On Introducing Changes And Additions Into The Law Of The Russian Federation "on Employment In The Russian Federation

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

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RUSSIAN FEDERATION FEDERAL LAW OF THE RUSSIAN FEDERATION OF THE RUSSIAN FEDERATION 22 March 1996 Approved by the Federation Council on 11 April 1996 (In the federal laws from 31.12.2005 N 199-FZ; dated 30.11.2011) N 361 to F) Article 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1991, N 18, sect. Representatives of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, No. 1974; Assembly of Acts of the President and Government of the Russian Federation, 1993, 5086; Legislative Assembly of the Russian Federation, 1995, No. 5, art. 346) amendments and additions to the following wording: " THE LAW OF THE RUSSIAN FEDERATION On employment in the Russian Federation This Law defines the legal, economic and organizational framework OF THE PRESIDENT OF THE RUSSIAN FEDERATION The international treaties (agreements) of the Russian Federation determine the guarantees of the State for the exercise of the rights of citizens of the Russian Federation living abroad. CHAPTER I. GENERAL PROVISIONS Article 1. Employment of citizens 1. Employment is the activity of citizens, connected with the satisfaction of personal and social needs, which are not contrary to the legislation of the Russian Federation and, as a rule, they pay them wages and work income. 2. Citizens have the exclusive right to dispose of their abilities to productive and creative work. Forced labour is not permitted in any form, unless otherwise provided by law. The non-employment of citizens cannot serve as a basis for administrative and other responsibility. Article 2: Employed citizens Employed are considered to be citizens: employed under an employment contract (contract), including full-time or part-time remuneration, and with other paid work (service), including seasonal, temporary work; business activities; self-supporting; working in sub-industrial fisheries and { \cs6\f1\cf6\lang1024 } Implementing products { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 Civil treaties (contracts of contract) as well as members of production cooperatives (artel); elected, appointed or approved for a remunerated position; ongoing military service, as well as service in bodies Internal affairs; undergoing full-time education in general education establishments, institutions of primary professional, secondary vocational and higher vocational education and other educational institutions, including Federal Public Service Training Employment of the population (hereinafter referred to as the employment service); temporarily absent from work due to disability, leave, retraining, advanced training, suspension of production caused by a strike or other reasons. Article 3. Order and conditions for the recognition of unemployed persons 1. The working-age citizens who do not have work and earnings are recognized by the unemployed, registered with the employment services in order to find a suitable job, seek employment and are ready to go to it. This does not take into account the payment of termination indemnity and the retained average earnings to citizens who have been dismissed from their organizations (from military service), regardless of their legal and institutional form and form of ownership (hereinafter referred to as the organization) in connection with the liquidation, a reduction in number or state. The Government of the Russian Federation determines the procedure for registering unemployed citizens. 2. The decision to recognize a citizen registered for the purpose of finding suitable work is taken by the employment agencies at the place of residence of the citizen not later than 11 days from the day of presentation to the bodies of the employment service of the passport, the labor. in the last three months for the last job and for the first time job seekers who have not had a profession (Special;)-Passport and document on education. In the case of a presentation of the average wage in the last three months at the last place of work in foreign currency, the employment service bodies carry out the transfer of foreign currency in rubles at the official rate set for the day Dismissal of a citizen. If it is impossible for the employment services to provide suitable employment to citizens within 10 days of their registration with a view to finding suitable work, these citizens shall be recognized as unemployed from the first day of their production. of documents. The decision to recognize a person with a disability is taken by the Employment Service under the Federal Act on Social Protection of Persons with Disabilities in the Russian Federation ". Unemployed persons may not be recognized as citizens: under 16 years of age; who, in accordance with the pension legislation of the Russian Federation, are entitled to an old-age pension (by age), for length of service; 10 days from the date of their registration with the employment services in order to find suitable work from two options, including those of a temporary nature, and for the first time looking for work (previously unproductive) occupation (speciality)-in the case of two refusals to obtain a professional or from the proposed paid work, including the work of a temporary nature. A citizen may not be offered the same job (vocational training in the same occupation, speciality) twice; without valid reasons within 10 days of their registration in search of suitable Employment service bodies to offer them suitable employment, as well as those who have not entered the period set by the employment service to register them as unemployed; deprivation of liberty, as well as imprisonment. 4. Citizens who are denied recognition by the unemployed are entitled to be resubmitted to the employment service in two weeks ' time to resolve the issue of recognition of their unemployed. Article 4. Matching and inappropriate work 1. Such work is considered appropriate, including the work of a temporary nature, which is in accordance with the professional competence of the employee, taking into account the level of his or her vocational training, the conditions of the last place of work (except for paid employment) public works), health status, accessibility of the workplace. 2. The maximum remoteness of suitable work from the place of residence of the unemployed person is determined by the appropriate local government authority, taking into account the development of the network of public transport in the given area. 3. 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 the legislation of the Russian Federation on labour is considered to be appropriate for citizens: first-time job seekers (previously unemployed) who do not have a profession (speciality); who have refused to raise (recover) qualification in an existing profession (profession), to a related profession, or to pass after the completion of the initial (12 months) The period of unemployment; of the employment services for more than 18 months, as well as more than three years of unemployed; who have applied to employment services after the end of seasonal employment. 