Rights and responsibilities of the unemployed. Legal status of the unemployed. Payments to the unemployed

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Published: 05/22/2016

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Unemployed citizens are identified by labor legislation as a separate category, since they are socially unprotected and require government support.

To obtain this status, a citizen must have certain characteristics and be registered with the Employment Center. After official registration with this body as an unemployed person, a citizen receives both certain rights and guarantees, as well as some responsibilities .

• Status of unemployed in labor legislation Is able to work
• Has no income or job
• Looking for a suitable job and ready to start it
• Registered with the employment service for the purpose of employment

If unemployment hits unexpectedly

It is necessary to understand that if a person crosses the threshold of an organization with a work book in his hands, this does not make him unemployed. According to the law, this category of the population includes able-bodied citizens who do not have earnings or income, are registered with employment services, receive monthly benefits, are looking for work and are always ready to start it. It turns out that if a person has lost his job, he first needs to register with special authorities. It is possible that he will not be unemployed if he immediately finds a suitable job.

To register, the following documents are required: passport, work book, certificate of income for the last three months and diploma. After 11 days after being added to the list of unemployed, the person will be paid benefits. Job vacancies in the employment service can be very diverse: from a loader to a manager. The unemployed person must choose whether to wait for an offer or retrain for a new profession.

What does a businessman need to do to get help?

What requirements must a businessman fulfill in order to participate in the program?

Employers registered before 01/01/2021 are allowed to participate in the program.

The employer must not have:

• debts on taxes and fees, penalties and fines;
• debts to return to the federal budget previously received subsidies and budget investments;
• salary debts;
• share of participation of foreign companies in the authorized capital - more than 50%;

We are talking about foreign companies that provide preferential tax treatment and are included in the register of the Ministry of Finance of the Russian Federation (Order No. 108n dated November 13, 2007).

• disqualified managers (director, chief accountant);
• preferential loan for business restoration.

In addition, the employer must not be in the process of bankruptcy, reorganization, liquidation, termination or suspension of its activities.

Stage 1 . Filling out an application (application) to the Employment Center for employment of the unemployed.

Stage 2 . Employment of unemployed citizens who were selected by the Employment Center.

The employer must:

• employ an employee full-time;
• pay him a salary not lower than the minimum wage (12,792 rubles).

We have already noted the disadvantages of selecting citizens by the Employment Center. For them, the priority is the employment of a certain category of citizens experiencing difficulties. For example, disabled people, people released from prison, refugees, internally displaced persons.

Stage 3. Submitting an application to the FSS.

What is the deadline to apply for the money?

The application must be submitted no later than November 1, 2021 and no earlier than a month after the unemployed person is hired.

Stage 4. Checking the FSS application.

Stage 5. Receiving a subsidy.

Rights of the unemployed

The non-working population, like any other category of citizens, has its own rights and responsibilities. The state, for its part, ensures the fulfillment of all guarantees that are provided to a person. Rights of unemployed citizens:

• choose the place of future employment independently, not only within the country;
• consultation with specialized services and training;
• free retraining for a new profession, training and retraining, the opportunity to take advanced training courses;
• receive a monthly allowance;
• take part in community service.

In addition, the state provides separate guarantees for certain categories of citizens. For example, people with disabilities have employment quotas.

Responsibilities of the non-working population

The legal status of the unemployed, his rights and obligations are enshrined in the Law “On Employment in the Russian Federation”. Therefore, all actions of such a person are clearly regulated. Among the responsibilities of a citizen who does not have permanent employment are:

• active job search;
• provision of originals (photocopies of documents cannot be attached);
• if the employment center sends you for an interview, be sure to attend it;
• periodic re-registration.

Many experts believe that re-registration at least twice a month is the main duty of the unemployed. In practice, a person may lose this status if he does not visit the employment service where he is registered. In addition, receiving benefits fraudulently is not allowed. Therefore, in case of illness or taking part-time work, you must inform the inspector.

