Legal regulation of unemployment. Regulatory acts regulating the payment of benefits to the unemployed legal regulation of unemployment benefits is carried out by law

Unemployment - one of the most acute problems modern society. For a separate person, unemployment means a temporary loss of earnings. IN Russian Federationwhere the low labor cost and citizens do not have the ability to create savings, loss of permanent and regular income received means a sharp decline in living standards. Unemployment allowance is a way to compensate for temporarily lost earnings of a able-bodied person in the absence of the possibility of obtaining a suitable job.

The decision on the appointment of unemployment benefits is accepted simultaneously with the decision to recognize the citizen unemployed. Unemployment benefit is charged to citizens from the first day of recognition by their unemployed. Citizens dismisted in connection with the liquidation of the organization or the reduction of the state and recognized unemployed, but not employed during the preservation period at the last place of operation of the average earnings, unemployment benefits are charged from the first day after the expiration of the specified period.

Unemployment benefit is paid monthly subject to re-registration of no more than two times a month. 1 "1 Coyfer V.G. "Legislation and Economics", employment of jobs: some actual problems, 2011, № 10 "

Article 30 of the Employment Act establishes the procedure for determining unemployment benefits. So, in general rule The amount of benefits is established as a percentage of average earnings, and in some cases (for the first time looking for work, no more than a year have not worked fired by own willing without good reasonsdismissed for violation of the discipline) The amount of benefits is established as a percentage of the subsistence minimum calculated in the subject of the Russian Federation. 2 "2 Salikova N.M. "Russian legal journal", flexible and atypical forms of employment: necessity and feasibility, 2012, № 5 "

Administrative regulations for the provision of public services for the implementation of social payments to citizens recognized in installed manner Unemployed, approved by order of the Ministry of Labor of Russia dated 29.06.2012 No. 10N.

The regulation determines the timing and sequence of administrative procedures in the exercise of social payments to citizens recognized in the prescribed manner unemployed. In turn, the rules for the registration of citizens in order to search for suitable work, the rules for the registration of unemployed citizens and the requirements for the selection of suitable work are registered in the Decree of the Government of the Russian Federation of September 7, 2012 No. 891.

The unemployed citizen must comply with the following requirements:

- be able-bodied;
- Do not have work and earnings. In this case, the payments of the output benefit are not taken into account and the average earnings remained, dismissed in connection with the liquidation of the organization or the termination of individual entrepreneur, reduction in the number or staff of the employer;
- to be registered in the employment service bodies;
- Search for work and was ready to start her.

The state provides unemployed citizens the following social guarantees (paragraph 1 Article 28 of the Employment Act):

- unemployment benefits (including during illness);
- scholarships during the period of vocational training, advanced training, retraining in the direction of employment authorities (including during the disease);
- The ability to participate in paid public works.

Currently, the organizational and legal form of the employer for the amount of unemployment benefits does not affect. Their size depends only on whether a citizen had before the recognition of his unemployed work.

Note that in addition to the unemployment benefit that does not reach the size of the subsistence minimum, state social assistance may be provided in the constituent entities of the Russian Federation.

Unemployment benefit is paid to citizens if they have previously previously preceded the beginning of unemployment, had paid work for at least 26 weeks under full-time working hours or under part-time working hours with recalculation for 26 weeks with a full working day.

Dtizn specialists in the Vologda region explained that these 26 weeks include not only the period of work at the last job, but also all periods of work for the year. In turn, the representatives of the UDN in the Amur Region clarified that when calculating from 26 weeks paid, the time was excluded when a citizen did not actually work, incl. Training periods annual leave And vacations without salary salary.

In this case, the amount of benefits depends on the average earnings of a citizen calculated over the past three months at the last job. 1 "1 Coyfer V.G. "Legislation and Economics", Problems legal support Decent work I. modern forms Employment 2013, № 5 "

Table 2- Size of unemployment benefits paid depending on the average earnings

At the same time, in all cases, the amount of payments enlarged on the size of the district coefficient should not be lower than the minimum amount of the benefit and cannot exceed its maximum value.

International law provides for the payment of benefits in the event of partial unemployment, however, in Russia, persons working on incomplete employment conditions cannot be recognized as unemployed, and therefore cannot count on receiving benefits. In practice, this leads to the fact that citizens who receive a slight remuneration for labor remain without the help from the state and are not able to assist government agencies Employment to find another suitable job. Abroad citizens working part-time receive unemployment benefits.

For example, the British legislation empowers the unemployment allowance (Jobseekers Allowance) to persons who work or learn no more than 16 hours a week. In Germany, the unemployed category includes persons employed not more than 18 hours weekly. In addition, German legislation allows part-time work for persons receiving unemployment benefits (but not more than 15 hours per week).

Such measures are adequate to modern crisis phenomena in the labor market (decline in production volumes, reduction of working time and decrease in wages) and contribute to the smoothing of the effects of material insecurity of citizens.

The right to receive unemployment benefits is provided for a limited period, the duration of which cannot be less than 13 weeks for the 12-month period (ILO Convention No. 102 "On Minimal Social Security Norms", the European Code of Social Security); There must be at least 156 working days a year (ILO Convention No. 44 "On the benefits of persons who are unemployed in circumstances independent of them"). The duration of payment of benefits on Russian legislation complies with international standards and is 12 months in total calculus within 18 calendar months or 24 calendar months in total calculus within 36 calendar months. 1 "1 Pubrase E.Yu. Employment bodies wish to know ... // Home Book, 2011, № 8 "

The size of unemployment benefits is determined as a percentage of the total amount of the previous revenues of the recipient and is set in the amount of 45% earnings (ILO Convention No. 3102); 50% of the earnings of a lone recipient or 65% of earnings for persons with a spouse and two children (European Code of Social Security). At first glance in Russia, the amount of unemployment benefits appointed by citizens who previously had paid work corresponds to international standards and (in the first 12-month period) ranges from 75% to 45% of the average monthly earnings calculated in three months at the last place of work if It would not limit its size with the maximum and minimum value.

In 2013, the minimum value for unemployment benefits is 850 rubles., Maximum - 4900 rubles.

Similar limits of benefits acted in 2009-2012.

Table 3 - the size of the minimum and maximum magnitude of unemployment benefits

In other cases, unemployment benefits are accrued in the first (6-month) period of payment and in the second (6-month) period of payment in the amount of its minimum value (850 rubles). For example, if a citizen did not work for more than a year, either during the previous 12 months had no paid work for more than 26 weeks, or was dismissed for violation of work discipline. 1 "1 Coyfer V.G. "Legislation and Economics", problems of legal support of decent work and modern forms of employment 2013, № 5 "

Lack of B. russian legislation Differentiation of the size of the manual depending on the number of dependents leads to the fact that, having lost the job, the working parent is deprived of the opportunity to feed their children. Legislation overseas states Provides a solution to this problem. For example, in Germany, the benefit is paid not only to the unemployed, but also for his children and is at the child under the age of 6 - 60% of the adult benefit; 70% - for children from 6 to 14 years and 80% for children from 14 to 18 years. In addition, since 2011, the amount of payments for children will be increased because the federal constitutional Court It was considered that these norms contradict the Constitution of the Federal Republic of Germany, because they do not provide a worthy subsistence minimum.

ILO Convention No. 44 "On the benefits of persons who are unemployed in the circumstances independent of them" (1934) suggests that unemployment benefits can be both insurance compensation for mandatory or voluntary insurance and a non-insurance fee.

In the Russian Federation, unemployment benefit, in essence, unites two payments, having a different legal nature: one compensates for lost earnings to those who previously worked, the other is a benefit in the system of state social assistance and aims to protect against poverty. Such differentiation exists in the countries of the European Union, in which the social protection system is based on the beginnings of social insurance and alex.

According to the criterion of the interaction of these, V.V. began Anthropov allocates three types of national unemployment support systems in the EU:

- Only unemployment insurance (Greece and Portugal);
- unemployment insurance and unemployment assistance (Germany, France, Ireland, Austria, Netherlands, Spain and Sweden);
- unemployment insurance and social assistance provided at the end of the insurance benefit period of insurance benefits (Italy, Belgium, Luxembourg, United Kingdom, Denmark and Finland).

Thus, in no state of the European Union, unemployment benefits are not funded only from budget funds.

In Russia, from January 1, 2001, social insurance in case of unemployment is canceled, and at present unemployment benefits are state social security and is paid from the budget.

Low dimensions of unemployment benefits indicate the need to revise the sources of its financing. Solving the problem of improving unemployment benefits is seen in the introduction of compulsory social insurance in case of unemployment for working citizens and establishing a size insurance Based on earnings from which insurance premiums will be calculated. And budget savings will increase the size of the unemployment benefits to citizens who are not covered by the obligatory social insurance in case of unemployment. 1 "1 Coyfer V.G. "Legislation and Economics", employment of jobs: some topical problems, 2011, № 10 "

The amount of unemployment benefits and scholarships paid by the employment service directly depends on the salary of a citizen at the last place of his work. That is why the package of documents submitted by a citizen in the employment service includes a certificate of average earnings of paragraph 2 Article 3 of the Employment Act.

