General characteristics of state unemployment benefits. Unemployment benefits concept size and timing of payments Unemployment benefits concept and types

Concept unemployed . The procedure and conditions for recognizing citizens as unemployed. Legal status of the unemployed. Concept of suitable work (legal criteria).

Based on Art. 3 of the Law of the Russian Federation “On Employment of the Population in the Russian Federation” - able-bodied citizens who do not have work and income, are registered with the employment service in order to find a suitable job, are looking for work and are ready to start work are recognized as unemployed. At the same time, payments of severance pay and maintained average earnings to citizens dismissed from organizations (military service) regardless of their organizational and legal form and form of ownership due to the liquidation of the organization or a reduction in the number or staff of the organization’s employees, according to the Government Resolution, are not taken into account as earnings. RF dated 04/22/1997 No. 458, another criterion was added for recognizing a citizen as unemployed, in addition to those listed in the Law “On Employment” - this is not being employed within 10 days from the date of registration of the citizen in order to find a suitable job.

The decision to recognize a citizen registered for the purpose of searching for a suitable job as unemployed is made by the employment service authorities at the citizen’s place of residence no later than 11 days from the date of presentation to the employment service authorities of a passport, work book or documents replacing them, documents certifying his professional qualifications, certificate of average earnings for the last three months at the last place of work, and for first-time job seekers (who have not previously worked) who do not have a profession (specialty) - a passport and education document.

If a certificate of average earnings for the last three months at the last place of work is submitted in foreign currency, the employment service authorities convert the foreign currency into rubles at the official rate established on the day the citizen is dismissed.

If the employment service cannot provide suitable work to citizens within 10 days from the date of their registration in order to find a suitable job, these citizens are recognized as unemployed from the first day of presentation of the specified documents.

A citizen belonging to the category of disabled people, in order to resolve the issue of recognizing him as unemployed, additionally presents an individual rehabilitation program for a disabled person, issued in the prescribed manner and containing a conclusion on the recommended nature and conditions of work.

Citizens cannot be recognized as unemployed:

under 16 years of age;

who, in accordance with the legislation of the Russian Federation, have been assigned an old-age labor pension (part of an old-age labor pension), including early, or the pension provided for in clause 2 of Art. 32 of the Law “On Employment”, or an old-age or long-service pension under the state pension provision;

those who, within 10 days from the date of their registration with the employment service in order to find a suitable job, refused two options for suitable work, including temporary work, and those seeking work for the first time (who have not previously worked) and who do not have a profession (specialty) - in the case two refusals to receive vocational training or offered paid work, including temporary work. A citizen cannot be offered the same job (vocational training, retraining and advanced training in the same profession, specialty) twice;

who did not appear without good reason within 10 days from the date of their registration in order to find a suitable job to the employment service authorities to offer them a suitable job, and also who did not appear within the period established by the employment service authorities to register them as unemployed;

3) the proposed earnings are lower than the average earnings of a citizen calculated over the last three months at the last place of work. This provision does not apply to citizens whose average monthly earnings exceeded the subsistence level of the working population (Clause 4, Article 4 of the Law of the Russian Federation “On Employment in the Russian Federation”).

By virtue of Art. 37 of the Constitution of the Russian Federation, every resident of our country has the right to protection from unemployment. One of the guarantees for unemployed citizens is the payment of unemployment benefits, including during the period of temporary incapacity for work of the unemployed.

Unemployment benefit is a monthly cash payment made by the employment service authorities to a citizen recognized as unemployed at the expense of the federal budget in lieu of lost or not received earnings (income) due to unemployment in order to support the life of the unemployed and stimulate him to work. Unemployment benefits are calculated as a percentage of the average earnings of an unemployed person or in the amount of fixed amounts of unemployment benefits established annually by the Government of the Russian Federation, and is the main or one of the main sources of livelihood for an unemployed citizen.

Functions of unemployment benefits. From an economic point of view, unemployment benefits perform security and production functions. The security benefit is that unemployment benefits serve as the main or one of the main sources of livelihood for unemployed citizens, a means of satisfying their needs and maintaining their livelihoods, while the production benefit has a positive impact on the economic processes occurring in society and has several subfunctions.

