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On Introducing Changes And Additions Into The Law Of The Rsfsr ' About Population Employment In Rsfsr "

Original Language Title: О внесении изменений и дополнений в Закон РСФСР "О занятости населения в РСФСР"

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A to the Russian Federation On Amendments and Additions to the Law of the RSFSR "Employment of the population in the RSFSR" Article 1. To amend the RSFSR Act on employment of the population in the RSFSR (Vedomra) of the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1991, No. 18, art. 565) the following changes and additions: 1. The footnote to the preamble should be supplemented by the words "unless otherwise specified by law". 2. Paragraph 7 of article 2 should read as follows: "The able-bodied citizens studying in general education schools, vocational schools, as well as undergoing a full-time course in higher, secondary specialized and other secondary schools" Educational institutions, including training in the Federal Public Employment Service (hereinafter referred to as the Employment Service). ". 3. Article 3 should read as follows: " Article 3. The procedure and conditions for the recognition of unemployed persons Unemployed persons are recognized as employable citizens who do not have jobs and earnings, are registered with the employment service in order to find a suitable job and are ready to start it. It does not take into account payment for public works in the direction of employment service, as well as payment of termination indemnity and average earnings for workers released from enterprises, institutions and organizations for their elimination, reorganization, downsizing or downsizing. The decision to recognize a citizen as unemployed is taken by the employment service at the place of residence of the citizen not later than 11 days from the presentation of the employment service of the passport, the work book or the documents replacing them, as well as the documents, Certificate of professional qualifications, certificate of average earnings for the last two months at the last place of work, and for the first time job-seekers and without profession (speciality)-the passport and the document on education. At the same time, the citizen shall be recognized as unemployed from the day of production of the said documents. Unemployed persons may not be recognized as citizens: under 16 years of age, as well as citizens who, under the pension legislation, are entitled to a pension, except for citizens who receive a disability pension, groups; who have failed within 10 days of applying to employment service from two suitable jobs, and for the first time job seekers without a profession (occupation)-in the case of two waiths of training or from the proposed paid work, including the work of a temporary nature. A citizen may not be offered the same job (same place of study) twice. A citizen who is not recognized as unemployed in the prescribed manner shall be entitled to be resubmitted to the employment service for recognition in two weeks ' time. ". 4. In article 4: , paragraph 3, paragraph 1, paragraph 1, amend to read: " Paid work requiring or not requiring (taking into account the age and other characteristics of nationals) of preliminary training, including the work of the interim A character that meets the requirements of the labour legislation is considered appropriate for the following categories of citizens: first job seekers who do not have a profession (speciality); who refused to raise (restore) qualifications or to acquire a related profession (speciality) after a three-year break in or after the end of the initial (12-month) period of unemployment. "; in paragraph 2 of paragraph 2: first sentence to read: " proposed earnings below average earnings is a citizen, calculated over the last two months at the last place of work. "; , delete the words" in this specialization ". 5. Article 9 should read: " Citizens shall have the right to free consultation and information free of charge in the employment service with a view to the choice of employment, the working regime and the possibilities of education. Unemployed citizens also have the right to free vocational guidance, vocational training, retraining in the service of employment. ". 6. In article 12: the first paragraph should read: " 1. The State guarantees citizens who are permanently resident in the territory of the Russian Federation: "; at the end of the paragraph, the fourth semicolon is replaced by the point; paragraph 5 should read as follows: " 2. The State guarantees unemployed citizens: free education of the new profession (speciality) and advanced training in the service of employment; ". 7. In the first paragraph of article 13, paragraph 1, delete the words "and retirees", and the words "and pension" should be deleted from the footnote to that paragraph. 8. Part two of article 18 should read as follows: " Licensing of foreign labour is carried out by the Government of the Russian Federation at the proposal of the executive bodies of the republics of the Russian Federation The Russian Federation, the regions, the autonomous regions and the autonomous prefects, the cities of Moscow and St. Petersburg. The licensing procedure is governed by the regulation approved by the Supreme Soviet of the Russian Federation. ". 