When calculating the average earnings should be used by the procedure for calculating the average earnings to determine the amount of unemployment benefits and scholarships paid to citizens during the professional training, retraining and advanced training in the direction of employment authorities.

Middle earnings of the employee are calculated over the past 3 calendar months - from the 1st to the 1st, preceding the month of dismissal.

From the settlement period, the time is excluded when:

- the employee persisted middle earnings in accordance with the legislation;
- the worker received a manual for temporary disability or maternity allowance;
- the worker did not work in connection with the downtime, which arose due to the fault of the employer, or for reasons independent of the employer and the employee;
- the worker did not participate in the strike, but in connection with it it was not possible to work;
- the employee was provided with additional paid weekend to care for disabled children and disabled since childhood;
- the employee was exempted from working with full or partial salary retaining or without payment in accordance with the legislation;
- The employee was provided with recreation days in accordance with the legislation.

If the employee did not have accrued salaries or spent days either this period consisted of the time excluded, then the average earnings are calculated based on the salary accrued for the previous period of time equal to the calculated one.

If the employee is not only in the estimated period, but also did not have accrued salary or spent days, then the average earnings are determined on the basis of the salary amount accrued for the days spent by the employee in the month of dismissal. 1 "1 Egorkin O." Arsenal of the entrepreneur "how to calculate the average earnings for benefits for unemployment, 2013, No. 2"

When calculating the average earnings should take into account all the payments provided for by the payment system. These include salary, surcharge, surcharges, premiums, etc. At the same time, the salary, finally calculated at the end of the year, is taken into account in the amount of 1/12 for each month of the calculated period, regardless of the time of its accrual.

Prizes and remuneration are recorded as follows: 2 "2 Salikova N.M. "Russian legal journal", flexible and atypical forms of employment: necessity and feasibility, 2012, № 5 "

- Monthly premiums and remuneration - no more than one payment for the same indicators for each month of the estimated period;
- Prizes and remuneration for a period of work exceeding one month - no more than one payment for the same indicators in the amount of the monthly part for each month of the settlement period;
- Remuneration on the results of work for the year, a one-time remuneration for long service (work experience), other rewards on the results of work for the year accrued for the previous calendar year, in the amount of one twelfth for each month of the calculated period, regardless of the time of accrual of remuneration.

If the time coming to the estimated period, not fully or in it were excluded periods, then premiums and remuneration take into account the time spent in the estimated period. The exceptions are monthly premiums paid together with the salary for the month.

If the worker worked for an incomplete working period, while premiums and remuneration were accrued in proportion to spent time, they are taken into account based on the actual accrued amounts in the above order.

The employer is obliged to issue former employee certificate of average earnings no later than three working days from the date of receipt of the corresponding written statement of Article 62 of the Labor Code of the Russian Federation.

It often happens that the employee is problematic to get a certificate of average earnings, because Place it last work It is at a considerable distance from the current place of residence. In this case, specialists of the Employment Agency of the Republic of Kalmykia advise to make a written request to the employer so that he will send this certificate to the employee. 1 "1 Polyskov S. consult specialists of the employment service // Arsenal of the entrepreneur. 2012. number 10 "

On the legislative level The form of this reference is not approved. Most often regional centers Employment takes information on the established samples. Rostrud in a letter No. 3281-6-2 indicated that the certificate approved by local authorities could be used in the work of the employment service authorities before the adoption of this form at the federal level. Also, officials noted that the employer has the right to fill out a certificate of arbitrary format with an indication of the details generally accepted for documents and containing information about the average earnings.

Usually under generally accepted details are meant an angular stamp (or the name of the employer, its address and telephone), round printing, signatures with decoding, INN.

Please note that employment centers have the right to check the accuracy of documents and information provided by employers and citizens. Specialists of the Department of Labor and Employment of the population of Moscow were indicated.

On the Office website Altai Region It sounded that the receipt of citizens of unemployment benefits by introducing into the delusion of experts of employment centers, hiding the fact of employment, submitting substrate documents and unreliable information entails:

- recovery from citizens of the whole amount of illegally received benefits for unemployment and interest for using other people's money.
- criminal liability under the article "Fraud".

The restoration of the illegally dismissed citizen does not indicate that in the period after dismissal, the citizen received the status of the unemployed baseless.

The fact is that before recovery at work, he did not work and earn money and had the right to contact the Center for Employment for Registration and Receive Unemployment Aids (Resolution of the Volga District of July 31, 2012 No. A12-22764 / 2011) presented in the Appendix.

Introduction

1. The concept of unemployment benefits and the order of registration of the unemployed

1.1 Unemployment benefit concept

1.2 The concept of unemployed. The order of registration is unemployed

2. Size of unemployment benefits and payload

2.1 Procedure for determining the size of unemployment benefit

2.2 Terms and deadlines for unemployment benefits

3. Suspension and termination of unemployment benefits

3.1 Size reduction and suspension of unemployment benefits

3.2 Termination of unemployment benefits

Conclusion

Bibliography

Introduction

Unemployment is the unemployment of the economically active population in economic activity. There is a friction unemployment, when the individual is not looking for work on his own request, and institutional unemployment, which arises in the event of a state or trade union intervention in the establishment of wage rates other than those who could be formed in an unnecessary market economy.

Relevance of this term paper It is that many citizens remaining without work can independently adapt in the contemporary labor market. Law "On Employment of the Population in the Russian Federation" dated 04/19/1991 №1032-1 (ed. From 10/18/2007) is intended to regulate issues social support unemployed.

The purpose of this course work is to study the issue of social benefit on unemployment in the Russian Federation.

Due to the goal, it is necessary to study the following tasks:

- the concept of unemployment benefits;

- Legal regulation of unemployment benefits;

- the concept and procedure for recognizing the persons unemployed;

- conditions and amount of unemployment benefits;

- deadlines for unemployment benefits;

- Terms of suspension and termination of unemployment benefits.

The subject of the research is an unemployment allowance, as one of the types of social security.

The object of the study is the system of functioning of the payment of unemployment benefits in various aspects and the prospects for further development.

In the process of preparing this course, I reworked a large number of literature, including periodic publications. Work is built in strict accordance with recent changes legislation.

1. Unemployment benefits and regulation of the unemployed

1.1 Unemployment benefit concept

Unemployment benefit - a state-guaranteed material support for the unemployed in the form of periodic payments. The payment of unemployment benefits is carried out at the expense of funds federal budget. Unemployment benefits have the right to receive citizens registered by the employment body as unemployed, dismissed on any basis and first seekers. The decision on the payment of benefits is accepted simultaneously with the decision of the Employment Service for the recognition of a citizen unemployed, i.e. At the third stage of registration.

The amount of unemployment benefits and the procedure for its payment is established by Art. 30-35 Employment Act. The amount of benefits is established as a percentage of average earnings over the past three months at the last place of work, if a citizen has been fired for 12 months preceding unemployment and had at least 26 calendar weeks on this period under conditions of full or incomplete working time with recalculation of 26 Calendar Weeks Happy Work Day (Week). In other cases (including citizens, first looking for work or renewable labor activity After a more annual interruption), unemployment allowance is established as a percentage of the subsistence minimum calculated in the subject of the Russian Federation in the prescribed manner. The accrual of benefits in the first case and in the case of dismissal from the armed forces, internal, railway troops, the federal security authorities and internal affairs bodies from the moment of registration as unemployed in the following sizes: in the first three months, unemployment is 75% of the average monthly earnings (monetary contentment), calculated over the past three months at the last place of work (service); In the next four months, unemployment - 60%; In the future, 45% of the specified earnings. In all cases, the amount of benefits should be no higher than the subsistence minimum calculated in the subject's subject, and not lower than 30% of the specified subsistence minimum. With the provision of work for more than 18 months, unemployed unemployed has the right to re-obtain a benefit of 30% of the subsistence minimum. The amount of unemployment benefits in all cases should not be below 100 rubles.

The manual is paid to the unemployed prior to its employment, but not more than 12 months in total calculus within 18 calendar months, with the exception of cases provided for by law. The state authorities of the constituent entities of the Russian Federation and local authorities can establish more long deadlines payments for unemployment benefits or provide for the extension of payments for certain conditions As part of approved targeted programs at the expense of the relevant budgets. The period of payment is extended over 12 months to citizens with experience, giving the right to retire old age, for two weeks for each year of work exceeding the required experience. In these cases

the general period of unemployment benefits cannot exceed 24 calendar months (two years) in total calculus within 36 calendar months.

Unemployed citizens who have sufficient labor experience for a complete old-age retirement (including preferential conditions) who did not have every five years before the break in the work of more than 12 months, on the proposal of the employment authority pension with their consent, is accounted for early, but not more than Two years before the prescribed retirement age.

