MINISTRY OF LABOR AND EMPLOYMENT OF THE RYAZAN REGION
RESOLUTION
ABOUT maximum distance suitable job from the place of residence of unemployed citizens and citizens registered for the purpose of searching for suitable work
(as amended by the Resolution 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 04/19/1991 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 09/07/2012 N 891 “On the procedure for registering citizens in order to find a suitable job, registering unemployed citizens and requirements for the selection of suitable work", by 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 suitable work from the place of residence of unemployed citizens and citizens registered for the purpose of searching for suitable work:
Within a populated area in the absence of a network public transport(without transport accessibility);
Within a radius of 5 km from the borders of a populated area without transport accessibility (except for minors and citizens classified as disabled);
Within a radius of 30 km from the borders of a populated area, subject to the availability of regular public transport services that ensure timely arrival to and from the place of work.
2. Consider the proposed job suitable for unemployed citizens and citizens registered to find a suitable job, if transport accessibility of the workplace is ensured vehicle an employer who delivers employees to and from work, or to public transport stops or minibuses.
3. The recommended maximum time for the distance of suitable work from the place of residence of citizens in the presence of public transport or minibus routes, 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 to find a suitable job - 1.5 hours (one way);
For citizens classified as disabled (unless the recommendations of the individual rehabilitation or habilitation program for a disabled person contain other requirements for transport accessibility of the workplace) and minor citizens - 1 hour (one way).
4. Entrust control over the implementation of this resolution to the Deputy Minister of Labor and social protection population of the Ryazan region A.A. Chetorkin.
Firstly, it fills with specific content the general constitutional formulation on freedom of choice of occupation and profession, establishing employment criteria in relation to which it is necessary to take into account individual characteristics and employee requirements.
Third, it translates the abstract opportunity to work in a chosen field of activity and in a chosen profession into the concrete right of an unemployed person to assist in obtaining a job of a certain quality and to provide material support for the period of searching for such work.
The criteria taken into account when determining suitable work are also established by 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 this 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 his state of health; transport accessibility of the workplace. The maximum distance of suitable work from the place of residence of the unemployed is determined by the employment service authorities, taking into account the development of the public transport network in the area.
One of the main characteristics of suitable work, as can be seen from the content of the above norm, is its compliance with the professional suitability of the employee, his profession (specialty), and qualifications. Therefore, when choosing a suitable job that an unemployed person can apply for and that an employment service agency can offer him, attention is first paid to the employee’s professional and qualification qualities.
If there is no job corresponding to the professional suitability of the unemployed, 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, an unemployed person can also consent to being provided with work that is dissimilar in nature and functions to his previous job, or work with lower qualifications, as well as to participate in community service, retraining or advanced training.
By establishing certain guarantees of assistance in finding suitable work from the employment service authorities, the Law also aims for active search by the unemployed themselves satisfactory work, the employee’s material and moral interest in quickly acquiring a new job and constructive cooperation with the employment service authorities.
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 legislation and other regulatory legal acts containing labor law norms (hereinafter referred to as labor legislation), is considered suitable for citizens:
- first job seekers(who have not previously worked) and who do not have qualifications;
- fired more than once within one year preceding the start of unemployment for violation labor discipline or other guilty actions provided for by the legislation of the Russian Federation;
- who have terminated their individual entrepreneurial activity who left the members of the peasant (farm) economy in the manner 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 employment services for training and expelled for guilty actions;
- those who refused to undergo vocational training or receive additional vocational education after the end of the established period for paying unemployment benefits;
- registered with the employment service for more than 12 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.
The selection of work for such citizens requires their preliminary labor adaptation, and therefore any paid work that meets the requirements of labor legislation and other regulatory legal acts containing labor law standards is considered suitable for them.
At the same time, attention should be paid to the fact that citizens who were fired more than once within one year preceding the onset of unemployment, for violation of labor discipline and other guilty actions, as well as those who ceased individual entrepreneurial activity, do not lose their professional skills. They retain their previous professional training. The reasons why they became unemployed do not in any way affect their level of unemployment. 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 considered suitable.
Those who seek to resume working activity after a long (more than one year) break, have been 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 motivation and skills for work, it is advisable to first of all 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 job, including unskilled work, should be considered suitable for this category of citizens, provided that they were offered to restore (improve) their qualifications or acquire a related specialty, but they refused.
