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Publication date: 14.05.2024
Current aspects of taking into account persons who are registered in the employment center during the introduction of martial law.
The issue of registration at the employment center remains relevant, especially in the conditions of martial law, when many people may lose their jobs and sources of income due to unforeseen circumstances. This is especially true for internally displaced persons (IDPs), who are often forced to leave their homes and may lose the necessary documents. This creates difficulties in the process of receiving assistance for the unemployed. Are there additional measures to help such persons find work or simplify registration procedures at the employment center?
The most problematic situations that IDPs may face
If a person has the status of an Internally Displaced Person (IDP) and left the war zone without all the documents, such as a work book, can he be registered at the employment center?
Usually, to register as unemployed, you need to submit a whole package of documents, as established by the Resolution of the Cabinet of Ministers of Ukraine dated March 30, 2023 No. 446 "On approval of the Procedure for registration, re-registration of registered unemployed and keeping records of persons looking for work". However, IDPs who do not have all the documents required for such registration may be registered as unemployed without the requirements applicable under the normal procedure.This means that in the absence of certain documents, the employment center can obtain information about insurance experience, work activity and wages (income) from the relevant registers, such as the State Register of Individual Taxpayers, the Unified State Register of Legal Entities, Individual Entrepreneurs etc.
Is such a person with the status of an IDP entitled to unemployment benefits if he has not submitted all the necessary documents due to their loss or for other reasons?
Unemployment benefit is provided from the first day after receiving unemployment status, but its term cannot exceed 90 calendar days. Before obtaining the necessary documents and information about labor activity, wages and insurance experience, unemployment benefits are assigned in the minimum amount, which is 2,500 hryvnias, in accordance with the resolution of the Fund of Mandatory State Social Insurance of Ukraine dated September 14, 2023 No. 60 "On the minimum amount of unemployment benefits"
General Legal analysis of the situation
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What should a person do if the employment center refuses registration?
The decision on assigning the status of registered unemployed or refusing to receive it is made by the employment center on the day of the personal application of the job seeker.A person familiarizes himself with this decision when visiting an employment center and signs the corresponding appendix to his personal card.
In the event that a person applied for unemployment status online, the employment center notifies the person of the decision made through the Diya Portal or, if technically possible, through the official website of the State Employment Center within two calendar days.
A person who applied for unemployment status via the Internet receives a notification about the decision of the employment center through the Diya portal or, if technically possible, through the official website of the State Employment Center. Such notification is sent within two calendar days after receiving the application. The Resolution also provides that if the employment center makes a decision to refuse to grant the status of registered unemployed, a person can re-submit an application for granting the specified status no earlier than seven calendar days from the date of acceptance of such decision.
In addition, a person has the right to submit a written request addressed to the head of the employment center in order to receive an answer with reference to the current legislation on the reason for the refusal to register. According to the provisions of the Law "On Appeals of Citizens", appeals are considered and resolved within a period of no more than one month from the date of their receipt
The decision of the employment center on refusal to grant the status of registered unemployed can be appealed in accordance with the procedure established by law
According to the provisions of clauses 1, 2 of Article 122 of the Code of Administrative Procedure of Ukraine, a lawsuit may be filed within the term of appeal to the administrative court. For applying to the administrative court for the protection of the rights, freedoms and interests of a person, a six-month period is established, which, unless otherwise established, is calculated from the day when the person learned or should have learned about the violation of his rights, freedoms or interests.According to the Resolution, internally displaced persons (IDPs) are guaranteed priority formation of a resume, its publication on the website of the State Employment Center, career guidance, consulting and search services to ensure employment during martial law. In addition, the Law of Ukraine "On Employment of the Population" provides for a number of measures to promote employment for IDPs who are employed on the referral of the employment center.
Such measures are included in Article 24-1 of this Law. These measures are designed to assist internally displaced persons in finding and obtaining work through the employment center.
These measures also include employment counseling, training and retraining for the labor market, and the possibility of receiving financial support in the form of vocational training or internships to facilitate employment.
Compensation to the registered unemployed person for actual transportation costs for moving to another administrative-territorial unit of the place of employment;
compensation to the registered unemployed person for expenses for passing a preliminary medical and drug examination in accordance with the legislation, if it is necessary for employment;
reimbursement of the employer's expenses for wages for employment under the terms of fixed-term employment contracts of the registered unemployed;
reimbursing the costs of the employer who employs the registered unemployed for retraining and upgrading the qualifications of such persons.
Importantly! These types of expense compensation relate specifically to the employment of unemployed internally displaced persons.Therefore, according to this procedure, if a registered unemployed among internally displaced persons finds a job in another administrative-territorial unit, he will be compensated for the real costs of moving to the place of new employment.
Therefore, according to this procedure, if a registered unemployed among internally displaced persons finds a job in another administrative-territorial unit, he will be compensated for the real costs of moving to the place of new employment.
Therefore, unemployed internally displaced persons are entitled to receive compensation for transportation to a new place of employment. This compensation is paid through the employment center after the employment of a person on the referral of this center. The person must present the relevant documents confirming the transportation costs and submit an application to the head of the employment center. The decision on compensation is made within five working days after receiving the documents. For unemployed internally displaced persons, other employment assistance measures are provided, such as compensation for the costs of professional development and other forms of support.
Conclusions
So, unemployed IDPs need to know that in order to be registered at the employment center, if they do not have or lose their documents, they have the right to receive the status of unemployed without the requirements applied under the usual procedure. Obtaining the necessary data on their labor activity will be done using the relevant registers. In the event of a refusal to register, a person has the right to appeal such refusal in accordance with the law. Also, a number of employment assistance measures are provided for IDPs, for example, compensation of the registered unemployed for actual transportation costs for moving to another administrative-territorial unit of the place of employment; compensation of the costs of the employer who employs the registered unemployed, for retraining and upgrading the qualifications of such persons, etc.