Thus, unemployed pre-age age with great care experience can receive two years of unemployment benefit, and then early two years earlier than retirement age to receive old-age retirement. This is a big social guarantee of unemployed pre-age.

The law provides for an increase in unemployment benefit size for the following categories of unemployed citizens:

The first category includes citizens who have other faces on the content. At the same time, unemployment benefits increase by 10 percent of the subsistence minimum, calculated in the subject of the Russian Federation in the prescribed manner, but not less than 50 rubles for each of each specified persons. At the same time, the maximum amount of additional payments cannot exceed 30 percent of the subsistence minimum calculated in the subject of the Russian Federation in the prescribed manner. In the event that both parents are unemployed, an increase in the amount of benefits on their contents is made by each of the parents.

Children, father, mother, spouse, brothers, sisters, grandchildren who do not have able-bodied parents, grandchildren, grandchildren, who do not have able-bodied parents, grandfather, and grandmother, who do not have able-bodied parents, grandfather and grandmother are obliged to contain them, may include those who are unemployed. At the same time, the family members listed above can be considered in dependency of a citizen if they are on its full content or receive assistance from it, which is a constant and main source of livelihood. Children are considered to be dependent on both parents, no matter what labor payment is obtained by each of them. This means that the child's allowance is appointed to the benefit of any of the parents recognized as unemployed, even if his earnings were less than that of that spouse that continues to work.

The second category includes citizens living in the regions of the Far North and equivalent areas, as well as in areas and locations, district coefficients Salary for accommodation in heavy natural climatic conditions. In these cases, the amount of benefits is established taking into account the regional coefficient in this area. At the same time, citizens dismissed from organizations within the 12 months preceding the beginning of unemployment, and had at least 26 calendar weeks on the terms of a full working day (weeks) or on the terms of an incomplete working day (weeks) with recalculation of 26 calendar full-year weekly (week), average wage Unemployment benefits are calculated for the accrual of unemployment benefits, taking into account the district coefficient and interest rate allowance for wages for work experience in areas and locations.

And finally, the third category of citizens to which citizens referred to the impact of radiation due to Chernobyl and others radiation accidents and catastrophe and recognized in the prescribed manner unemployed, an additional benefit is paid to unemployment benefit

- permanently residing in the territory of the area of \u200b\u200bresidence with preferential socio-economic status, subject to permanent residence in the area until January 1, 1991 - in the amount of 10 percent of the subsistence minimum calculated in the subject of the Russian Federation in the prescribed manner, but not lower than 50 rubles;

- permanently residing in the territory of the area of \u200b\u200bresidence with the right to remove - in the amount of 20 percent of the subsistence minimum calculated in the subject of the Russian Federation in the prescribed manner, but not lower than 100 rubles;

Tensions in the Russian labor market and its overcoming mechanisms. Factors affecting the dynamics of employment and unemployment.

Among the factors affecting the dynamics of unemployment, the fundamental are the following:

1. Demographic factors - a change in the share of economically active population as a result of shifts in the level of birth, mortality, and the age structure of the population, the average life expectancy, in the directions and volumes of migration flows.

2. Technical and economic factors - the pace and directions of NTP, which cause labor savings. The destruction of high-tech Russian industries, the holding of conversion without taking into account the economic and social consequences at all levels created the threat of mass bankruptcy of enterprises and avalanche-like release of labor.

3. Economic factors - the state of national production, investment activity, financial and credit system, price level and inflation. According to A. Ouchen, there is a negative connection between the unemployment rate and the volume of GNP, each "surge" of unemployment is associated with a decrease in the real volume of GNP.

The problem of the rational distribution of the population in the areas of socially useful activities.

9. Demand on the labor market and factors determining it.

The demand for the work of the subjects of whose business and the state are in the opposite dependence on the magnitude of the wage. If wages increase, the employer will be forced to reduce the number of employees they hire them (the demand for labor is reduced), and in case of a decrease in wages, it will be able to hire additional workers (labor demand will increase). This dependence between the value of wages and the demand for labor is expressed in the demand curve for labor.

Factors defining the demand for work:

Wage. All other things being equal, the dependence between the amount of demand for labor services and its price is reverse.

Demand for final products. The higher the demand for the final product, the higher the demand for work.

Interchangeability of production factors. If the price is high, it will be replaced by cheaper production factors.

The qualification level of employees. The level of qualification, other things being equal, suggests higher limit performance, which leads to a replacement by the work of less profitable production factors.

Labor profitability. In the market of perfect competition, the volume of demand for labor will increase until the marginal income from the use of the labor factor will be equal to costs, i.e. Wages (MRPL \u003d W)

Factors defining the proposal of labor:

The magnitude of the real wage. The relationship between real wages and the amount of labor supply is straight (the higher the wages, the greater the proposal of labor).

Strategy hired. An employee invests time and money in increasing its own production opportunities by obtaining education.

Time. A person stands in front of an alternative to the time distribution of the day: if it is to rest more, then the less will remain for work. It is under the influence of two effects inherent in the markets of goods and services - the effect of replacement and income effect. The effect of substitution means displacing the free time of labor time. The effect of income is manifested in the fall of the labor supply with increasing wages. Those. When an employee achieves a certain level of income and material well-being, he pays more and more time to relax and other pastime. At the same time, they take into account the missed earnings that could be with refusal to leisure.

Legal regulation Unemployment.

11. Legal status unemployed.

Unemployed - able-bodied citizens who do not have a job or earnings are registered in the employment service bodies in order to search for suitable work, are looking for work and are ready to start it. Registration of unemployed citizens is carried out by employment bodies at the place of residence in such a sequence: primary registration; Registration of unemployed citizens in order to find a job; Registration of citizens as unemployed; Re-registration of unemployed citizens. The decision to recognize the unemployed is made no later than 11 calendar days from the date of registration in order to search for suitable work.

The unemployed may not be recognized as citizens:

a) under the age of 4 years;

b) receiving retirement by age or by service of years;

c) refused within 10 days from the date of their registration in order to search for suitable work from two versions of such work, and for the first time job-seekers who have no profession (specialty) - in the case of two failures from obtaining training or from the proposed paid work;

d) who did not appear during the first 10 days without good reasons to the employment service authorities for the proposal of the appropriate work, as well as not appeared on the time set for registering them as unemployed;

e) convicts by a court decision to correctional work without imprisonment, as well as to punish in the form of imprisonment. Citizens who are refused to recognize them by the unemployed are entitled to re-appeal to the employment authorities after one month from the date of refusal to decide on the recognition of their unemployed.

Cases of removal of unemployed citizens from registration accounting:

a) recognition of citizens occupied;

b) the passage of vocational training, advanced training or retraining in the direction of employment bodies with the payment of scholarship;

c) non-appearance without good reasons for 10 days from the date of their registration in order to find work in employment bodies to offer them suitable work, as well as non-emergence and on time to register them as unemployed;

d) long (more than a month) failure to appear in employment bodies without good reasons;

e) moving to another locality;

(e) Establishing abuse by citizens (concealment of earnings (income), providing documents containing obviously false information, as well as providing other inaccurate data for recognizing the unemployed, etc.);

g) condemnation to the punishment in the form of imprisonment;

h) appointment in accordance with pension legislation RF Pensions in old age (age), for long service.

12. The concept of suitable and inappropriate work.

This is a suitable such work, including a temporary nature that corresponds to:

Professional fitness of the employee, taking into account the level of its training (determined by the level vocational educationcommitted by the relevant diploma, evidence or order of the enterprise, the duration of work on this specialty and level of qualification (discharge, class, category));

Conditions of the last place of work (with the exception of paid public works), (i.e., payment and labor protection);

Health status;

Workplace transport accessibility.

It is associated with a variety of residence without the consent of a citizen;

Working conditions do not comply with the rules and norms on labor protection;

The proposed earnings below the average earnings of a citizen, calculated over the past three months at the last job. This provision does not apply to citizens, whose average monthly earnings exceeded the subsistence minimum of the able-bodied population (hereinafter referred to as the subsistence minimum), calculated in the subject of the Russian Federation in the prescribed manner.

The proposed earnings below the subsistence minimum calculated in the subject of the Russian Federation in the prescribed manner.

Chapter I. General

Article 1. Employment of citizens

1. Employment is the activities of citizens associated with the satisfaction of personal and social needs, not contrary to the legislation of the Russian Federation and bringing them, as a rule, their earnings, work income (hereinafter - earnings).

2. Citizens belong exceptional law dispose of its abilities to productive, creative work. Forcing to work in any form is not allowed, unless otherwise provided by law.

The unemployment of citizens cannot serve as a basis for bringing them to administrative and other responsibility.

Article 2. Busy citizens.

Article 3. The procedure and conditions for the recognition of citizens are unemployed.

Article 4. Suitable and inappropriate work.

Article 5. Public policy in the field of promoting employment.

