System of employment authorities. Legal status of the Federal State Employment Service.
At the root state system employment lies a network of services and employment funds at various levels. At the federal level, this is the State Employment Fund (SEF), in each of the subjects of the Federation there are regional or republican funds and employment services, and in cities and towns, as well as in large rural areas, there are local employment services. The structural divisions of the federal employment service are subordinate to the relevant higher authorities and executive authorities. The functions, rights, and responsibilities of the employment service are aimed at carrying out measures to increase it. The employment service is vested with a wide range of rights and responsibilities:
‣‣‣analyze and forecast the state of the labor market;
‣‣‣keep records of available jobs and citizens applying for employment issues;
‣‣‣inform applying employees and employers about the possibility of obtaining a job and securing a workforce;
‣‣‣assist citizens in selecting suitable jobs, and employers in selecting the necessary workers;
‣‣‣organize vocational training, retraining and advanced training of citizens in educational institutions of the employment service and other educational institutions;
‣‣‣provide services in vocational guidance and employment for laid-off workers and other categories of the population;
‣‣‣register the unemployed and provide them with assistance within their competence;
‣‣‣develop republican and regional employment programs;
‣‣‣prepare proposals for the use of labor of foreign workers hired on the basis of intergovernmental agreements;
‣‣‣pay the cost of professional training and retraining, if employment requires obtaining a new profession, a stipend is also paid for the period of study;
‣‣‣issue, in accordance with the law, unemployment benefits, establish supplements for them, taking into account dependents and other circumstances;
‣‣‣publish statistical data on the state of the labor market.
System of employment authorities. Legal status of the Federal State Employment Service. - concept and types. Classification and features of the category "System of employment authorities. Legal status of the Federal State Employment Service." 2014, 2015.
Employment is a system of organizations, economics. and rights. Wed; aimed at ensuring employment of the population. In width In the sense, employment presupposes private activity. In the narrow sense, employment per cent. search for a suitable job for the device on it, percent. prof. training, advanced training and retraining of citizens. The process of employment. at stage 2: 1. Appeal of a person to state authorities. employment services and legal relations arise, the person acquires the status of unemployed; 2. conclusion of works. agreement with nanm-lem, which is indicated in the direction of the state body. employment services.
The referral is not mandatory for the employer. Forms of employment: 1. self-employment of a person (directly); 2. arrangement of a person through an intermediary (state employment service agency); 3. operating on the basis of a non-government license. firms and employment offices.
To implement state policy in the field of promoting employment and providing citizens with appropriate guarantees, a state employment service is being created.
The activities of the state employment service are aimed at:
assessment of the state and forecast of development of employment of the population, informing about the situation in the labor market;
development and implementation of state and other programs to promote employment;
assistance to citizens in finding suitable work, and to employers in selecting the necessary workers;
organization of vocational guidance, vocational training, retraining and advanced training for the unemployed;
registration of citizens as unemployed and provision of social payments in the form of unemployment benefits, scholarships during the period of study in the direction of labor, employment and social protection authorities, provision of financial assistance to the unemployed and their dependent family members;
keeping records of available jobs (vacancies) and citizens applying for employment issues;
provision of employment and vocational guidance services to released workers and the unemployed population;
increasing the economic interest of employers in maintaining existing jobs and creating new ones;
assistance to the unemployed in organizing business activities;
organizing work on the resettlement of the unemployed and members of their families in connection with moving to another area for a new place of residence and work;
assistance in organizing paid public works;
organizing control over compliance with employment legislation;
exercise of other powers in accordance with the law.
3. The concept of the unemployed, his rights and responsibilities. Suitable job and its criteria.
Unemployed are considered able-bodied citizens of working age (women under 55 years of age, men under 60 years of age), permanently residing on the territory of the Republic of Belarus, who do not have a job and are not engaged in entrepreneurial activities, who are not studying in full-time educational institutions and who are not in military service, registered in State Employment Service.