§ 3. legal status of the unemployed and the concept of suitable work

§ 3. legal status of the unemployed and the concept of suitable work

In the transition period of the Russian economy, unemployment is expected, which is, as a rule, an inevitable element of a market economy.
At the same time, the task of state policy in this area is to counteract its excessive growth, to limit it to a level acceptable for the state and society (within 5-10% of the economically active population, according to international social and labor standards). By the end of the first quarter of 1999, according to the Government of the Russian Federation, unemployment in Russia amounted to 8.9 million people, that is, 12.4% of the country's working population. The situation is supposed to be mitigated with the help of a special employment program adopted by the Russian Government. Meanwhile, these figures do not reflect the real situation on the Russian labor market.

According to trade unions, it is also necessary to take into account the 10% of underemployed people, as well as 5 million people, or 7% of the economically active population, who have not received wages for a long time and are actually unemployed.

It should be noted that the level of acceptability of unemployment is determined by a combination of socio-economic and socio-political “limiting factors”. Of particular importance among them is the need to support the volume of the product and contributions to various budgetary and extra-budgetary funds from the production and income of workers, including the fund for maintaining the unemployed. Meanwhile, there is not only an acceptable upper limit on the scale of unemployment, but also a minimum acceptable level. It involves structural retraining of the workforce at enterprises, often associated with the need to release excess labor.

The legal status of an unemployed person, as well as the legal status of a working person, includes the basic rights and responsibilities that the state grants to a citizen who has lost his job. Its content is regulated by the Law of the Russian Federation “On Employment of the Population in the Russian Federation” (as amended on April 20, 1996), the Regulations on the organization of work to promote employment in conditions of mass layoffs dated February 5, 1993, the Procedure for registering unemployed citizens, approved by Government Decree RF January 2, 1997, Regulations on the organization of public works dated July 14, 1997 and some other regulations of the Russian Federation.

Along with federal authorities and management, constituent entities of the Russian Federation can and should participate in regulating the legal status of the unemployed. In accordance with the federal law on employment, the republics that are part of the Russian Federation and other subjects of the Federation, within their competence, resolve in full issues related to the development and implementation of employment policies (taking into account national, economic and cultural characteristics), ensuring the implementation of citizens' rights provided for by federal laws and other regulations (clause 2, article 7 of the Law). It should be taken into account that the determination of the minimum and mandatory standards for all subjects of the Federation for the social and economic protection of citizens from unemployment is the responsibility of the Russian Federation, represented by its state authorities and management. Taking this into account, the legislation of the constituent entities of the Federation and decisions of their executive bodies, as well as

collective agreements (and other agreements) may

other conditions and procedure for payment of benefits will be provided

on unemployment, clarification of the criteria for suitable work, remuneration for work in paid public works, as well as scholarships during the period of study at the expense of the republics’ own funds and other subjects of the Federation (clause 3, article 7 of the Law). The same principle is enshrined here as adopted in the field of labor relations and formed in Art. 5 of the Labor Code: on the inadmissibility of contract terms that worsen the employee’s position in comparison with the law.

So, the legal status of the unemployed includes the legal definition of the concept of the unemployed, his rights and obligations, legal liability, social guarantees and compensation provided in case of loss of work and in other cases. Of course, not every citizen who loses his job acquires the legal status of unemployed. Unemployed

Citizens are recognized who: a) are able to work;

b) do not have a job and no income (this does not take into account severance pay and average earnings paid upon dismissal from the enterprise, as well as payment for performing public works in the direction of the employment service); c) registered with the employment service in order to find a suitable job and are ready to start work. Thus, the unemployed are citizens who do not have a job, but are able-bodied citizens who are looking for work and are ready to start it, registered as such by the employment service (by the way, homeless people are not ready to work, and therefore are not considered unemployed).

In addition, in accordance with the above “Procedure for registration of unemployed citizens,” those who are not employed within 10 days from the date of their registration in order to find a suitable job are recognized as such. The date of registration of a citizen as a citizen as an unemployed person is the date the employment authority makes a decision to recognize him as unemployed.

The working capacity of citizens is determined taking into account two circumstances: age and health status. According to the law, it is not allowed to employ persons under 15 years of age (Article 173 of the Labor Code), therefore, the lower age limit from which full working capacity begins is considered to be 15 years. The legislation of the Russian Federation does not establish an upper age limit for working capacity. As for the state of health, persons who are disabled people of groups I and II cannot be able to work, since, in accordance with pension legislation, they have completely lost their ability to work under normal conditions.