Article 6. Legislation on employment.

Article 7. Powers federal organs state power in the field of employment promotion.

Article 7.1. The powers of the Russian Federation in the field of employment promotion of the population transferred to the state authorities of the constituent entities of the Russian Federation.

Article 7.2. Participation of local governments in promoting employment.

Chapter II. The rights of citizens in employment.

Article 8. The right of citizens to choose from the place of work.

Article 9. The right of citizens to consult, professional orientation, psychological support, training, retraining and advanced training, obtaining information in the employment service bodies.

Chapter III. State guarantees in employment.

Article 12. State guarantees in the realization of the right of citizens to work.

Article 13. Additional guarantees of employment for some categories population.

Chapter IV. Regulation and organization of employment.

Chapter V. Employers' participation in ensuring employment.

Chapter VI. Social guarantees and compensation.

Chapter VII. Control over the execution of this Law and responsibility for its violation.

14. Regulations on the procedure for registering the unemployed and the conditions for payment of unemployment benefits.

Decree of the Government of the Russian Federation of 11/17/1992 N 877.

Regulations on the procedure for the registration of unemployed citizens and the conditions of payment of unemployment benefits

This provision determines the general procedure for the registration of citizens who applied to find suitable work, recognizing them as unemployed, as well as the terms of the payment of unemployment benefits in accordance with the Law of the Russian Federation "On employment of the population in the Russian Federation".

I. General provisions

II. Primary registration of citizens

III. The procedure for working with citizens

IV. Recognition of citizens unemployed

V. Appointment and payment of unemployment benefits

Vi. Unemployment benefits

VII. Social support for individual categories of unemployed

VIII. The duration of the payment benefits of unemployment benefits

IX. Suspension and termination of payment of unemployment benefits

15. State employment policy of the population.

State employment policy should solve two main issues:

first, satisfying the need for the working power of the functioning investment capital. Energetic and profitable functioning capital is the best evidence of the efficient use of labor;

secondly, the provision of working places of the able-bodied population as a condition for the normal existence of people. Caring for the welfare of the population is the traditional function of the state.

Politics russian state In the area of \u200b\u200bemployment, it is carried out in the following directions:

ensuring equal employment opportunities to all citizens of the country, regardless of gender, nationality, age, social status and religion;

compliance with the voluntaryness of labor, free will-expressing citizens when choosing a type of employment;

ensuring social protection in the field of employment;

support for the independence of the regions when conducting centralized state events in solving employment problems;

support for the labor and entrepreneurial initiative of citizens carried out within the framework of the legality;

coordination of employment activities with other areas of state bodies - economic and political, including social Security, regulation and distribution of income;

encouraging employers creating new jobs;

ensuring employment for small peoples, taking into account the historically established types of employment;

international cooperation in solving employment problems.

When conducting public employment policies, conventions and recommendations are becoming increasingly important International Organization Labor (ILO) (1919). Different labor conventions are being developed and payment based on application modern rules and approaches.

16. Program for promoting the employment of the population of the Stavropol Territory.

Resolution of the Governor SK dated 24.03.97 N 197

"On the Program for the Promotion of Employment of the Population of the Stavropol Territory for 1997"

The state employment policy is aimed at preventing the growth of unemployment, generating a whole range of problems: the purchasing power and standard of living of a significant part of the population is reduced, the organization is losing qualified personnel, the risk of social tensions increases.

The program provides for the consolidation of the actions of ministries, offices and departments for the implementation of the policy of the Government of the Stavropol Territory in the labor market, activities for the improvement of the economy. The program focuses on the mitigation of social tensions through the implementation of active and passive Employment Policy.

The main task of the developed program is to promote the employment of the working-age population of the Stavropol Territory, determine the level of registered unemployment.

State and prospects for the development of the labor market

Labor market

Professional training of unemployed citizens

Professional orientation

Promotion in employment

Target support for jobs to curb the release of employees and employment of unemployed citizens

Promoting the entrepreneurial initiative and support for the self-employment of unemployed citizens

Temporary employment and public works

Support for citizens with limited ability

Support for citizens dismissed from military service and members of their families

Facilitating youth employment

Teacher temporary employment

Promoting employment of women

Labor activity of prisoners and liberated from institutions acting

Revenue support for unemployed

Program resource provision

This program reflects funding at the expense of the State Employment Fund.

Program Implementation Efficiency

Program Implementation Control

The implementation of the program is carried out by the Department Federal Service Employment in the Stavropol Territory together with interested bodies executive power and with the participation of the executive authorities. As a tool for controlling the execution of the program, the conclusion of the Coordination Committee for promoting employment of the population will be used, preparation of semi-annual reports.

17. Secondary employment as a way to adapt to economic reforms.

In difficult conditions of the transition period, the employment of the population is under the influence of the emerging labor market and reflects many contradictions of this period. In this regard, it is necessary to consider such an important issue as secondary employment - a way to adapt to socio-economic reforms.

It is impossible not to note such an important feature of the development of secondary employment in Russia: at the very beginning of economic reforms, a tangible impulse to legal dissemination as a result of the cancellation of administrative restrictions on combat and other types of acquisitions, the secondary employment sector, achieving certain quantitative marks, has stabilized. Representatives of the most competitive groups in the labor market are often involved in secondary employment: men, people of young and middle-aged education, which are not lower than the average, managers and specialists, residents of large cities, workers of universal mass professions. In the structure of motives have additional workThe accommodation, which defining the role plays an increase in income (84%).

The essential characteristic of secondary employment is that additional work people find mainly in the field of informal (unregistered) labor relations. This is due to instability and low salary in state structures, with difficulty in finding a permanent work in a growing unemployment, as well as instability of informal employment, which keeps employees from dismissal from the main place of work even at a low salary.

Of course, secondary employment should not be a universal means of solving material and other problems of the working population of Russia. In a normally functioning economy, each employee must be able to realize himself and get sufficient income at the main place of work. In conclusion I would like to note that secondary employment performs several functions for the labor market:

For employees, it is primarily a means of survival in difficult socio-economic conditions;

For managers of enterprises, secondary employment of employees is the method of "torturing labor", the preservation of the technological and social core of the team;

For the state, this is a "shock absorber" of social tensions, the mechanism of adaptation of workers to new socio-economic conditions.

18. Informal employment of the population.

The scale of informal employment in Russia is higher than in most developed countries. This is due, on the one hand, with the desire to avoid taxation of income and bureaucratic procedures, and on the other hand, with a low level of wages at the official place of work and with systematic delays of its payment.

The informal employment in Russia includes officially unregistered economic activities employed not paying taxes.

The overall level of Russian population involvement in informal employment is comparable in developing countries. However, in developing countries, as a rule, informal activities on the conditions of primary employment are taken into account. For this indicator, the situation in Russia is still far from developing countries. For Russia, it is more characteristic of the periodic participation of the population in informal employment as a way to delete difficult times. The achieved level of employment in the informal sector for Russia seems very high, and the trend towards its growth is preserved. Currently, the outflow of working from the formal sector into informal, forced to enter the labor market of the economically inactive population, which replenishes mainly the informal sector, expanding secondary employment, incl. In the informal sector, due to the decline in the standard of living of the population, systematic arrears on the salary and low wage in the public sector, the overall extent of employment in the formal sector. So, the informal sector develops by reducing solvent demand for labor In the formal sector of the economy and displacement in this way occupied from the formal sector. Developing, the informal sector forms its own labor demand.

The scale of informal employment in Russia can significantly reduce the normalization of the socio-economic situation as a whole, reducing tensions in the labor market, raising the standard of living of the population in the expansion of employment opportunities in the formal sector, increasing the attractiveness of formal employment, a significant decrease in the factors that encourage the population to informal employment .

19. Women's unemployment and employment of women.

The problem of employment of the able-bodied population increasingly sounds like the problem of unemployment, and first of all it concerns women. In Russia today, 34 million women work - 48% of all workers.

Women due to their belonging to the weak floor are distinguished by a number of physiological features, the situation in the social structure of our society, so in our country, as in other countries of the world, traditionally social work with women is considered a more important sphere of social activities.

The main reason for the allocation of women as a social group in need of greater social support is related to their childbearing ability, which, ensuring the continuation of the kind, is the basis of the viability of one or another society.

It should be noted that the level of education of working women is somewhat higher compared to men. Among the busy who had higher education, 52.8% make up women.

In a particularly serious position there are women relating to

women having young children, disabled children;

lonely mothers;

medium and higher graduates educational institutionswho do not have experience;

pre-age women;

wives of military personnel who lose qualifications due to frequent movements;

large mother.

20. Youth unemployment and social protection of young.

Currently, in the Russian Federation, the state did not create the necessary conditions that ensure the realization of the right of young citizens to work. The growth of unemployment among young people leads not only to economic losses for the younger generation, for the personality and family of a young citizen. The scientific and technical and professional potential of enterprises is reduced, the foundations for future economic growth are undermined. In the youth policy at the level of the Federation, the modern, flexible regulatory framework is still no applied. This applies primarily by the Federal Law on State Youth Policy, as well as fiscal mechanisms for the interaction of the Center and Regions as part of a program-targeted approach to youth policy.