Thus, the concept of an unemployed person includes five characteristics:
· ability to work;
· being of working age;
· permanent residence on the territory of the Republic of Belarus;
· the person lacks work, study or military service;
· registration as unemployed in the State Employment Service.
If the conditions necessary for recognizing a citizen as unemployed are present, he has a subjective right to be recognized as unemployed and to find employment through the mediation of the employment service. The right of an unemployed person to find a job is closely related to a set of related rights, namely the right to:
· vocational training, advanced training and retraining;
· free information about job vacancies and free consulting services on your legal status as an unemployed person;
· social guarantees and compensations;
· appealing against unlawful actions of the employment service.
These rights of the unemployed correspond to the responsibilities of the State Employment Service: the obligation to provide free mediation in finding and obtaining a suitable job, assistance in choosing such a job, registering a citizen as unemployed, assigning scholarships and unemployment benefits in accordance with the Employment Law, etc.
A suitable job is considered to be one that corresponds to the professional suitability of the unemployed, taking into account the level of his professional training, health status, length of service and work experience in his previous profession (specialty), position, transport accessibility of the new place of work, unless otherwise provided by this Law.
Any paid job, including temporary work (except for paid public works), that meets the requirements of labor legislation, taking into account age and other characteristics, is considered suitable for the following categories of unemployed:
those looking for work for the first time (who have not previously worked) and who do not have a profession (specialty);
those seeking to resume work after a long break (more than one year);
who terminated an employment contract concluded for an indefinite period, at their own request, by agreement of the parties, or whose employment contract was terminated on the grounds provided for in paragraphs 4, 5, 7–9 of Article 42, paragraph 5 of Article 44 and Article 47 Labor Code of the Republic of Belarus, as well as those dismissed (expelled) for violation of military (educational) discipline;
who applied to labor, employment and social protection authorities after engaging in entrepreneurial activity;
those who performed work for legal entities and individual entrepreneurs under civil contracts, the subject of which was the performance of work (provision of services, creation of intellectual property);
sent by labor, employment and social protection authorities for training and expelled from educational institutions for guilty actions;
who applied to the labor, employment and social protection authorities after the termination of an employment contract concluded for the duration of seasonal work;
registered with labor, employment and social protection authorities for more than 12 months.
An unemployed person cannot be offered the same job (vocational training in the same profession (specialty)) twice.
Regulation of employment in Russian Federation at all levels is carried out on the basis of the general economic concept of a socially oriented market economy and reflects the desire of society for effective, freely chosen employment.
The basis for building a state employment policy are the principles set out in the Law of the Russian Federation “On Employment of the Population in the Russian Federation” adopted in 1991. In essence, it is a law to provide assistance to the unemployed population seeking work and registered with the state employment service. First of all, this law regulates a system of measures for social services for persons who have received the status of unemployed, such as: assistance in finding a job, referral to training, early retirement, financial support for the unemployed during the period of job search.
Today, state employment policy is reduced to measures to serve a very small part of the unemployed. Meanwhile, its main purpose is to ensure the necessary balance between the interests of the state in the economic field and the decision social problems, directly dependent on the factor of employment of the population or the degree of satisfaction of its needs for work. The initial task of employment policy is not only to serve the unemployed, but also to prevent unemployment, the implementation of which is possible only on the basis of a proactive impact on the employment situation, as well as the use of measures to maintain a decent standard of living for both the employed population and those in unemployment. labor market.
The priority areas of employment policy should be the active promotion of employment by stabilizing economically viable jobs, developing a flexible labor market, enhancing labor mobility of the population, increasing the incomes of workers, and preventing poverty. An important role is given to the chosen type of policy, in accordance with which the state implements these directions: passive or active. With a passive policy, the main role is played by the state, which seeks to ensure that workers retain their jobs, employers maintain demand for products, and the unemployed receive benefits and assistance in finding employment.
