FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 12, 2023 No. 565-FZ

About employment of the population in the Russian Federation

Accepted by the State Duma on November 30, 2023

Approved by the Federation Council on December 7, 2023

Chapter 1. General provisions

Article 1. Subject of regulation of this Federal Law

This Federal Law determines legal, economic, organizational basis of state policy in the field of employment of the population, the state control of compliance with law about employment of the population.

Article 2. The basic concepts used in this Federal Law

1. For the purposes of this Federal Law the following basic concepts are used:

1) employment - the labor activity and other activities of citizens which are not contradicting the legislation of the Russian Federation performed by them for the purpose of production of goods, performance of works or rendering services and directed to income acquisition;

2) the citizens who are looking for work - the citizens registered in bodies of employment service for the purpose of search of suitable work according to the procedure, the stipulated in Article 22 presents of the Federal Law;

3) jobless citizens are the citizens of the Russian Federation recognized as the unemployed according to the procedure, the stipulated in Article 23 presents of the Federal Law;

4) the citizens experiencing difficulties in job search:

a) disabled people;

b) the persons exempted from the organizations performing custodial sanction, and who are looking for work within one year from the date of release;

c) minors aged from 14 up to 18 years;

d) citizens of pre-retirement age (within five years before the age granting the right to the insurance pension on old age including appointed ahead of schedule);

e) refugees and displaced persons;

e) the citizens discharged from military service and members of their families;

g) single and parents having many children, adoptive parents, guardians (custodians) raising minor children, handicapped children;

h) the citizens who were affected by radiation owing to radiation accidents and catastrophic crashes;

i) citizens aged from 18 up to 25 years, the having secondary professional education or the higher education and which are looking for work within one year from date of issue it the education document and about qualification (in case of passing by the specified citizens to this period of military service - from end date of passing of military service);

5) the citizens who for the first time are looking for work - citizens who did not work earlier (did not consist in the employment (office) relationships);

6) the citizens who are under risk of dismissal - workers on whom at the initiative of the employer the decision on introduction of the mode of part-time (change) and (or) part-time working week, idle time, holding actions for dismissal in connection with liquidation of the organization or the termination of activities by the individual entrepreneur, reducing number or staff of employees of the organization, the individual entrepreneur is made;

7) profiling of the citizens who are looking for work, jobless citizens - distribution of the citizens who are looking for work, jobless citizens on groups taking into account the sphere of their previous professional activity, work experience, social and demographic and other characteristics for the purpose of provision of measures of the state support by it in the field of employment of the population;

8) profiling of employers - distribution of employers to groups depending on form of business, type of economic activity, financial and economic provision and other characteristics for the purpose of provision of measures of the state support by it in the field of employment of the population.

2. Other concepts are used in this Federal Law in the value determined by other Federal Laws if other is not provided by this Federal Law.

Article 3. Busy citizens

Citizens are busy:

1) the public services of the corresponding type, municipal service working according to the employment contract, passing or having other paid work (service) except the citizens participating in paid social jobs for which the specified works are not suitable work, and the citizens working as members of the electoral commissions, commissions of referendum with the right of casting vote not on permanent (regular) basis;

2) registered in accordance with the established procedure as individual entrepreneurs, and also the notaries who are engaged in private practice, lawyers and other persons whose professional activity according to the Federal Laws is subject to state registration and (or) licensing (further also - individual entrepreneurs);

3) occupied with maintaining personal subsidiary farm, implementation of traditional economic activity, engaged in crafts, including national art crafts, traditional crafts of indigenous ethnic groups of the Russian Federation, and selling the made products under agreements;

4) the performing works on agreements of civil nature which objects are performance of works and (or) rendering services, including to agreements of the author's order;

5) the elite appointed or approved to paid position;

6) the taking place military service, alternative civil service staying in the voluntary forming provided by the Federal Law of May 31, 1996 No. 61-FZ "About defense";

7) temporarily absent on workplace in connection with temporary disability, leave, passing of professional training, vocational training or additional professional education, the suspension of production caused by strike, appeal on military charges, attraction to the actions connected with preparation for military service (alternative civil service), execution of other state or public duties or other reasonable excuses;

8) being members (members) of the corporate commercial bodies;

9) being members of peasant farm.

