Under what conditions can individual entrepreneurs receive unemployment benefits - the amount due to quarantine in 2021

The categories of persons who can qualify for unemployment benefits are limited by Law No. 1032-1 of April 19, 1991, including individual entrepreneurs. That is, citizens who are registered as individual entrepreneurs will not be able to receive payment until they close their business.

The payout size is limited by a minimum and maximum value. Former entrepreneurs can only count on a minimum amount, taking into account the increasing coefficient in the region. The coronavirus quarantine announced in 2021 increased the maximum benefit amount, but did not change the lower limit.

How to register on the labor exchange for individual entrepreneurs.

Registration with the CZN is regulated by Law No. 1032-1.

In accordance with the regulatory act, the following citizens can contact the service:

• from 16 to 60 (65) years;
• those who do not have a job and a regular income at the time of application.

There are no requirements for qualifications, education, or work experience.

Unemployed status is assigned to a citizen if he:

• does not have a concluded employment contract;
• is not self-employed;
• does not receive a pension, including for length of service;
• did not conclude a civil law agreement with the employer at the time of application.

Information about an individual entrepreneur is entered into a unified register (USRIP).

An individual entrepreneur cannot register as unemployed, as he is considered self-employed.

The possibility of registration is not affected by the taxation system chosen by the entrepreneur or his level of income.

An individual entrepreneur can register if he ceases his activities and officially liquidates his status. After this, the entrepreneur will be able to apply to the labor exchange on a general basis.

To terminate the activities of an individual entrepreneur, you must contact the Federal Tax Service with an application.

The following documents must be attached to it:

• passport;
• TIN;
• extract from the Unified State Register of Individual Entrepreneurs.

Based on the application, tax officials must make changes and cancel the individual entrepreneur within 5 days.

A written notice of this is not issued, so the entrepreneur must visit the organization independently to obtain the document.

After this, the citizen can register at the Employment Center as an unemployed person.

Let's look at what documents you need to apply for the labor exchange:

• passport;
• employment history;
• education diplomas;
• extract from the Unified State Register of Individual Entrepreneurs on the termination of the individual entrepreneur’s activities.

CZN employees are given 10 days to review the documents. Under quarantine conditions, an application in some regions of the Russian Federation can be submitted remotely.

Information about the operating hours of the Federal Tax Service and the Employment Center during self-isolation can be found on the official website of the organizations.

Unemployment benefit for individual entrepreneurs in 2021: how much is it?

The Government of Russia, by decree No. 844 dated June 10, 2020, amended another decree No. 346 dated March 27, 2020, which determines the minimum and maximum amounts of unemployment benefits for 2021. The document establishes that:

1. For May, June and July 2021, all unemployed people receiving benefits in the minimum amount will be paid a benefit of at least 4,500 rubles. per month.

2. In June-August 2021, to any unemployment benefit, citizens with children under the age of 18 are entitled to an additional payment of 3,000 rubles per child, but only to one of the parents.

3. For citizens who have lost the right to receive unemployment benefits after March 1, 2021 due to the expiration of the payment period, the payment of benefits is extended for 3 months (but not longer than until October 1, 2021) in an amount equal to what was calculated on the day of the end of the benefit payment period, and at the same time:

• not higher than the maximum benefit (12,130 rubles);
• not lower than the minimum benefit valid on the day of resumption of payments (that is, 4,500 rubles in May, June and July 2020).

4. All individual entrepreneurs who ceased operations after March 1, 2021 are paid a benefit in the amount of 12,130 rubles for 3 months, but no longer than until October 1, 2021.

That is, this amount of benefits can be assigned for June, July and August. Or - for July, August and September. But for October the increased benefit will no longer be given: you will have to rely on the “minimum wage” that will be in effect at that time. If the payment of 4,500 rubles is not extended, the general rule for a minimum payment of 1,500 rubles will apply (clause 1 of Resolution No. 346).

Please note that any unemployment benefit above the minimum is calculated only if the applicant had income from work. Entrepreneurial income in this case does not play a role, even if it was very large, it will not be taken into account: the benefit, one way or another, will remain minimal.

The main condition under which unemployment benefits are given to an individual entrepreneur who has completed his activity is, in fact, the cessation of activity. An application for such termination can be submitted through the Federal Tax Service website in a simplified manner (in particular, without using a qualified digital signature of the entrepreneur). If a person has a valid individual entrepreneur status, then he will not be registered as unemployed (Article 2 of Law No. 1032-1 of April 19, 1991).

In addition, in all of these cases, including if unemployment benefits are needed for an individual entrepreneur, the person is required to register with the Employment Service at the entrepreneur’s place of residence. Let's take a closer look at how to receive unemployment benefits for individual entrepreneurs, taking into account the need to interact with this structure.

Amount of unemployment benefits.

Former entrepreneurs are often faced with the question of how much they will pay if they join the labor exchange.

