Russian Federation of 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 of 07.09.2012 N 891 "On the registration procedure citizens in order to find a suitable job, register unemployed citizens and requirements for the selection of a suitable job", 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 the limits of the settlement 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 services that ensure 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 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.

In accordance with the Federal Law "On Employment in the Russian Federation", the state guarantees unemployed citizens:

— The right to choose a place of work through the employment service or by direct contact with the employer;

– The right to free consultation, information and services related to vocational guidance;

— The right to psychological support;

– The right to vocational training, retraining and advanced training in the direction of the employment service;

- Right to professional activity outside the territory of the Russian Federation.

Unemployed citizens must:

- actively look for work (including regular visits to the information room between mandatory (appointed at least 2 times a month) re-registrations).

— comply with the terms and conditions of re-registration as unemployed;

- visit the employer on the issued work referral within 3 working days from the date of receipt of the referral (at the same time, the first day of this period is considered the working day following the day the work referral was issued);

– inform the employment center about your employment (INCLUDING INDEPENDENT, TEMPORARY, SEASONAL, UNDER A CIVIL LEGAL AGREEMENT, etc.), registration of an individual entrepreneur, becoming one of the founders of organizations and other forms of employment, pensions, etc. .d.

REMEMBER:

Simultaneous receipt of unemployment benefits and income from work or other income-generating activities, even if temporary (with the exception of wages received from participation in public works without deregistration as unemployed) - is a fraud and punishable by law!

Unemployed citizens who did not appear for re-registration as unemployed within the terms established by the employment center, for confirmation good reasons non-attendance may present supporting documents (for example: a certificate of incapacity for work; a summons to pass medical commission in case of conscription for military service, for military training, involvement in activities related to preparation for military service; documents confirming the death of close relatives (death certificate and documents confirming kinship); documents confirming the departure from the place of permanent residence in connection with training in organizations that carry out educational activities, on part-time and part-time forms of education, etc.

Work with what conditions, they have the right to offer, after reduction in the center

documents required by law).

The appearance of a citizen in order to avoid violating the terms of re-registration must take place no later than the working day following the end of the period for which the supporting document is submitted

Unemployment benefits may be suspended for up to 3 months. in cases:

  • refusal during the period of unemployment from 2 options for a suitable job;
  • refusal after a 3-month period of unemployment from participating in paid public works or from sending for training by the employment service of citizens who are looking for a job for the first time (previously not working) and at the same time do not have qualifications, seeking to resume their labor activity after a long (more than one year ) break;
  • appearance of the unemployed for re-registration in a state of intoxication caused by the use of alcohol, narcotic drugs or other intoxicating substances;
  • dismissal from the last place of work (service) for violation of labor discipline and other guilty actions provided for by the legislation of the Russian Federation, as well as deductions of a citizen sent for training by the employment service from the place of training for guilty actions;
  • violation by the unemployed without good reason of the conditions and terms of his re-registration as unemployed (suspension of payment of unemployment benefits is made from the day following the day of the last appearance of the unemployed for re-registration);
  • unauthorized termination by a citizen of training in the direction of the employment service.

The period for which the payment of unemployment benefits is suspended is included in the total period of payment of unemployment benefits.

The amount of unemployment benefit can be reduced by 25% for up to 1 month in the following cases:

  • NON-APPEARANCE without good reason for negotiations on employment with the employer within 3 working days from the date of sending by the employment center;
  • REFUSAL without good reason to appear at the employment service to receive a job referral (training).

Unemployment benefits are not paid during the periods:

  • maternity leave;
  • departure of the unemployed from the place of permanent residence in connection with training in vocational educational organizations, educational organizations higher education and additional vocational education part-time or part-time
  • conscription of the unemployed for military training, involvement in activities related to preparation for military service, with the performance of state duties.

These periods do not count towards the total period for the payment of unemployment benefits and extend it.

