What are the requirements for selecting a suitable job? What is the maximum distance of a suitable job from the place of residence The transport accessibility of the workplace is determined by whom

labor law Russia. Crib Rezepova Victoria Evgenievna

THE CONCEPT OF A SUITABLE JOB

Suitable Job(including temporary) - work corresponding to the professional suitability of the employee, taking into account the level of his vocational training, conditions of the last place of work (with the exception of paid public works), health status, transport accessibility.

In accordance with paragraph 4 of Art. 4 of the Law of the Russian Federation "On employment in Russian Federation» A job is not eligible if:

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

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

3) the offered earnings are lower than the average earnings of a citizen, calculated for the last three months at the last place of work, except for cases when the average monthly earnings of a citizen exceeded the subsistence level of the able-bodied population in the corresponding subject of the Russian Federation.

Circumstances, the proof of which makes it possible to recognize the work offered to the citizen as suitable:

1) providing a citizen with work that corresponds to the professional suitability of a citizen, taking into account the level of his professional training;

2) the proposed job must comply with the conditions of the last place of work;

3) compliance of the state of health of the citizen with the proposed conditions for future employment;

4) transport accessibility of the workplace offered to the citizen;

5) compliance of working conditions for the work offered to the citizen with the current requirements for labor protection. 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 the current legislation, is suitable for the following citizens:

1) for the first time job seekers(previously unemployed), without a profession (specialty), fired more than once during one year preceding the onset of unemployment, engaged in entrepreneurial activity seeking to renew labor activity after a long (more than one year) break, sent by the employment service for training and expelled for guilty actions;

2) those who refused to improve (restore) their qualifications in their current profession (specialty); obtain a related profession or undergo retraining after the end of the initial (12-month) period of unemployment;

3) registered with the employment service for more than 18 months, as well as more than 3 years unemployed;

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

This text is an introductory piece.

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Hello Eugene.

In this case, it is necessary to refer to the provisions governing the procedure for registering citizens in order to search for suitable job, registration of unemployed citizens and requirements for the selection of suitable work.

So, according to:

GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
dated 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
(as amended on August 4, 2015)
Job Requirements
APPROVED
Government Decree
Russian Federation
dated September 7, 2012 N 891
1. This document defines the requirements for the selection of citizens registered in order to find suitable work (hereinafter referred to as registered citizens), and unemployed citizens of suitable work.
5. When choosing the right job
transport accessibility of the workplace is determined taking into account the maximum distance of a suitable job from the place of residence registered citizens and unemployed citizens.
6. 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
transport accessibility of the workplace.
7. 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, 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 transport accessibility of the workplace.
10. When selecting a suitable job for registered citizens and unemployed citizens
not allowed:
b) referral to jobs without taking into account the development of the network public transport providing transport accessibility of the workplace;
in)
an offer of work that is associated with a change in the place of residence of citizens without their consent; docs.cntd.ru/document/902368352

However, according to the Ministry of Labor and social development RF:

What approaches can be used in determining the transport accessibility of the workplace when selecting a suitable job? Is it legal to apply other criteria, such as the cost of travel to the intended place of work, in addition to the transport accessibility of the workplace (paragraphs 5, 6 of the requirements for the selection of suitable work) when determining the maximum distance of the place of suitable work from the place of residence of those registered in order to search for suitable work and unemployed citizens? and back, as well as the time spent on the road and the number of transfers, since often the cost of travel to and from the place of work, taking into account transport accessibility, exceeds the amount of the proposed wages, and the travel time is more than 3 hours per day.

The maximum distance of a suitable job from the place of residence of a citizen
established by the authorities executive power subjects of the Russian Federation in a differentiated amount depending on the categories of citizens and taking into account the development of the public transport network.
When selecting a suitable job, the transport accessibility of the workplace is determined based on the maximum distance of a suitable job from the place of residence of a citizen.
The recommended maximum time for citizens belonging to the category of disabled people should not exceed 1.5 hours (unless the recommendations of the individual rehabilitation program for a disabled person contain other requirements for the transport accessibility of the workplace).
A job is also considered suitable if the transport accessibility of the workplace is ensured vehicle the employer providing transportation of personnel to the place of work and back.
www.rosmintrud.ru/reception/help/23/4

Therefore, in your area there are also regulations that determine the maximum distance for suitable work, i.e. You can contact the district employment service with a statement on the issue of familiarization and provision of complete and comprehensive information regarding the established standards for the maximum distance of a suitable job, unfortunately it turned out to be difficult to find it on the network.