Another condition for recognizing citizens as unemployed is the lack of work and earnings. Work involves employees using their physical or mental labor for a certain part of calendar time, the specific days and hours of which are established on the basis of legal norms for the duration of work, routine or work schedule, etc. In this case, “work” means full-time and part-time work, including temporary seasonal work, as well as all types of activities in connection with which the legislator classifies certain citizens as employed.

A necessary condition, as already noted, for recognizing a citizen as unemployed is his readiness to start work. At the same time, legal norms do not define clear categories of this concept, except in the case when an employee refuses a suitable job (more on this below, when we talk about those who cannot be recognized as unemployed).

Able-bodied citizens who do not have a job or income, who are looking for work and are ready to start it and who have contacted employment authorities in order to find a suitable job (hereinafter referred to as unemployed citizens) are registered in accordance with the above Law of the Russian Federation “On Employment of the Population in the Russian Federation” , as well as “The procedure for registering unemployed citizens.”

In particular, registration of unemployed citizens is carried out by employment authorities at the place of residence in the following sequence:

initial registration of unemployed citizens;

registration of unemployed citizens in order to find suitable work;

registration of citizens as unemployed;

re-registration of unemployed citizens.

For each stage of registration, employment authorities maintain separate registration records of unemployed citizens. The form of documents for maintaining registration records of unemployed citizens is established by the Ministry of Labor and Social Development of the Russian Federation.

Before revealing the content of each of the above stages, we note that the provision of services to citizens in the field of promoting employment and protection against unemployment, and the provision of information on employment issues is free of charge. To a certain extent, the “Regulations on vocational guidance and psychological support of the population in the Russian Federation” (hereinafter referred to as the Regulations), approved by the resolution of the Ministry of Labor and Social Development of the Russian Federation dated September 27, 1996 (No. 1), is aimed at this. It states, in particular, that employment centers, regional centers for vocational guidance for unemployed citizens and employment in Russia provide mandatory career guidance services, namely:

inform and advise citizens applying to employment services in order to choose (change) the field of activity, type of professional training, retraining and employment;

provide professional counseling to unemployed citizens in order to facilitate the choice of the optimal type of employment, taking into account their interests, needs and capabilities, as well as the socio-economic situation in the labor market.

Now let's return to the phased registration of unemployed citizens.

The initial registration of this category of the population is carried out in order to record the total number of unemployed citizens who contact the employment authorities (at their place of residence) to obtain the necessary information. During initial registration by employment authorities, the registration documents indicate: last name, first name and patronymic of the citizen who applied, address of residence, age and gender, education, specialty (profession), attitude to employment, reason for application and a summary of the service provided on the stated issue.

To register in order to find a suitable job, unemployed citizens submit to the employment authorities (at their place of residence) a certificate of average earnings (income, salary) for the last three months from their last place of work (service), issued in the prescribed manner, and present:

passport or other identity document;

work book or other documents confirming work experience;

documents certifying professional qualifications.

Citizens looking for work for the first time (who have not previously worked) and who do not have a profession (specialty) present a passport or other identification document and a document on education.

Disabled persons, in addition to the specified documents, submit a work recommendation, a conclusion on the recommended nature and conditions of work, or an individual rehabilitation program for a disabled person, issued in the prescribed manner.

Other citizens who have restrictions in their work activities due to health reasons also submit appropriate, properly executed documents.

Registration of unemployed citizens in order to find suitable work, as already noted, is carried out at the place of residence of citizens with all the necessary documents.

Here it is necessary to give an interpretation of “suitable and unsuitable work”, which is defined in Article 4 of the Law of the Russian Federation “On Employment of the Population in the Russian Federation”. According to the Law, work is considered suitable, including work of a temporary nature, that corresponds to the professional suitability of the employee, taking into account the level of his professional training, state of health, and transport accessibility of the workplace. At the same time, the maximum distance of suitable work from the place of residence of the unemployed is determined by the relevant local government bodies, taking into account the development of the public transport network at the moment.