9. Article 19 should read as follows: " Licences for activities of non-State organizations to provide paid services in support of employment of citizens shall be issued in accordance with the established procedure by the executive authorities with the presence of an opinion The Federal Public Employment Service. ". 10. In article 22: , paragraph 1, amend to read: " 1. The State Fund for Employment of the Population of the Russian Federation * is a State extrabudgetary fund and federal property of the Russian Federation and is intended to finance activities related to the implementation of State policy Employment of the population. "; paragraph 3 should read: " 3. The Employment Fund is formed by: mandatory insurance contributions from employers; mandatory insurance contributions from the earnings of workers; allocations from the national budget of the Russian Federation, budgets OF THE PRESIDENT OF THE RUSSIAN FEDERATION Additional sources of income may be voluntary contributions from enterprises, institutions, organizations, civil society organizations and citizens, as well as other income. The Supreme Council of the Russian Federation approves the size of the insurance contributions and allocations from the republican budget of the Russian Federation, the budget of the employment fund and the report on its implementation THE RUSSIAN FEDERATION The funds of the Employment Fund are kept in the accounts of the Central Bank of the Russian Federation. The accounts of the Fund shall be operated in accordance with the procedure established by the laws and regulations of the Central Bank of the Russian Federation and shall be made according to the monetary documents of the established forms. ". 11. In article 23, paragraph 1: , in the first paragraph of the words "citizens registered in employment service as job seekers", replace the words "unemployed citizens"; , paragraph 5, shall be deleted. 12. The title of chapter V should read: " V. Federal Public Employment Service ". 13. Article 25 should read as follows: " Article 25. Federal State Employment Service Federal State Employment Service is an autonomous federal government service in the territory of the Russian Federation THE RUSSIAN FEDERATION It is chaired and organized by the State Committee of the Russian Federation for Employment. The head of the employment service is the Chairman of the State Committee of the Russian Federation for Employment. The appointment and dismissal of the heads of the employment services at all levels shall be made by the parent body of the employment service upon the submission of the relevant executive authority and subsequent approval by the competent authority. by a public authority. Federal State Employment Service consists of: State Committee for Employment of the Russian Federation; State Committees of the Republics of the Russian Federation Employment of the population; employment centres in the provinces, oblivion, autonomous regions, Moscow and St. Petersburg; and employment centres in the regions and cities. In the republics of the Russian Federation, the provinces, regions, autonomous regions and autonomous prefects, cities and regions, the employment services are subordinate to the higher bodies of the employment service and the relevant bodies. the executive authorities within their respective spheres of competence. The employment service is financed by the employment fund. ". 14. At the end of paragraph 7 of article 27, replace the point with a semicolon and add the following paragraph 8 to the following paragraph: " shall seek, in an uncontested manner, the sum of hidden or understated insurance contributions to the employment fund; as well as the arrears, penalties and other penalties provided for by law. The payment of these amounts is made after the calculation of the employer with the budgets. In the course of recovery of these sums in undisputed order, the bodies of the employment service shall enjoy the rights granted to the tax authorities of the Russian Federation for the collection of unincorporated taxes. ". 15. Article 28 should be supplemented with paragraph 5 as follows: " 5. When a citizen is employed by the employment service, the employer shall return to the employment service with an indication of the day of employment of the citizen. "In the event of refusal to hire a citizen by the employment service, the employer shall make a mark of the day of the citizen's appearance and the reason for refusal of employment and return the citizen's direction to the employment service." 16. Article 29 should be supplemented with paragraph 5 as follows: " 5. The employer shall have the right to appeal against the action of the employment service to the higher authority of the employment service, as well as in the legal procedure established by law. ". 17. In article 30: Paragraphs 1 and 2 of paragraph 1 should read: " Citizens with whom an employment contract is terminated shall receive guarantees and compensation in accordance with labour law. The State guarantees the unemployed: "; paragraph 2, delete; paragraph 3 after the words" and employment, "add" shall not interrupt the period of service and "; paragraphs 3 and 4 shall be considered as paragraphs 2 and 4, respectively. 3. 18. Article 31, paragraph 2, should be deleted. 19. Article 32 should be supplemented by a third part, reading: "The amount of the stipend may be reduced or may be suspended in cases of failure or irregular attendance without good reason." 20. In article 33: , paragraph 1, paragraph 1, should read: " 1. Allowance for unemployed citizens (including III disabled persons) who have been dismissed on any grounds, is set as a percentage of the average wage, calculated in the last two months at the last place of work, if they are for 12 months, Prior to the start of the unemployment, they had paid work for at least 12 calendar weeks on full working days (weeks) or on part-time work (weeks) with a recalculation of 12 calendar weeks with full working hours (week) "; paragraph 3, should be deleted; paragraph 4 should be read as paragraph 3. 21. In article 34: , paragraph 1, amend to read: " 1. The unemployment benefit is paid to citizens who are recognized as unemployed. "; first paragraph 2 should read: " 2. The decision on the appointment of the unemployment benefit shall be taken simultaneously with the decision to recognize the citizen as unemployed in the manner determined by article 3 of this Law. The benefit period cannot exceed 12 months in summary calculation for 18 calendar months, except as provided for in this Law. "; paragraph 3, delete; count 4 counting and amend to read: " 3. The unemployment benefit shall be paid at least twice a month, provided that the unemployed re-registration is completed within the prescribed employment service, but not less than twice a month. "; paragraph 5 consider accordingly paragraph 4. 22. In article 35: paragraph 1, add a second paragraph to read as follows: "The total period of unemployment benefit cannot exceed 24 calendar months in a total of 36 calendar months."; Paragraph 2 should read: " 2. At the invitation of the employment service, unemployed citizens who have the right to complete old-age pension (including a pension on favourable terms), with their consent, are given early retirement, irrespective of their working experience. but not earlier than two years before the statutory retirement date. ". 23. In article 36: , in Part One, "lost work and earnings" shall be replaced by the words "dismissed on any grounds"; part two, delete. 24. Article 37 should read as follows: " Citizens who seek employment for the first time seeking to re-employment after a long (more than one year) break, as well as to citizens who have been dismissed on any grounds but who did not have 12 A week of paid work during the 12 months preceding the start of the unemployment benefit is paid in the amount of the statutory minimum monthly wage. Citizens who have completed vocational training and retraining in the service of employment and who are recognized as unemployed are entitled to receive an allowance, the initial size of which is not on the occasion of the fellowship. "................... Article 38 should read: " 1. The payment of unemployment benefits is terminated, may be postponed, suspended or reduced by the employment service. 2. Unemployment benefits are discontinued in cases of: employing the unemployed; training, upgrading or retraining for the employment service with a stipend; the end of the fixed period of unemployment benefit; the receipt of unemployment benefit by fraud; the conviction of a person receiving an unemployment benefit to be sentenced to imprisonment or on a court order; assignments to Pension legislation is in line with the pension legislation (other than disability pension, group III). 3. The unemployment benefit may be deferred for up to three months in cases of: Disclaimer of the unemployment period from two suitable work options; dismissal for violation of labour discipline and other guilty actions, provided for by labour legislation; for a long (more than one month) absence of an unemployed person in a place of permanent residence without notice to the employment service. The period for which unemployment benefit is being deferred is deducted from the unemployment benefit. 4. Unemployment benefit can be suspended for up to three months in cases of: employing unemployed persons for temporary work or working part-time (week) without notice to the employment service; Unemployed conditions for its registration and re-registration as unemployed. The period for which unemployment benefit is suspended is included in the general unemployment benefit period. 5. Unemployment benefit can be reduced by 25 per cent for a period of up to one month in cases of: without valid reasons for negotiations on employment with the employer within three days from the date of the employment service; refusal without valid reasons to report to the employment service to obtain a work direction (study). 6. The decision on termination, deposition, suspension or reduction of unemployment benefit is taken by the employment service with the mandatory notification of the unemployed person. ". 26. In the title of the Law, the word "RSFSR" should be replaced by "Russian Federation"; in the text of the Act, the word "RSFSR" should be replaced by the words "of the Russian Federation", "Russian Federation", "Leningrad", "Leningrad", "Leningrad", respectively. The words "St. Petersburg", "St. Petersburg", "St. Petersburg", the words "Autonomous Regions and Districts", "Autonomous Regions and Districts"-respectively, the words "Autonomous Region and autonomous prefecs", "Autonomous Regions and autonomous Districts", the words "State employment service"-the words "employment services". President of the Russian Federation ELTSIN Moscow, House of Soviet Russia July 15, 1992 N 3307-I