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Publication date: 20.05.2024
active and purposeful military lawyer with more than 4 years of experience
Actual issues of accounting of IDPs in the employment center during martial law
The issues of registration at the employment center do not lose their relevance, especially during the period of martial law, when people often lose their jobs and means of livelihood under the influence of circumstances. This especially applies to persons who were forced to change their place of residence and acquire the status of an internally displaced person (hereinafter referred to as an IDP). Unfortunately, quite often such persons do not have the opportunity to take all the documents with them. Or, in the process of moving, they get lost, and then the question may arise, how to act in their situation, will they be able to register as unemployed and receive assistance? Are there any additional measures aimed at helping or simplifying the employment procedure for such displaced persons?
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The most problematic situations that IDPs may face
A person has the status of an IDP, has left the war zone and does not have all the documents in hand, for example, there is no work book, can I be registered at the employment center?
As a general rule, when a person applies for unemployment status, they need to submit a whole package of documents. These issues are regulated 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" (hereinafter - the Resolution).
IDPs who do not have all the documents that must be submitted under the normal registration procedure in accordance with paragraphs 18-20 of the Resolution, receive the status of unemployed without the requirements applied under the normal procedure.This means that in the absence of certain documents, the employment center receives information about the periods of insurance experience, employment, wages (income, financial support) in the relevant registers:
• State register of natural tax payers;
• The unified state register of legal entities, individual entrepreneurs and public organizations;
• Registers of policyholders and registers of insured persons of the State Register of mandatory state social insurance;
• Unified information system of the Ministry of Internal Affairs;
• Unified information database on internally displaced persons;
• The unified state electronic database on education issues;
• tax reporting for the last reporting period or for the IV quarter of 2021, or annual reporting for 2021.
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? Yes, unemployment benefits are granted from the first day after the date of granting unemployment status. The duration of the payment of unemployment benefits cannot exceed 90 calendar days.
Until the receipt of documents and information about periods of work, wages (income), insurance experience, unemployment benefits for such persons are assigned in the minimum amount of UAH 2,500 (in accordance with the resolution of the Fund of Mandatory State Social Insurance of Ukraine in case of unemployment of September 14 No. 60 of 2023 "On the minimum amount of unemployment benefits")
What should a person do if the employment center refuses registration?
The decision to grant the status of registered unemployed or to refuse to grant such status is made by the employment center on the day of the application in person by the job seeker. A person familiarizes himself with such a decision during a visit to the employment center, which he signs in the corresponding appendix to the personal card.
If a person applied for unemployment status online, the employment center informs the person about the decision made by sending a message through the Diya Portal, and if technically possible, through the official website of the State Employment Center within two calendar days.
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 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 can be filed within the term of appeal to the administrative court. In order to appeal 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.
EXAMPLE
The decision of the Donetsk District Administrative Court dated February 28, 2023 in case No. 200/5254/22 states: "the defendant did not investigate the issue of the presence of grounds for granting the plaintiff the status of unemployed, as well as the failure to make a corresponding decision on refusal, the court comes to the conclusion that the defendant did not take the appropriate actions defined by the current legislation, and therefore unlawful inaction was allowed when considering the plaintiff's application."
Therefore, if you believe that the refusal to grant unemployment status was unjustified or your rights were violated in another way when you applied to the employment center, you have the right to apply to the court to restore the violated rights.
Do IDPs have the right to additional social services at the employment center or measures to promote the employment of the population?
In accordance with the Resolution, IDPs have the right to priority creation of a resume, posting it on the official website of the State Employment Center, career guidance, informational and consulting services, and job search services for the purpose of employment during martial law.
In addition, measures to promote the employment of IDPs are provided for in Article 24-1 of the Law of Ukraine dated July 5, 2012 No. 5067-VI "On Employment of the Population".There are several types of such measures that are applied to IDPs who are employed on the referral of the employment center:
• 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;
• compensation of the employer's expenses for wages for employment under the terms of fixed-term employment contracts of the registered unemployed;
• compensation for 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.
The detailed conditions and procedure for each type of IDP employment promotion measures are provided for by the Resolution of the Cabinet of Ministers of Ukraine of September 8, 2015 No. 696 "On Approval of the Procedure for Implementation of Employment Promotion Measures, Refund of Funds Aimed at Financing Such Measures, in Case of Violation of Employment Guarantees for Internally Displaced Persons ".
For example, in the case of employment of a registered unemployed person from among IDPs to an employer located outside the place of registration of the unemployed person in the employment center and other than the place of registration of his residence or stay, such a person will be compensated once for the actual transportation costs for moving to another administrative-territorial unit of the place of employment .Such compensation is paid after employment of a person on the referral of the employment center in a one-time amount in the amount of the cost of travel by railway (except for compartment cars and soft cars with a two-seater compartment), sea, river and road transport (except for taxis). To receive it, the employed person submits the relevant documents (certified copy of the employment contract, original travel documents documents) and an application addressed to the head of the employment center where it was registered. You can contact the most convenient for visiting the employment center, which in turn, within three working days, ensures that the received documents are sent to the address of the employment center where the employed person was registered as unemployed, in order to make a decision on the payment of compensation.
The decision on compensation for transportation costs is made by the employment center where the employed person was registered as unemployed within a period not exceeding five working days from the date of receipt of documents confirming the actual costs of moving.
Importantly! It is about sending a registered unemployed person to another administrative-territorial unit for employment only with his consent. Also, the condition is the absence of suitable work and available types of training in the administrative-territorial unit where such a person is registered as unemployed.
Conclusions
Therefore, 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 that apply 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 registered unemployed persons 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.