4. Work cannot be considered a work if: it is linked to a change of residence without the consent of the citizen; working conditions do not comply with labour protection rules and regulations; proposed earnings below average The income 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 were higher than the average wage in the Republic of the Russian Federation, the province, the regions, the cities of Moscow and St. Petersburg, the Autonomous Region and the Autonomous District. In this case, work cannot be considered appropriate if the proposed earnings are lower than the average wage in the Republic of the Russian Federation, the province, the regions, the cities of Moscow and St. Petersburg, the autonomous region, the autonomous region. Article 5. The State policy on the promotion of the employment of the population 1. The State has a policy of promoting the rights of citizens to full, productive and freely chosen employment. 2. The State policy in the area of employment promotion is aimed at: development of labour resources; equal opportunities for all citizens of the Russian Federation, irrespective of nationality, gender, age, Social conditions, political beliefs and attitudes towards religion in the realization of the right to voluntary work and free choice of employment; creation of conditions for a decent life and free development of the individual; support of the labour and entrepreneurial initiative of the the rule of law, the promotion of their capacity for productive, creative work; and the provision of social protection in the field of employment, special measures to promote the employment of citizens, Particularly in need of social protection and facing difficulties in finding employment (persons with disabilities; citizens holding persons who are required to care, assistance or supervision; persons released from their places of residence; deprivation of liberty; young people under the age of 18 who first seek employment; Pre-retirement age (two years before the age of the retirement age (by age); refugees and internally displaced persons; citizens dismissed from military service and members of their families; single and large parents, Children with disabilities, children with disabilities; families in which both parents are recognized as unemployed; citizens exposed to radiation due to Chernobyl and other radiation accidents and disasters; warning The mass and the reduction of long-term unemployment (more than one year); Encouraging employers who continue to work and create jobs first and foremost for citizens who are particularly in need of social protection and experiencing difficulties in finding work; balancing the autonomy of the authorities OF THE PRESIDENT OF THE RUSSIAN FEDERATION employment in other areas of economic and Social policy, including investment and structural policies, social security, growth management and income distribution, inflation prevention; coordination of public authorities, trade unions, other Representative bodies of workers and employers in the design and implementation of measures to ensure employment and control of the population; Employment in small indigenous and other national minorities THE RUSSIAN FEDERATION of traditional and historical employment; international cooperation in solving problems of employment of the population, including questions relating to the work of citizens of the Russian Federation outside the Territory OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 6. The Russian Federation's employment legislation population 1. The legislation of the Russian Federation on employment of the population consists of the Constitution of the Russian Federation, the present Act, other federal laws, and OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The legislation of the Russian Federation on employment of the population also applies to foreign citizens and stateless persons, unless otherwise provided by federal laws or international treaties of the Russian Federation. Article 7. Powers of the federal authorities of the state of the government, the authorities of the constituent entities of the Russian Federation, the local self-government authorities in the implementation of the state policy in the state in the field of employment promotion 1. The powers of the federal public authorities in the implementation of public policies in the area of employment promotion include: Implementing the Basic Public Policy on Employment (a) The prevention of mass unemployment in the territory of the Russian Federation; The adoption of federal laws and other regulatory legal acts establishing general principles of public policy in the field of employment; Development and Financial Security of Federal Target The State Fund for the Employment of the Population of the Russian Federation; * [ [ Employment fund]]; Definition of minimum and compulsory norms of social and economic protection of citizens against unemployment in the Russian Federation; OF THE PRESIDENT OF THE RUSSIAN FEDERATION Formation of basic principles of social protection for employees of insolvent organizations and organizations that carry out structural changes of production. 2. The State authorities of the constituent entities of the Russian Federation shall, in accordance with their competence, decide in full the questions relating to the formulation and implementation of public policies for the promotion of employment, taking into account national, cultural traditions, as well as historical types of employment, the enforcement of citizens ' rights under this Act and other laws and regulations governing public policies in the field of assistance Employment of citizens with special needs for social protection and the difficulty of finding a job. 3. The legislation of the constituent entities of the Russian Federation, the decisions of the local authorities and collective agreements and agreements may stipulate other conditions not inconsistent with this Law and the procedure for the payment of benefits Unemployment, the re-registration of unemployed persons, the clarification of the definition of suitable work in article 4 of the Act, which reinforce the social protection of citizens, including the extension of the payment periods and the increase in the amount of the benefit Unemployment, remuneration for paid public works, and OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. In cases of mass release of workers and difficulties in their further employment, the executive authorities of the constituent entities of the Russian Federation and local authorities, on the proposal of the bodies of the employment service, trade union bodies or other bodies Representative bodies of employees may suspend the decision to release employees for a period of up to six months or decide to release them in stages during the year, by funding the activities from the funds. of the relevant budgets. Chapter II. Rights of CITES IN EMPLOYMENT Article 8. The right of citizens to choose their place of work 1. Citizens have the right to choose their place of work by direct reference to an employer (an organization (legal person) or a natural person with whom the citizen enters into an employment relationship) or through free mediation by the employment services, or with the help of other organizations to assist in the employment of the population. 