Gomel City Executive Committee

INFORMATION FOR CITIZENS

THE CONDITIONS AND PROCEDURE OF REGISTRATION OF CITIZENS AS UNEMPLOYED

Unemployed able – bodied citizen, without work and earnings, registered in the Committee for labor, employment and social protection of Minsk city Executive Committee, management (Department) for labour, employment and social protection of city, district Executive Committee (further – the organ on work, employment and social protection) in order to find a suitable job, looking for work and willing to start it

Are considered to be engaged citizens:

• working under an employment contract or performing the work of legal entities and individual entrepreneurs on civil contracts, the subject of which is execution of works (provision of services, creation of intellectual property), with the exception of citizens engaged in paid public works at the direction of bodies on work, employment and social protection;

• who are the founders (participants, members) of legal entities, with the exception of founders (participants) of joint stock companies and members of non-profit organizations;

• registered in the manner prescribed by law as individual entrepreneurs;

• carrying out activity on rendering services in the sphere of agroecotourism, craft activities;

• passing of military or alternative service and service in bodies of internal Affairs, Investigative Committee of the Republic of Belarus, the State Committee of judicial examinations of the Republic of Belarus, bodies of financial investigations of the state control Committee of the Republic of Belarus, bodies and divisions on emergency situations;

• students in full-time education in educational institutions, organizations, implementing educational programs of postgraduate education and other organizations, at individual entrepreneurs, which in accordance with the legislation granted the right to carry out educational activities;

• caring for a child under the age of 3 years, a disabled child under the age of 18, a disabled group I or a person older than 80 years of age and for a child under the age of 18 years who are infected with human immunodeficiency virus or AIDS;

• engaged in other means not prohibited by law activities generating earnings.

Registration of citizens as unemployed BY PLACE of RESIDENCE agencies for labor, employment and social protection IN case of PERSONAL application. When registering the unemployed citizen shall submit the documents stipulated by legislative acts.

The list of documents required for registration of citizens in bodies of state employment service as unemployed:

• a passport or other identity document;

• employment history (if available);

• a civil contract (if any) – for persons performing the work of legal entities
  and individual entrepreneurs according to civil legal contracts the subject of which was execution of works (provision of services, creation of intellectual property objects);

• the document on education, the document on education;

• a certificate of average earnings (income) for the last 12 months of work in the form established by the Ministry of labour and social protection;

• income Declaration in the form prescribed by the Ministry of labour and social protection;

• military ID and proof of remuneration according to the latest military posts on the day of dismissal in the form prescribed by the Ministry of labour and social protection for dismissed from military service;

• birth certificate for individuals with children under the age of 14 years (for foreign citizens and persons without citizenship who have been granted refugee status in the Republic of Belarus, – if there is such evidence);

• the identity of the child-invalid – for those with disabled children under the age of 18 years;

• certificate of release for persons released from places of deprivation of liberty;

• help on self-employment;

• the conclusion of the medical Advisory Committee for persons with limitations in condition to work;

• the individual program of rehabilitation of the disabled – for the disabled;

• copy of the judgment of divorce or certificate of dissolution of marriage or other document confirming category of an incomplete family, – for incomplete families;

• the document confirming the status of orphans and children left without parental care, as well as the status of persons from among children-orphans and children left without parental care;

Unemployed may not be registered employed citizens as well as citizens:

under 16 years of age;

which in accordance with the legislation of a pension by age, seniority or occupational pension;

serving a sentence in the form of correctional works, arrest, restriction of freedom, imprisonment, or life imprisonment;

being in medical and labor dispensaries;

submitting documents containing false information about the lack of work and income and other false information, to register as unemployed;

who are graduates of that place of work provided by the distribution (redistribution) or directions (future directions) to work and who have not fulfilled the terms of work distribution (redistribution) or direction (follow the direction) to work, established by the legislation on education.