Here is one example of such a rule:

HEAD OF THE SHAKHOVSKY DISTRICT OF THE MOSCOW REGION
RESOLUTION
dated February 25, 2003
ABOUT THE MAXIMUM REMOTE OF A SUITABLE JOB FROM THE PLACE
RESIDENCE OF UNEMPLOYED CITIZENS
Based on paragraph 2 of Article 4 of the Law of the Russian Federation "On
employment in the Russian Federation”, taking into account the degree
development of a public transport network in the Shakhovsky district,
I decide:
Consider a suitable place of work for unemployed citizens:
- living in rural administrative districts, - enterprises located within the Shakhovsky district;
- living in the village, - enterprises located within
Shakhovsky district, as well as enterprises located two hours
travel (by public transport in one direction), with
provided that transport costs will not exceed 25%
payable wages;
- single citizens and citizens who do not have persons on their
content, - enterprises of the Moscow region, working on
on a rotational basis or if there is a place to stay.
zakon.7law.info/base62/part1/d62ru1373.htm

COMMITTEE OF IVANOVO REGION ON LABOR, PROMOTION OF EMPLOYMENT AND LABOR MIGRATION
ORDER
dated September 8, 2016 N 29
ON THE MAXIMUM DISTANCE OF A SUITABLE JOB FROM THE PLACE OF RESIDENCE OF CITIZENS REGISTERED FOR THE PURPOSE OF SEARCHING FOR A SUITABLE JOB AND UNEMPLOYED CITIZENS
1. Determine the maximum distance of a suitable job from the place of residence of citizens registered in order to search for a suitable job, and unemployed citizens if there are 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 completion of the work day (shift) no more than 1.5 hours (one way); for women with young children - 1 hour, for the disabled - 40 minutes.
2. Consider the proposed job suitable for citizens registered in order to find a suitable job, and unemployed citizens if the transport accessibility of the workplace is provided by the employer’s vehicle, which delivers employees to and from the place of work, or to public transport stops or a fixed-route taxi .
3. In the absence 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), establish the maximum distance of a suitable job from the place of residence: - for citizens registered in in order to find a suitable job, and unemployed citizens - 5 kilometers (one way); - for citizens registered in order to find a suitable job, and unemployed citizens belonging to the categories of persons with disabilities or minors, no more than 1.5 km (one way) .
docs.cntd.ru/document/432997125

KEMEROVSK CITY COUNCIL OF PEOPLE'S DEPUTIES (second convocation, fifth meeting)
SOLUTION
dated June 26, 1998 N 61
ON THE MAXIMUM REMOTE OF A SUITABLE JOB FROM THE PLACE OF RESIDENCE OF UNEMPLOYED CITIZENS
Having considered the proposal of the Head of the city on the maximum distance of a suitable job from the place of residence of unemployed citizens, guided by Article 4 of the Law of the Russian Federation "On Employment in the Russian Federation", Article 25 of the Charter of the city of Kemerovo, taking into account the development of the public transport network in Kemerovo, the Kemerovo City Council of People's deputies decided:
1. Establish for a period until 01.01.99 that jobs located within the administrative boundaries of the city of Kemerovo are considered suitable work for unemployed citizens, taking into account transport accessibility.

When a citizen applies for help in finding employment, he wants to get a job that corresponds to the profession or specialty received by the citizen.

Also, the work provided must be suitable to meet the requirements of public accessibility, health conditions. Otherwise, the citizen has every right to refuse such work, and the employment service must start looking for another suitable job.

In this article:

Conditions for a suitable job

When providing work to a citizen in need of employment, it must be suitable taking into account the following criteria:

Comply with his professional suitability
Have similar working conditions in the last place where he performed labor functions citizen
The state of health that allows one or another type or amount of work to be performed must be taken into account.
Availability of transport accessibility to the place of work, while the maximum availability is determined by the employment service independently

If the submitted work does not meet the above criteria, then the citizen has every right to refuse this work. It is possible to refuse a suitable job twice, after which you can lose the status of unemployed, but this does not apply to work that is considered unsuitable for him.

A job that cannot be considered suitable

There are a number of conditions under which a citizen may refuse to work, as it will be considered unsuitable:

Firstly, if he demands to change the permanent place of residence of a citizen without his consent.

Secondly, the work performed will not comply with generally established labor rules and labor protection standards.

Thirdly, if the proposed work will be paid below the average salary that a citizen received earlier at work.

Thus, it is possible to demand the provision of other work that will satisfy the citizen and not fall under the conditions of unsuitable work.

The purpose of state support is to provide an opportunity to work, but at the same time not to cause discomfort in the performance of a labor function.

State support of citizens in employment and employment

A citizen, having the right to work, can realize it only with the necessary support from the state. Governmental support expressed in the form of guarantees in employment and employment.

State guarantees consist in the development of programs that increase the mobility of the labor market and its national protection.

Employment is designed to give equal opportunities to all citizens who are able to work and contribute to society. The state provides support and development of small business, which includes persons wishing to engage in entrepreneurial activities.

In the process of finding a job, the state guarantees the unemployed to receive unemployment benefits.

While a citizen is registered with the employment service, the insurance period is not calculated for the entire period of registration.

The amount of the benefit paid to the unemployed is constantly subject to indexation, taking into account changes in the standard of living of the population. Each region provides an additional coefficient to minimum size benefits.

