MINISTRY OF LABOR AND EMPLOYMENT OF THE POPULATION OF THE RYAZAN REGION
RESOLUTION
About the maximum distance suitable job from the place of residence of unemployed citizens and citizens registered in order to find suitable work
(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 Russian Federation dated 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 dated 07.09.2012 N 891 "On the procedure for registering citizens in order to find suitable work, registering 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 locality in the absence of a network public transport(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, ensuring 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 the 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.
Firstly, it fills with concrete content the general constitutional wording on the freedom to choose the type of occupation and profession, fixing the employment criteria for which it is necessary to take into account individual features and employee requirements.
Third, 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 support 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 is considered such Job, 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 his last place of work (service), with the exception of paid public works, as well as the state of health; transport accessibility of the workplace. 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.
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 that an unemployed person can apply for and that 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 dissimilar in nature and functions to 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 satisfaction of his work, the material and moral interest of the employee in the rapid acquisition of a new job and constructive cooperation with the employment service.
Paid work, 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 labor law and other regulatory legal acts containing labor law norms (hereinafter referred to as labor legislation), is considered suitable for citizens:
- first job seekers(previously not working) and at the same time not having qualifications;
- fired more than once during the 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 who left the members of the peasant (farm) economy in accordance with the procedure established by the legislation of the Russian Federation;
- seeking to renew labor activity after a long (more than one year) break, as well as those sent by the employment services for training and expelled for guilty actions;
- who refused to undergo vocational training or receive additional vocational education after the end of the established period for the payment of unemployment benefits;
- who have been registered with the employment service for more than 12 months, and who have not worked for more than three years;
- who applied to the employment service after the end of seasonal work.
The selection of work for such citizens requires their preliminary labor adaptation, and therefore any paid job that meets the requirements of labor legislation and other regulatory 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 affect the level of their vocational training Therefore, it seems that for such citizens, a job that corresponds to their professional suitability, taking into account the level of professional training, should be recognized as suitable.
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 citizen's age, physical characteristics, the presence of a chronic disease, as well as a predisposition to certain types of diseases are taken into account. 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. However, the submission of such documents is not required under the Employment Act. The only exceptions are persons recognized as disabled. They must submit an individual rehabilitation program for 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.
- 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 (service). 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 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.
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) those 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 September 7, 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 for the last 3 months at the last place of work of a citizen, conclusions 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 that carry out educational activities Suitable work is considered to be work, including work of a temporary nature, which corresponds to the profession (specialty), 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, who have not previously worked and do not have a profession (specialty), the offer of the same vocational training option or additional vocational 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 constituent entity of the Russian Federation in accordance with the established procedure, a job cannot be considered suitable if the proposed earnings are lower than the subsistence minimum calculated in the constituent entity of the Russian Federation in accordance with the established procedure.
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 at the labor exchange, no more than 2 job referrals should be issued at the same time.
Article 13. Criteria for the selection of a suitable job. 1. For citizens who lost their jobs and earnings during the year before applying to the labor and employment authorities, work is considered suitable, 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 public works), state of health, transport accessibility of the workplace.
2. Paid work, including temporary work, requiring or not requiring (taking into account the age and other characteristics of citizens) preliminary training, including public works that do not require preliminary professional training that meets the requirements of the labor legislation of the Russian Federation, is considered suitable for the following categories citizens:
- looking for a job for the first time (previously not working), who do not have a profession (specialty), with the exception of persons who have graduated from educational institutions of vocational education;
- who had a long (more than 3 years) break in work;
- dismissed more than once during one calendar year preceding their recognition as unemployed, for violations of labor discipline and other guilty actions provided for by labor legislation;
- engaged in entrepreneurial activity before applying to the labor and employment authorities;
- 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;
- registered with the labor and employment authorities for more than 18 months;
- sent by the labor and employment authorities for training and expelled for guilty actions or arbitrarily stopped training without good reason;
- applied to the labor and employment authorities after the end of seasonal work;
- Released from places of deprivation of liberty.
3. Transport accessibility of the workplace provides for the following gradations of the maximum travel time from the place of residence to the proposed work:
- for the disabled, pregnant women - up to 45 minutes;
- for single parents and large families, women raising children under the age of 14 and disabled children under the age of 18, as well as citizens caring for a sick family member in accordance with a medical report - up to 1 hour;
- for other categories of citizens - within the city limits.
4. A job cannot be considered suitable if it is associated with a change of residence without the consent of a citizen, working conditions do not comply with the rules and regulations on labor protection, the proposed salary is lower than the average salary of a citizen calculated for the last three months at the last place of work. This provision does not apply to citizens whose average monthly earnings exceeded the average wages in the city of Moscow. In this case, a citizen can be sent to work if the earnings are not lower than the average wage in the city of Moscow on the day the citizen is registered as unemployed.
Work with earnings below the average earnings of a citizen, calculated for the last three months at the last place of work, can only be offered with the consent of the citizen.
Article 4 Suitable and inappropriate work
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 professional training, 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.
Information about changes: federal law No. 122-FZ of August 22, 2004 amended paragraph 2 of Article 4 of this Law with effect from January 1, 2005.
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.
Information on changes: By Federal Law No. 367-FZ of December 27, 2009, paragraph 3 of Article 4 of this Law was amended with effect from January 1, 2010.
See the text of the paragraph in the previous edition
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, which 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:
looking for a job for the first time (previously not working) and at the same time not having 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; 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;
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, 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.
Information on changes: By Federal Law No. 175-FZ of July 17, 1999, paragraph 4 of Article 4 of this Law was amended with effect from the day the Government of the Russian Federation established the subsistence minimum in accordance with the Federal Law "On the subsistence minimum in the Russian Federation"
See the text of the paragraph in the previous edition
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.