The stimulating subfunction includes a motivational mechanism that encourages unemployed citizens who are able to work to look for work (employment). This is facilitated by differentiation in the size of unemployment benefits and the timing of their payment. The labor redistribution subfunction reflects the mechanism by which some employers remove excess labor from production processes to the labor market, where others are looking for new workers. At the same time, workers, using unemployment protection mechanisms, can search for a new job.

The social function of unemployment benefits serves to prevent, mitigate or eliminate the adverse consequences associated with unemployment, namely, it protects the unemployed citizen from the threat of poverty and disease. With the help of benefits, a person left without work can lead a decent existence, satisfy his basic needs, maintaining his ability to work. The compensation subfunction is based on the relationship between the amount of unemployment benefits and the amount of workers' wages before dismissal, taken into account when assigning it, as well as the relationship between the amount of the benefit and the decrease in its real value due to rising prices for consumer goods and services. In the first case, this means compensation for lost earnings using the mechanism for calculating the amount of unemployment benefits, in the second - indexation of the amount of benefits.

When determining the amount of unemployment benefits, the legislator focuses on the compensatory nature of the benefits in relation to those unemployed citizens who live in areas where the regional coefficient is applied.

The political function of unemployment benefits is based on the fact that benefits are one of the instruments of state social policy, the goals of which are to prevent a decline in the living standards of the population, maintain the financial situation of the working population, and reduce the growth of social tension in society.

The socio-psychological function of unemployment benefits is aimed at providing able-bodied citizens with confidence that in a situation related to finding a job, they will be socially protected. This function takes on particular importance during periods of crisis in the economy.

The demographic function of unemployment benefits reflects the role of benefits in the demographic processes that occur in society.

• Please note: the maximum and minimum amounts of unemployment benefits, determined annually by the Government of the Russian Federation, during 2009-2016. have not changed.

Topic 12. Unemployment benefits

The concept of unemployment benefits. Unemployed and employed citizens

Amount and duration of unemployment benefits. Termination, suspension of payments and reduction of unemployment benefits

1. The concept of unemployment benefits. Unemployed and employed citizens

Unemployment benefit- this is a type of social security that consists of monthly provision of funds to citizens recognized as unemployed in the prescribed manner to compensate for lost earnings.

The following citizens are considered unemployed: a) able-bodied; b) those without work and income; c) registered with the employment service in order to find suitable work; d) looking for work and ready to start it. At the same time, payments of severance pay and retained average earnings to citizens dismissed due to the liquidation of an organization or termination of activities by an individual entrepreneur, reduction in the number or staff of employees of an organization, or individual entrepreneur are not taken into account as earnings.

Citizens cannot be recognized as unemployed:

a) have reached the age of 16;

b) who have been assigned pensions in accordance with the legislation of the Russian Federation;

c) those who, within 10 days from the date of their registration with the employment service, in order to find a suitable job, refused two options for suitable work, including temporary work, and those seeking work for the first time (previously unemployed) and at the same time not having a profession (specialty) - in case of two refusals to receive vocational training or offered paid work, including temporary work;

d) those who, without good reason, did not appear within 10 days from the date of their registration in order to find a suitable job to the employment service authorities to offer them a suitable job, as well as those who did not appear within the period established by the employment service authorities to register them as unemployed;

e) sentenced by a court decision to correctional labor, as well as to punishment in the form of imprisonment;

f) those who have submitted documents containing deliberately false information about the lack of work and earnings, as well as those who have provided other false data in order to be recognized as unemployed;

g) employed citizens:

Those working under an employment contract, including those performing work for remuneration on a full-time or part-time basis, as well as those who have other paid work (service), including seasonal, temporary work, with the exception of public works (except for citizens participating in public works who are looking for the first time work (previously not working) and at the same time not having a profession (specialty)); dismissed more than once within one year preceding the start of unemployment, for violation of labor discipline or other guilty actions provided for by the legislation of the Russian Federation; those who have ceased individual entrepreneurial activity, left the members of a peasant (farm) enterprise in the manner established by the legislation of the Russian Federation; those seeking to resume work after a long (more than one year) break, as well as those sent by the employment service for training and expelled for guilty actions; those who refused to improve (restore) their qualifications in their existing profession (specialty), acquire a related profession or undergo retraining after the end of the first period of payment of unemployment benefits; registered with the employment service for more than 18 months, as well as those who have not worked for more than three years; those who contacted the employment service after the end of seasonal work;