The payment of unemployment benefit is terminated with simultaneous deregistration as unemployed in the following cases:

  • recognition of a citizen as employed on the grounds provided for in Article 2 of the Employment Law;
  • vocational training or receiving additional professional education in the direction of the employment service with the payment of a scholarship;
  • prolonged (more than a month) absence unemployed to the employment service without good reason;
  • relocation or relocation unemployed in another area;
  • fraudulent attempts to obtain or receive unemployment benefits;
  • condemnation of a person receiving unemployment benefits , to correctional labor, as well as to punishment in the form of imprisonment;
  • setting a pension, provided for in paragraph 2 of Article 32 of the Law on Employment, or the appointment of an old-age insurance pension (including early), or the appointment of an old-age pension or a seniority pension for state pension provision;
  • rejection of the mediation of the employment service(according to a personal written application of a citizen);
  • death of the unemployed.

What is a SUITABLE JOB?

  • Such work is considered suitable, including temporary work, which corresponds to the professional suitability of the employee, taking into account the level of his qualifications, the conditions of the last place of work (with the exception of paid public works), health status, transport accessibility of the workplace.
  • Paid work, including temporary work and public works, requiring or not requiring (taking into account the age and other characteristics of citizens) preliminary training, meeting the requirements of labor legislation and other regulatory legal acts containing norms labor law, is considered suitable for citizens:
  • first-time job seekers (previously unemployed) and at the same time do not have qualifications;
  • dismissed more than 1 time during one year preceding the onset of unemployment, for violation of labor discipline or other guilty actions;
  • who have ceased their individual entrepreneurial activities, who have left the members of the peasant (farm) economy in established by law RF order;
  • seeking to resume labor activity after a long (more than 1 year) break;
  • sent by the employment center for training and expelled for guilty actions;
  • those who refused to undergo vocational training or receive additional vocational education after the end of the 1st period of payment of unemployment benefits;
  • registered with the employment center for more than 18 months;
  • not working for more than 3 years;
  • the proposed earnings are lower than the average earnings of a citizen, calculated for the last 3 months at the last place of work.

This provision does not apply to citizens whose average monthly earnings exceeded the subsistence level of the able-bodied population in the Republic of Crimea. In this case, a job cannot be considered suitable if the salary offered is below the subsistence level.

ATTENTION: Citizens who have several professions (specialties), the selection of suitable work is carried out for each of them!

REMEMBER: At the same time, citizens are issued no more than 2 directions to work !

Article 4. Suitable and unsuitable work

(see text in previous)

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.

(in ed. federal law dated 22.08.2004 N 122-FZ)

(see text in previous

(as amended by Federal Laws No. 175-FZ dated 17.07.1999, dated 10.01.2003

(see text in previous

(As amended by the Federal Laws dated 01/10/2003, dated 12/27/2009 N 367-FZ, dated 07/02/2013)

What kind of work is considered suitable (Employment Service)

text in previous)

(as amended by Federal Law No. 185-FZ dated July 2, 2013)

(see text in previous)

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

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;

(As amended by Federal Law No. 175-FZ of July 17, 1999)

First of all, it fills with concrete content the general constitutional wording on freedom of choice of occupation and profession, fixing the employment criteria for which it is necessary to take into account individual features and employee requirements.

Thirdly, it translates the abstract opportunity to work in the chosen field of activity and in the chosen profession into the concrete entitlement of the unemployed to assistance in obtaining a job of a certain quality and to material security for the period of searching for such work.

The criteria taken into account when determining suitable work are also established by the ILO Convention No. 168 "On the Promotion of Employment and Protection against Unemployment", adopted on June 21, 1988.

In accordance with Art. 4 Employment Law suitable job of a permanent or temporary nature, corresponding to the professional suitability of the employee, the conditions of his last place of work, state of health; located within the transport accessibility of the workplace, not associated with a change of residence without the consent of the citizen; with working conditions that comply with the rules and regulations on labor protection, with earnings not lower than the average earnings of the employee, calculated for the last three months at the last place of work. In addition to citizens whose average monthly earnings exceed the subsistence level of the able-bodied population, calculated in the constituent entity of the Russian Federation in the prescribed manner. In this case, the proposed earnings should not be lower than the subsistence minimum, calculated in the subject of the Russian Federation in the prescribed manner.

One of the main characteristics of a suitable job, as can be seen from the content of the above norm, is its compliance with the professional suitability of the employee, his profession (specialty), qualifications. Therefore, when choosing a suitable job for which an unemployed person can apply and which an employment service agency can offer him, first of all, attention is drawn to the presence of professional and qualification qualities of the employee.

In the absence of a job corresponding to the professional suitability of the unemployed person, he has the right to wait for a corresponding vacancy during the entire initial period of unemployment, exercising the right to unemployment benefits.

At the same time, the unemployed person may also agree to be provided with work that is different in nature and functions from the previous job, or work with a lower qualification, as well as participation in public works, retraining or advanced training.

By establishing certain guarantees of assistance in finding a suitable job on the part of the employment service authorities, the Law also aims to for active search by the unemployed themselves satisfactory work, on the material and moral interest of the employee in the rapid acquisition of a new job and on constructive cooperation with the employment service.

For some categories of citizens, the Law on Employment provides that any paid job, including temporary work and public works, requiring or not requiring (taking into account the age or other characteristics of citizens) preliminary training, that meets the requirements of labor legislation, can be a suitable job.

Information to the public

These citizens include:

  • citizens who are looking for work for the first time (previously not working) and at the same time do not have a profession (specialty);
  • dismissed more than once during 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;
  • terminated individual entrepreneurial activity in the manner prescribed by the legislation of the Russian Federation;
  • seeking to resume employment 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, and who have not worked for more than three years;
  • who applied to the employment service after the end of seasonal work (clause 3, article 4 of the Law).

The selection of work for such citizens requires their prior labor adaptation and therefore any paid job that meets the requirements of labor legislation and other normative legal acts containing labor law norms is recognized as suitable for them.

At the same time, attention should be paid to the fact that citizens who were fired more than once during one year preceding the onset of unemployment, for violation of labor discipline and other guilty actions, as well as those who stopped their individual entrepreneurial activity, do not lose their professional skills. They retain their previous professional training. The reasons why they became unemployed do not in any way affect their level of professional training; therefore, it seems that for such citizens a job should be recognized that corresponds to their professional suitability, taking into account the level of professional training.

Those who seek to resume their labor activity after a long (more than one year) break, are registered with the employment service for more than 18 months, and have not worked for more than three years, i.e. For those who have lost their motivation and skills for work, it is advisable first of all to offer to restore (upgrade) their qualifications or acquire a related specialty, and only in case of refusal - to offer a job that does not require prior training. In other words, any work, including unskilled work, should be considered a suitable job for this category of citizens, provided that they were offered to restore (upgrade) their qualifications, get a related specialty, but they refused.

An important criterion for suitable work is its compliance with the health status of the potential employee. When selecting a suitable job, taking into account the state of health, the age of a citizen, his physical characteristics, the presence of a chronic disease, as well as a predisposition to certain types diseases. In order for the state of health of a citizen to be taken into account by the employment service authorities when selecting a suitable job, appropriate medical documents are required. However, the submission of such documents is not required under the Employment Act. The only exceptions are persons recognized as disabled. They must represent individual program rehabilitation of a disabled person, containing a conclusion on the recommended nature and working conditions (clause 2, article 3 of the Employment Law). Thus, citizens who do not belong to the category of disabled people, but who have restrictions in their labor activity for health reasons, who have not submitted the relevant documents, cannot demand that their health condition be taken into account when offering them a suitable job.

Another important criterion for a suitable job is taking into account the conditions of the last place of work. As a rule, first of all, this includes the conditions of protection and remuneration. In accordance with paragraph 4 of Art. 4 of the Law on Employment, a job cannot be considered suitable if the proposed salary is lower than the average salary calculated for the last three months at the last place of work of a citizen. This provision does not apply to citizens whose average monthly earnings exceeded the subsistence level of the able-bodied population, 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. In other words, a job cannot be considered suitable if the salary offered for it is lower than the subsistence minimum for the able-bodied population, calculated in the constituent entity of the Russian Federation in the prescribed manner.

According to the Employment Law not considered a suitable job if the working conditions do not comply with the rules and regulations on labor protection. Description of the characteristics of working conditions is of particular importance when working in difficult, harmful and (or) hazardous conditions. A potential employee must know in advance whether the employer is fulfilling the obligations assigned to him to ensure safe conditions and labor protection, a list of which is contained in Art. 212 of the Labor Code of the Russian Federation. Other working conditions (work in difficult, harmful and (or) dangerous conditions, availability of compensations and benefits for working in such conditions), which Labor Code Russian Federations are classified as essential (Article 57 of the Labor Code of the Russian Federation), they are not taken into account when determining a suitable job. In this regard, it will be considered unlawful for an unemployed person to refuse to work in harmful working conditions, if such work is not contraindicated for him for health reasons, or from work with frequent and long business trips, multi-shift work, etc.

When determining suitable work, the criterion of the maximum distance of the proposed work from the place of residence of the unemployed person, which is of vital interest to the potential worker, is also used. Article 4 of the Employment Law provides that a change of permanent residence is possible only with the consent of the unemployed person. In addition, the new place of work should be within transport accessibility. In accordance with the Law on Employment, the maximum distance of a suitable job from the place of residence of the unemployed is prescribed to be determined by the employment service, taking into account the development of the public transport network in the area, taking into account the regulations on this issue of local governments.

The Employment Law does not oblige the employment service authorities, when selecting a suitable job, to take into account the personal characteristics, including the marital status of the unemployed, however, in practice, the employment service authorities take into account the wishes of the unemployed citizens, and also, to a certain extent, take into account the compliance of the proposed work with the characteristics of the personal and, above all, of everything, the marital status of citizens.

Home / Employment Law / Article 4 - Suitable and Unsuitable Jobs

Article 4 of the Law on Employment of the Russian Federation

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

What is a "suitable" job at the Employment Center?

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.

3. 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 labor legislation and other regulatory legal acts containing labor law norms (hereinafter referred to as labor legislation), considered suitable for citizens:

first-time job seekers (previously unemployed) and at the same time do not have qualifications; dismissed more than once during 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; those seeking 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;

who refused to undergo vocational training or receive additional vocational education 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;

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

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.

Section 4 of the Employment Act defines the appropriate and inappropriate work. In accordance with Article 4, suitable work must correspond to the professional suitability of the employee, his state of health, the transport accessibility of the workplace and the conditions of the last place of work. Based on Article 4, a job is considered unsuitable if it involves a change of residence without the consent of the citizen, working conditions do not meet the standards, and the salary is less than the average compared to the earnings at the last place of work.

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 place of residence without the consent of the citizen;

2) working conditions do not comply with labor protection norms and rules;

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 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.

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.

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.

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.

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. According

with paragraph 3 of Art. 4 of the Law of the Russian Federation "On employment in the Russian Federation" paid work,

including work of a temporary nature and public works, requiring or not requiring (with

taking into account the age and other characteristics of citizens) preliminary training that meets

requirements current legislation, is suitable for the following citizens:

1) for the first time looking for a job (previously unemployed), without a profession (specialty),

laid off more than once during the one year preceding the onset of unemployment, for

violation of labor discipline and other guilty actions provided for

the legislation of the Russian Federation, engaged in entrepreneurial activities,

seeking to resume employment 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 an allied 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.

Suitable Job

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. 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.

More related articles

Suitable Job

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 place of residence without the consent of the citizen; 2) working conditions do not comply with labor protection norms and rules; 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 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 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 limits 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.

What are the requirements for selecting a suitable job?

Such work is considered suitable, including temporary work, which corresponds to the professional suitability of the employee, taking into account the level of his qualifications, the conditions of the last place of work (with the exception of paid public works), health status, transport accessibility of the workplace (Article 4 of the Law of the Russian Federation of April 19 .1991 N 1032-1 "On employment in the Russian Federation", (hereinafter - Law N 1032-1).

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 labor legislation and other regulatory legal acts containing labor law norms, is considered suitable for citizens:

a) looking for a job for the first time (previously not working) and at the same time not having qualifications; dismissed more than once during the 1st 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; those seeking to resume their labor activity after a long (more than 1 year) break, as well as those sent by the employment service for training and expelled for guilty actions;

b) who refused to undergo vocational training or receive additional vocational education after the end of the first period of payment of unemployment benefits;

c) registered with the employment service for more than 18 months, as well as more than 3 years not working;

d) applied to the employment service after the end of seasonal work.

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

b) working conditions do not comply with labor protection rules and regulations;

c) the proposed salary is lower than the average salary of a citizen, calculated for the last 3 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.

The requirements for the selection of a suitable job (hereinafter referred to as the Requirements for the selection of a suitable job) are established by Decree of the Government of the Russian Federation of 07.09.2012 N 891. The requirements for the selection of a suitable job establish that the selection of a suitable job is carried out taking into account the profession (specialty), position, type of activity, level education and qualifications, work experience and skills, the amount of average earnings calculated over the last 3 months at the last place of work of a citizen, a conclusion on the recommended nature and working conditions, transport accessibility of the workplace, as well as the employer's requirements for the candidacy of the employee contained in the information on free jobs and vacancies.

When selecting a suitable job, the transport accessibility of the workplace is determined taking into account the maximum distance of a suitable job from the place of residence of registered citizens and unemployed citizens.

For registered citizens who have registered within 12 months after dismissal for any reason, work is considered suitable, including temporary work, which corresponds to the professional suitability of the employee, taking into account the level of his qualifications, the conditions of the last place of work (with the exception of paid public works ), the state of health of citizens and the transport accessibility of the workplace.

For registered citizens who are looking for a job for the first time (previously not working), having a profession (specialty), registered within 12 months after graduation from organizations engaged in educational activities, a job is considered suitable, including a job of a temporary nature that meets professions (specialties), taking into account the level of qualification, the state of health of citizens and the transport accessibility of the workplace.

Registered citizens who are looking for a job for the first time, who have not previously worked and at the same time do not have a profession (specialty), are issued no more than 2 offers of vocational training or referrals to paid work, including temporary work, requiring or not requiring (taking into account age and other characteristics citizens) preliminary training that meets the requirements of the labor legislation of the Russian Federation and other regulatory legal acts containing labor law norms.

When selecting a suitable job for registered citizens and unemployed citizens, it is not allowed:

a) offer the same job option twice, and for citizens who are looking for a job for the first time, have not previously worked and do not have a profession (specialty), offer the same option of vocational training or additional professional education twice;

b) referral to jobs without taking into account the development of a public transport network that provides transport accessibility workplace;

c) an offer of work that is associated with a change in the place of residence of citizens without their consent;

d) an offer of work, the working conditions of which do not comply with the rules and regulations on labor protection;

e) a job offer, 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 subsistence level of the able-bodied population, calculated in the subject of the Russian Federation in accordance with the established procedure, work cannot be considered suitable if the proposed earnings are lower than the subsistence minimum calculated in the subject of the Russian Federation in accordance with the established procedure.

For registered citizens and unemployed citizens with several professions (specialties), the selection of a suitable job is carried out taking into account the available professions (specialties), qualification level, experience and work skills.

When a suitable job is offered to registered citizens and unemployed citizens, job referrals are issued. Candidates of citizens, if they agree to a suitable job, are agreed with employers. When referring people to potential employers no more than 2 referrals for work at the same time should be issued at the labor exchange.