Any paid job is considered suitable, including work of a temporary nature, requiring or not requiring preliminary training (taking into account the age and other characteristics of citizens) for citizens: 1) seeking work for the first time (who have not previously worked) and who do not have a profession (specialty); 2) those who refuse to restore their qualifications in their existing specialty (profession) in order to obtain a related profession or undergo retraining after the end of the initial (12-month) period of unemployment; 3) those who have been employed by the employment services of the population for more than 18 months, as well as those who have not worked for more than three years; 4) who are members of the employment service after the end of seasonal work.

A job cannot be considered suitable if: 1) it involves a change of place of residence without the consent of the citizen; 2) working conditions do not comply with labor protection rights and standards; 3) the proposed earnings are lower than the average earnings of a citizen, calculated over the last three months at the last place of work. This provision does not apply to citizens whose average monthly earnings exceed the current average wage. In this case, a job cannot be considered suitable if the salary offered is below the average salary in the territory of a particular subject of the Russian Federation.

Employment authorities, within ten days from the date of registration of a citizen in order to find a suitable job, should, if possible, offer the waiting citizen two options for suitable work, including work of a temporary nature. A person seeking work for the first time, that is, who has not previously worked or does not have a profession (specialty), is offered two options for obtaining vocational training or paid work, including temporary work.

As an option for assistance in finding employment, a citizen may be offered a plan to independently search for a job.

Providing assistance to unemployed citizens in finding suitable work, taking into account the availability of vacancies (positions) in the information bank of employment authorities, is considered mandatory. In this case, it is not allowed:

sending citizens to jobs located outside of transport accessibility (maximum distance). Transport accessibility of suitable work from the citizen’s place of residence is determined by the relevant local government body, taking into account the development of the public transport network in the area;

sending citizens to organizations for the purpose of employment without confirmation by these organizations that they have vacant jobs (positions);

inviting citizens to employment authorities more than once every two weeks, except for cases related to invitations regarding offers of suitable work or participation in specialized employment assistance programs.

Along with this, unemployed citizens registered in order to find a suitable job, in the absence of one, may be offered, at their request, participation in paid public work.

Legal norms provide for the activities of employment service bodies in the event that it is impossible to provide unemployed citizens with suitable work due to the lack of the necessary professional qualifications of unemployed citizens. Under such circumstances, they may be offered to undergo vocational training (retraining) and improve their qualifications as directed by employment authorities. Please note that for each unemployed citizen registered in order to find a suitable job, a personal file is drawn up in accordance with the requirements of the Ministry of Labor and Social Development of the Russian Federation.

As already mentioned, the next stage in determining the status of the unemployed is the registration of citizens as unemployed. In these cases, unemployed citizens registered in order to obtain a suitable job present the following documents on the day established for registering them as unemployed:

passport or other identity document;

work book or other documents confirming work experience;

documents certifying professional qualifications.

If the need arises, citizens may be asked to submit additional documents, in particular, about average earnings for the last three months at their last place of work (service). Persons seeking work for the first time (who have not previously worked) and who do not have a profession (specialty) present a passport or other identification document and a document on education. Disabled persons, in addition to the specified documents, present an individual program for their rehabilitation, issued by the state service of medical and social examination.

It should be said that employment authorities have the right to verify the authenticity of the documents presented.

Registration of a citizen as an unemployed person occurs on the basis of a decision by employment authorities to recognize a citizen as unemployed, taken no later than 11 calendar days from the date of his registration in order to find a suitable job.

According to current legal norms, the following citizens cannot be recognized and registered as unemployed:

a) under 16 years of age;

b) persons who have been assigned an old-age pension (by age, as well as for length of service);

c) those who, within 10 days from the date of registration with the employment authorities, refused two options for suitable work, including temporary work, and first-time job seekers (who have not previously worked) who do not have a profession (specialty) in the case of two refusals to receive vocational training or from offers of paid work, including temporary work. At the same time, a citizen cannot be offered the same job (vocational training in the same profession, specialty) twice;

d) who failed to appear without good reason within 10 days from the date of their registration in order to search for suitable work to the employment authorities for the purpose of offering them suitable work, as well as those who failed to appear within the period established by the employment authorities for registering them as unemployed ;

e) sentenced by a court decision to correctional labor without imprisonment, as well as punishment in the form of imprisonment.