Citizens who were previously removed from the register of the unemployed on the grounds envisaged by paragraph four part one article 25 of this Law, when applying to the bodies for labour, employment and social protection can be re-registered as unemployed after the 12 month period from the date of the previous registration, and the citizens, taken from the register on the grounds stipulated by paragraphs fifth, sixth and eighth of article 25 of this Law, at the expiration of the 12-month period from the date of the last withdrawal from the account.

Citizens directed by bodies on labour, employment and social protection for training, retraining, advanced training or for the development of the educational programme content of training courses (lectures, thematic seminars, workshops, training courses, officer courses and other training courses) (further – an educational program of training courses) and early dropouts from the educational institution, organization, individual entrepreneur, which in accordance with the legislation granted the right to carry out educational activities, for academic failure, in connection with the failure to undergo final assessment without a valid reason for prolonged absence without good reason in the classroom (classes) or systematic failure to perform or improper performance of duties students may be re-registered as unemployed after the 12 month period from the date of the last withdrawal from the account.

Citizens, previously held on the account in bodies on work, employment and social protection, in respect of which the court has taken decision on collecting in favour of bodies on labour, employment and social security of amounts paid unemployment benefits, scholarships, allowances for pregnancy and childbirth, financial aid, compensation payments, subsidies for the organization of business activity, activities for rendering of services in the sphere of agroecotourism, craft activities, cash payments for resettlement to a new place of residence and work and money spent on the organization and implementation of the learning process, can be re-registered as unemployed, provided full reparation exacted funds.

UNEMPLOYMENT BENEFITS

The unemployment benefit shall be appointed by labor agencies, employment and social protection. The decision on granting unemployment benefits or to refuse his appointment accepted by the authority for labour, employment and social protection within 10 calendar days from the date of registration of a citizen as unemployed.

The unemployment benefit is paid from the date of registration in bodies on work, employment and social protection as unemployed in the following order :

• the unemployed, who for 12 months preceding registration as unemployed, were in paid employment (income) for at least 12 calendar weeks on a full working day (week) or incomplete working day (week) with terms of 12 calendar weeks with full working day (week) – in the amount of two basic units a month for 26 calendar weeks;

• the unemployed, who for 12 months preceding registration as unemployed, were in paid employment (income) of less than 12 calendar weeks, as well as unemployed after a long break (more than 12 months) provided they have seniority of at least one year in the amount of one basic unit per month in the first 13 calendar weeks, and in 75 per cent of the base value per month in the next 13 calendar weeks;

• unemployed, first time job seekers and the unemployed seeking work after prolonged interruption (more than 12 months), provided they have seniority of less than one year – in the amount of 85 percent of the base value per month within the first 13 calendar weeks and 70 percent of the base value per month in the next 13 calendar weeks.

Term of payment of unemployment benefit may not exceed 26 calendar weeks within each 12 month period calculated from the date of registration in bodies on work, employment and social protection.

In the case where the unemployed at registration refused appointment of the unemployment benefit, this benefit may be appointed, subject to the implementation of paid public works and development in these works not less than 22 total working days on the basis of a written application of the unemployed. The allowance shall be paid by the authorities on labor, employment and social protection from the date of the decision on purpose of unemployment benefits in the following order: for the first 13 calendar weeks in the amount of 100 percent over the next 13 calendar weeks – 75 percent of the base value.

Work experience for the purpose of unemployment benefit is determined in accordance
with the legislation on pension provision.

Payment of unemployment benefit is maintained during the execution of the unemployed in paid public works and temporary work, which is notified in advance by the agencies for labor, employment and social protection.

The unemployed with dependent children under 14 years old disabled child under 18 years of age or a child under 18 years of age infected with human immunodeficiency virus or suffering from AIDS, the allowance is increased by 10 percent, and in the presence of three and more children (two or more disabled children) of this age – 20 percent.

The size of the unemployment benefit is subject to indexation in the procedure established by the legislation.

The unemployment benefit is paid once per month subject to the attendance of the unemployed in the prescribed manner to the labour, employment and social protection.