Article 4. The principles of legal regulation of the relations in the field of employment of the population

The principles of legal regulation of the relations in the field of employment of the population are:

1) voluntariness of work and liberty of choice by citizens of work arrangement, kind of activity, profession, specialty, type, nature and mode of work. The unemployment of citizens cannot form the basis for attraction them to administrative and other responsibility;

2) providing equal opportunities to citizens irrespective of floor, race, nationality, language, origin, availability of disability, property and official capacity, age, the residence, the relation to religion, beliefs, belonging to public associations and other circumstances in case of realization of right of defense from unemployment and employment assistance.

Article 5. Legal regulation of the relations in the field of employment of the population

1. The relations in the field of employment of the population are governed by the Constitution of the Russian Federation, the Federal constitutional Laws, this Federal Law, other Federal Laws, other regulatory legal acts of the Russian Federation, the laws, other regulatory legal acts of subjects of the Russian Federation, regulatory legal acts of bodies of the public power of the federal territories (further - the legislation on employment of the population).

2. If the international treaty of the Russian Federation establishes other rules, than those which are stipulated by the legislation about employment of the population are applied rules of the international treaty.

3. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.

Article 6. The main directions of state policy in the field of employment of the population

The main directions of state policy in the field of employment of the population are:

1) assistance to citizens in search of suitable work, and to employers in matching of necessary workers;

2) implementation of the actions promoting employment of the citizens experiencing difficulties in job search;

3) encouragement of the employers keeping acting and creating new workplaces, according to the procedure, provided by regulatory legal acts of the Russian Federation, regulatory legal acts of subjects of the Russian Federation and municipal legal acts;

4) support of entrepreneurial initiative of citizens;

5) assistance to citizens in professional development, including professional orientation, professional training and additional professional education;

6) assistance of mobility of manpower;

7) prevention mass and reducing long (more than one year) unemployment;

8) protection of the national labor market;

9) establishment of the state guarantees in the field of employment of the population, including provision of measures of the state support to citizens and employers, social payments to jobless citizens and other categories of citizens;

10) ensuring availability and targeting of measures of the state support to citizens and employers;

11) coordination of activities of public authorities of the Russian Federation, public authorities of subjects of the Russian Federation, local government bodies on development and provision of measures of the state support in the field of employment of the population;

12) assistance to development of social partnership in the field of employment of the population;

13) ensuring participation of labor unions, their associations, employers, their associations in development and realization of state policy in the field of employment of the population;

14) ensuring activities and development of public service of employment;

15) implementation of international cooperation in the field of employment of the population.

Article 7. International cooperation in the field of employment of the population

1. The main directions of international cooperation in the field of employment of the population are:

1) maintenance of international backgrounds and assistance to providing representation of interests of the Russian Federation in the international organizations in the field of employment of the population;

2) experience exchange, carrying out joint scientific, analytical and other surveys in the field of employment of the population;

3) development and program implementation and projects in the field of employment of the population;

4) other directions of interaction in case of the solution of questions in the field of employment of the population.

2. Coordination of international cooperation in the field of employment of the population in the territory of the Russian Federation is performed by the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of employment of the population.

3. Public authorities of the Russian Federation, public authorities of subjects of the Russian Federation, merging of employers, merging of labor unions, other organizations within the competence perform interaction with the international organizations, foreign state bodies, and also foreign non-governmental organizations for the main directions of international cooperation in the field of employment of the population.

Chapter 2. Powers of public authorities of the Russian Federation, public authorities of subjects of the Russian Federation, bodies of the public power of the federal territories in the field of employment of the population. Participation of local government bodies in assistance of employment of the population

Article 8. Powers of public authorities of the Russian Federation in the field of employment of the population

In the field of employment of the population treat powers of public authorities of the Russian Federation:

1) development and realization of state policy in the field of employment of the population;

2) development and implementation of state programs of the Russian Federation in the field of employment of the population;

3) generalization of practice of application of the legislation on employment of the population and preparation of offers on its enhancement;

4) approval of procedure of social payments to jobless citizens and other categories of citizens, and also issues of offers on appointment to citizens of pension for the period before the age granting the right to the insurance pension on old age including appointed ahead of schedule;

5) check of activities of bodies of employment service for implementation of powers in the field of employment of the population;

6) approval of the document forms connected with provision to citizens and employers of measures of the state support in the field of employment of the population, implementation of powers in the field of employment of the population;

7) informing citizens and employers on employment situation in the Russian Federation, the rights and guarantees of citizens in the field of employment of the population and protection them from unemployment;

8) other powers according to this Federal Law and other regulatory legal acts of the Russian Federation.

