From 01.01.2024, Law No. 565-FZ of 12.12.2023, regulating employment issues, gradually comes into force. Unlike its predecessor, which existed for over thirty years (Law No. 1032-1 of 04/19/1991), the successor is aimed at creating an effective system of interaction between people who are really looking for work and government agencies designed to assist in finding employment.
The regulatory act is based on a fundamentally new approach to suitable work, expanding forms of employment and creating individual programs for each unemployed person.
Let’s talk about the new law on employment from 2024 and outline its main provisions and innovations.
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The procedure for assigning the status of unemployed
An application procedure is provided for official recognition of the unemployed. Along with a completed questionnaire informing about education, qualification level and professional experience, a citizen draws up an application in which he indicates whether he is applying for the status of unemployed (Article 22 of Law No. 565-FZ).
A prerequisite for the assignment of the status is the profiling of the candidate with the formation of an individual plan containing information (paragraphs 3.6 of Article 26 of Law No. 565-FZ) regarding:
- suitable work;
- profile group;
- state support measures;
- turnout dates the employment center.
Citizens who refuse to agree on an individual plan or two proposed suitable vacancies within a ten-day period will be refused registration as unemployed (sub-paragraphs 9, 13, paragraph 1, Article 24 of Law No. 565-FZ). The reason is the failure to fulfill the conditions regarding the active job search and readiness to start it immediately.
Rules for determining suitable work
In addition to the profession, education, qualifications and the amount of remuneration for work, the criteria for determining a suitable place of employment will be (paragraph 2 of Article 27 of Law No. 565-FZ):
- the form of employment, including full and partial, permanent and temporary;
- the location of the workplace, assuming a stationary or remote mode;
- life circumstances, taking into account the limitations of life, including due to the assigned disability group.
In addition to the possibility of permanent employment, since 01.01.2025, citizens have received the right to temporary part-time work without being registered with the employment service. Upon conclusion of a civil contract for a period not exceeding five working days per month, the accrual of unemployment benefits is suspended, followed by the resumption and preservation of the status of the unemployed (paragraph 4 of Article 49 of Law No. 565-FZ).
The amount of unemployment benefits, taking into account the annual indexation
The amount of payments due to an unemployed person depends on the total length of service, the amount of time worked in the year preceding the dismissal and the reason for the termination of relations with the last employer.
Persons who have worked for at least 26 weeks during the year before their dismissal are eligible for the maximum benefit. The maximum amount of the allowance will be (Article 44 of Law No. 565-FZ):
- 12792 rubles – before indexing;
- 13751 rubles – after indexing.
- 1,500 rubles – before the indexation;
- 1,613 rubles – after adjusting for the inflation index.
Starting from February 1, the annual marginal payments will be adjusted for the consumer price growth index for the previous year. The coefficient will be set by the Government of the Russian Federation on the basis of statistical data.
Sole proprietors and self-employed persons who have confirmed their work experience of 26 weeks in the year preceding registration as unemployed will be able to claim the maximum benefit.
Strengthening the control of employers
Since 2024, enterprises and entrepreneurs have been required to report on all personnel changes and organizational measures that may affect the employment of staff.
The interaction of business entities and the employment center should be carried out through the created unified platform “Work in Russia”.
Obligations have been introduced for employers regarding:
- Deadlines for reporting on vacancies. Information about each newly openedvacancies must be submitted no later than five banking days from the date of opening. Previously, the legislation did not establish a single date, and the letter of the Ministry of Labor dated 30.05.2022 No. 16-1/OOG-2182 was of a recommendatory nature.
- Fixing the deadlines for informing about bankruptcy and switching to remote mode. Information about the upcoming insolvency procedure and the transfer of staff to remote operation should be provided within a three-day period from the moment the decision is made by the management.
- Increasing quotas for the employment of people with disabilities. Since 09/01/2024, for enterprises with an average number of employees from 35 people, the quota has been set at 2-4%. Differentiation is provided for the subjects of the Russian Federation depending on the types of economic activity, municipality and numerical composition. The number indicator will be calculated according to the data of the previous quarter, and persons employed in separate units outside the region will be excluded from the staff (paragraphs 1-3 of Article 38 of Law No. 565-FZ).
- Providing official employment. In addition to the recruitment of personnel, the employment service provides a set of measures to counteract illegal labor. The interdepartmental commissions that are being created will receive information from the Federal Tax Service from March 2024 regarding established illegal employment, including the substitution of employment contracts with civil law agreements.
Interaction through the Work in Russia service is essentially the delegation of control functions to a single digital platform. This will allow you to monitor the actions of employers, job seekers and employment service specialists. A register of employers who have been seen creating illegal jobs will appear.
Support measures for socially vulnerable categories
In addition to the unemployed, employed people who are looking for a suitable job and are at risk of dismissal will be able to count on support from the state.
The Government delegated authority to the regions to develop measures for additional support for socially vulnerable categories of citizens (paragraphs 4-5, Article 28 of Law No. 565-FZ), including:
- creation of conditions for combining parental and labor functions for parents with many children;
- organization of training and professional retraining for young people;
- promotion of employment of persons who have completed military service service;
- encouragement of business entities that maintain and create new jobs for persons experiencing difficulties in finding employment.
Citizens can apply for psychological support, assistance in temporary employment and assistance in compiling a questionnaire from representatives of the employment service.
Overview of the main changes and innovations according to the new law
The law provides for a fundamentally new regulation of legal relations, taking into account the demands of the labor market and current state support measures. The main changes are presented in the table:
|Introduction of new concepts in relation to citizens
|The allocation of categories of “citizens looking for work” and “unemployed”, as well as “employed” and “at risk of dismissal” demonstrates a different approach to people who are conveniently unemployed and who are making every effort not to lose their jobs
|Updating the requirements for obtaining unemployed status
|Questioning, profiling and drawing up an individual plan are new mandatory conditions for being recognized as unemployed
|Criteria for determining a suitable job
|In addition to education and experience, the preferences and life situation of the applicant are taken into account, including the form of employment, finding a job and restrictions, for example, due to disability
|Introduction of the conditions for indexing the manual
|In addition to determining the maximum and minimum amount of the allowance, it becomes mandatory to indexate annually taking into account the inflation index for the previous year
|Specification of special state support measures for the least socially protected categories
|Priority in employment is given to disabled people, youth and persons who have completed military service by encouraging or imposing penalties (in particular, for failure to meet the quota for disabled people) to employers
|Increased control over employers
|Reporting to the employment service only through the Work in Russia platform, setting deadlines for submitting a number of reports and creating a register of employers found in illegal employment will become an incentive for effective interaction with both staff and representatives of regulatory structures