An important criterion for a suitable job is its compliance with the health status of the potential employee. When selecting a suitable job, taking into account the state of health, the age of the citizen, his 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 Law. 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 conditions of work (clause 2 of article 3 of the Employment Law). Thus, citizens who do not belong to the category of disabled people, but who have restrictions in their work activities due to health reasons, and who have not submitted the appropriate documents, cannot demand that their health status 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 labor protection rules and regulations;
- the proposed earnings are lower than the average earnings of a citizen calculated over 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 working population (hereinafter referred to as the subsistence minimum), calculated in a constituent entity of the Russian Federation in the prescribed manner. In this case, a job cannot be considered suitable if the salary offered is below the subsistence level 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 family status of the unemployed; however, in practice, the employment service authorities take into account the wishes of unemployed citizens, and also to a certain extent take into account the suitability of the proposed job to the personal characteristics and, above all, in total, the marital status of citizens.
What are the requirements for finding a suitable job?
Such work is considered suitable, including work of a temporary nature, which corresponds to the professional suitability of the employee, taking into account the level of his qualifications, the conditions of the last place of work (with the exception of paid public works), state of health, transport accessibility of the workplace (Article 4 of the Law of the Russian Federation dated 19.04 .1991 N 1032-1 “On employment in the Russian Federation” (hereinafter referred to as Law N 1032-1).
Paid work, including temporary work and public works, which requires or does not require (taking into account the age and other characteristics of citizens) preliminary training, meeting the requirements of labor legislation and other regulatory legal acts containing labor law norms, is considered suitable for citizens:
a) those looking for work for the first time (who have not previously worked) and who do not have qualifications; dismissed more than once during the 1st year preceding the start of unemployment, for violation of labor discipline or other guilty actions provided for by the legislation of the Russian Federation; those who have ceased individual entrepreneurial activity or left the members of a peasant (farm) enterprise in the manner established by the legislation of the Russian Federation; those seeking to resume work 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 those who have not worked for more than 3 years;
d) those who contacted the employment service after the end of seasonal work.
a) it is associated with a change of residence without the consent of the citizen;
b) working conditions do not comply with labor protection rules and regulations;
c) the proposed earnings are lower than the average earnings of a citizen calculated over 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 working population (hereinafter referred to as the subsistence minimum), calculated in a constituent entity of the Russian Federation in the prescribed manner. In this case, a job cannot be considered suitable if the salary offered is below the subsistence level 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 dated 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, experience and work skills, the amount of average earnings calculated over the last 3 months at the citizen’s last place of work, conclusions on the recommended nature and working conditions, transport accessibility of the workplace, as well as the employer’s requirements for the employee’s candidacy contained in information about available jobs and vacant positions.
When selecting a suitable job, the transport accessibility of the workplace is determined taking into account the maximum distance of the suitable job from the place of residence of registered citizens and unemployed citizens.
For registered citizens who registered within 12 months after dismissal for any reason, work is considered suitable, including work of a temporary nature, which corresponds to the professional suitability of the employee, taking into account the level of his qualifications, the conditions of the last place of work (with the exception of paid public works ), the health status of citizens and transport accessibility of the workplace.
For registered citizens who are looking for work for the first time (have not previously worked), who have a profession (specialty), who are registered within 12 months after completing their studies in organizations that provide educational activities, work is considered suitable, including work of a temporary nature, which corresponds to the profession (specialty) taking into account the level of qualifications, the state of health of citizens and the transport accessibility of the workplace.
Registered citizens who are looking for work for the first time, who have not previously worked and who do not have a profession (specialty), are given no more than 2 offers of vocational training or referrals for paid work, including work of a temporary nature, 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 suitable jobs for registered citizens and unemployed citizens, the following is not allowed:
a) offering the same job option twice, and for citizens seeking work for the first time, who have not previously worked and do not have a profession (specialty), offering the same option for vocational training or additional vocational education twice;
b) referral to workplaces without taking into account the development of a public transport network that ensures transport accessibility of the workplace;
c) offering a job that involves changing the place of residence of citizens without their consent;
d) offer of work, the working conditions of which do not comply with the rules and regulations on labor protection;
e) an offer of a job whose earnings are lower than the average earnings calculated over the last 3 months at the citizens’ last place of work. For citizens whose average monthly earnings exceeded the subsistence minimum for the working population, calculated in a constituent entity of the Russian Federation in the established manner, a job cannot be considered suitable if the offered earnings are lower than the subsistence minimum, calculated in a constituent entity of the Russian Federation in the established manner.