An active employment policy assumes that the main role is played by the individual who feels responsible for material well-being family and actively strives to maintain employment, and if it is lost, to actively search for work. Almost all countries are trying to pursue an active policy, stimulating workers to participate in the creation of a public product, helping in finding employment. At their core, these measures provide an opportunity for a person to change their income level and improve not only their standard of living, but also that of their family.
An active employment policy is manifested in measures to maintain a decent standard of living for both the employed population and those in the labor market, reflected in the above Employment Promotion Program. Main policy directions:
1. Assistance in finding employment, which is provided primarily through facilitating contact between job seekers and the employer. The legal basis is set out in Art. 12. Clause 1 of the Employment Law: “The state guarantees citizens... free assistance in selecting a suitable job and finding employment.” As an example of the implementation of an active employment policy, the indicators for the city employment center achieved in 2001 are given, which is one of the most difficult in terms of the situation in the labor market of the Republic of Buryatia. In 2001, with the help of the city employment center of Ulan-Ude, 35% of the total number of people who applied to the service in search of work were employed. The implementation of this direction is necessary when working with representatives of all three types unoccupied residents - highly active, moderately active (more details about the types of unoccupied in §6.2.). But among the low-active, this measure can only be applied to those who are focused on further employment, primarily the youth segment, women.
2. Assistance in vocational training and retraining is due, first of all, to the high pace of technological and organizational changes in the economy, which require constant improvement of personnel qualifications. For the unemployed, training is free; for enterprises, retraining costs should be compensated by the state through the system tax benefits. In 2001 1,490 unemployed people were sent for vocational training, of which 68% were women. According to experts, 80% of unemployed people are ready to improve their qualifications and educational level and change a profession that is not in demand on the labor market in order to increase their ability to adapt. This necessitates detailed development educational programs and the introduction of new forms and methods of training the unemployed.
3. Organization of public works. Their significant drawback is that they do not contribute to the growth of the qualifications of the unemployed, but they provide small earnings and temporary employment. For the city of Ulan-Ude as a whole in 2001. 625 people participated in public works and 78.4% of them were women. Participation in public works is possible for the majority of individuals belonging to the low-active social type, since the proposed types of work do not require special education and qualifications and allow to some extent improve the financial situation of the unemployed.
4. Promotion of self-employment and entrepreneurship. Aimed at creating conditions so that people can create jobs for themselves and others. In particular, persons who are unemployed can receive their amount of unemployment benefits due to them for a maximum period as the start-up capital necessary to start a business activity. This direction is more suitable for representatives of highly active unemployed people and a small part of individuals showing average activity. 20% of experts noted that this is the direction that unemployed people would choose to increase their adaptive capabilities.
The necessary conditions for providing free subsidies for starting your own business are:
- registration of a citizen in the manner prescribed by law as an unemployed person with the employment service at the place of residence;
- the citizen has reached the age of 18;
- expression of the desire of an unemployed citizen to organize his own business in priority areas of small business development in accordance with the Program of Socio-Economic Development of the Republic of Buryatia for 2008-2010 and for the period until 2017;
- presentation of a feasibility study for the selected type of activity;
- conclusion of an appropriate agreement between the employment center and the citizen;
- obtaining and submitting a certificate of state registration of a legal entity, individual entrepreneur, a certificate of entry into the Unified State Register of Legal Entities or the Unified State Register of Individual Entrepreneurs in accordance with the agreement concluded with the employment center.
Priority directions for the development of small businesses are determined in accordance with the Law of the Republic of Buryatia dated November 9, 2007 No. 2595-III “On the Program of Socio-Economic Development of the Republic of Buryatia for 2008-2010 and for the period until 2017”, including:
- production of export-oriented products;
- production and processing of agricultural products;
- collection and processing of wild plants;
- industrial production;
- development of innovative and youth entrepreneurship;
- housing and communal services;
- tourism;
- transport;
- construction;
- consumer services;
- development of small business in rural areas;
- entrepreneurial activity in socially significant areas: education, culture, healthcare, social security, physical culture, communications, creation of new service systems and attraction of investments in the sphere of trade and public catering for the development of infrastructure of municipalities in the Republic of Buryatia. To conduct an examination of the submitted feasibility studies for selected types of activities of unemployed citizens who want to organize their own business, and to make a decision on issuing them a free subsidy, employment centers create expert commissions. Representatives of the Republican Agency for the Development of Industry, Entrepreneurship and innovative technologies, industry ministries and departments, local governments, the Union of Industrialists and Entrepreneurs of the Republic of Buryatia, banks, commercial organizations and other organizations.