2. The decision on employment shall be made by means of an employment contract (contract) between the employer and the person employed. The procedure and conditions for the conclusion of employment contracts (contracts) in employment are governed by the legislation of the Russian Federation on labour. Article 9. Right of citizens to consultation, professional orientation, vocational training, retraining, advanced training, and receiving information in employment services 1. Citizens have the right to free consultation and information free of charge to the employment services for the purpose of selecting the sphere of activity, employment and vocational training opportunities. Minors aged between 14 and 18 also have the right to free consultation and free access to employment services for the purpose of choosing a profession and the opportunity to receive vocational training. 2. Unemployed citizens also have the right to free vocational guidance, vocational training, retraining and advanced training in the direction of employment services. Article 10. The right of citizens to professional activity outside the territory of the Russian Federation -Citizens have the right to search for work and employment outside the territory of the Russian Federation. Article 11. Citizens ' right to appeal against the actions of the employment agencies and their officials Citizens have the right to appeal against decisions, actions or omissions by the employment service and their officials to a higher authority Employment, as well as in court in accordance with the procedure established by the legislation of the Russian Federation. Chapter III. GUARANTEES IN THE FIELD OF EMPLOYMENT Article 12. State guarantees in the exercise of the right of citizens to work 1. The State guarantees the citizens of the Russian Federation: freedom to choose a kind of activity, including working with different labour regimes; labor protection, legal protection against unjustified dismissal or unjustified refusal to do so. Employment in accordance with the legislation of the Russian Federation on labour; free assistance in the selection of suitable work and employment through the mediation of the employment service. 2. The State guarantees unemployed citizens: free vocational guidance, vocational training, retraining and advanced training in the direction of employment services; support; compensation in accordance with the legislation of the Russian Federation for material costs in connection with the direction of work (training) in other areas at the proposal of the employment services; (Spending strength- Federal law dated 30.11.2011 N 361-FZ ) the possibility of concluding fixed-term contracts (contracts) for participation in paid public works arranged in accordance with age and other circumstances of citizens. Article 13. Additional employment security for certain categories of the population 1. The State provides additional guarantees to citizens who are particularly in need of social protection and have difficulties in finding work, through the development and implementation of targeted employment assistance programmes, the creation of additional jobs, and Specialized organizations (including organizations for the work of persons with disabilities), the establishment of a quota for the employment of persons with disabilities, the provision of vocational guidance services, and the provision of training on special programmes and other measures. 2. The Quota for the employment of persons with disabilities is set in accordance with the Federal Law on Social Protection of Persons with Disabilities in the Russian Federation. The Government of the Russian Federation determines the mechanism for the introduction of the quota and its size. 3. Citizens released from organizations due to downsizing or state under collective agreements (agreements) are guaranteed after the dismissal of the waiting list for housing (improvement of housing conditions) on the same day, as in the case of children under the age of 16, and of the Convention on the Law of the Child, 4. Wives (husbands) of military personnel and citizens who have been dismissed from military service shall, under other conditions of equal conditions, have priority in the employment of State and municipal unitary enterprises. CHAPTER IV. SETTLEMENT AND ORGANIZATION OF THE EMPLOYMENT OF POPULATION (Overtaken by the new wording of article 14-Federal law from 31.12.2005 N 199-FZ) Article 15. Federal Public Employment Service population 1. The Federal Public Employment Service is an autonomous service in the territory of the Russian Federation, whose activities are aimed at: Information on the situation in the labour market; development and implementation of federal, territorial (regional, regional, district, city) and other targeted employment assistance programmes, including employment promotion programmes Citizens at risk of dismissal, as well as citizens in special hardship cases in social protection and experiencing difficulties in finding a job; helping citizens to find a suitable job, and employers to recruit the necessary workers; organization, if necessary, Vocational training, retraining and advanced training for unemployed citizens; implementation of social benefits in the form of unemployment benefit, scholarships in the period of training in the service of employment services, provision of Material and other assistance to unemployed citizens and members of families of unemployed persons, in their custody. Its work is headed by and organized by the relevant federal executive body, which establishes territorial bodies to exercise its powers. 2. The territorial bodies of the employment service are not structural subdivisions of the relevant executive authorities of the constituent entities of the Russian Federation and local authorities. 3. In the territories of the constituent entities of the Russian Federation, urban, rural settlements and other territories, the bodies of the employment service coordinate their activities with the activities of the relevant bodies of the executive branch, local authorities in the the limits of their competence. 4. The bodies of the employment service together with the State authorities of the Russian Federation, the bodies of State power of the constituent entities of the Russian Federation and local authorities shall formulate and implement public policies in the in the field of employment promotion. 