For registered citizens and unemployed citizens with several professions (specialties), the selection of suitable work is carried out taking into account existing professions (specialties), qualification level, experience and work skills.
When suitable work is offered, registered citizens and unemployed citizens are given job assignments. Candidates of citizens, if they agree to a suitable job, are agreed upon with employers. When referring persons to potential employers at the labor exchange, no more than 2 job referrals should be issued at the same time.
Article 13. Criteria for selecting suitable work. 1. For citizens who have lost their jobs and earnings within a year before contacting the labor and employment authorities, work is considered suitable, 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 public works), health status, 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, meeting the requirements of the labor legislation of the Russian Federation, is considered suitable for the following categories citizens:
- first-time job seekers (who have not previously worked), who do not have a profession (specialty), with the exception of persons who have graduated from vocational educational institutions;
- who had a long (more than 3 years) break from 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 labor and employment authorities;
- those who refused to improve (restore) their qualifications in their existing profession (specialty), acquire a related profession or undergo retraining after the end of the initial (12-month) period of unemployment;
- registered with labor and employment authorities for more than 18 months;
- those sent by labor and employment authorities for training and expelled for guilty actions or who voluntarily stopped training without good reason;
- those who applied to labor and employment authorities after the end of seasonal work;
- released from places of imprisonment.
3. Transport accessibility of the workplace provides for the following gradations of maximum travel time from the place of residence to the proposed work:
- for disabled people, pregnant women - up to 45 minutes;
- for single and large parents, 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 involves a change of place of residence without the consent of the citizen, the working conditions do not comply with the rules and regulations on labor protection, and the offered earnings are below the average earnings of the citizen calculated over 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, the 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.
A job with earnings below the average earnings of a citizen, calculated over the last three months at the last place of work, can only be offered with the consent of the citizen.
Article 4. Suitable and unsuitable work
1. Such work is considered suitable, 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), health status, and transport accessibility of the workplace.
Information about changes: Federal law dated August 22, 2004 N 122-FZ, paragraph 2 of Article 4 of this Law was amended, coming into force on January 1, 2005.
2. The maximum distance of suitable work from the place of residence of the unemployed is determined by the employment service authorities, taking into account the development of the public transport network in the given area.
Information about changes: Federal Law No. 367-FZ of December 27, 2009 introduced amendments to paragraph 3 of Article 4 of this Law, which come into force on 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 age and other characteristics of citizens) preliminary training, meeting the requirements of labor legislation and other regulatory legal acts containing labor law norms (hereinafter referred to as labor legislation), considered suitable for citizens:
those looking for work for the first time (who have not previously worked) and at the same time do not have a profession (specialty); dismissed more than once within one year preceding the start of unemployment, for violation of labor discipline or other guilty actions provided for by the legislation of the Russian Federation; those who have ceased individual entrepreneurial activity or left the members of a peasant (farm) enterprise in the manner established by the legislation of the Russian Federation; those seeking to resume work 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 existing profession (specialty), acquire a related profession or undergo retraining after the end of the first period of payment of unemployment benefits;
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 about changes: Federal Law No. 175-FZ of July 17, 1999 introduced changes to paragraph 4 of Article 4 of this Law, which come into force from the day the Government of the Russian Federation establishes the cost of living in accordance with the Federal Law "On the Living Wage 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 labor protection rules and regulations;
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 exceeded the subsistence minimum for the working population (hereinafter referred to as the subsistence minimum), calculated in a constituent entity of the Russian Federation in the prescribed manner. In this case, a job cannot be considered suitable if the salary offered is below the subsistence level calculated in the constituent entity of the Russian Federation in the prescribed manner.