In cases where a citizen is denied recognition as unemployed in the prescribed manner, after two weeks he has the right to re-apply to the employment service authorities to resolve the issue of recognizing him as unemployed. If registration as unemployed is refused, the employment service authorities must notify this citizen orally or in writing of such a decision, that is, of the reasons for the refusal.

The duties of citizens recognized as unemployed, as follows from Article 19 of the “Procedure for Registration of Unemployed Citizens,” include re-registration within the time limits established by the employment authority, but at least twice a month. In this case, unemployed citizens are required to present a passport and work book or other documents provided for in paragraph 14 of the Procedure in question.

Let us note that the unemployed retain all the rights generally recognized as human beings and citizens. The state has established additional rights and guarantees for this category of citizens (Articles 27-34 of the Law of the Russian Federation “On Employment of the Population in the Russian Federation”). As a rule, they are divided into two groups.

First, unemployment rights:

receiving state assistance in employment;

getting help in organizing your business;

the opportunity to participate in paid public works;

temporary but state-guaranteed employment.

Secondly, the right to receive material and social support during unemployment:

unemployment benefit;

providing compensation to employees released from enterprises, organizations and institutions;

financial support for the period of temporary disability;

payment of scholarships during professional training;

early registration of old-age pension;

compensation for expenses in connection with voluntary relocation to another area at the suggestion of the employment service, etc.;

preferential calculation of length of service;

material aid.

All types of benefits and other payments to the unemployed are subject to indexation in accordance with the procedure established by law. In addition, certain benefits and compensation may be provided for unemployed citizens by collective agreements and agreements.

It must be said that every state (and Russia is no exception), of course, is interested in reducing the number of unemployed citizens and, if possible, eliminating unemployment. A citizen cannot or should not be permanently unemployed. Thus, Articles 22, 23 “Procedure for registration of unemployed citizens” provide grounds for deregistration. This is carried out in the following cases:

1) recognition in accordance with the legislation of Russia on the employment of citizens as employed;

2) undergoing professional training, advanced training or retraining as directed by employment authorities with the payment of a stipend;

3) failure to appear without good reason within 10 days from the date of their registration in order to search for a suitable job to the employment authorities for the purpose of offering them a suitable job, as well as failure to appear within the period established by the employment authorities for registering them as unemployed;

4) long-term (more than a month) failure to appear at employment authorities without good reason;

5) establishment of abuse by citizens (concealment of earnings (income), submission of documents containing deliberately false information, as well as submission of other false data for recognition as unemployed, etc.);

6) moving to another area;

7) sentence to correctional labor without imprisonment, as well as to punishment in the form of imprisonment;

appointment, in accordance with the pension legislation of the Russian Federation, of an old-age pension (by age), for length of service.

Removal of the unemployed from registration is carried out on the basis of a decision of the employment authority.

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.

Duties and Responsibilities

About free legal assistance
Similar to rights, responsibilities are formed based on the axiom of actively searching for work instead of the desire for prolonged inactivity.

Responsibilities include:

1. Re-registration carried out every two weeks. The procedure includes:
   provision of a kind of report by the citizen on search attempts made in the form of submitting referrals indicating the motivation for refusal;
2. analysis by an exchange employee of the reasons for the difficulty of employment and offers of training or retraining;
3. proposals for new directions for existing vacancies;
4. involvement in community service;
5. accrual of benefits for the period elapsed from the date of previous re-registration.

1. Obligation to appear for re-registration at the pre-arranged time:
   sober;
2. In case of illness, a certificate of incapacity for work serves as a supporting document for absence.

1. Visiting employers in directions issued by the employment center within 3 working days from the date of issue. Refusal by the unemployed of 2 suitable jobs suspends the payment of benefits.
2. Providing reliable information. If a citizen has hidden income, is registered as an individual entrepreneur, or is the founder of a commercial company, then he is deprived of the right to receive benefits. Concealing information is considered fraud with the ensuing legal consequences.

If obligations are not fulfilled, the employment fund suspends the accrual of payments, reduces the amount of benefits in monetary terms and deprives the person of unemployed status with a complete cessation of funding and the provision of benefits and guarantees.

The employment center plays the role of an ally in employment, represents an intermediate stage between the former and future employer, giving rights and guarantees and demanding the fulfillment of obligations.

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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.