Registered in accordance with the established procedure as individual entrepreneurs, as well as notaries engaged in private practice, lawyers who have established law offices, and other persons whose professional activities in accordance with federal laws are subject to state registration and (or) licensing (hereinafter referred to as individual entrepreneurs) ;

those employed in auxiliary industries and selling products under contracts;

those performing work under civil contracts, the subjects of which are the performance of work and the provision of services, copyright agreements, as well as members of production cooperatives (artels);

elected, appointed or confirmed to a paid position;

those undergoing military service, alternative civilian service, as well as service in internal affairs bodies, the State Fire Service, institutions and bodies of the penal system;

undergoing full-time courses in general education institutions, institutions of primary vocational, secondary vocational and higher vocational education and other educational institutions, including training in the direction of the state employment service (hereinafter referred to as the employment service bodies);

temporarily absent from the workplace due to disability, vacation, retraining, advanced training, suspension of production caused by a strike, conscription for military training, involvement in activities related to preparation for military service (alternative civil service), performance of other government duties or other valid reasons;

who are founders (participants) of organizations, with the exception of founders (participants) of public and religious organizations (associations), charitable and other foundations, associations of legal entities (associations and unions), which do not have property rights in relation to these organizations;

who are members of a peasant (farm) enterprise.

Introduction

1. The concept of unemployment benefits and the procedure for registering the unemployed

1.1 The concept of unemployment benefits

1.2 The concept of the unemployed. Procedure for registering an unemployed person

2. Amount of unemployment benefits and payment terms

2.1 The procedure for determining the amount of unemployment benefits

2.2 Conditions and terms of payment of unemployment benefits

3. Suspension and termination of unemployment benefits

3.1 Reduction and suspension of unemployment benefits

3.2 Termination of unemployment benefits

Conclusion

Bibliography

Introduction

Unemployment is the lack of employment of the economically active population in economic activity. There is frictional unemployment, which occurs when an individual does not seek work of his own free will, and institutional unemployment, which occurs when the state or trade unions intervene in setting wage rates different from those that could be formed in an unconstrained market economy.

The relevance of this course work lies in the fact that many citizens left without work cannot independently adapt to the conditions of the modern labor market. The Law “On Employment in the Russian Federation” dated April 19, 1991 No. 1032–1 (as amended on October 18, 2007) is intended to regulate issues of social support for the unemployed.

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

In connection with this 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 an unemployed person;

– conditions and amounts of unemployment benefits;

– terms of payment of unemployment benefits;

– conditions for suspension and termination of unemployment benefits.

The subject of the study is unemployment benefits as one of the types of social security.

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

In the process of preparing this course work, I processed a large amount of literature, including periodicals. The work is built in strict accordance with the latest changes in legislation.

1. Unemployment benefits and procedure for registering the unemployed

1.1 The concept of unemployment benefits

Unemployment benefit is state-guaranteed material support for the unemployed in the form of periodic payments. Unemployment benefits are paid from the federal budget. Citizens registered by the employment service as unemployed, dismissed for any reason, and looking for work for the first time have the right to receive unemployment benefits. The decision to pay benefits is made simultaneously with the decision of the employment service to recognize the citizen as unemployed, i.e. at the third stage of registration.

The amount of unemployment benefit and the procedure for its payment are established by Art. 30–35 of the Employment Law. The amount of the benefit is set as a percentage of the average earnings for the last three months at the last place of work, if the citizen was fired during the 12 months preceding unemployment and during this period had paid work for at least 26 calendar weeks on a full-time or part-time basis, recalculated by 26 calendar weeks with a full working day (week). In other cases (including for citizens looking for work for the first time or resuming work after a break of more than a year), unemployment benefits are set as a percentage of the cost of living calculated in a constituent entity of the Russian Federation in the prescribed manner. Benefits are calculated in the first case and in case of dismissal from the Armed Forces, internal, railway troops, Federal Security Service and internal affairs bodies from the moment of registration as unemployed in the following amounts: in the first three months of unemployment - 75% of the average monthly earnings (cash allowance) calculated for the last 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 the benefit should not be higher than the minimum subsistence level calculated in the subject of the Federation, and not lower than 30% of the specified minimum subsistence level. If work is not provided for more than 18 months of unemployment, the unemployed has the right to re-receive benefits in the amount of 30% of the subsistence level. The amount of unemployment benefit in all cases should not be less than 100 rubles.