At the level of the regions, in general, the system of social services for working with young people is developing. However, it should be noted that this is only contours, the root of that huge mechanism, which should provide social assistance to young people. This is particularly clearly seen by the example of the organization of youth social services in Europe, which are well structured and provided with funds.

The analysis showed that the main reasons for the growth of unemployment among young people are the following factors:

1. Structural inconsistencies of the graduate profile needs of the labor market, lack of scientific forecast in demand of personnel.

2. Incompliance of the qualification level of graduates with employers' requirements.

3. Reducing practical skills at the profession gained in young professionals.

4. Low salary in young professionals.

5. Unwillingness and lack of opportunities for teaching young professionals in production, undisguised ignoring by employers social law young professionals.

6. Error or conjunctural choice of profession, specialty.

In order to mitigate the consequences of the abnormalness of graduates, the employment service solves the employment issues in the framework of various programs. However, due to the lack of funding, this direction of work is carried out in minor volumes, which can not actually affect the situation.

In order for the employment of young people to be successful and long-term, work on their career guidance should be carried out jointly by professional employment service, representatives of educational institutions and employers. Each of these three sides can and should make its significant contribution to it.

21. Causes of secondary employment of young people.

22. Gender discrimination on the Russian labor market.

There are several types of discrimination in the labor market for the scope of action or results.

Discrimination when hiring to work (or, on the contrary, when dismissing from work). It takes place when one or another group of the population, with other things being equal, the latest takes to work and are first fired.

Discrimination in access to certain professions or positions. It happens when some group of people prohibit or limit access to certain types of activities, professions, posts, despite the fact that they are able to fulfill these works.

Discrimination when paying labor. It occurs in the case of lower wages of one employees compared to others for the performance of the same work. That is, in the case when differences in remuneration are not related to differences in labor efficiency.

Discrimination when promoting in service, in a professional career. It is observed when employees of the discriminated group are limited in vertical mobility.

Discrimination upon receipt of education or training. It can be expressed or in limiting access to education and training, or in the provision of lower quality educational services. This type of discrimination cannot be fully attributed to discrimination in the labor market, as education is usually preceded by labor activity. But, despite the "dotter" character of this type of discrimination, its causes and investigations are closely related to the functioning of the labor market.

Thus, the discrimination and mechanism of the self-removal of women who do not allow them to occupy the situation with men are also in the labor market.

Wide participation of women in labor activity did not lead to the elimination of the differences between men and women in the field of employment. With a quantitatively close level of economic activity of men and women, a similar type of labor activity throughout the life cycle, women continue to work in the conditions of horizontal and vertical segregation in the labor market and are at the average less wage. Thus, to eliminate the economic foundations of gender inequality, it is not enough to ensure the same participation of men and women in labor activity. To do this, it is necessary to change the structure of demand in the labor market, the practice of hiring and promoting personnel, increase the significance and prestige of the jobs occupied by women.

23. Unemployment and family.

Families reproduce labor and for this need at least minimal existence. For their receipt, employees are trying to earn money by looking for work, correlating vacancies in the labor market with the level of income of their families. On the other hand, they can receive unemployment benefits, no matter how small it is, or to continue to enjoy the benefits of the enterprise.

The real number of unemployed with difficulty is definition. During this number, the number of registered as unemployed can be made in order to receive unemployment benefits and find a job.

24. Causes and problems of children's employment. Criminalization of child labor.

25. Socio-labor rehabilitation of persons with disabilities.

Restoration of the health of persons with disabilities has a lot of state importance: the effective solution of this issue is associated with a decrease in the number of persons with disabilities, returning to the full work of people who have lost all or largely working capacity due to illness or injury, and is also associated with a considerable savings of the state allocated by the state for social Providing disabled.

The existing classification of labor, or the professional rehabilitation of persons with disabilities, - complete, incomplete, partial - is conditional. With properly organized recovery treatment and vocational training, an effective employment of the disabled is possible.

An important socio-political task is to provide the possibility of able-bodied disabled person to participate in labor life, i.e. Involve him for a long time in a labor life or - if possible, in the common labor market.

Depending on the severity of disabilities and the effectiveness of rehabilitation activities, the following types of professional rehabilitation can be distinguished:

adaptation at the same workplace;

resadaptation - work in a new workplace with changed working conditions, but in the same enterprise;

work with reduced physical activity in accordance with the acquired new qualifications close to the previous specialty;

retraining;

pereviation B. rehabilitation center and subsequent employment both in the rehabilitation center and in rehabilitation workshops at the place of residence.

Introduction

1. The concept of unemployment benefits and the order of registration of the unemployed

1.1 Unemployment benefit concept

1.2 The concept of unemployed. The order of registration is unemployed

2. Size of unemployment benefits and payload

2.1 Procedure for determining the size of unemployment benefit

2.2 Terms and deadlines for unemployment benefits

3. Suspension and termination of unemployment benefits

3.1 Size reduction and suspension of unemployment benefits

3.2 Termination of unemployment benefits

Conclusion

Bibliography

Introduction

The relevance of this course work is that many citizens remaining without work can independently adapt in the conditions of the modern labor market. The law "On employment of the population in the Russian Federation" of 04/19/1991 No. 1032-1 (Ed. Of October 18, 2007) is intended to regulate the issues of social support for the unemployed.

The purpose of this course work is to study the issue of social benefit on unemployment in the Russian Federation.

Due to the goal, it is necessary to study the following tasks:

- the concept of unemployment benefits;

- Legal regulation of unemployment benefits;

- the concept and procedure for recognizing the persons unemployed;

- conditions and amount of unemployment benefits;

- deadlines for unemployment benefits;

- Terms of suspension and termination of unemployment benefits.

The subject of the research is an unemployment allowance, as one of the types of social security.

The object of study is the system of functioning of payment benefits for unemployment in various aspects and prospects for further development.

In the process of preparing this course, a large number of literature was reworked by me, including periodicals. Work is built in strict accordance with the latest changes in legislation.

1. Unemployment benefits and regulation of the unemployed

1.1 Unemployment benefit concept

Unemployment benefit - a state-guaranteed material support for the unemployed in the form of periodic payments. The payment of unemployment benefits is carried out at the expense of the federal budget. Unemployment benefits have the right to receive citizens registered by the employment body as unemployed, dismissed on any basis and first seekers. The decision on the payment of benefits is accepted simultaneously with the decision of the Employment Service for the recognition of a citizen unemployed, i.e. At the third stage of registration.

The amount of unemployment benefits and the procedure for its payment is established by Art. 30-35 Employment Act. The amount of benefits is established as a percentage of average earnings over the past three months at the last place of work, if a citizen has been fired for 12 months preceding unemployment and had at least 26 calendar weeks on this period under conditions of full or incomplete working time with recalculation of 26 Calendar Weeks Happy Work Day (Week). In other cases (including citizens, for the first time looking for work or renewing labor activities after a more coming break) unemployment allowance is established as a percentage of the subsistence minimum calculated in the subject of the Russian Federation in the prescribed manner. The accrual of benefits in the first case and in the case of dismissal from the armed forces, internal, railway troops, the federal security authorities and internal affairs bodies from the moment of registration as unemployed in the following sizes: in the first three months, unemployment is 75% of the average monthly earnings (monetary contentment), calculated over the past three months at the last place of work (service); In the next four months, unemployment - 60%; In the future, 45% of the specified earnings. In all cases, the amount of benefits should be no higher than the subsistence minimum calculated in the subject's subject, and not lower than 30% of the specified subsistence minimum. With the provision of work for more than 18 months, unemployed unemployed has the right to re-obtain a benefit of 30% of the subsistence minimum. The amount of unemployment benefits in all cases should not be below 100 rubles.

The manual is paid to the unemployed prior to its employment, but not more than 12 months in total calculus within 18 calendar months, with the exception of cases provided for by law. The state authorities of the constituent entities of the Russian Federation and local governments can establish a longer period of payment of unemployment benefits or provide for the extension of payments for payment under certain conditions within the framework of approved targeted programs at the expense of the relevant budgets. The period of payment is extended over 12 months to citizens with experience, giving the right to retire old age, for two weeks for each year of work exceeding the required experience. In these cases

the general period of unemployment benefits cannot exceed 24 calendar months (two years) in total calculus within 36 calendar months.

The law provides for an increase in unemployment benefit size for the following categories of unemployed citizens:

The first category includes citizens who have other faces on the content. At the same time, unemployment benefits increase by 10 percent of the subsistence minimum calculated in the subject of the Russian Federation in the prescribed manner, but not less than 50 rubles per person. At the same time, the maximum amount of additional payments cannot exceed 30 percent of the subsistence minimum calculated in the subject of the Russian Federation in the prescribed manner. In the event that both parents are unemployed, an increase in the amount of benefits on their contents is made by each of the parents.