Article 9. The power of the Russian Federation in the field of employment of the population delegated for implementation to public authorities of subjects of the Russian Federation

1. To the power of the Russian Federation in the field of employment of the population delegated for implementation to public authorities of subjects of the Russian Federation (further - the delegated power), implementation of social payments to jobless citizens and other categories of citizens in type belongs:

1) unemployment benefits;

2) the pension granted to the jobless citizen according to the offer of public institution of employment service for the period before the age granting the right to the insurance pension on old age including appointed ahead of schedule;

3) monthly surcharge to orphan children, children without parental support, persons from among orphan children and children without parental support.

2. Financial provision of the delegated power is performed at the expense of the subventions provided to budgets of subjects of the Russian Federation from the federal budget (further - subventions) according to the procedure approved by the Government of the Russian Federation.

3. The technique of determination of total amount of subventions and its distribution between subjects of the Russian Federation affirms the Government of the Russian Federation. The total amount of the subventions provided to budgets of subjects of the Russian Federation joins costs for the organization of implementation of the delegated power. The payment for banking services on transactions with means of subventions is not levied.

4. The federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of employment of the population claims:

1) procedure for control of efficiency and quality of implementation by public authorities of subjects of the Russian Federation for the delegated power;

2) in coordination with the federal executive body performing functions on development of state policy and normative legal regulation in the field of budget activities, report form about expenditure of means of subvention and procedure for its representation.

5. The federal executive body performing functions on federal state control (supervision) in the field of work, employment, alternative civil service exercises control of efficiency and quality of implementation by public authorities of subjects of the Russian Federation of the delegated power.

6. The head of the federal executive body performing functions on federal state control (supervision) in the field of work, employment, alternative civil service has the right:

To take out 1) to the supreme executive body of the subject of the Russian Federation of the instruction (idea) of elimination of the revealed violations when implementing of the delegated power, subject to consideration within thirty days;

To bring 2) to the management official of the subject of the Russian Federation ideas of release from post of the head of executive body of the subject of the Russian Federation responsible for implementation of the delegated power, in cases of its non-execution or improper execution. The specified representations are subject to consideration by the management official of the subject of the Russian Federation within ten days;

To give 3) to the management official of the subject of the Russian Federation instructions for questions of implementation, obligatory for execution, of the delegated power.

7. Management official of the subject of the Russian Federation:

1) will be organized by activities for implementation of the delegated power according to this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation;

2) approves structure of executive body of the subject of the Russian Federation performing the delegated power;

3) is provided by timely representation in the federal executive body performing functions on federal state control (supervision) in the field of work, employment, alternative civil service, the reporting on implementation of the delegated power, including the report on expenditure of means of subvention.

8. In case of non-execution or improper execution by public authority of the subject of the Russian Federation of the delegated power this power can be withdrawn by the Government of the Russian Federation on representation of the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of employment of the population.

Article 10. Powers of public authorities of subjects of the Russian Federation, bodies of the public power of the federal territories in the field of employment of the population

1. In the field of employment of the population treat powers of public authorities of subjects of the Russian Federation:

1) development and implementation of state programs of subjects of the Russian Federation in the field of employment of the population;

2) generalization of practice of application of the legislation on employment of the population in subjects of the Russian Federation and preparation of offers on its enhancement;

3) financial provision of measures of the state support in the field of employment of the population, material and financial provision of activities of executive bodies of the subjects of the Russian Federation performing powers in the field of employment of the population, and public institutions of employment service;

4) registration of citizens for the purpose of search of suitable work, and also registration of jobless citizens;

5) provision of the main measures of the state support in the field of employment of the population provided by part 3 of article 28 of this Federal Law;

6) issue of the conclusions about attraction and about use of foreign workers according to the legislation on legal status of foreign citizens in the Russian Federation;

7) determination of procedure for reservation of separate work types (professions) for employment of the citizens who are especially needing social protection according to regulatory legal acts of subjects of the Russian Federation or determination of number of workplaces for employment of such citizens;

8) taking measures to elimination of the reasons established violations of the law about employment of the population and recovery of the violated rights of citizens;

9) implementation of other powers according to this Federal Law, other Federal Laws, agreements on differentiation of powers and agreements, the laws of subjects of the Russian Federation.

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