The benefit is paid to the unemployed until he is hired, but not more than 12 months in total within 18 calendar months, except in cases provided for by law. State authorities of the constituent entities of the Russian Federation and local governments may establish longer terms for the payment of unemployment benefits or provide for an extension of the terms of payment under certain conditions within the framework of approved target programs at the expense of the relevant budgets. The payment period is extended beyond 12 months for citizens with length of service entitling them to an old-age pension by two weeks for each year of work exceeding the required length of service. In these cases

the total period for paying unemployment benefits cannot exceed 24 calendar months (two years) in total for 36 calendar months.

For unemployed citizens who have sufficient work experience for a full old-age pension (including preferential conditions), who have not had a break in work for more than 12 months within five years before that, at the proposal of the employment service body, the pension, with their consent, is issued early, but not more than two years before the stated retirement age.

Thus, an unemployed person of pre-retirement age with a large work experience can receive unemployment benefits for two years, and then receive an old-age pension two years ahead of retirement age. This is a great social guarantee for the unemployed near retirement age.

The law provides for an increase in the amount of unemployment benefits for the following categories of unemployed citizens:

The first category includes citizens who support other persons. At the same time, the amount of unemployment benefits increases by 10 percent of the subsistence minimum calculated in the constituent entity of the Russian Federation in the prescribed manner, but not less than 50 rubles for each of these persons. In this case, the maximum amount of additional payments cannot exceed 30 percent of the subsistence minimum calculated in the constituent entity of the Russian Federation in the prescribed manner. If both parents are unemployed, an increase in the amount of benefits for persons supported by them is made to each of the parents.

The number of persons supported by an unemployed person may include children, father, mother, spouse, brothers, sisters, grandchildren who do not have able-bodied parents, grandparents in the absence of persons who are legally required to support them. At the same time, the family members listed above can be considered dependent on a citizen if they are fully supported by him or receive assistance from him, which is a permanent and main source of livelihood for them. Children are considered dependent on both parents, regardless of how much wages each of them receives. This means that the child supplement is assigned to the benefit of any of the parents recognized as unemployed, even if his earnings were less than that of the spouse who 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 areas where regional coefficients are applied to wages for living in difficult natural and climatic conditions. In these cases, the amount of the benefit is established taking into account the regional coefficient in force in the given area. At the same time, citizens who were dismissed from organizations during the 12 months preceding the start of unemployment, and who had paid work during this period for at least 26 calendar weeks on a full-time (week) or part-time (week) basis, recalculated to 26 calendar weeks weeks with full-time work (week), the average wage for calculating unemployment benefits is calculated taking into account the regional coefficient and a percentage increase in wages for work experience in such areas and localities.

And finally, the third category of citizens, which includes citizens exposed to radiation as a result of Chernobyl and other radiation accidents and disasters and recognized as unemployed in the prescribed manner, an additional benefit is paid in addition to unemployment benefits

– permanent residents in the territory of the zone of residence with a preferential socio-economic status, subject to permanent residence in the territory of the zone before January 1, 1991 - in the amount of 10 percent of the subsistence minimum calculated in the constituent entity of the Russian Federation in the prescribed manner, but not less than 50 rubles;

– permanent residents in the territory of the zone of residence with the right to resettle – in the amount of 20 percent of the subsistence minimum calculated in the constituent entity of the Russian Federation in the prescribed manner, but not less than 100 rubles;

– permanent residents in the resettlement zone before their resettlement to other areas – in the amount of 40 percent of the subsistence minimum calculated in the constituent entity of the Russian Federation in the prescribed manner, but not less than 200 rubles.

An important place in the system of social protection of the population hasbenefits provided from the budget. At the same time, the state guarantees: a) payment of unemployment benefits, including during the period of temporary incapacity for work of the unemployed; b) payment of a stipend during the period of professional training, advanced training, retraining as directed by the employment service, including during periods of temporary disability; c) the opportunity to participate in paid public works; d) reimbursement of costs in connection with voluntary relocation to another area for employment at the suggestion of the employment service authorities.

Unemployment benefit is a regular state social cash payment to persons recognized by law as unemployed, in the prescribed manner. The decision to pay unemployment benefits must be made simultaneously with the decision to recognize the citizen as unemployed.