In accordance with the instructions of the President of the Russian Federation, the amount of benefits was increased to the minimum wage, which currently amounts to 12,130 rubles.

However, this is the maximum amount payable. The minimum benefit amount is 1,500 rubles. Maximum payments in the amount of the minimum wage are planned to remain until the end of the year.

Payments depend on the length of service and income of the citizen. The benefit is calculated on the basis of a certificate from the last place of work.

In the first 3 months it is 75% of earnings, then it decreases to 60%.

However, businessmen who register after the termination of the individual entrepreneur’s work are assigned a minimum allowance.

Citizens registered as unemployed retain their right to financial assistance for a year.

Payments may be temporarily suspended in the following cases:

• the citizen twice refused to apply for a job without a good reason;
• an unemployed person visited the central registration center for re-registration while under the influence of alcohol or drugs.

How to join the labor exchange and receive unemployment benefits.

Who can receive benefits

The state provides assistance to those citizens who are left without work. This is not only cash payments every month, but also the opportunity to undergo free training, as well as assistance in finding employment. To benefit from such assistance, a person must obtain unemployed status. To do this, you need to contact the Employment Center (ECC).

An able-bodied citizen who is not employed can be recognized as unemployed. Who is this? To understand, let’s turn to Article 2 of the Law “On Employment” of April 19, 199 No. 1032-1.

It states that the employed are those working under employment contracts, providing services and performing work under civil contracts, full-time students, receiving pensions, undergoing military service, holding paid positions, as well as notaries, lawyers and other specialists leading private practice. Businessmen registered as individual entrepreneurs, who have established a commercial organization and are members of peasant (farm) households are also recognized as employed persons.

Here is the answer to the question - can an individual entrepreneur register as unemployed? According to current legislative norms, an entrepreneur does not have such a right, because he is an employed person. Moreover, the very fact of registration is important, but the fact that the activity is not carried out or is causing a loss is not important. Thus, to obtain the status of unemployed, an entrepreneur will have to deregister with the Federal Tax Service, that is, close the individual entrepreneur. And only after information about this is entered into the Unified State Register of Individual Entrepreneurs (USRIP), you can receive this status.

Is it possible to join the labor exchange if a person is not an entrepreneur, but is registered as self-employed? No, It is Immpossible. In this case, the same rule applies - first you need to deregister, then go to the central control center.

But there is a chance that everything could change - this idea is now being discussed. If legislators approve it, unemployed entrepreneurs and self-employed people will be able to register with the tax service center without deregistration with the tax service. That is, they will be able to receive benefits without losing their business status. And when the situation stabilizes, it will be easier to return to entrepreneurial activity.

What is needed for accounting in the central price register

So, until the changes are adopted, the first thing an entrepreneur should do is go to the tax authority to be deregistered. In any case, it is better not to postpone this, because for every day in the status of an individual entrepreneur you have to pay insurance premiums, even if there is no activity. Therefore, the sooner the entrepreneur “closes”, the smaller his loss will be.

At the time of making the decision to wind down the business, the entrepreneur most likely already had accumulated debts on taxes or contributions. Don’t worry - they will not affect either the termination of activity or the assignment of unemployment benefits. But these debts will not disappear after closing - they will remain with the individual until they are paid. However, it should be noted that old debts that have already been transferred to enforcement proceedings can be collected using unemployment benefits.

Next, the entrepreneur must collect several documents:

• application for deregistration (P26001). There is no need to sign it - this is done at the Federal Tax Service, at the MFC or at a notary (if the individual entrepreneur does not go to the tax office himself);
• a receipt for payment of the state duty for deregistration of individual entrepreneurs in the amount of 160 rubles;
• your passport.

Form an application to close an individual entrepreneur for free

With these documents, the entrepreneur goes to the registering tax office or the Multifunctional Center, and after 5 working days he will be deregistered. This is enough, you don’t need to take any more confirmations (certificates) from the Federal Tax Service.

It's time to go to the Employment Center and submit the following documents:

• original passport of the former individual entrepreneur;
• work book (if available);
• documents confirming education;
• certificate of average earnings for 3 months;
• military ID (for those liable for military service);
• rehabilitation program for a disabled person, if applicable.

We recommend checking with your local central authority to see if any other documents are needed.

The most common question for entrepreneurs is the certificate of average earnings - there is simply nowhere to get it. This certificate is needed to calculate the benefit amount. However, the individual entrepreneur does not have a salary, and the amount of payment assigned to him is in no way related to income. So can an individual entrepreneur receive benefits without a certificate of average earnings? Yes, for this reason they should not refuse him.

The amount of the benefit is calculated for each applicant individually. The exact payment amount will be calculated at the Employment Center.

The benefit will be paid until employment, but for a maximum period of 6 months. But it is important to comply with all the conditions of the employment certificate - appear at the appointed time, go to potential employers. You cannot ignore the proposed vacancies, because after a two-time refusal, they will stop paying benefits and deprive you of your unemployed status.