5. Services related to the promotion of citizens ' employment are provided free of charge by the employment services. Article 16. Statistical reporting and information on employment of the population The State statistical system is established to provide an objective assessment of the labour market and employment situation in the Russian Federation. Reporting. The employment agencies exchange information and information, free of charge, with State statistics authorities, tax authorities, immigration authorities and other public authorities concerned. required by each of the parties to carry out their functions. Article 17. The attraction of foreign labour to the territory of the Russian Federation is a priority right of the Russian Federation. The use and use of foreign labour in the territory of the Russian Federation shall be carried out in the manner specified in the legislation of the Russian Federation. Article 18. Licensing activities related to employment of citizens of the Russian Federation outside the territory of the Russian Federation Activities related to the employment of citizens of the Russian Federation for OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 19. Licensing activities to promote employment of the population Work to provide services to citizens in the promotion of employment, vocational guidance and psychological support for the unemployed and unemployed The population is exercised by legal entities on the basis of licences issued by the executive authorities of the constituent entities of the Russian Federation, subject to the conclusion of the opinion of the employment service. Article 20. Coordinating Committees for Employment population In order to arrive at agreed decisions on the definition and implementation of employment policies at the federal and territorial levels within the framework of the social The partnership establishes coordinating committees for the promotion of the employment of the population from associations of trade unions, other representative bodies of workers, employers, employment agencies and other stakeholders. public authorities, public associations representing the interests of Citizens in special need of social protection. The organization and operation of the committees shall be determined by the parties represented on the committees. Article 21. The participation of trade unions and other representative bodies of employees in assistance to employment of the population 1. Trade unions and other representative bodies of workers are entitled to participate in the formulation of public policies for the promotion of employment. 2. Trade unions and other representative bodies of workers have the right: to submit proposals to local authorities to postpone or temporarily halt activities related to mass releases Employees; contribute to the provision of social security guarantees for workers in matters relating to the organization of employment, employment (service), dismissal, benefits and compensation in accordance with the legislation of the Russian Federation. 3. Mass release of workers related to the rationalization of production, improvement of the organization of work, liquidation, reprofiling of the organization or its structural units, total or partial suspension of production by The employer's initiative may be carried out only with the prior (not less than three months) notification in writing of the relevant trade union bodies and other representative bodies of employees. 4. The executive authorities, employers and employees shall hold consultations on the employment of the population on the proposal of trade unions or other representative bodies of employees. As a result of consultations, agreements may be concluded to provide for activities aimed at promoting employment of the population. 5. Trade unions, other representative bodies of employees are entitled to require the employer to include in the collective agreement specific measures for employment. 6. Proposals of trade unions, other representative bodies of employees in connection with mass release of employees sent to the relevant authorities and employers must be considered in accordance with the legislation of the Russian Federation The federation is fine. Article 22. Financing the promotion of the employment of the population 1. Funds for financing activities to promote employment of the population (fund of employment) are financed by compulsory insurance contributions from employers, compulsory insurance contributions from the earnings of workers, and allocations, if necessary. OF THE PRESIDENT OF THE RUSSIAN FEDERATION provided for in this Act and accumulated in the accounts in institutions The Central Bank of the Russian Federation, other authorized banks. 2. Sizes of compulsory insurance contributions to the employment fund, allocations from the federal budget, allocations to the federal part of the employment fund, categories of employers and employees who pay insurance contributions and are exempt from payment of income and the expenses of the employment fund and the report on their execution shall be approved by federal laws on the submission of the Government of the Russian Federation. 3. The Employment Fund is not a legal entity, is in the operational management and administration of the employment service and is spent on financing activities to promote the employment of the population. 4. The Employment Fund is the State extrabudgetary fund of the Russian Federation and the federal state property. The Employment Fund is not part of the federal budget. Funds not used in the reporting year shall not be exempted and transferred to the next fiscal year. 5. The funds of the employment fund, formed by compulsory insurance contributions of employers, compulsory insurance contributions, appropriations from the federal budget, budgets of the constituent entities of the Russian Federation and local authorities, if necessary. The budget shall be exempt from taxation in accordance with the legislation of the Russian Federation on taxes. Article 23. Training, promotion and retraining of unemployed citizens 1. Vocational training, refresher training and retraining for unemployed citizens can be carried out in the service of the employment service if: it is impossible to find suitable work due to a citizen's lack of necessary work. professional qualification; must change the profession (speciality, occupation) due to a lack of work that matches a citizen's professional skills; citizen has lost the ability to perform Work in the former profession (speciality). 2. Vocational training, refresher training and retraining of unemployed citizens is carried out in vocational and supplementary educational institutions, training centres of employment service bodies or other educational establishments. institutions, educational units of organizations or other educational establishments, in accordance with the contracts concluded by the employment service. 3. Unemployed persons with disabilities, unemployed persons after a six-month period of unemployment, the wife (husbands) of soldiers and citizens who were dismissed from their employment, are entitled to receive vocational training, professional development and retraining as a priority. Military service, graduates of general educational establishments, as well as citizens first seeking work (previously unproductive) who do not have a profession (speciality). 4. The educational authorities, at the request of the bodies of the employment service, provide them with information on the vocational qualification structure of the issue and the number of graduates who are in need of employment. Article 24. Public Works Organization 1. The executive authorities of the constituent entities of the Russian Federation, local authorities on proposal and with the participation of the employment services organize, in order to provide temporary employment for the population, paid public works in the Organizations in their possession and on treaties in other organizations. 2. Persons wishing to participate in public works shall have a fixed-term employment contract of up to six months. Unemployed citizens who do not receive unemployment benefits, unemployed citizens, who are registered with the employment service for more than six months, benefit from the right to conclude such a contract. Citizens registered with the employment services also have the right to participate in public works. 3. The remuneration of citizens employed in public works shall be carried out in accordance with the legislation of the Russian Federation. During the period of participation of unemployed persons in public works, the employment fund is set up to supplement the earnings of unemployment benefits. At the same time, from the day of the conclusion of a fixed-term employment contract for participation in public works, the maximum period of granting a total surcharge should not exceed six months. 4. Citizens employed in public works are subject to the legislation of the Russian Federation on labour and social insurance. 5. Funding for public works shall be financed by the organizations in which these works are organized and, if necessary, the funds of the constituent entities of the Russian Federation and the employment fund. 6. The Regulations on the organization of public works shall be approved by the Government of the Russian Federation. Chapter V. PARTICIPATION IN EMPLOYMENT OF THE POPULATION Article 25. Employment promotion by employers population 1. Employers shall promote public employment policy on the basis of: compliance with the terms of contracts (contracts) governing labour relations in accordance with the law of the Russian Federation; Implementation of measures under the Russian Federation's legislation on labour, collective agreements and agreements on the protection of workers in the event of the suspension of the production or release of workers; employment, training and OF THE PRESIDENT OF THE RUSSIAN FEDERATION Retraining of workers. In calculating the taxable profit, the amount of the carrying amount of the organizations is reduced by the amount spent by the employers on these goals; Design and implementation of the social plan of the organization providing for conservation and rational use of workers ' professional capacity, social protection, improvement of working conditions and other benefits; compliance with the established quota for the employment of persons with disabilities; by the executive authorities of the constituent entities of the Russian Federation Local self-government of the number of citizens in special need of social protection or reservation of certain types of work (professions) for the employment of such citizens. 2. Employers in a timely, not less than three months ' time, and fully represent the employment services and trade union bodies or other representative bodies of employees with information on possible mass dismissals of workers, numbers and categories Workers to be affected and the duration of which they are scheduled to be carried out and shall be held liable in accordance with the established procedure. 3. Employers are required to submit monthly to the employment services: details of the application of the insolvency (bankruptcy) procedure and the information necessary to carry out the activities Vocational rehabilitation and promotion of employment of persons with disabilities; information on the availability of job vacancies (posts), the implementation of the quota for the employment of persons with disabilities, the payment of compulsory insurance contributions to the employment fund, and making a mandatory payment if a quota is not met or cannot be met for the employment of persons with disabilities. 4. Employers through the transfer of funds to the employment fund fully refund the costs of the employment services for the creation of special jobs and vocational training, advanced training, retraining in connection with employment. Workers who have acquired a professional disease or disability in the organization. 5. In the event of failure or inability to meet the quota for the employment of disabled persons, employers make a monthly mandatory payment for each disabled person under the quota. The Government of the Russian Federation shall establish the procedure and size of this mandatory payment. 6. In the event of refusal to hire without valid reasons, the organization's alumni of initial professional, secondary vocational and higher vocational education establishments have made special financial contributions to the The employment fund of the average wage of an employee in this category for a year. 7. When a citizen is employed by the employment service, the employer, within five days, shall return to the employment service with an indication of the day of employment of the citizen. If a citizen is refused employment by the employment service, the employer shall make at the service of employment the mark of the day of the citizen's appearance and the reason for refusal of employment and return the citizen's direction. Article 26. Rights of employers 1. The employer has the right to take up the work of citizens who have applied directly to it on an equal basis with citizens who have an employment service. 2. Employers who employ more than the minimum number of graduates of professional, general-education institutions, persons released from places of deprivation of liberty, and citizens who are particularly in need of social protection and In the search for work, they have the right to tax benefits established by the tax legislation of the Russian Federation. 3. Employers have the right to receive free labour market information from the employment services. 4. Where necessary, the employment services may fully or partially compensate employers for the costs of anticipating the training of citizens released from the organizations for the purpose of securing their employment, as well as for the provision of training for those who have been admitted to the labour force. The work of citizens released from other organizations. 5. The employer has the right to appeal against the actions of the Employment Service to the higher authority of the employment service and to the court in accordance with the procedure established by law. Chapter VI: SOCIAL GUARANTEES AND COMPENSATION Article 27. Benefits and compensation to employees released by from the organizations Employees released from organizations due to their liquidation, downsizing or state, or when the employment contract is terminated, benefits are granted and OF THE PRESIDENT OF THE RUSSIAN FEDERATION In the absence of funds from liquidating organizations for settlements with citizens being released, compensation shall be paid in the manner and in accordance with the conditions established by law. Article 28. Guarantees of social support for the unemployed 1. The State guarantees the unemployed: the payment of unemployment benefit; the payment of a stipend during vocational training, advanced training, retraining in the direction of employment services; ability to participate in paid public works; cost recovery for a voluntary move to another location on a job offer by the employment service; payable in the amount of due Unemployment benefits (fellowships) from the employment fund temporary incapacity for work and earnings during the 12 months preceding the official recognition of their unemployed, but not more than 30 calendar days during the 12-month period of unemployment or the entire period of The direction of the employment service. 2. The period during which a citizen, in accordance with the procedure laid down by law, receives an unemployment benefit, a scholarship, takes part in paid public works, the time required to move towards the employment of the employment service Locality and employment, as well as periods of temporary inability to work, maternity leave, recruitment for military service, involvement in activities related to the preparation of military service, with the performance of public duties, interrupted the period of service and is counted as part of the total length of service. 3. All types of benefits and other payments to the unemployed are subject to indexation in accordance with the RSFSR Act " On indexation of cash income and savings of citizens in RSFSR". Article 29. The amount of the stipend payable to citizens in period of professional training, upgrade qualification and refresher training in the direction of employment service bodies 1. During the period of vocational training, refresher training and retraining, citizens are paid a stipend: dismissed from the organizations for 12 months preceding the start of the unemployment, and paid work for at least 26 calendar weeks on full working days (weeks) or part-time (weeks) with 26 calendar weeks with full working days (week)-75 calendar weeks Percentage of their average salary calculated over the last three months at the place of work, but not below the statutory minimum wage and not above the average wage level established in the Republic of the Russian Federation, the province, the region, the cities of Moscow and Saint Petersburg, the autonomous region, the autonomous region, a district; desireting to resume work after a long (more than one year) break seeking employment for the first time (previously unemployed), as well as for laid-off from the organizations during the 12 months preceding the start of unemployment, and with less than 26 calendar weeks of paid work in this period The amount of the scholarship established by the State for the relevant educational institutions, but not less than the amount of the unemployment benefit for this category of citizens; lost the ability to carry out previous work as a result of an industrial accident or occupational disease, at the expense of the organizations concerned, at the rate of 100 per cent of the average wage calculated over the last three months at the last place of work, but not below The minimum wage is fixed by law and is no higher than the average In the Russian Federation, the regions, the cities of Moscow and St. Petersburg, the autonomous region, the autonomous region. 2. If a citizen has received vocational training, refresher training and retraining in the direction of employment services, the amount of his/her scholarship is increased by half of the law The minimum wage for each of these persons. At the same time, the maximum amount of the increase in the grant may not exceed one and a half of the statutory minimum wage. 3. Citizens living in areas of the Far North and similar localities, as well as in areas and areas where district coefficients to pay for living in difficult natural and climatic conditions are being applied Vocational training, refresher training or retraining in the direction of the employment service in the said localities, the grant at the time of their education is paid in accordance with the district coefficient. At the same time, citizens who had been dismissed from their organizations during the 12 months preceding the start of the unemployment and who had paid work of at least 26 calendar weeks during that period, the average salary for the benefit of the scholarship was not counted The district coefficient of wages. 4. Citizens exposed to radiation as a result of the Chernobyl and other radiation accidents and disasters recognized by the established order of the unemployed, a stipend during the period of vocational training, advanced training or retraining The employment service is paid by: permanently residing in the territory of the zone of preferential social and economic status, provided that it is trained in the territory of the zone-an increase of 20 per cent; residing permanently in the area of residence with the right to Occupations in the zone-increased by 50 per cent; permanently settled in the zone until they were relocated to other areas, with an increase of 100 per cent on the territory of the zone Size. The federal budget provides funding for higher-level scholarships. 5. Citizens who are sent by employment agencies to vocational training, professional development or retraining, are awarded a scholarship from the first day of their studies. 6. The allowance may be reduced by 25 per cent for a period of one month or may be suspended for up to one month in cases of failure or irregular attendance without good cause. 7. In accordance with the sentence or decision of the court, all types of deductions (alimony) shall be granted to citizens during the period of vocational training, refresher training and retraining in the service of the employment service. and other holds), but not more than half of the award received. 8. The employment services may, if necessary, pay the cost of the journey (up to the place of study and back) and the cost of living accommodation for citizens assigned by the employment service to vocational training, development or training. Retraining in another area. Article 30. The order of determination of unemployment benefit 1. Allowance for unemployed citizens who have been dismissed on any grounds is fixed as a percentage of the average wage, calculated in the last three months at the last place of work, if they are in the 12 months preceding the start Unemployment, paid work for at least 26 calendar weeks on full working days (weeks) or on part-time work (weeks) with a recalculation of 26 calendar weeks with full working days (week). 2. Unemployment benefit in all other cases, including for first-time job-seekers who do not have a profession (profession) seeking to re-employment after a long (more than one year) break, as well as Citizens who have been dismissed during the 12 months preceding the start of the unemployment and who had paid work in that period less than 26 calendar weeks are set equal to the minimum wage. 3. If there is a person who is unemployed, the amount of the allowance is increased by half the minimum wage for each of these persons. However, the maximum surcharge cannot exceed one and a half times the statutory minimum wage. In the event that both parents are unemployed, the increase in the allowance for persons in their custody shall be made by each parent. 4. Citizens living in areas of the Far North and similar localities, as well as in areas and areas where district coefficients to pay for living in harsh environmental conditions are applied and unemployment benefit is established on the basis of the district coefficient. At the same time, citizens who have been dismissed from the organizations during the 12 months preceding the start of the unemployment and who had paid work during that period for not less than 26 calendar weeks on full working days (weeks) or under conditions working day (weeks), with a recalculation of 26 calendar weeks with full working days (week), the average wage of the unemployment benefit day is calculated without regard to the district wage rate. 5. For citizens who have been exposed to radiation due to Chernobyl and other radiation accidents and catastrophes and recognized as unemployed, the unemployment benefit is paid an additional benefit: constant Living in the territory of the zone of residence with preferential social and economic status, provided that the minimum wage is 50 per cent of the minimum wage established by law, until 1 January 1991; residing permanently in the area of residence with the right to settle -The minimum wage established by law; who is permanently resident in the area of resettlement before they are resetting in other areas, in double the amount of the minimum wage established by law. The federal budget is used to finance the costs of unemployment benefits. 6. According to the sentence or decision of the court, all types of deductions (alimony, compensation and other deductions) are made, but not more than half of the unemployment benefit received. Article 31. Terms and Conditions for Payment of Unemployment Benefit 1. The unemployment benefit is paid to citizens who are recognized as unemployed in accordance with the established procedure. 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. 3. The duration of the benefit in each period of unemployment may not exceed 12 months in summary calculations for a period of 18 calendar months, except as provided for in this Act. 4. For citizens who are recognized as unemployed in the established procedure, unemployment benefits are paid from the first day of recognition of unemployed persons. 5. In case of non-provision of suitable work after 18 calendar months of unemployment, the unemployed person is entitled to the rereceipt of the unemployment benefit in the amount of the minimum wage, unless otherwise provided for by the present The law. 6. The unemployment benefit is paid at least twice a month, provided that the unemployed re-register with the specified employment service, but at least twice a month. 7. The State authorities of the constituent entities of the Russian Federation and the local authorities may establish longer periods for the payment of benefits or provide conditions for the extension of their benefits from the respective budgets. Article 32. The procedure for extending the period of payment of the benefit of unemployment to citizens with work experience, which gives the right to an old-age pension (by age) 1. Citizens whose total length of service, in accordance with the pension legislation of the Russian Federation, gives them the right to an old-age pension (by age), including pensions on favourable terms but which have not reached the retirement age, The duration of the unemployment benefit period is increased over the 12-month period of two calendar weeks for each year of work that exceeds the required length of service. The total period of unemployment benefit cannot exceed 24 calendar months in a total period of 36 calendar months. 2. At the suggestion of the employment service, in the absence of employment opportunities for unemployed persons who have been dismissed because of the liquidation of the organization, the reduction in the number or the state, and who are independent of work breaks The right of access to full old-age pension (age), including a pension on favourable terms, with their consent, is granted ahead of schedule, but not earlier than two years before the Russian Federation's statutory deadline for a retirement pension Retirement. 3. Expenses associated with early retirement are funded from the Russian Federation Pension Fund and subsequent reimbursement from the employment fund. Article 33. Amount of unemployment benefit to citizens who have been dismissed from organizations on any grounds dismissed from the military service and from the internal affairs agencies Unemployment benefit for citizens who have been dismissed by any organization 12 months prior to the start of unemployment and paid work of at least 26 calendar weeks on full working days (weeks) or on part-time work (weeks) with a recalculation of 26 calendar weeks Calendar weeks with full working day (week) as well as discharged from military service and from the internal affairs agencies and recognized as unemployed, it is charged: for the first three months of unemployment, 75 per cent of their average monthly salary (remuneration) calculated in the last three months months at the last place of work (service); in the next four months-60%; in the future-45%, but in all cases not below the statutory minimum wage higher than the average wage in the Republic of the Russian Federation, The regions, the cities of Moscow and St. Petersburg, the autonomous region, the autonomous region. Article 34. Unemployment benefit for other categories Unemployed citizens 1. Citizens