THE CONDITIONS FOR PROVIDING FINANCIAL ASSISTANCE FOR THE UNEMPLOYED

The right to receive material assistance are:

• the unemployed consisting on the account in the body for labour, employment and social security for more than one month irrespective of receiving unemployment benefits;

• citizens in professional training, retraining and advanced training and development of the educational programme content of training courses in the direction of bodies on work, employment and social protection (further – citizens in the period of study in the direction of bodies on work, employment and social protection)
  in the direction of bodies on work, employment and social protection;

• family members of the unemployed in the manner prescribed by law in case of death of the unemployed or members of his family.

The conditions for obtaining financial assistance

Material assistance to the unemployed, and also citizens in professional training, retraining and advanced training may be
subject to the following conditions:

if, on the date of filing average monthly gross income for each family member or an unemployed citizen in the period of study in the direction of bodies on work, employment and social protection, calculated over the last three months preceding the application for financial assistance does not exceed the maximum value of the minimum subsistence level on average per capita, approved by the Government of the Republic of Belarus for the last two quarters;

with the participation of the unemployed in paid public works in the month prior to the month of application;

if an unemployed person fulfills the responsibilities set forth in the first paragraph of article 91 of the Law of the Republic of Belarus of 15 June 2006 "On employment of population of the Republic of Belarus" (national register of legal acts of the Republic of Belarus, 2006, No. 94, 2/1222) (hereinafter – the Law), and he has no violations listed in paragraphs second–the fifth parts of the second and paragraphs two and three of part six of article 25 of the Act, within 12 months preceding the date of application, and the citizen during the period of study in the direction of labor agencies, employment and social protection performs the duties defined in article 91 of the Law, and he has no violations, specified in part three of article 23 of the Law.

In the calculation of gross income takes into account the following types of income of the unemployed citizen in the period of study in the direction of bodies on work, employment and social protection and members of their families:

• wages;

• income from business activities;

• the reward under civil contracts (including payments under contracts);

• royalties payable in accordance with copyright laws
  and related rights;

• pension;

• insurance payments on compulsory insurance against accidents at production
  and occupational diseases: additional payment to the average monthly earnings of the insured temporarily transferred in connection with health damage in result of an insured event to an easier, lower paid job until rehabilitation or establishment of proof loss, monthly insurance benefits to the insured or to the persons entitled to receive such payments in case of death of the insured;

• child support received by a family member;

• unemployment benefits;

• scholarship, including to citizens in professional training, retraining
  andenhancing skills;

• allowances assigned under the Law of the Republic of Belarus of 29 December 2012 "On state benefits to families raising children", with the exception of benefits to women who
  registered in public health organizations to 12 weeks gestation benefits
  in connection with the birth of a child;

• income on shares and other income from participation in the management of the property of the company (dividends, interest, payments for fractional shares);

• income from sale and lease (rent) real estate (land plots, houses, apartments, villas, buildings, garages), transport and other mechanical means, means of processing and storing food.

Financial aid is provided regardless of participation in paid public works for unemployed the following:

• children-orphans, children left without parental care, persons from among children-orphans and children left without parental care;

• parents in large and single-parent families and raising children with disabilities;

• persons under 18 years of age;

• with disabilities;

• persons approaching retirement age (two years before the onset of the age of eligibility for old-age pension on General grounds);

• veterans of combat actions on the territory of other States referred to in paragraphs 1-3 of article 3 of the Law of the Republic of Belarus of 17 April 1992 "On veterans" (Vedamastsi Varaha the College Respublika Belarus, 1992, No. 15, art. 249; national register of legal acts of the Republic of Belarus, 2001, No. 67, 2/787);

• pregnant women;

• performing temporary work, which previously notified bodies for labour, employment and social protection;

• persons who have contraindications to all types of paid public works (subject to the opinion of the medical Advisory Board)

THE AMOUNT OF FINANCIAL SUPPORT

The amount of financial assistance:

• unemployed during each 12-month period calculated from the date of registration as unemployed shall not exceed 6 basic units;

• citizen during the period of study in the direction of bodies on work, employment and social security may not exceed one basic unit per month;

• citizens in the age of 29 during the period of training, retraining and advanced training is not at the location of the body for labour, employment and social protection, have sent them for training may not exceed two basic units a month and having gross income in excess of the greatest amount of minimum subsistence level on average per capita, approved by the Ministry of labour and social protection over the last two quarter – one base value;

• citizens with disabilities during the training period in the direction of bodies on work, employment and social protection, may not exceed three base units in the month and having gross income in excess of the greatest amount of minimum subsistence level on average per capita, approved by the Ministry of labour and social protection, the last two quarter, or two basic units
  per month.

To receive financial assistance unemployed, as well as the citizens during the training period in the direction of bodies on work, employment and social protection apply to the authority for labour, employment and social protection at the place of registration with a written request to financial aid in the form established by the Ministry of labour and social protection. To this application shall be accompanied by the certificate of income shown above.

The decision to provide unemployed or citizen during the period of study in the direction of bodies on work, employment and social protection of material aid or refusal of it is taken by the body for labour, employment and social protection within 5 working days from the date of filing of the application, and if requested documents and (or) information from other state bodies, other organizations – within one month from the date of receipt of the application. About the decision are unemployed, and the citizen during the period of study in the direction of bodies on work, employment and social protection shall be informed in 3 days.

(Decree of the Council of Ministers of the Republic of Belarus 17.11.2006 № 1549 on approval of the Regulations on the procedure and conditions of provision of material assistance to the unemployed and members of his family, and also citizens in professional training, retraining, advanced training and development of the educational programme content of training courses with the change and addition from 22.10.2016 No. 856)

PROFESSIONAL ORIENTATION, PROFESSIONAL TRAINING, RETRAINING AND QUALIFICATION IMPROVEMENT

The unemployed have the right to free professional orientation, professional training, retraining and raising of qualification in the direction of bodies on work, employment and social protection.

Professional orientation of the unemployed population is for the purpose of rendering practical assistance in the choice of profession, change of occupation and qualification based on professional preferences, aptitudes, interests, personality and needs of the labour market.

Professional training for the unemployed is for the purpose of providing citizens registered in the manner prescribed by law unemployed, opportunities needed to restart (the beginning of) work activities of professional knowledge and skills taking into account social needs and in accordance with their inclinations, abilities, skills and peculiarities of their psychophysical development.

Citizens caring for a child under the age of 3 years (except for citizens who are on leave to care for a child up to the age of three years) can be forwarded to the agencies for labor, employment and social protection for training in the procedure and the conditions specified for the unemployed.

Professional training of the unemployed is carried out in educational institutions, and other organizations.

Unemployed to agencies for labor, employment and social protection for vocational training shall be removed from the account in bodies on work, employment and social protection.

A period of vocational training of the unemployed in the direction of bodies on work, employment and social protection in the form included in the length of work, as is recorded in the workbook.

The conditions of referral of the unemployed to vocational training

Vocational training for the unemployed is provided in the direction of bodies on work, employment and social protection in case:

- it is impossible to pick up suitable work because of absence from the unemployed the required profession, specialty (direction of specialty, specialization) qualification;

-· you need to change your profession, specialty (direction of specialty, specialization) qualification in respect of lack of work corresponding to the existing vocational skills of the unemployed;

- the unemployed lost the ability to perform work in the previously acquired profession, histi (the direction of specialty, specialization), qualifications or any medical contraindications to its implementation.

Vocational training for the unemployed:

- training, retraining and advanced training of workers (employees);

- retraining and advanced training of specialists;

- training courses.

Determination of suitability for the profession of the unemployed

Unemployed sent to vocational training, labor agencies, employment and social protection of free services for vocational guidance. Professional competence is directed on training of the unemployed for medical reasons is determined in health care facilities at the place of residence of the unemployed.