With a citizen who wishes to engage in entrepreneurial activity and has passed the test, subject to a positive decision of the expert commission, the employment center enters into an agreement, according to which the citizen undertakes to organize his own business.
The agreement provides for the following provisions:
- the duration of the period during which the citizen undertakes to engage in entrepreneurial activity (at least 12 months);
- the duty of a citizen to submit to the employment center documents confirming the validity of the expenses incurred for organizing and carrying out business activities, carried out in accordance with the feasibility study.
Citizens who previously received a free subsidy for organizing their own business under the Program of Additional Measures aimed at reducing tension in the labor market of the Republic of Buryatia for 2009, approved by Decree of the Government of the Republic of Buryatia dated February 13, 2009 No. 46, are not given a second subsidy. A citizen who creates his own business is given a free subsidy in the amount corresponding to the developed feasibility study, but not more than 12 times the maximum amount of unemployment benefits (58,800 rubles).
The amount of unemployment benefits previously received by the citizen (before concluding an agreement with the employment center) is not deducted from the subsidy.
A free subsidy for organizing your own business is provided on the basis of an order from the employment center, after the citizen submits a certificate of state registration of a legal entity, individual entrepreneur, a certificate of entry into the Unified State Register of Legal Entities or the Unified State Register of Individual Entrepreneurs.
5. Active policy measures also include the actions of state labor and employment authorities aimed at social support and employment of vulnerable groups of the unemployed. Such socio-demographic groups as youth ( special attention paid to minors), women with children of preschool and school age, disabled people and people of pre-retirement age experience special difficulties in the labor market, which determines the development of additional measures to manage their adaptation. Representatives of these groups belong to the third type of unemployed - low-active, have low adaptive potential and are mainly represented by individuals who do not have the opportunity to satisfy even basic needs. There are more individuals here with low level lives who cannot independently cope with the current situation, and the state provides for the following actions to increase the competitiveness of these groups in the labor market: subsidizing and quotas for jobs, access to early retirement, organizing specialized job fairs and training jobs. These activities allow low-income people to find work, although employment is not always a criterion for increasing living standards.
Participation in certain activities provided by the state for the purpose of assistance in finding employment is the parameters of adaptation in the labor market.
In some regions, programs are being developed to reduce tensions in the labor market. In pursuance of Decree of the Government of the Russian Federation dated December 31, 2008 No. 1089 “On the provision of subsidies from the federal budget for the implementation of additional measures aimed at reducing tensions in the labor market,” a Program of Additional Activities was developed and approved by the Government of the Russian Federation.
The Republic of Buryatia was one of the first to sign an agreement to allocate federal funds to the region in the form of subsidies for the implementation of the Program of Additional Measures aimed at reducing tensions in the labor market of the Republic of Buryatia for 2010.
As a result of the signing of the Agreement, the Republic of Buryatia was allocated 360.6 million rubles, including 335.9 million rubles - subsidies from the federal budget and 24.7 million rubles - appropriations from the republic's budget.
New directions of the Program of additional measures aimed at reducing tension in the labor market of the Republic of Buryatia for 2010 are the creation of additional jobs for unemployed citizens by citizens organizing their own businesses, and the creation of specialized jobs for people with disabilities. Internship for professional graduates is highlighted as a separate area educational institutions operating at enterprises of the republic, where mentoring is provided.
However, despite the measures taken for many who find themselves in a state of unemployment, this is associated with great difficulties of an economic and psychological nature. Many people need help adapting to their new status.
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