Who are the unemployed and involuntarily unemployed? Concept, conditions of recognition and status of the unemployed

An unemployed person is often called a person who, for some reason, does not have a job. However, this section is not just about people who are unemployed. Our advice is addressed primarily to those who want to obtain official unemployed status and take advantage of the benefits that the state provides to those who have received unemployed status.

From the point of view of the law, many factors distinguish an unemployed person. Persons with unemployed status are provided with additional opportunities, guarantees, and, most importantly, they are paid unemployment benefits!

Of course, this status imposes special responsibilities on a person. However, we will talk about them later!

What does it mean that you have no income?

In practice, this means your lack of income - in the form of wages, severance pay amounts and the average earnings you retain if you were fired from the organization due to a reduction in the number (staff) of employees or the liquidation of the organization in which you worked (did military service ).

Unemployed is a person who, within 10 days from the date of his registration in order to find a suitable job, will not be provided with such work, as will be discussed below. Such a person is recognized as unemployed from the first day of presentation of documents.

However, not every person can be considered unemployed. Thus, the following CANNOT be recognized as unemployed:

• Anyone who has not reached the age of 16;
• the one who, according to the legislation of the Russian Federation, has been assigned a pension;
• refused, within ten days from the date of registration with an employment service agency to search for suitable work, two options for suitable work, including work of a temporary nature (about what “suitable work” is, see below the section “Suitable” / “unsuitable” work);
• one who has twice refused the options for professional training offered to him or the work offered to him, including a seasonal one, if the person is looking for work for the first time and does not have a specialty. Remember that you cannot be offered the same job or training option twice!
• one who did not come, without good reason, within 10 days after registration for the purpose of looking for work to an employment service agency to receive offers of suitable work;
• one who did not appear within the period established by the employment service to register as unemployed;
• one whom the court sentenced to correctional labor without imprisonment or to imprisonment;
• the one who submitted documents that contain deliberately false information about the lack of work and earnings, and other unreliable information;
• one who, according to the Law of the Russian Federation “On Employment of the Population in the Russian Federation,” is recognized as employed.

You need to know that you are considered “busy” if:

• You work under an employment contract (if you work for remuneration, you have another paid job (service) - for example, seasonal, temporary work, except for public works);
• registered as an individual entrepreneur;
• participate in auxiliary industries and sell products under contracts;
• work under civil contracts;
• are a member of a production cooperative (artel);
• have been elected, appointed or confirmed to a paid position;
• perform military service, alternative civilian service, service in internal affairs bodies, the State Fire Service, institutions and bodies of the penal system;
• take a full-time course of study at a general education institution, an institution of primary vocational, secondary vocational and higher vocational education or other educational institutions (and also if you were sent to study by the state employment service);
• temporarily do not work due to incapacity (for example, if you are sick), vacation, retraining, advanced training, suspension of production due to a strike;
• you are temporarily unemployed due to the fact that you were called up for military training or were involved in activities to prepare for military (alternative civilian) service; You are temporarily not working because you are performing other government duties or for other valid reasons;
• are a founder and (or) participant of an organization (organizations), unless you are a founder (participant) of public and religious organizations (associations), charitable and other foundations, associations of legal entities (associations and unions) and do not have property rights in relation to such organizations (associations).

Differences in the procedure for selling the property of an unemployed individual in a bankruptcy case

When the debtor has no money or income, the court introduces a procedure for the sale of property.

Everything here is clear and unambiguous. The property of the debtor that he had on the date of filing the bankruptcy petition, and which was identified during inspections by the financial manager, is sold. However, the person will not be sent to the streets - according to the law, not all of the debtor’s property can be sold under the hammer.

Citizens are protected by law. To respect the debtor's right to respect, honor and dignity, as well as the right to inviolability of property necessary for the existence of a citizen and his family members, the legislator, in Article 446 of the Code of Civil Procedure, determined what property cannot be recovered in a bankruptcy case.

In case of bankruptcy, an unemployed person will not be sold:

• the only dwelling and the plot below it;
• clothes, medicines, shoes, furniture, household appliances;
• equipment and means of transportation necessary for a disabled person;
• tools and professional equipment of the debtor, costing less than 10,000 rubles each, necessary for earning money.

The period for the sale and property procedure is 6 months by law, but the court extends the period at the request of the parties to the case. In practice, bankruptcy lasts from 7 to 10 months, depending on the number of creditors and the availability of property for sale at auction.

If the unemployed debtor does not have any property, the sale takes place without bidding. The financial manager makes inquiries to the state. authorities, reports on the results of the inspection to the court and the meeting of creditors, then the court declares the debtor bankrupt and releases the person from debts.

Involuntarily unemployed – a new category that may appear

It is proposed to legislatively establish the category of “forced unemployed” and include in it citizens who are not provided with work according to the function established by the employment contract on the part of their employer due to a temporary ban on its activities under the introduced regime of high alert, emergency or other special legal regime.

The “forced unemployed” are offered to be paid benefits in the manner and amount determined by the government, but not less than the average monthly salary of such a citizen and not less than the minimum wage. Payment of benefits must be made from budget funds from the date of the established ban on the employer’s activities until the moment of cancellation, the text says.

How does judicial bankruptcy of individuals proceed according to general rules?

Recognition of a citizen as insolvent through the court can take place in 3 options.

1. Debt restructuring
   — restoration of solvency by satisfying the basic requirements of creditors. In this case, debts are not written off, and the person pays them off on optimal terms - in installments for 3 years, at the Central Bank refinancing rate. In this case, it is the loans that are repaid, and the court cancels the interest and fines after the schedule is fulfilled. After fulfilling the schedule, the person does not receive bankrupt status, since he has paid off his debts.

   Debt restructuring is not suitable for the unemployed because they do not have the income to pay creditors.

   If debt restructuring is impossible, the court makes a decision to declare the debtor bankrupt and to introduce a procedure for the sale of the property of the debtor citizen.

   Read also:  Survivor's pension - who is entitled to it, the amount and how to get it + answers to readers' questions

   Sample application for transition to implementation without restructuring - 18 KB

   In order not to delay and not waste money, you need to file a petition with the court to skip the restructuring and proceed immediately to the sale of property, attach the decision of the employment center and a copy of the employment record with a notice of dismissal. Declaration of bankruptcy at the first court hearing reduces the bankruptcy period by 4-7 months.

2. Sale of property
   . The debtor provides a list of property when filing an application with the court. After introducing the procedure, the financial manager checks this information - makes requests to the state. authorities about the debtor's property, looks at the bank statement. If hidden property is discovered, or a citizen’s transactions involving the withdrawal of valuable property are challenged, these assets will also be sold.

   
   How to preserve property during personal bankruptcy. facesArticle on the topic

   If a person has no property other than a single apartment or room (and even if he does not have his own home), the sale takes place without bidding. The financial manager conducts an audit, reports the results to the court, and the debts are written off just like that.

3. Settlement agreement
   . The procedure is an agreement between the debtor and all creditors on the procedure for paying off the debt. It is applied at any stage of the bankruptcy procedure and is mandatory for implementation by the court.

   If the court approves the settlement agreement, the case is terminated without declaring the citizen bankrupt.

   For example, during the sale of property, the debtor unexpectedly received money (inheritance, won a prize), with which he can cover most of the debt to creditors, and can pay the rest later, and such an agreement becomes obsolete. The court is obliged to accept the settlement agreement of the parties and declare the case closed without declaring the citizen bankrupt.

Unoccupied

According to the law, a person has the right not to work; there are no penalties for this. The reasons may be different:

• the woman decided to take up raising children and housekeeping, because... the husband’s salary is enough for the whole family;
• a former student, before his first job, decided to devote several months to traveling around the world;
• the man left work, is looking for a new job on his own, but did not go to the labor exchange.

All these people will be unemployed. Pension and insurance contributions to state funds are not deducted for them, and work experience is not included. They are not entitled to any benefits or benefits - to do this, they need to register with the Employment Center and receive unemployed status.

Willingness to work

Which person is considered unemployed? The fourth circumstance characterizing the legal term of the unemployed is the individual’s readiness to begin work that is suitable for him. In turn, a person’s refusal to realize an opportunity related to employment serves as a valid reason for depriving him of his unemployed status. However, there is an exception. People are considered unemployed if they want to work, but the employment options offered to them by the public employment service are not suitable for them. Thus, vesting a citizen with responsibilities for suitable employment as a condition for his recognition as unemployed can in no case be considered as a violation of the principle that argues for the free disposal of one’s own abilities to work. This provision is enshrined directly in Article 37 of the Constitution of the Russian Federation.

Who is considered unemployed and can go to the employment center? An individual is given the status of unemployed when the relevant government agencies cannot offer him a suitable job. It is for this reason that he is deprived of the opportunity to receive money for subsistence. It is important to add that a person’s refusal to find employment directly in a suitable place indicates that the employment service authorities are fulfilling their own responsibility related to providing the individual with suitable employment. Nevertheless, every person is endowed with the right to refuse absolutely any job offered by the relevant government bodies, in other words, to freely manage their own abilities to carry out work activities.