GUARANTEE: See comments on Article 4 of this Law
Information on changes: Federal Law No. 122-FZ of August 22, 2004 amended Article 5 of this Law, which shall enter into force on January 1, 2005.
See the text of the article in the previous edition
Decree of the Government of the Russian Federation of September 7, 2012 N 891 "On the procedure for registering citizens in order to find a suitable job, registering unemployed citizens and requirements for selecting a suitable job"
Requirements
to find the right job
1. This document defines the requirements for the selection of citizens,
registered for the purpose of finding a suitable job (hereinafter -
registered citizens), and unemployed citizens of suitable employment.
2. Finding suitable jobs for registered citizens and
unemployed citizens is carried out on the basis of information about free
jobs and vacancies contained in the register
recipients public services in the area of employment
employers.
3. The selection of a suitable job is carried out taking into account the profession
(specialty), position, type of activity, level of professional
training and qualifications, experience and work skills, the size of the average
earnings calculated for the last 3 months at the last place of work
transport accessibility of the workplace, as well as the requirements of the employer
to the candidacy of the employee contained in the information on free workers
places and vacancies.
4. Registered citizens who did not present when registering for
registration of documents confirming the professional
qualifications, level of professional training, experience and work skills,
in the field of employment - employers offer paid
work, including work of a temporary nature that does not require prior
training that meets the requirements of the labor legislation of the Russian
Federation and other regulatory legal acts containing labor standards
rights, taking into account the transport accessibility of the workplace, as well as
requirements of the employer to the candidacy of the employee contained in the information
about vacancies and vacancies.
5. When choosing a suitable job, the transport accessibility of the worker
location is determined taking into account the maximum distance of suitable work from
places of residence of registered citizens and unemployed citizens.
6. For registered citizens who have registered
within 12 months after dismissal for any reason, suitable
considered work, including work of a temporary nature, which
corresponds to the professional suitability of the employee, taking into account the level
vocational training, conditions of the last place of work (for
with the exception of paid public works), the state of health of citizens
and transport accessibility of the workplace.
7. For registered citizens looking for a job for the first time (not previously
working), having a profession (specialty), who have embarked on
registration within 12 months after graduation from
institutions of vocational education, suitable work is considered to be in
including work of a temporary nature, which corresponds to the profession
(specialty), taking into account the level of professional training, the state
health of citizens and transport accessibility of the workplace.
8. Registered citizens who are looking for a job for the first time have not previously
who worked and at the same time do not have a profession (specialty), is issued not
more than 2 offers of vocational training or referrals to
paid work, including work of a temporary nature requiring or
not requiring (taking into account the age and other characteristics of citizens)
preliminary training that meets the requirements of labor
legislation of the Russian Federation and other regulatory legal acts,
9. Paid work, including work of a temporary nature and
public works, requiring or not requiring (taking into account age and
other characteristics of citizens) preliminary training that meets
requirements of the labor legislation of the Russian Federation and other
normative legal acts containing labor law norms is considered
suitable for registered citizens and unemployed citizens:
a) laid off more than once during the year preceding
the beginning of unemployment, for violation of labor discipline or other perpetrators
actions provided for by the legislation of the Russian Federation;
b) terminated individual entrepreneurial and other
activities that came out of the members of the peasant (farm) economy in
the procedure established by the legislation of the Russian Federation;
c) seeking to resume employment after a long
(more than 1 year) break;
d) sent by state institutions of the employment service
population for training and expelled for guilty actions;
e) those who refused to improve (restore) their qualifications according to the existing
professions (specialties), get a related profession or pass
retraining after the end of the first benefit period
unemployment;
f) registered in state employment service institutions
population over 18 months;
g) who have not worked for more than 3 years;
h) applied to government agencies employment services
population after the end of seasonal work.
10. When selecting registered citizens and unemployed citizens
suitable work is not allowed:
a) offer the same job option twice, and for
citizens who are looking for work for the first time, who have not previously worked and at the same time do not have
professions (specialties), offering the same option
training twice;
b) referral to jobs without taking into account the development of the network
public transport, providing transport accessibility
workplace;
c) a job offer that involves a change of residence
citizens without their consent;
d) a job offer, the working conditions of which do not meet
rules and regulations on labor protection;
e) offer of a job, 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 value
subsistence minimum of the able-bodied population, calculated in the subject
Russian Federation in the prescribed manner, suitable cannot
the minimum calculated in the subject of the Russian Federation in the established
11. Registered citizens and unemployed citizens who have
several professions (specialties), selection of suitable work
is carried out taking into account the available professions (specialties), the level
professional training, experience and skills.
12. When offering a suitable job to registered citizens and
job referrals are issued to unemployed citizens. Candidates of citizens
if they agree to a suitable job, are agreed with
employers.
Registered citizens and unemployed citizens are issued no
13. In the absence of suitable work, registered citizens and
Unemployed citizens, with their consent, may be offered:
a) referral to work in a related profession (specialty);
b) referral for participation in paid public works;
c) participation in job fairs and training jobs;
d) professional orientation in order to choose a field of activity
(professions), employment and vocational training;
e) sending unemployed citizens for temporary employment,
experiencing difficulties in finding a job, unemployed citizens aged from
18 to 20 years old from among the graduates educational institutions primary and
secondary vocational education, looking for a job for the first time.
14. Minor registered citizens over the age of 14
up to 18 years of age may be offered temporary employment in free from
study time.
15. Candidates of registered citizens and unemployed citizens in
if they agree to work in a related profession (specialty) or
participation in paid public works and temporary employment
agreed with employers.
Orlova, teacher primary school, turned to the employment service with a request to send her to retrain the profession of an accountant.
Which citizens and in what cases does the employment service send for retraining?
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