The conclusion of the contract on vocational training to the unemployed

The direction of the unemployed to vocational training is carried out on the basis of the decision taken by the head body for labour, employment and social protection.

To the unemployed sent to vocational training, on the labour, employment and social protection enters into a contract defining the rights and obligations of the parties and their liability for breach of contract.

Unemployed with his / her consent may be directed to vocational training in accordance with the application specific employer that guarantees him employment after completion of a full course of study. In this case, is a tripartite agreement (authority for labour, employment and social security – unemployed – tenant), defining the rights and obligations of the parties and their liability for breach of contract.

With regard to vocational training of unemployed minors are not declared fully capable or have not entered into a marriage agreement on his behalf shall be signed also by one of the parents (Trustee).

Time vocational training for the unemployed

Professional training for the unemployed is a full-time (day) form of education. Time vocational training for the unemployed are set for up to 12 months.

The compulsory teaching load in the professional training of the unemployed in all types of educational institutions established 36-40 hours per week (except for the cases established by the legislation), while the daily teaching load shall not exceed 8 hours.

Duration of training in theoretical and industrial training in the vocational training of workers directly in production should match the duration of working time established by the legislation on work for workers of appropriate ages, professions and industries.

The combination of professional training of citizens with employment

Professional training of citizens in the direction of bodies on work, employment and social protection can be combined, at their request, in their spare time with employment in unskilled jobs and temporary work in the profession (specialty), for which they are trained. These citizens must notify the authority for labour, employment and social protection about the conclusion of their this employment agreement indicating the employer, job (position), duration of the contract.

The body for labour, employment and social protection on the basis of information on the employment of citizen adopts a decision on further funding for its vocational training with the possibility of combining work with training, and profession (specialty) according to which a citizen employed in the period of professional training.

In the case of a decision on the termination of funding of professional education of the citizen on labor, employment and social protection within three days inform in writing to him and the educational institution, organization.

If the citizen is not informed the authority for labour, employment and social protection regarding his employment and the latter has decided to stop funding his professional training, citizen reimburses the actual costs of the agencies for labor, employment and social protection during the period of his professional study from the date of employment to the date of adoption of this decision.

The costs for vocational training to be reimbursed

Part of these costs included:

- costs associated with the organization and implementation of training directly to the educational institution, organization (paid under contracts with educational institutions, organizations);

- costs associated with compensation of expenses of citizens to travel to the place of training and (or) to the place of traineeship and back, and additional personal expenses during the time spent in transit in the case of vocational training outside their place of residence;

- the costs of living of citizens receiving vocational training outside their place of residence, in a period of vocational training;

- expenses for payment to citizens of grants, monthly monetary compensation and financial assistance for the period of professional training.

In case of refusal of citizens from the reimbursement of actual costs of labor agencies, employment and social protection during the period of their professional training on a voluntary basis, these costs are imposed by the authorities on labor, employment and social protection in the courts.

Expulsion of citizens from educational institutions, organizations to complete a full course of study

The citizens receiving vocational training in the direction of bodies on work, employment and social protection, may be expelled from educational institutions, organizations to complete a full course of study:

- for prolonged absence without good reason in the classroom (the classroom) during the period of study (more than 20 percent of the curriculum);

- for academic failure in three or more subjects (disciplines, practices);

- in case of failing the final assessment without a valid reason;

for systematic (repeated throughout the training period) non-performance or improper performance of duties of students;

- in the case of medical contraindications to continue study or work on their profession;

- at his own request;

- in case of coming into legal force of court verdict on appointment of punishment in the form of correctional works, arrest, restriction of freedom, imprisonment, or life imprisonment;

- in connection with a call for military service;

- in connection with employment;

- in case of death of the student.

In case of expulsion of citizens from the educational institution (organization) to complete a full course of study without acceptable reasons, the citizens reimburse the actual costs of the agencies for labor, employment and social protection during the period of their professional training.