In the process of employment, a citizen has the right to receive qualified assistance from specialists in the field of labor, receive advice, and receive opportunities to receive vocational training.

Also, if a citizen is completely satisfied with the job provided, but it is associated with moving to a new place of residence, the citizen has the right to assistance from the employment service in relocating to a new place of residence.

In paragraph 1 of Art. 4 of the Law of the Russian Federation "On Employment in the Russian Federation" gives the concept of a suitable job. Suitable work is considered to be such work, including temporary work, which corresponds to the professional suitability of the employee, taking into account the level of his professional training, the conditions of the last place of work (with the exception of paid public works), health status, and transport accessibility. In accordance with paragraph 4 of Art. 4 of the Law of the Russian Federation "On Employment in the Russian Federation", a job cannot be considered suitable if: 1) it is associated with a change of place of residence without the consent of the citizen; 2) working conditions do not comply with labor protection norms and rules; 3) the proposed earnings are lower than the average earnings of a citizen, calculated for the last three months at the last place of work, except for cases when the average monthly earnings of a citizen exceeded the subsistence level of the able-bodied population in the corresponding subject of the Russian Federation. The foregoing allows us to highlight the following circumstances, the proof of which allows us to recognize the work offered to the citizen as suitable. Firstly, such a circumstance is the provision of a job to a citizen that corresponds to the professional suitability of a citizen, taking into account the level of his professional training. That is, when providing work to a citizen, his current profession, as well as the skills of working in this profession, should be taken into account. When providing a suitable job, the professional skills of a citizen obtained at the last place of work are also taken into account.

Secondly, the proposed job must meet the conditions of the last place of work. In this regard, when offering a suitable job, the profession, position, specialty at the last place of work, the amount of wages received in an amount not exceeding the subsistence minimum in the territory of the corresponding subject of the Russian Federation should be taken into account.

An exception was made from this rule for the performance of public works, in which citizens can be involved without taking into account the conditions of the last place of work. Thirdly, the circumstance characterizing legal concept suitable work, is the compliance of the state of health of the citizen with the proposed conditions for future employment. A job that is contraindicated to a citizen for health reasons cannot be considered suitable. Fourthly, the circumstance included in the legal concept of a suitable job is the transport accessibility of the workplace offered to the citizen. Workplace, which is offered to a citizen as a suitable job, must be located in the same locality. The provision of work in another locality is associated with a change of residence. Therefore, the provision of work in another locality can be recognized as a suitable job only with the consent of the citizen. Such consent must be expressed in a simple written form. Within the limits of the settlement, the maximum distance of a suitable job from the place of residence of a citizen is determined by the relevant authority local government taking into account the development of the public transport network in the area. If the standards of remoteness of the proposed work from the place of residence of a citizen, established by the local government, are exceeded, such work cannot be considered suitable. Fifth, the circumstance characterizing the legal concept of "suitable work" is the compliance of working conditions for the work offered to the citizen with the current requirements for labor protection. The proof of the above circumstances allows us to conclude that the job offered to the citizen is suitable for him. In the event of a dispute between a citizen and the employment service agency regarding the work offered to the citizen, the obligation to prove the listed circumstances lies with the representatives of the relevant agency of the employment service.

An exception was made from the considered rules for recognizing work as suitable. In accordance with paragraph 3 of Art. 4 of the Law of the Russian Federation "On Employment in the Russian Federation" paid work, including temporary work and public works, requiring or not requiring (taking into account the age and other characteristics of citizens) preliminary training that meets the requirements of the current legislation, is suitable for the following citizens: 1 ) looking for a job for the first time (previously unemployed), without a profession (specialty), fired more than once during one year preceding the onset of unemployment, for violation labor discipline and other guilty actions provided for by the legislation of the Russian Federation, engaged in entrepreneurial activities, seeking to resume labor activity after a long (more than one year) break, as well as those sent by the employment service for training and expelled for guilty actions; 2) those who refused to improve (restore) their qualifications in their current profession (specialty), obtain a related profession or undergo retraining after the end of the initial (12-month) period of unemployment; 3) who have been registered with the employment service for more than 18 months, as well as those who have not worked for more than three years; 4) who applied to the employment service after the end of seasonal work. However, the work offered to the listed citizens must comply with the requirements of the current labor law as well as their state of health. The work proposed by him cannot be considered suitable if it is contraindicated for health reasons. The work offered to the listed citizens, in order to be recognized as suitable, must comply with the established requirements for transport accessibility. However, when providing the listed citizens with suitable work, their professional skills, as well as the conditions of the last place of work, are not taken into account. Obviously, the question arises of the compliance of the listed restrictions on the rights of citizens with the requirements of Art. Art. 19, 55 of the Constitution of the Russian Federation, the decision of which falls within the jurisdiction of the Constitutional Court of the Russian Federation.

Textbook "Labor Law of Russia" Mironov V.I.