In Russia, the payment of unemployment benefits is regulated Federal Law “On Employment in the Russian Federation”. According to this law, the amount of benefits is established by the Government of the Russian Federation. The Government of the Russian Federation in Resolution No. 888 of November 3, 2011 “On the amounts of the minimum and maximum amounts of unemployment benefits for 2012” established: - the minimum amount of unemployment benefit in the amount of 850 rubles. - maximum amount of unemployment benefit in the amount of 4900 rubles.

Unemployment benefits are paid to citizens who were fired for any reason during the 12 months preceding the start of unemployment, who during this period had paid work for at least 26 weeks on a full-time (full-time) or part-time (part-time) basis. recalculated to 26 weeks with full-time work (full workweek), and recognized as unemployed in the prescribed manner.

Conditions, terms and amounts of benefit payment.

1. Unemployment benefits are assigned and paid to citizens from the day they are recognized as unemployed.

Citizens dismissed from organizations due to their liquidation, reduction in number or staff and recognized in the prescribed manner as unemployed, but not employed during the period during which they retained the average salary at their last place of work (including severance pay), benefits for Unemployment is calculated starting from the first day after the specified period.

2. Each period of payment of unemployment benefits cannot exceed 12 months in total within 26 calendar months, except as otherwise provided by law.

Citizens who have not reached the age of 60 years for men and 55 years for women and who have an insurance period of at least 25 and 20 years for men and women, respectively, as well as the necessary length of service in the relevant types of work, giving them the right to early assignment of an old-age pension , provided for in Articles 27 and 28 of the Federal Law “On labor pensions in the Russian Federation", the duration of the unemployment benefit payment period increases beyond the established 12 months by two calendar weeks for each year of work exceeding the insurance period of the specified duration.

At the same time, periods of work and other activities are included in the insurance period and other periods established in Articles 10 and 11 of the said Federal Law are counted. The total period for payment of unemployment benefits cannot exceed 24 calendar months in total for 36 calendar months.

3. Unemployment benefits for citizens dismissed from organizations for any reason, including those dismissed at their own request due to moving to a new place of residence in another area; due to an illness that prevents you from continuing to work or live in the area; in connection with the need to care for group I disabled people or sick family members: in connection with the employer’s violation of a collective or labor agreement; in connection with the occurrence of emergency circumstances that impede the continuation of labor relations (military actions, disasters, natural disasters, accidents, epidemics and other emergency circumstances); in case of dismissal of women with children under 14 years of age (the specified reasons for dismissal at their own request are confirmed by entries in the work book) during the 12 months preceding the start of unemployment, who during this period had paid work for at least 26 calendar weeks on a full-time basis (full working week) or on a part-time basis (part-time working week), recalculated to 26 calendar weeks with a full working day (full working week), and recognized as unemployed in the prescribed manner), is accrued.

In the first (12 month) payment period in the first three months - in the amount of 75 percent of their average monthly earnings (salary), calculated over the last three months at the last place of work (service); in the next four months - in the amount of 60 percent; in the future - in the amount of 45 percent, but in all cases not higher than the maximum amount of unemployment benefits and not lower than the minimum amount of unemployment benefits, increased by the size of the regional coefficient;

In the second (12 month) payment period in the amount of the minimum amount of unemployment benefits, increased by the size of the regional coefficient. The minimum and maximum amounts of unemployment benefits are determined annually by the Government of the Russian Federation.

4. Unemployment benefits in all other cases for citizens recognized as unemployed in accordance with the established procedure, including those looking for work for the first time (those who have not previously worked); those seeking to resume work after a long (more than one year) break; dismissed for violation of labor discipline and other guilty actions provided for by the legislation of the Russian Federation; those dismissed from organizations during the 12 months preceding the start of unemployment, and who had paid work for less than 26 calendar weeks during this period; those sent by the employment service for training and expelled for guilty actions are charged:

In the first (6 month) payment period

In the second (6 month) payment period in the amount of the minimum amount of unemployment benefits, increased by the size of the regional coefficient.

5. Citizens dismissed from organizations of their own free will without good reason and recognized as unemployed in accordance with the established procedure, unemployment benefits are accrued:

- in the first (6-month) payment period:

in the amount of one and a half times the minimum amount of unemployment benefits, increased by the size of the regional coefficient;

- in the second (6-month) payment period: