What is a suitable job offered to an unemployed person, and can he refuse it?


How the Job Center can help

A person looking for a job can seek help from the Employment Center at their place of residence. The center's employees do not always find suitable vacancies. But citizens still often register to receive assistance.

What does the employment center do?

Employees of the employment center organize work with job seekers and employers.

Please note! Their responsibilities include:

  • providing assistance to employers and citizens looking for work, providing consultations on employment issues,
  • organization of additional education, professional retraining,
  • calculation and payment of social benefits for unemployed citizens,
  • organizing a job fair, adapting unemployed people,
  • providing professional support to self-employed citizens,
  • organization of paid public works, as well as employment of minor applicants.

The Employment Center is recognized as becoming a social guarantor for citizens who are left without work. As soon as a person registers, he acquires the status of unemployed and is assigned social benefits.

To receive payments, two conditions must be met. The person is physically able to work, but is not employed. In addition, he must be ready to begin his duties at any time.

Urgently lend money to the unemployed.

What is a suitable job offered to an unemployed person, and can he refuse it?

What is a suitable job offered to an unemployed person, and can he refuse it?

A job, including a temporary one, that corresponds to the level of qualifications and health of the unemployed, the conditions of his last place of work (service) and the transport accessibility of the workplace is considered suitable. Unemployed citizens have the right to refuse suitable work, but this may have negative consequences.

Criteria for suitable work

The criteria for suitable work depend on which category the citizen seeking work belongs to. The categories and criteria are as follows (clauses 1, 3, article 4 of Law dated 04/19/1991 N 1032-1; clauses 6, 7, 9 of the Requirements, approved by Decree of the Government of the Russian Federation dated 09/07/2012 N 891):

1) for citizens who registered in order to find a suitable job within 12 months after dismissal for any reason, work is considered suitable, including temporary work, which corresponds to:

-professional suitability of citizens, taking into account the level of qualifications;

- the conditions of the last place of work, with the exception of paid public works;

- the state of health of citizens;

-transport accessibility of the workplace;

2) for citizens who are looking for work for the first time (have not previously worked), have a profession (specialty) and are registered in order to find a suitable job within 12 months after completing their studies in educational organizations, a job, including a temporary one, is considered suitable , which corresponds to:

-professions (specialties), taking into account the level of qualifications;

- the state of health of citizens;

-transport accessibility of the workplace;

3) for citizens who:

a) are looking for work for the first time (haven’t worked before) and do not have qualifications;

b) dismissed more than once during the year preceding the start of unemployment, for violation of labor discipline, or other guilty actions;

c) ceased the activities of individual entrepreneurs and other activities, left the members of the peasant farm in the prescribed manner;

d) seek to resume work after a long (more than one year) break;

e) were sent by the employment service for training and expelled for guilty actions;

f) refused to improve (restore) qualifications in an existing profession (specialty), acquire a related profession, undergo vocational training or receive additional vocational education after the end of the established period for paying unemployment benefits;

g) have been registered with the employment service for more than 12 months;

h) have not worked for more than three years;

i) contacted the employment service after the end of seasonal work - paid work is considered suitable, including temporary work and public works, which requires or does not require (taking into account the age and other characteristics of the citizen) preliminary training that meets the requirements of labor legislation.

Note! In order to prevent the spread of coronavirus infection (COVID-19), Temporary Rules have been approved, providing for registration as an unemployed person during the period of high alert on the basis of a citizen’s application in electronic form, including in person at the employment center (clauses 1, 2 Temporary Rules, approved by Decree of the Government of the Russian Federation dated 04/08/2020 N 460; Information from the Ministry of Telecom and Mass Communications of the Russian Federation).

In this case, in any case, work cannot be considered suitable if (clause 4 of article 4 of Law No. 1032-1):

• it is associated with a change of residence without the consent of the citizen;

• working conditions do not comply with labor protection rules and regulations;

• the proposed earnings are lower than the average earnings of a citizen calculated over the last three months at the last place of work (service). However, this condition does not apply to citizens whose average monthly earnings exceeded the subsistence level of the working-age population calculated in the corresponding constituent entity of the Russian Federation. In this case, a job cannot be considered suitable if the salary offered is below the specified amount.

Reference. The cost of living for the working population in Moscow

The cost of living of the working-age population in Moscow for the first quarter of 2021 amounted to 19,544 rubles. (clause 1 of Moscow Government Decree dated June 17, 2020 N 807-PP).

Consequences of refusing a suitable job offer

Employment service authorities have the right to draw up and issue job assignments to citizens without their consent according to options that meet the criteria of suitable work for each specific citizen, taking into account individual characteristics. In any case, a citizen cannot be offered the same job twice (paragraph 4, paragraph 3, article 3 of Law No. 1032-1; paragraph 10 of Requirements No. 891).

A citizen has the right to refuse the proposed options for suitable work, but this may have negative consequences (paragraph 4, paragraph 3, article 3 of Law N 1032-1; paragraphs 3 - 8, paragraph 15 of the Federal State Standard, approved by Order of the Ministry of Labor of Russia dated November 13 .2012 N 524 n).

The refusal of citizens from a proposed suitable job, in particular, provides for (clauses 3, 4, article 3, clause 3, article 35 of Law N 1032-1; clause 130 of the Rules, approved by Order of the Ministry of Labor of Russia dated 02/22/2019 N 116 n):

• refusal to recognize as unemployed citizens who, within 10 days from the date of registration in order to find a suitable job, refused two options for a suitable job. It will be possible to re-apply to the employment service authorities in order to be recognized as unemployed in this situation within a month from the date of refusal;

• suspension of the payment of unemployment benefits for up to a month to unemployed citizens who refused two options for suitable work during the period of unemployment;

• failure to provide financial assistance to an unemployed citizen who has lost the right to unemployment benefits and has refused one suitable job option in the past month.

The possibility of the employment service authorities taking into account the arguments of citizens when making these decisions, justifying the valid refusal of suitable work, is not provided for by law. However, during the selection of a suitable job, the employee of the employment service agency is obliged to agree with the citizen on options for suitable work (clause 4, clause 15 of Federal State Standard No. 524 n).

If a citizen believes that the proposed vacancies are not a suitable job, or the procedure for providing job options was violated, he has the right to appeal the decisions, actions of the employment service body and its officials to a higher authority, as well as in court (Article 11 of Law No. 1032-1 ).

Note! In connection with the coronavirus infection, courts are working taking into account the sanitary and epidemiological situation in a particular region. We recommend that you clarify the court’s operating procedure in advance (clause 1 of Decree of the President of the Russian Federation dated May 11, 2020 N 316; Letter of the Judicial Department at the Supreme Court of the Russian Federation dated May 7, 2020 N SD-AG/667).

How to obtain unemployed status

applications for registration with the employment center

In order to register with the employment center, a person needs to collect a package of documents and apply to the labor exchange at their place of residence.

To submit an application you will need to prepare:

  • work book,
  • passport of a citizen of the Russian Federation,
  • diplomas, educational certificates,
  • a salary certificate for the last three months, it is issued on the form of the employment center.

If a disabled person wants to register, a medical document containing the contents of an individual rehabilitation program is required.

In order for the job selection service to be provided with the highest quality possible, it is recommended to provide all documents confirming professional education and skills. These can be certificates, diplomas, certificates of advanced training.

When contacting the employment center, a citizen writes an application for the provision of services. On the day of application, a suitable vacancy is selected. If a person is not employed within 10 days, he is considered unemployed.

After being assigned the status, the citizen is required to appear at the labor exchange twice a month to check in and undergo an interview for the proposed vacancies no later than three days after receiving the referral.

You can submit documents and register not only at your place of residence, but also at your place of temporary stay. But in this case, the citizen will not be awarded unemployment benefits, but will only be provided with assistance in finding a vacant position.

What is a “suitable” Job Center job?

We tell you what criteria are used to select vacancies for the unemployed and why you may be deregistered.

– I would like to clarify what “suitable” work means? I have a higher education in economics, specialization as an accountant, and have more than 10 years of work experience, but not by profession. I would like to find a job in my specialty and with a salary of at least 30 thousand. If I'm offered less pay, is it considered that I'm turning down suitable work? And will they be deregistered as unemployment in this case?

To receive unemployment benefits and find a suitable vacancy (if you cannot find a job on your own), you need to register with the Employment Center (PEC). In this case, among other documents, you will need to provide a work record book and documents on education, courses, academic degrees and titles, if any. It is based on these that the Employment Center will determine which job is suitable for you.

The criteria for determining suitable work are spelled out in Article 4 of the Law “On Employment in the Russian Federation”.

Firstly, temporary work may also be suitable, the main thing is that it matches your professional suitability. In other words, your professional education, qualifications and experience are taken into account.

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Secondly, the conditions at the last place of work are taken into account, in particular, the amount of wages. So, if the offered salary is lower than the average salary in the previous place (a certificate of average salary for three months must be submitted when applying to the Labor Center), then the job is considered unsuitable. True, there is one “but”: if your average salary at your previous job was above the subsistence level, then a job with a salary even equal to it will be considered suitable, today it is 10,286 rubles.

Thirdly, your health status, limitations and indications for work, if any, are taken into account. However, they must be confirmed by official medical certificates.

And finally, fourthly, the transport accessibility of the workplace is taken into account. This criterion is determined directly by the employment service, taking into account the development of the transport system of a particular area.

In this case, the work will be considered unsuitable if it is associated with a change of residence (of course, only if you yourself do not agree to this) or if the working conditions do not comply with Russian legislation.

Please note: when selecting a vacancy, you are not allowed to offer the same position twice.

What happens if you accept a vacancy offered by the Employment Center?

If the selected vacancy suits you, you will be given a job referral (a maximum of two referrals can be given at the same time). Next, the candidate agrees with the employer and undergoes an interview. If you are hired, then within five days the employer must return a letter to the Employment Center indicating the date you were hired.

If the employer denies you a place, then the direction must include a note about the day you will appear for an interview, indicating the reason for the refusal, the signature of an authorized person and the seal of the organization. In this case, you will have to return the referral to the central control center yourself.

What if there is no suitable job?

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If there are no vacancies suitable for your professional training on the labor market, then, with your consent, you may be offered work in a related profession, participation in community service, or invited to a job fair or career guidance.

If, after 10 days from the date of registration, the Employment Center was unable to offer you a suitable option, then starting from the day you submit your documents, you will be officially recognized as unemployed.

Can they not be recognized as unemployed?

They can. This happens in the following cases:

  • if you refused two proposed options for suitable work (including temporary ones) within 10 days from the date of registration;
  • if within 10 days from the date of registration you did not appear at the Central Employment Center to select a vacancy without a good reason (a good reason must be documented, for example, a sick leave);
  • if you did not appear at the Employment Center on time to be declared unemployed;
  • if the documents you provided contained false information.

In this case, you must be notified of the refusal in writing or by mail within 24 hours from the date of making such a decision. However, if you are not recognized as unemployed, then after a month from the date of refusal you have the right to re-apply to the employment service.

Once again briefly about the main thing:

1. A suitable job is determined by your professional suitability.

2. The salary at the proposed position should not be lower than your average earnings at your previous job, if you received less than the subsistence level. If you received more, then the proposed payment may be equal to it.

3. Transport accessibility of the workplace is also taken into account.

4. If you agree to the proposed vacancy, you should be given a referral for an interview.

5. If there is no suitable job, you may be offered a job in a related profession.

6. If you are not offered anything within 10 days, then you will be officially recognized as unemployed from the day you submit your documents.

7. If you refused two suitable vacancies, did not appear at the employment center on time, or provided false documents, then you will not be recognized as unemployed.

And don't forget that we answer your questions left in our Question-Answer section.

Photo: shakhovskayamo.rf

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Legislation applicable when refusing vacancies

A citizen has the right to refuse an offered vacancy. This issue is regulated by Federal Law No. 1032-1 of April 19, 1991 “On Employment”. You can refuse no more than twice. But there is an exception if the vacancy is not suitable.

Attention! The law contains the following provisions:

  • Article 35 states that the payment of benefits to a citizen is suspended for three months if he refuses a suitable vacancy,
  • Article 4 establishes the concepts of “suitable” and “inappropriate” vacancies,
  • in accordance with Article 9, the process of additional training of citizens and financing is organized.

A vacancy that suits a person’s qualifications, determined in accordance with the last place of work, is considered suitable. In addition, the salary must be no less than the subsistence minimum. The place of work must be within transport accessibility for the citizen.

A vacancy that does not meet these requirements is considered unsuitable. If a person with unemployed status refuses an unsuitable vacancy, no penalties are applied to him.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

What kind of work can be offered to an unemployed person and what kind cannot?

If a citizen registers within 12 months after dismissal, then the employment center specialists select a new job for him taking into account his profession, position, level of education and qualifications. Employees of the employment center, in accordance with Article 4 of the Law “On Employment,” must offer the unemployed a job that corresponds to his professional suitability, state of health, transport accessibility of the workplace and the conditions of his last place of work. Without the consent of the citizen, he cannot be offered a job that involves a change of place of residence, as well as working conditions that do not meet the standards or a salary that will be less than the average earnings at the last place of work.

Reasons for refusing a job

If an unemployed citizen refuses an offered vacancy, he must justify this.

In order not to lose your payment, you must indicate the following reasons:

  • the place of work is far from the residential address,
  • the proposed position does not meet the qualifications,
  • wages are below the established minimum subsistence wage,
  • the workplace is not provided with working conditions.

If valid reasons are not specified, an unemployed citizen may lose the entire payment or lose part of it up to 25%.

Instructions for refusing employment

In order to refuse an offered place, a citizen must come with a referral to the employer. If the management of an organization refuses to write that a person is not suitable for them to fill a vacant position, they must formalize the refusal independently.

The refusal is made in writing on a referral form, which is issued to the unemployed. The refusal must be signed by the citizen and the employer. In addition to the signature of the head of the organization, a seal is affixed.

Attention! You can refuse a job offer as follows:

  • get a referral to a place of work. You must visit the employer no later than three days from the date of receipt of the notification,
  • contact the HR department and arrange an interview time,
  • arrive at the appointed time, after the conversation, decide on the final decision,
  • if the vacancy does not suit the citizen, you can ask the employer to write a refusal in the direction column,
  • if the head of the organization refuses to write a refusal, you need to find a valid reason why the applicant will not agree to the proposed vacancy,
  • the refusal is entered in the established column in the presence of the manager. The employer puts his signature and seal.

The referral must be returned to the employment center within the prescribed period, which is three days.

Required documents and information

The referral issued by labor exchange employees to the unemployed is the main document for employment.

It contains the following information:

directions to work (from the employment center) free in word format

  • who guides the citizen,
  • what position is he applying for?
  • address and full company name.

Below in the referral form are printed lines for additions.

Can an unemployed person receive a subsidy for utilities?

They fill in the following information:

  • if the management of the organization is not satisfied with the candidacy of an unemployed citizen, it enters the grounds for refusal in a special field,
  • if a person refuses a position himself, he fills out his line indicating the reason. For example, he writes that “the enterprise is located far from home.”

The completed referral form is handed over to the labor inspector.

Watch the video. How to register with the employment center:

How to refuse to study at a central training center

Citizens who are registered with the employment center are given the opportunity to undergo vocational training. In the first three months, a person can refuse offers, but this will not affect payments.

But if a citizen refuses to study after three months of registration on the exchange, he will lose payments for three months. This applies to unemployed people who do not have any professional education, or if they have not worked anywhere for a long time.

Employees of the employment center inform the citizen in advance about all changes in the payment procedure.

What is offered to the unemployed if there is no suitable job?

The employment service also has the right to offer work in a related profession. For example, for specialists with an accounting education, these could be vacancies for an auditor, economist, tax consultant, financial manager, and for a teacher - a social worker, educator, or tutor. Most often, related professions are found among blue-collar professions. For example, this could be a painter-plasterer or a freight forwarder with the functions of a loader or driver.

Question answer

Is it possible to collect alimony if the ex-spouse is unemployed?

In addition to vacancies in related professions, employees of employment centers can offer the unemployed participation in paid public works. Those who do not receive unemployment benefits and have been registered with the employment service for more than 6 months have a priority right to participate in them. Unemployed people can be involved in landscaping and landscaping, cleaning entrances, caring for the sick, elderly and disabled, etc. For the duration of participation in public works, a fixed-term employment contract is concluded and a salary is paid, which, taking into account the amount of material support, must not be lower than the minimum wage. The period of participation in public works is included in the length of service.

If there are no suitable vacancies, then the unemployed are offered free retraining courses. If a citizen has not worked anywhere before, has not studied and does not have qualifications, then the employment center can offer him training for a period of one to six months (depending on the profession and type of training). The second option is to work as a laborer, courier, or loader with an average salary of 15,000 - 20,000 rubles (in Moscow).

If there are no suitable vacancies, the employment center has the right to issue job referrals without the consent of the unemployed. If the latter refuses, then after two such refusals he will be deprived of benefits. Payment of unemployment benefits may be suspended for up to 3 months. (Clause 3 of Article 35 of the Law “On Employment”).

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