The second category includes citizens living in the regions of the Far North and equivalent areas, as well as in areas and areas where district wage coefficients are used for accommodation in severe natural climatic conditions. In these cases, the amount of benefits is established taking into account the regional coefficient in this area. At the same time, citizens dismissed from organizations within the 12 months preceding the beginning of unemployment, and had at least 26 calendar weeks on the terms of a full working day (weeks) or on the terms of an incomplete working day (weeks) with recalculation of 26 calendar For a full time week (week), the average salary for accrual of unemployment benefits is calculated taking into account the district coefficient and interest rate allowance for wages for work experience in areas and locations.

And finally, the third category of citizens to which citizens belong to the influence of radiation due to Chernobyl and other radiation accidents and disasters and recognized as an established manual unemployed, additional benefits are paid to the unemployment benefit

- permanently residing in the zone of squeezing to their relocation to other areas - in the amount of 40 percent of the subsistence minimum calculated in the subject of the Russian Federation in the prescribed manner, but not less than 200 rubles.

With unemployment benefits, all types of deductions are made (alimony, compensation for damage, reverse recovery from the employee of the monetary amounts obtained on the basis of judicial decision) In the manner prescribed by the law on enforcement proceedings.

Citizens recognized in the established manner unemployed, completed professional training, advanced training and retraining in the direction of employment bodies, but not employed at the end of training, in accordance with paragraph 2 of Art. 34 of the Law on Employment, unemployment benefit is paid in the following sizes:

- citizens dismissed from organizations on any reasons for 12 months preceding the beginning of unemployment, and had at least 26 calendar weeks on the terms of a full working day (week) or by recalculating conditions during this period 26 calendar weeks on a full working day (week) in the first three months of unemployment - in the amount of 75 percent of their average monthly earnings, calculated over the past three months at the last place of work, in the next four months - in the amount of 60 percent, in the following - in the amount of 45 percent, but in all cases no higher than the subsistence minimum calculated in the subject of the Russian Federation in the prescribed manner, and not lower than 20 percent of the specified subsistence minimum. At the same time, the amount of unemployment benefits should not be below 100 rubles;

- Citizens dismissed from organizations for any reasons for 12 months preceding the beginning of unemployment, but who did not have a paid job for the first time after the work (previously not worked), who did not have a profession (specialty), and also seeking to resume Labor activity after a long (more than one year) break - in the amount of 20 percent of the amount of the subsistence minimum, calculated in the subject of the Russian Federation in the prescribed manner, but not lower than 100 rubles.

The main condition for the payment of unemployment benefits is the recognition of a citizen unemployed. The decision on the appointment of unemployment benefits is made by the employment service authorities simultaneously with the decision on the recognition of a citizen unemployed in the manner specified in Article 3 of the Employment Act. Citizens recognized in the established manner unemployed, unemployment benefits are charged from the first day of recognition by their unemployed.

The duration of payment of benefits in each unemployment period cannot exceed 12 months in total calculus within 18 calendar months, except in cases provided by law About employment. The state authorities of the constituent entities of the Russian Federation and local governments can establish a longer period of payment of benefits or provide for the conditions for the extension of their payments at the expense of the relevant budgets.

For citizens, the first job seekers (previously not worked), which have no profession (specialty), seeking to resume work after a long (more than one year) intermitted for violation of labor discipline and other perpetrators, stipulated by law Of the Russian Federation, as well as citizens sent by the employment service authorities for training and deducted for the guilty actions, the duration of payment of unemployment benefits in each unemployment period cannot exceed 6 months in total calculus within 12 calendar months. At the same time, the maximum duration of payment of benefits for these categories of citizens cannot exceed 12 months in total calculus within 18 calendar months.

In the case of not a paid suitable work after 18 calendar months, unemployment unemployed has the right to reuse unemployment benefits in the amount of 20 percent of the subsistence minimum, calculated in the subject of the Russian Federation in the prescribed manner, but not lower than 100 rubles, unless otherwise provided by law About employment.

The duration of the payment of unemployment benefits to a citizen at the expense of the federal budget may not exceed 24 calendar months in total calculus within 36 calendar months.

The duration of the benefit of unemployment benefits established by the Employment Act can be extended for citizens, the general work experience of which, in accordance with the Pension Legislation of the Russian Federation, gives them the right to retirement in old age (by age), including pensions on preferential terms, but which have not reached the pension age. In this case, the established period of unemployment benefits is increased in excess of 12 months for two calendar weeks for each year of work exceeding the required experience. The overall period of unemployment benefits cannot exceed 24 calendar months in total calculus within 36 calendar months.

1.2 The concept of unemployed. The order of registration is unemployed

First of all, before talking about social guarantees unemployed, it is necessary to determine what is meant by the concept of "unemployed". The fact is that to obtain the unemployed citizen of social support of the state, it is necessary to have a certain status. If a citizen is not engaged in any activity, it does not give reason to call it unemployed. Again, there is always a category of citizens who are capable, can, but do not want to work. This is their right, forced labor in the Russian Federation is prohibited. In essence, in a common sense, they are also unemployed, but social support of the state is aimed at a certain group of unoccupied citizens who meet certain criteria.

In accordance with Art. 3 of the Law "On Employment of the Population in the Russian Federation" of 04/19/1991 No. 1032-1 (Ed. Of October 18, 2007), only able-bodied citizens may be recognized as unemployed, which do not have work and earnings are registered in the employment service authorities in order to Search for suitable work, looking for work and ready to start it.

Based on this definition, the following necessary conditions can be distinguished for the recognition of citizens by the unemployed: disability, lack of work and earnings, registration in the employment service bodies in order to search for suitable work and willingness to start work.

The working capacity of citizens is estimated on two criteria: a state of health and age. For example, a disabled person cannot be considered able-bodied if he has no conclusion of a medical and social expert commission, where it is specifically indicated what work this citizen can perform, recommended for it, labor and recreation. Citizens who have not reached the working age (16 years) or the retirement age have also not belong to the category of able-bodied citizens.

Under citizens who do not have work and earnings are implied by citizens who are not working and having any forms of income. Revenues can be the most diverse. This is not only the salary, but also receiving interest on securities, getting income from participation in economic partnerships and societies, etc.

The readiness to start work is the condition that is purely subjective in nature and determines the attitude of a citizen to work, his desire to work. If a citizen appeals to the employment service not to find a job, but with the intention to receive unemployment benefits, then this is clearly manifested in multiple refuses from suitable work, which gives the right to the employment service to refuse to register this citizen or apply the appropriate sanctions.

One of the main conditions for obtaining the status of the unemployed is to register a citizen in the employment service.

Registration of able-bodied citizens who do not have the work and earnings (income), seeking work and ready to begin it, applied to employment bodies in 3 stages: Primary registration of unemployed citizens, registration of unemployed citizens in order to find suitable work and, finally, registration citizens as unemployed;

Primary registration is carried out in order to take into account the total number of unemployed citizens who applied to employment bodies at the place of residence for the necessary information on employment promotion issues, without any documents.

Registration of unemployed citizens in order to search for suitable work is carried out by bodies on the employment of the population at the place of residence of citizens from the date of their personal appeal. The place of residence is determined by the presence of a passport with a mark of registration at the place of residence or the corresponding certificate from the internal affairs bodies.

For registration, unemployed citizens should be submitted the following documents:

- passport or other document replacing a passport that is a certificate of personality and certificate of registration at the place of residence;

– labor book or other documents confirming the work experience, a document that replaces the employment record is a duplicate employment record. Documents confirming the work experience are references about the time counted into the overall work experience, extracts from orders, written employment contracts (contracts), civil law agreements with a mark on their execution and other documents containing information about working periods.

- Documents certifying vocational qualifications;

- certificate of average earnings (income, monetary content) Over the past three months, the last place of work (service) decorated in the prescribed manner (is issued by the employer). The procedure for determining the average earnings was established by the Decree of the Ministry of Labor and social Development Of the Russian Federation of 12.08.2003 No. 62 "On the procedure for calculating the average earnings".

For the first time seekers (previously not worked), which have no profession (specialty), make a passport or other identity document, and a document on education.

Disabled, in addition to these documents, impose a labor recommendation, the conclusion of the recommended nature and working conditions or an individual disabled rehabilitation program issued in the prescribed manner.

Employment bodies within 10 days from the date of registration of a citizen in order to search for suitable work should, if possible, to propose two options for suitable work, including a temporary work or a plan to independent job search, and for the first time looking for a job (previously not worked), not a profession (specialties) - two options for receiving training or paid work, including a temporary nature.

According to Art. The 4 Employment Act is considered to be such a job, including the work of a temporary nature, which corresponds to the professional suitability of the employee, taking into account its professional training, the conditions of the last place of work, the state of health, the transport accessibility of the workplace.