who are seeking employment for the first time (who have not previously worked) who do not have a profession (speciality) seeking to re-work after a long (more than one year) break, as well as to citizens who have been dismissed from organizations on any grounds 12 months prior to the start of unemployment, but which did not have 26 consecutive calendar weeks of paid work and recognized as unemployed persons, the allowance is paid in the amount of the minimum wage. 2. Those who have completed vocational training, advanced training and retraining in the direction of employment services and are recognized as unemployed, the unemployment allowance is paid to: dismissed from the for any reason during the 12 months preceding the start of the unemployment and having been in paid employment for at least 26 calendar weeks on full working days (weeks) or on a part-time basis (weeks) 26 calendar weeks with full working day (week) in the first three A month of unemployment-at 75 per cent of their average monthly earnings, calculated over the last three months at the last place of work, in the next four months-60 per cent, in the future-at 45 per cent, but in all cases not Below the statutory minimum wage and no higher than the average wage level established in the Republic of the Russian Federation, the province, the region, the cities of Moscow and St. Petersburg, the autonomous region, the autonomous district; dismissed from organizations on any grounds for 12 months, prior to the start of unemployment, but which did not have 26 calendar weeks of paid employment for the first time (previously unemployed) without a profession (occupation), as well as seeking to re-employment after for a long (more than one year) break, in the amount of the minimum wage. Article 35. Cessation, suspension of the payment of the unemployment benefit, the reduction in its size 1. The payment of unemployment benefits may be terminated, suspended or reduced by the employment service. 2. The payment of the unemployment benefit shall be terminated with the simultaneous withdrawal from consideration as unemployed in cases of: recognition of a citizen employed on the grounds provided for in article 2 of this Law; Vocational training, refresher training or retraining in the service of the employment service with the payment of a stipend; longer (more than a month) without the unemployment of an unemployed person to the employment services without valid reasons; Moving the unemployed to another location; attempts to obtain either Receive unemployment benefit by fraud; conviction of a person receiving an unemployment benefit, to corrective labour without deprivation of liberty, as well as to a penalty of deprivation of liberty; OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. Unemployment benefit can be suspended for up to three months in cases of: Disclaimer during unemployment from two suitable jobs; firing from the last job for violation of labor discipline of the Russian Federation and other persons responsible for the actions provided for in the labour legislation of the Russian Federation, as well as the expulsion of a citizen, aimed at the education of the employment service, from the place of education for the guilty acts; The conditions and time limits for his re-registration as unemployed. The suspension of the unemployment benefit shall be made from the day following the last day of the unemployed person to the re-registration; self-satisfied termination by a citizen of education in the direction of employment services. The period for which unemployment benefit is suspended is included in the total period of unemployment benefit and is not counted towards the total length of service. 4. Unemployment benefits are not paid in periods of: temporary incapacity for work, as well as incapacity for work longer than 30 calendar days for a 12-month period of unemployment; pregnancy and childbirth; departure of the unemployed from the place of permanent residence in connection with the training in evening and correspondence institutions of vocational education; recruitment of the unemployed for war fees, in connection with the preparation for the military service, with the support of the State responsibilities. These periods are not counted during the general period of unemployment benefit and are extended. 5. Unemployment benefit can be reduced by 25 per cent for up to one month in cases of: without valid reasons for negotiations on employment with the employer within three days from the date of service by the service Employment; refusal without good reason to report to the employment service to obtain a work direction (study). 6. The decision to terminate the unemployment benefit or to reduce the amount of unemployment benefit is made by the Employment Service, with the mandatory notification of the unemployed person. Article 36. Material and other assistance 1. Unemployed citizens who have lost the right to unemployment benefit in connection with the expiry of the employment period established by the legislation of the Russian Federation on the employment of the population, as well as persons who are in the service of the unemployed, Employment may be provided during the period of unemployment by material and other assistance, including subsidies for the use of children's pre-school facilities, housing, utilities, public transport, health care and public catering. The persons who are unemployed are those who have not attained the age of 18 (students aged 24 years) who live on the means of an unemployed citizen who have no independent means of income and are related to him. There are no persons who are unemployed: receiving scholarships, pensions and unemployment benefits; who are in state detention (students in vocational schools, Children's homes and children's homes); students in special schools and children in boarding houses for whom no charge is levied from guardians and boarding schools in schools with full government support. 2. Where necessary, the employment services can provide material assistance to citizens who are directed to vocational training, advanced training or retraining. Article 37. Voluntary Insurance for Loss of Work Citizens may conclude a contract of voluntary insurance in case of loss of employment with the insurance organizations. The regulations, frequency and conditions of insurance are determined by the legislation of the Russian Federation. (Uspent force in the new version of Chapter VII (Articles 38, 39)-Federal Law of 31.12.2005 N 199-FZ) Article 2. Invite the President of the Russian Federation and instruct the Government of the Russian Federation to bring its legal acts into line with the Russian Federation Act "About employment of the population in the Russian Federation" (as amended by this Federal Law). Article 3. This law shall enter into force on the date of its official publication. President of the Russian Federation Yeltsin Moscow, Kremlin 20 April 1996 N 36-FZ