GUARANTOR:See comments to Article 4 of this Law
Information about changes: Federal Law No. 122-FZ of August 22, 2004 introduced changes to Article 5 of this Law, which come 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 selecting a suitable job
1. This document defines the requirements for the selection of citizens
registered for the purpose of searching for suitable work (hereinafter -
registered citizens), and unemployed citizens with suitable work.
2. Selection of suitable work for registered citizens and
for unemployed citizens is carried out based on information about available
jobs and vacant positions contained in the register
recipients public services in the field of employment -
employers.
3. The selection of a suitable job is carried out taking into account the profession
(specialty), position, type of activity, professional level
training and qualifications, experience and work skills, average size
earnings calculated for the last 3 months at the last place of work
transport accessibility of the workplace, as well as employer requirements
to the candidacy of the employee contained in the information about available workers
places and vacant positions.
4. Registered citizens who did not present upon registration
registration of documents confirming professional
qualifications, level of professional training, experience and work skills,
employment sector - employers offer paid
work, including temporary work that does not require prior
training that meets the requirements of Russian labor legislation
Federation and other regulatory legal acts containing labor standards
rights, taking into account transport accessibility of the workplace, as well as
the employer's requirements for the employee's candidacy contained in the information
about available jobs and vacant positions.
5. When selecting a suitable job, the worker’s transport accessibility
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
professional training, conditions of the last place of work (for
with the exception of paid public works), the health status of citizens
and transport accessibility of the workplace.
7. For registered citizens looking for work for the first time (previously not
working), having a profession (specialty), embarking on
registration within 12 months after completion of studies at
vocational education institutions, work is considered suitable in
including temporary work that corresponds to the profession
(specialty) taking into account the level of professional training, condition
health of citizens and transport accessibility of the workplace.
8. Registered citizens seeking work for the first time have not previously
who worked and at the same time do not have a profession (specialty), is not issued
more than 2 offers of professional training or referrals to
paid work, including work of a temporary nature that requires or
not requiring (taking into account age and other characteristics of citizens)
preliminary training that meets labor requirements
legislation of the Russian Federation and other regulatory legal acts,
9. Paid work, including temporary work and
community service, 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
regulatory legal acts containing labor law norms are considered
suitable for registered citizens and unemployed citizens:
a) dismissed 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) those who have ceased individual entrepreneurial and other
activities that came from members of the peasant (farm) economy in
the procedure established by the legislation of the Russian Federation;
c) those seeking to resume work after a long period of time
(more than 1 year) break;
d) sent by government employment services
population for training and expelled for guilty actions;
e) those who refused to improve (restore) their existing qualifications
profession (specialty), obtain a related profession or undergo
retraining after the end of the first benefit payment period
unemployment;
f) registered with state employment service institutions
population over 18 months;
g) have not worked for more than 3 years;
h) those who 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) offering the same job option twice, and for
citizens looking for work for the first time, who have not previously worked and who do not have
profession (specialty), offering the same option
training twice;
b) referral to workplaces 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 whose working conditions do not correspond
rules and regulations on labor protection;
e) an offer of a job for which the salary is below the average salary,
calculated for the last 3 months at the last place of work of citizens.
For citizens whose average monthly earnings exceeded
subsistence minimum of the working-age population calculated in the subject
Russian Federation in the prescribed manner, suitable cannot
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
carried out taking into account existing professions (specialties), level
professional training, experience and work skills.
12. When offering suitable work to registered citizens and
unemployed citizens are given directions to work. Citizens' candidacies
if they agree to a suitable job, they are agreed with
employers.
Registered citizens and unemployed citizens are not issued
13. In the absence of suitable work, registered citizens and
Unemployed citizens, with their consent, may be offered:
a) assignment to work in a related profession (specialty);
b) referral to participate in paid public works;
c) participation in job fairs and training jobs;
d) professional guidance for the purpose of choosing a field of activity
(professions), employment and vocational training;
e) sending unemployed citizens to temporary employment,
experiencing difficulties in finding work, unemployed citizens aged
18 to 20 years old among graduates educational institutions primary and
secondary vocational education, looking for work for the first time.
14. Registered minors over the age of 14
up to 18 years of age may be offered temporary employment during free time
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 classes, contacted the employment service with a request to send her for retraining as an accountant.
Which citizens and in what cases does the employment service refer for retraining?
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