For some categories of citizens it is envisaged that there can be any paid job, including a temporary work and social work, requiring or not requiring (taking into account age or other features of citizens) of preliminary training that meets the requirements of the legislation of the Russian Federation on labor. This rule applies to citizens: - For the first time job seekers (not previously worked), which have no profession (specialty); dismissed more than once within one year preceding the beginning of unemployment; dismissed for violation of labor discipline and other guilty actions provided for by the legislation of the Russian Federation; previously engaged business activitiesseeking to resume labor activities after a long (more than one year) break, as well as employment employment authorities for training and deducted for guilty actions;

- refused to increase (restore) the qualifications of the existing profession (specialty), to obtain an adjacent profession or take retraining after the end of the initial (12-month) unemployment period;

- consisting of employment service authorities for more than 18 months, as well as more than three years not working;

- Applied to the employment service authorities after the end of seasonal work.

For each unemployed citizen registered in order to search for suitable work, a personal matter is issued. It produces appropriate entries on all proposals for employment authority, including to provide suitable work, on the direction of employers for employment, on the direction of vocational training, about inviting it to the employment body and other actions related to the search for suitable Work, as well as on consent (refusal) with proposals of employment authority.

Citizens registered to search for suitable work, within the established day to register them as unemployed, impose the following documents to employment bodies:

- passport or other document certifying;

- labor book or other documents confirming the work experience;

- Documents certifying vocational qualifications.

If necessary, citizens submit an additional or updated certificate of average earnings (income, monetable content) over the past three months at the last place of work (service) issued in the prescribed manner. For the first time seekers (previously not worked), which have no profession (specialty), make a passport or other identity document, and a document on education.

Thus, a citizen who has all the grounds for registration as an unemployed, after registration in order to search for suitable work, has no unemployed status and is subject to employment. If it is impossible to provide the employment authorities with suitable work to citizens within 10 days from the date of their registration in order to search for suitable work, these citizens are recognized as unemployed since the first day of the presence of the necessary documents.

The decision to recognize the disabled unemployed is accepted by the employment service authorities, taking into account the Federal Law of November 24, 1995 No. 181-FZ (ed. From 01.03.2008) "On social Protection disabled in the Russian Federation. Thus, to register as unemployed, it should be submitted additionally to the documents listed above, an individual program of rehabilitation of a disabled person issued by the State Service of Medical Social Expertise.

The unemployed cannot be recognized and registered as unemployed citizens:

- under the age of 16;

- in accordance with the pension legislation of the Russian Federation, an old-age pension was appointed (by age), for long service;

- those who have been registered within 10 days from the date of their registration in the employment service bodies in order to search for suitable work from two options for suitable work, including temporary work

character, and for the first time seekers (previously not worked) who have no profession (specialty), - in the case of two failures from obtaining training or from the supply of paid work, including a temporary nature. At the same time, the citizen cannot be proposed by the same job twice, including training on the same profession, specialty;

- who did not appear without good reasons for 10 days from the date of their registration in order to search for suitable work in the employment service authorities for the proposal of the appropriate work, as well as non-employed employment authorities to register them as unemployed;

- convicted by the court decision to corrective work without imprisonment, as well as to punish in the form of imprisonment;

- Submitted documents containing obviously false information about the absence of work and earnings, as well as submitted other unreliable data to recognize them unemployed.

If the citizen is denied registration as unemployed, it remains the right to re-appeal to employment bodies in one month from the date of refusal to decide on the registration of their unemployed. In case of refusal to a citizen in registering his unemployed, employment bodies orally or in writing, with a mandatory mark in personal case notify it about the decision and the reasons for refusal.

The grounds for removing the unemployed from registration, the consequence of which is the termination of the citizen of the unemployed status, the law allocates the following cases:

- recognition of a citizen busy in accordance with the current legislation of the Russian Federation.

According to the Employment Act, citizens working on labor Treaty (contract); engaged in entrepreneurial activities; occupied in utility fishery and implementing products under contracts; performing work on civil law agreements; Favorites assigned or approved for paid position; undergoing military service, as well as service in the internal affairs bodies, institutions and criminal authorities executive system; Passing full-time course in educational institutions, including training in the direction of the employment authorities; temporarily absent in the workplace when it remains behind them; are founders (participants) of organizations, as well as members of production cooperatives (artels) with the exception of founders (participants) of public and religious organizations (associations), charitable and other funds, associations legal entities (associations and unions) that do not have property rights in relation to these organizations;

- non-appearance without good reasons for 10 days from the date of registration of a citizen in order to search for suitable work in employment bodies for the proposal of suitable work, as well as with a non-appearance on the period established by employment bodies to register it as unemployed;

- Long (more than a month) non-appearance of a citizen to employment bodies without good reasons;

- moving to another locality;

- if, when contacting the employment authorities, abuse (concealment of earnings (income), the provision of documents containing false information, as well as the provision of other inaccurate data for recognition of unemployed, etc.);

- condemnation of a citizen to correctional work or punishment in the form of imprisonment;

- Purpose in accordance with pension legislation.

Russian Federation of old-age pensions (by age), for long service. Removing unemployed citizens with registration accounting is carried out exclusively on the basis of a decision on employment authority.

2. Size of unemployment benefits and payload

2.1 Procedure for determining the size of unemployment benefit

The benefit of unemployed citizens dismissed on any basis is established:

-% of the attitude to the average earnings calculated over the past three months

- at the last place of work, if citizens within the 12 months preceding

- the beginning of unemployment, had paid work for no less period of 26 calendar weeks

- under full working hours (weeks) with recalculation by 26 calendar weeks

- Happy afternoon (week).

Unemployment benefit in all other cases, including citizens for the first time looking for work (previously not worked); seeking to resume labor activities after a long (more than one year) interruption; dismissed from the organization at their own request (with the exception of dismissal due to moving to a new place of residence to another locality, due to the need to care for disabled people 1 or other family members, etc.); dismissed for violation of labor discipline or other guilty actions provided for by law; dismissed on any reasons for 12 months preceding the beginning of unemployment, and less than 26 calendar weeks that were less than 26 calendar weeks, as well as citizens aimed at learning and contributed to citizenship, is set in a multiple attitude to the minimum allowance For unemployment.

Citizens living in the regions of the Far North and equal to them areas, as well as in areas and areas, are used in the district coefficients for wages, the unemployment allowance established in the amount of minimal unemployment benefits increases on the size of the district coefficient.

Citizens who influenced radiation due to radiation accidents and disasters and recognized in the established manner unemployed, an additional manual is paid to the unemployment benefit (for citizens who are influenced by radiation due to disaster at the Chernobyl NPP, the accident 1957 at the production association "Lighthouse" and radioactive discharges revenues to the river Tcha).

2.2 Terms and deadlines for unemployment benefits

This manual is paid to citizens recognized as unemployed since the first day of establishing the specified legal fact.

The decision on the appointment of unemployment benefits is accepted simultaneously with the decision to recognize the citizen unemployed

Each period of unemployment benefits cannot exceed 12 months in total calculus within 18 calendar months, except in cases provided by law.

Citizens dismissed from organizations in connection with their liquidation or a reduction in the number or staff of employees and recognized as unemployed, but not employed during which salary for them remains at the last place of work (with a testing of the day off), unemployment benefits are accrued with first day of the specified period;

For citizens, for the first time, looking for work (previously not worked); seeking to resume labor activities after a long (more than one year) break; dismissed from organizations at their own request (with the exception of persons dismissed at their own desire for valid reasons); dismissed for violation of labor discipline or other illegal actions provided for by the legislation of the Russian Federation; dismissed from organizations for any reason for the 12 months preceding the beginning of unemployment, and those who had paid work of less than 26 calendar weeks during this period, as well as for citizens sent by the employment service authorities for training and expensive actions, each period of unemployment benefits It may not exceed six months in total calculus within 12 calendar months.

The overall period of unemployment benefits cannot exceed 24 calendar months in total calculus within 36 calendar months.

Unemployment benefits are paid monthly subject to the passage of unemployed re-registration in the employment authorities, but no more than two times a month.

The state authorities of the constituent entities of the Russian Federation and local governments can establish a longer period for the payment of unemployment benefits or provide for the conditions for extending their payment within the framework of approved targeted programs at the expense of the relevant budgets.

Citizens under the age necessary for the appointment of an old age pension on general grounds (M.60 years / 155 years old) and having an insurance experience in no less than 25 (for a man) and 20 years (for a woman), as well as the necessary experience in the relevant types of work, giving them the right to the early appointment of labor pension in old age, provided for by Art. 27 and 28 of the Federal Law of "Labor Pensions in the Russian Federation", the duration of the unemployment benefit period is in excess of 12 months for two calendar weeks for each year of work exceeding the insurance experience of the specified duration.