Contract agreement and service agreement - how do they differ from an employment contract?

How I looked for a job through the employment center

An alternative to an employment contract are civil law contracts (CLA) that are often used in practice:

• on the provision of services;
• contract;
• author's;
• agent

Work under these types of contracts is subject to the norms of civil law, in contrast to the agreement, which lies within the scope of the Labor Code.

The differences between an employment contract and civil contracts are discussed in more detail in a separate summary table.

Civil contracts are often designed to disguise ordinary employment contracts, since they have a number of valuable advantages for the employer:

• the contractor under the GPC agreement performs the task assigned to him at his own peril and risk, the customer is only interested in the final result;
• the contract has a strictly defined validity period;
• after completing the assigned task, the customer pays only the agreed amount, and not all the working time spent by the contractor on completing the work;
• the period of validity of the GPC agreement is counted in the employee’s insurance period, but is not included in the length of service;
• the customer has no obligations for the employee’s social security, does not pay for vacation, sick time or business trips;
• the contract/service agreement can be terminated at any time before signing the work completion certificate at the initiative of the customer;
• The contractor uses its own equipment and materials to perform work under the GPC agreement.

This is important to know: Judicial practice: fixed-term employment contract

Important: for using a GPC agreement that replaces an employment agreement, the employer is subject to punishment in the form of a fine. The head of the organization will be required to pay from 10 to 20 thousand rubles, and the enterprise - from 50 to 100 thousand rubles

What cannot be specified in a contract

Fiscal authorities pay serious attention to the correct execution of work contracts and contracts for the provision of services by an individual. It is these types of GPC agreements that are most often used by employers to conceal the fact of labor relations

To avoid claims from regulatory authorities, the terms and wording of the contract should be used with caution. It is advisable to comply with the following conditions in a civil contract:

It is advisable to comply with the following conditions in a civil contract:

• it is impossible to link a job or service to specific labor functions or to the indication of positions according to the staffing table;
• it is necessary to have quantitative parameters of the work performed in the civil process agreement;
• the order should not be long-term, but one-time in nature;
• It is not allowed to mention the employee’s compliance with the organization’s internal regulations;
• the contractor is not provided with a workplace or the necessary equipment to complete the task;
• payment under the contract should not overlap in time with the salary payment deadlines established by the company, a fixed guaranteed amount of payments is not allowed;
• engaging a contractor under a contract to perform overtime work or sending him on a business trip at the expense of the employer.

The certificate of completion of work is a mandatory part of the GPC agreement

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

An indispensable condition for the correct drawing up of a civil contract is the execution of a certificate of completion of work upon completion of the prescribed task

The document can have any form, it is important to have the required attributes:

• document's name;
• date of;
• indication of the customer organization and contractor data;
• transfer of the completed amount of work with certain units of measurement and the amount of monetary remuneration;
• signatures and details of the contractor and the customer.

Important: since the GPC agreement is concluded for a specific period of time, in order to continue the activities of the contractor, a new agreement must be drawn up, listing a different scope of work. The acceptance certificate is drawn up in addition to each contract

Is alimony collected from an unemployed person?

As is known, in most cases, alimony is collected based on a share of the father’s salary. For example, for one child – 25%, for two – 33%, and for three – 50%. What to do if the person who is required to make payments does not have a regular income? In this case, it is recommended to receive alimony in hard cash.

If the father does not work or has no income, it is most advisable to use this method. It will allow you not to worry about payments, regardless of the debtor’s employment. It turns out that alimony is collected from the unemployed, but in a different order.

Speaking about the amount of payments, it should be noted that the cost of living of the region where the debtor lives is taken as the basis. This value changes every quarter, so be careful. The final amount of alimony is determined by the court.

The only disadvantage of a fixed sum of money is that the debtor can be employed unofficially and have a high level of income, while paying very little. In this case, you should file a lawsuit to revise the amount of alimony.

Nuances

For persons who are part-time workers, entries in the employment record are not mandatory. Part-time workers cannot work for more than 4 hours on those days when they perform their functions at their main place of employment.

On weekends, they can be hired to work part-time on a full-time basis. As a result, part-time work during the month should not exceed half of the monthly working time.