Employment centers

The employment service is the main institution that determines the rights and responsibilities of the unemployed, determines their legal status, and the payment of benefits. A non-working person needs to fulfill all obligations regarding these centers. You should attend it on time and submit a report on the results of the interview. In addition, you need to actively look for work, without waiting for offers and referrals.

Unemployed people registered with employment services have certain advantages. They can undergo free training and receive information about new jobs. In addition, the non-working population is entitled to certain payments. Employment service vacancies allow a person to both wait for an offer in an old profession and learn a new one. Their list is periodically updated, so everyone who wants to will sooner or later find a suitable place.

Is it possible to issue a loan?

Banks are wary of issuing loans to citizens who are not officially employed anywhere, and therefore issuing a loan to the unemployed seems more like a fairy tale than a reality, since there is a high probability that the debt will not be repaid. But there are exceptions here, since not all banks adhere to such a policy.

It’s worth mentioning right away that financial organizations issue loans to the unemployed at a very high interest rate.

1. Express loans issued by banks on a par with consumer loans. For a loan, you do not need proof of income, and the only documents you will need are a passport and TIN. The rate is 50-60% per annum.
2. A microloan, the amount of which does not exceed 30-40 thousand rubles, is issued at a very high interest rate (up to 70% per annum) and for a short period (2-3 weeks). The advantage of such a loan is that it can be applied for online, and the money will be transferred to a card or e-wallet.
3. A credit card is also an available option for unemployed people. The main condition of a loan is to pay interest on time. But here, in addition to the high interest rate, there is a significant disadvantage - after repaying the loan, you need to control the closure of the card.
4. A loan secured by real estate or a car is one of the guaranteed ways to obtain a loan regardless of the amount. But before you take out such a loan, you need to be sure that it is possible to definitely repay it, since otherwise you may be left without a roof over your head or a means of transportation.

Of course, having the status of “unemployed” is unpleasant, but it also has its advantages. Perhaps it will allow you to find something you like, open your own business, have a stable income and not need anything else.

Benefit amount

According to our legislation, payments are made to the unemployed in the Russian Federation. Of course, this issue worries them most. However, in order to receive the maximum amount, certain conditions must be met. So, in the first three months, the benefit amount is calculated as 75% of the average salary from the last place of work. For the next four months, this figure will be 60%, then it drops to 45%. At the same time, restrictions are established: the amount of the benefit cannot be less than 850 rubles and more than 4900 rubles. Such tariffs have been in effect since 2009 to this day. In the future, it is expected that the maximum amount will be raised to 8,000 rubles.

The minimum amount of payments, according to the law regulating the rights and obligations of the unemployed, is claimed by people who are employed for the first time. This category also includes those who registered with the service after a year or more break from work, and persons who worked for an individual entrepreneur. Those dismissed for violation of discipline or at their own request can count on a larger amount.

Work ability as a weighty argument

A representative of which category of the population can be considered unemployed? Firstly, one way or another, he must be able to work. In accordance with paragraph three of article three of the Law “On Employment in the Russian Federation,” an individual’s ability to work appears when he reaches the age of sixteen. Thus, after sixteen years of age, a citizen is considered to be among the working population due to legislation regarding the issue of employment.

By the way, this is why, as a rule, he is given the obligation to prove his own ability to work. Most people know that Article 63 of the Russian Labor Code establishes the general age category for labor activity as sixteen years. It is worth adding that for certain groups of people the age for entry into work in accordance with the above article has been reduced to fifteen or fourteen years. In addition, some categories may be involved in certain types of creative employment up to the age of fourteen.

Thus, in some situations, the law recognizes persons who have reached the age of fifteen or fourteen years, and sometimes have not reached the age of fourteen, as able to work. It is in relation to these individuals that the Law “On Employment of the Population in the Russian Federation”, in the part where only individuals who have reached the age of sixteen are recognized as able-bodied, contradicts Article 63 of the Russian Labor Code, which allows certain circumstances for recognizing as able-bodied fifteen- and fourteen-year-old adolescents, and sometimes those who has not yet reached the age of fourteen. Such a striking contradiction is resolved by referring to Article 63 of the Labor Code, which, in accordance with the requirements of Article Five, is given absolute priority over other federal laws in the field of labor (even before the Law “On Employment in the Russian Federation”).

Which citizens are considered unemployed? Due to the information presented in this chapter, able-bodied persons who have not reached the age of sixteen may demand to be recognized as unemployed if other circumstances are proven that distinguish such a broad legal concept.