Not earlier than two years before the occurrence of age, giving the right to an old-age labor pension, citizens, dismissed communication with the liquidation of the organization or a reduction in the number or staff of employees, with their consent, a pension may begin for this period at the proposal of employment bodies with the impossibility of employment.

3. Suspension and termination of unemployment benefits

3.1 Size reduction and suspension of unemployment benefits

The reduction in unemployment benefit size can be produced by 25% for a period of one month in cases:

- non-appearance without valid reasons for a meeting with the employer within three days from the date of the direction of employment service authorities

- the refusal without good reason to appear in the employment service authorities for obtaining a job (study).

The suspension of the payment of unemployment benefits can be produced for up to 3 months in cases:

1) refusal during the unemployment period from two options for suitable work;

2) refusal after the three-month unemployment period from participation in paid public works or from the direction of employment authorities for the work of the employment of citizens, first seekers (previously not worked) and have no profession (specialty) seeking to resume labor activities after a long (more than one year ) Break dismissed at your own desire for good reasons;

3) the releasing appearance of the unemployed into the state of intoxication caused by the use of alcohol, narcotic drugs or other foaming substances, which is established in the manner determined by the Government of the Russian Federation;

4) dismissal from the last place of work (service) for violation of labor discipline and other guilty actions provided for by the legislation of the Russian Federation, as well as the deductions of a citizen aimed at learning for guilty actions;

5) violations of unemployed without valid reasons for the conditions and deadlines of its re-registration as an unemployed (the suspension of the payment is made from the day following the last yield of the unemployed for re-registration);

6) unauthorized cessation by a citizen of training towards employment bodies.

The payment of unemployment benefits is not produced:

1) maternity leave;

2) the departure of the unemployed from the place of permanent residence in connection with training in the evening and correspondence institutions of vocational education;

3) Conscription unemployed for military fees, attracting measures related to preparing for military service, with the execution of government duties.

3.2 Termination of unemployment benefits

The legal norms contained in any branch themselves do not generate, do not change and do not stop legal relations. For this, the occurrence of the circumstances envisaged by the legal norms, which are called legal facts. Therefore, legal facts act as a link between legal norm and social legal relationship. Without legal facts Not installed, no legal relationship does not stop and does not stop.

Article 35 of the Law of the Russian Federation "On Employment of the Population in the Russian Federation" it was determined that by decision of the employment bodies, the payment of unemployment benefits may be discontinued in the following cases:

Citizen recognition engaged:

Passage of training, advanced training or retraining

In the direction of the employment service authorities with the payment of scholarship;

Long-term (more than one month) non-appearance of the unemployed in the authorities of employment service without good reasons;

Moving unemployed to another locality;

Obtaining unemployment benefits fraudulently either attempt as such;

Condemnation of a person who receives unemployment benefits to punish in the form of imprisonment;

Appointments of old-age labor pension, appointment early pension For unemployed,

The appointment of a pension in old age or a retirement retirement pension for state pension provision;

Refusal to the mediation of employment bodies in employment (according to a personal written statement of a citizen);

The basis for termination of social legal relations is death. At the same time, the amount of unemployment benefits due to the unemployed and affected due to his death is carried out in the order of inheritance in accordance with civil law.

In all of the above cases, the payments of the considered manual terminate with the simultaneous removal of a citizen from accounting as unemployed.

Conclusion

In conclusion of this course, the following conclusions can be summed up:

State regulation of employment and employment is not only the protection and help of job seekers, but also one of the ways of their employment.

The state recognizes the right of everyone to the sufficient standard of living for him and his family, including sufficient food, clothing and dwelling, and on continuous improvement of living conditions. Therefore, with unemployment (loss of work), the state assumes the obligation to carry out relevant social assistance.

Unemployment benefit - money amount, periodically paid in the order of social protection from the relevant State Fund physical lickrecognized as unemployed by law.

Despite the existing shortcomings, the system of basic guarantees of social support for the unemployed, provided by the state in our country is debugged and works quite well. I would like to advise on low inertia of the legislative system, not having time to change the situation in the field of employment and employment.

As for public works, I believe that in order to resolve the financing of public works at the level of the subjects of the Federation and local self-government it would be expedient to develop regulatory base on the organization of public works and their financing at the respective levels.

In relation to the provision of material and other assistance, the unemployed has not been foreseen, although it would not hurt local level Provide additional guarantees In this form of support in order to strengthen the social security of unemployed citizens.

I think that we managed to achieve the goal set at the beginning of the study by implementing our tasks and studying this issue.

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Introduction

The Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person. The work and health of people is protected in the Russian Federation, the guaranteed minimum wage is established, ensured governmental support Family, motherhood, paternity and childhood, disabled people and seniors, the system of social services is developing, state pensions, benefits and other guarantees of social protection are established. The need for social security appeared simultaneously with the emergence of human society. As the state and society develops, social security takes one of the key, defining places. It directly depends on the development of the economy and is closely associated with the policies and social well-being of people of labor and non-working segments of the population. The importance of the topic of the thesis is determined by the need for Russia as a social state, in accordance with Art. 7 of the Constitution of the Russian Federation to ensure the conditions for the decent life and free development of a person, to provide, guarantee and protect the rights and freedoms of their citizens. The process of forming a modern Russian state system Social Security Communication is based on the main provisions international norms. In the development of this, the Constitution of the Russian Federation of 1993 proclaimed Russia with a social state, whose policy is aimed at creating conditions that ensure a decent life and free human development. In connection with this policy, the work and health of people is protected, state support for family, motherhood, paternity and childhood, disabled people and senior citizens is being implemented, social services system develops, state pensions, benefits and other guarantees of social protection are established. The object of study of this diploma work is a unemployment benefit, as a measure of social security. The subject of the study is the legal regulation of unemployment benefits. The purpose of this diploma work is to study unemployment benefits as one of the measures of social protection of unemployed citizens. To achieve this goal, the following tasks are set: 1. To study the concept of benefits in a social security system 2. To study the legal relationship in the sphere of social security of the unemployed 3. To explore the regulatory support, the mechanisms for the realization of the right to benefit unemployment. The graduation work was used to analyze the method of studying the regulatory framework in the field of social security legislation; Induction method when studying the issue of the concept of benefits in a social security system in the state; method of classification in the description of essential signs of benefits (types of benefits, temporary basis, intendency); The prediction method in the disclosure of the issue of issues and ways to solve social security in Russia. When writing the thesis, regulatory acts were used: the Constitution of the Russian Federation, the law "On employment of the population in the Russian Federation" dated 19.04.1991 No. 1032-1, Decisions of the Government of the Russian Federation and the Ministry of Labor and Social Development of the Russian Federation. The structure of this diploma work consists of administration, the main part consisting of two chapters, conclusion and used sources of information.

Introduction ................................................................................... ... ... .... 5 Chapter 1. Theoretical aspects of the concept of unemployment benefits .... ................... 7 1.1 benefits in the system of social security ..................... ..................................... ... 7 1.2 Concept and Essential signs ................................................................. ... .10 1.3 Relationships for benefits ............................................................... ... ..13 Chapter 2. Regulatory legal regulation Unemployment benefits ............ 20 2.1 Regulatory Unemployment benefits ...... ...............20 2.2 appointments and payments for unemployment benefits ........................................................... 26 2.3 Suspension and termination of payment of unemployment benefits ........ ... 32 2.4 Protection of the right to receive unemployment benefits ....................... ............... 36 2.5 Problems and paths of solutions ............................. .......................................... ... 41 Conclusion ................. ......................................................................46 List of used sources of information ............................................ ... 48

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Excerpt from work

Chapter 1. Theoretical aspects of the concept of unemployment benefits 1.1 The benefits in the Social Security system The need for social security appeared simultaneously with the emergence of human society. As the state and society develops, social security takes one of the key, defining places. It directly depends on the development of the economy and is closely associated with the policies and social well-being of people of labor and non-working segments of the population. Indeed, in any society, regardless of its economic and political device there are always people who, by virtue of the natural, no causes, cannot have their own efforts to acquire a source of means of their existence. Children and old people are primarily among those people. The first "still", and the second "already" are disabled. In addition, the rows of disabled can replenish each person who lost the ability to work temporarily or constantly in connection with the disorder of health. The content of the concept of social security, its parameters were formed gradually as the social security system was developed in our state. In economic and legal science, the concept of social security is interpreted ambiguously and is still not generally accepted. In a semantic understanding, social security means "providing sufficient material tools to life to someone from society." In other words, various forms of helping the Society to their members in this definition are treated as social security. Meanwhile, the molds and types of such assistance can be the most diverse. Based on this, in science there were two basic concepts of the content of this concept - economic and legal. Supporters of the economic concept included all types of assistance to members of society, due to public consumption funds. Free physical education and sports, service of cultural institutions, all types of pensions, benefits, social services, health care and treatment, as well as various kinds of benefits for certain categories of citizens. The basis of this concept was a method for the distribution of goods through public consumption funds.