For individual entrepreneurs and LLCs Citizens engaged in individual entrepreneurship have the right to hire individuals.

To confirm employment, the parties enter into an agreement (contract), on the basis of which working conditions, required performance results and their payment are regulated.

Concluding an agreement has a number of subtleties:

• the customer does not have any obligation to pay contributions to the Pension Fund;
• does not imply payment for vacation or compensation for time spent on sick leave;
• there is no requirement to maintain a job during the employee’s maternity leave;
• there is no liability for delays in payment of earnings;
• there is no need to organize a workplace (providing computer equipment).

The conclusion of a rental agreement, the parties to which are the individual entrepreneur and an individual, allows you to determine the range of functions performed by the citizen, for the implementation of which remuneration will be paid by the individual entrepreneur.

This type does not generate labor guarantees and benefits for employees established by the Labor Code of the Russian Federation. This means that additional payments (incl.

bonuses) are provided to the employee solely at the request of the individual entrepreneur. At the same time, the individual entrepreneur does not pay insurance payments for the employee.

Between individuals Individuals who do not have individual entrepreneur status do not have the right to make entries in work books.

The performance of any work by individuals is formalized in the form of a written contract. Only those citizens who are entrepreneurs withhold and transfer taxes and insurance premiums specified in Art.

419 of the Tax Code of the Russian Federation.

Personnel documentation for an employee is not drawn up only when employees carry out their activities on the basis of civil contracts that do not give rise to the emergence of labor relations.

Without registration It is impossible to refuse employment to applicants on grounds that are not related to their professional qualities due to Art. 64 Labor Code of the Russian Federation. As such, we can consider the lack of registration and registration data. In this regard, refusal of employment to a person who has a residence permit in another city is not allowed.

Many employers violate this provision. Upon receipt of a refusal to hire, a candidate for a position may request from the employer a written justification for his decision. If such a document is available, the received refusal can be appealed.

New opportunities

As already noted, employment centers determine the rights and responsibilities of the unemployed. In this regard, an unemployed person has the opportunity to acquire a new specialty. In practice, this can be done, because in each such institution the list of professions for which they offer training is constantly updated. In most cases, these are blue-collar jobs or something like accounting. However, if a person does not intend to become a mechanic or an economist, it is possible to organize other courses.

Employment service employees collect applications from people about their desired professions and, as soon as a certain group gathers, they begin training. Moreover, while mastering a new specialty, a scholarship is paid, which is good news.

“Unemployed” status: definition and conditions for assignment

Unemployed status is a position of a citizen in which he has lost an official source of income due to loss of work. This circumstance must be confirmed by documents (dismissal order, entry in the work book), verified by departmental bodies and recorded in the Employment Center.

To assign status, you must contact the regional inspectorate for employment of citizens with an application to register with the Employment Center as an unemployed person.

Important! Until the beginning of 2021, you can submit an application online through the State Services portal. If the coronavirus situation does not improve, the deadline may be extended.

The applicant must not have existing employment relationships with employers, and, accordingly, financial income for the provision of work and services. If these two mandatory conditions are not met, unemployed status will not be granted.

The applicant can also find out about open vacancies and notify a labor exchange specialist of his desire to find a new job.

Subsidies for the unemployed

Oddly enough, the state helps the unemployed population not only by paying benefits. Thus, for this category of citizens, subsidies are offered for utility bills. They are given in case of a difficult situation and there is no debt on past payments. To receive such a subsidy, you need to submit the necessary documents and income declaration.

In some areas of our country, help in starting a business is available to the unemployed. To get it, you need to go through a special course of lectures, testing and draw up a business plan. The subsidy is issued only if the commission finds this plan promising.

We can conclude that the legal status of the unemployed is determined by the lack of permanent income and earnings. In addition, this category of the population has not only rights, but also responsibilities that must be fulfilled.

What about unemployment benefits?

The decision to grant unemployment benefits will be made simultaneously with the decision to recognize the citizen as unemployed. The amount and timing of benefit payment will be notified electronically. The resolution sets out the procedure and terms for calculating and paying unemployment benefits to various categories of citizens.

It is also stated that if unemployment benefits are received fraudulently, the amount is subject to return voluntarily or in court. In all such cases, relevant materials will be transferred to law enforcement agencies.