Among the major socio-economic and legal problems in Russia that require new thinking and practical solution there are definitely questions employment population and its provision. Unfortunately, there is still no legal definition of “ensuring employment” in the legislation, there are many doubts regarding the concept of “employment”, and in science there is still no consensus on the essence of these issues.
Contained in paragraph 1 of Article 1 of the Law of April 19, 1991 “On Employment in Russian Federation» Russian newspaper. 1996. May 6 (with subsequent amendments and additions) Further in the text - the law on employment. The definition of employment as the activity of citizens related to the satisfaction of personal and social needs, which does not contradict the legislation of the Russian Federation and, as a rule, brings them earnings, labor income, is still not entirely specific. In particular, it follows from it that we're talking about about legal types of employment, but (and most importantly) it is not clear which ones - labor, educational or other.
Moreover, in paragraph 8 of Article 2 of the said normative legal act, the legislator classifies as employed citizens who are able-bodied and undergoing a full-time course of study in general educational institutions, vocational education institutions and other relevant educational institutions. In other words, here we clearly mean educational employment, while other paragraphs of Article 2 list forms of employment, employment in military service, in internal affairs bodies, etc.
The above example once again demonstrates that the legislator, for some reason, did not clearly delimit the main types of employment. There are also other claims regarding the legal definition of employment and employed citizens. See, for example: V. Churakov. Starting conditions for the formation of the labor market in Russia // Man and Labor. 1993. No. 4. P.38..
Without stopping to analyze the existing scientific (primarily economic, since “employment” is an economic category) judgments on theoretical aspects employment in general and full employment in particular. The main ones are given in a condensed form, for example, in the textbook: Andreeva L.A., Medvedev O.M. Legal regulation ensuring employment in Russia / ed. total ed. O.M.Medvedeva. - M.: MGIU, 1997. pp. 11-16., we will try to immediately draw some conclusions.
Busyness is a natural, inherent state of any person, meaning “doing something,” “occupation,” etc.
In relations between citizens, the state and other entities, employment appears (manifests) in various forms or types. First of all, legal and illegal forms (types) of employment should be distinguished. Depending on the various criteria classifications they can be divided into independent various shapes(types), and those, in turn, into fractional forms and types.
Let us return again to Articles 1 and 2 of the Employment Law. In our opinion, Article 2 lists the types and forms of employment in socially useful activities, but not all of them, but only those whose coverage of citizens does not give them the right to receive unemployment benefits. In particular, there are no such important forms of employment as raising children, caring for the disabled, employment in household etc. In other words, Article 1 formulates the concept of employment in socially useful activities, which, together with the content of Article 2, only allows us to establish when citizens cannot be recognized as unemployed and cannot be assigned unemployment benefits.
We believe that conditionally all types of employment in socially useful activities, depending on a number of criteria, including the target orientation, can be classified into three main types: educational; in military service and service in internal affairs bodies; labor In this case, naturally, the content of Articles 1 and 2 of the Employment Law was also taken into account.
Labor employment is the employment of citizens in the sphere of public and personal labor in forms that do not contradict the law and both aimed at obtaining earnings (labor income) or other remuneration, and without such a goal.
From the above definition it is clear that it is necessary to distinguish, in turn, at least two types (subtypes) of employment (depending on its purpose). Each of them has its own forms. Thus, the main forms of the second type are: raising children, caring for a sick family member, charitable activities, housekeeping, etc.
Labor employment of the first type is the employment of people in the sphere of production or in economic terms. It is discussed further. It should be understood as meeting the needs of the working population in the sphere of social and personal labor in forms that do not contradict legislation and aimed at obtaining income (labor income) or other remuneration.
Forms of employment in economic terms are areas of labor application established by law (or, in any case, not contradicting it), showing where and how citizens exercise the right to work. For example, they are: hired work in organizations, regardless of their type, form of ownership and management; entrepreneurial activity; membership in production cooperatives (artels); employment in auxiliary industries with sales of products under contracts; maintaining a peasant (farm) economy and more.
The given definition of employment in the sphere of production or in economic terms is, in principle, at the same time the concept of full employment. We believe that the main difference between them is only in the degree to which the needs of the working population are satisfied in the sphere of social and personal labor, etc. If the need is fully satisfied, then there is full employment.
The term “employment provision” appears quite often in current legislation. It is also used in literature, but is almost never deciphered.
At first glance, one can come to the conclusion that ensuring employment comes down to guaranteeing the right to work. And the word “guarantee” itself means security, guarantee. To guarantee means to provide, to guarantee, to establish guarantees See: Skobelkin V.N. Legal guarantees of labor rights of workers and employees. - M.: Legal literature, 1969. P. 8..
Perhaps this circumstance allowed V.N. Tolkunova See: Commentary on the Labor Code of the Russian Federation / ed. K.N. Gusova. - M.: ITD-Grachev S.M., 1996. P. 101. define employment, primarily as a set of socio-economic, legal and organizational guarantees that contribute to the fight against unemployment, the realization by everyone of their right to work, and so on similar.
From an economic point of view, the employment structure consists of three elements: attracting labor resources; actual employment, or direct employment, that is, the use of labor; release of labor resources. These elements are presented simultaneously in employment and reflect the real processes of transition of labor resources from one state of employment to another. Attracting labor resources and releasing labor resources are continuous processes that occur simultaneously and without which it is impossible to understand employment itself. See: Chembrovsky V.V. Problems of employment in a socialist society. - Chisinau: Shtiintsa, 1973. P.13-17..
Moreover, the dominant role belongs to employment itself, or direct employment. It is precisely to achieve employment itself (the inclusion of the worker in the total labor force and connection with the means of production) that the other two elements are aimed - attracting and releasing labor resources.
That is why, in our opinion, if by ensuring employment we understand everything that is aimed at achieving it, then in relation to the given structure of employment, provision can include, first of all, attracting labor resources, as well as their release.
Now we will try to highlight the boundaries of ensuring employment in the reproduction process of the labor force. It is known to be characterized by the unity of its phases - production, exchange, distribution and use. At the same time, production and distribution from an economic point of view of the expanded reproduction of labor force together constitute the formation of the labor force. But from the standpoint of the mechanism of state-legal influence on the process of labor force formation, its content should include the third phase of reproduction (distribution) and partly the first (its third moment is only the production of qualified labor). We call this moment the preparation of the workforce. Thus, the process of labor force formation from the point of view of state and legal influence on it consists of two stages: preparation and distribution.
Employment is not a special or independent phase of the labor force reproduction process.
In the literature, it is generally accepted that employment relations cover all phases, and the effectiveness of the last of them, in which labor resources are used, depends on the purposeful activities of society at the previous stages of reproduction.
Although the parallel use of these concepts has certain grounds: employment cannot be carried out without the use of the working population in the labor process. At the same time, there are qualitative and quantitative differences. See, for example: Zlupko S.N. Theoretical and managerial aspects of employment in a developed socialist society. - Kyiv: Naukova Dumka, 1985. P.13-14..
Thus, from the perspective of the reproduction of labor power, employment provision covers the phases of production, exchange and distribution. They are aimed at achieving employment or using labor resources. And in totality, all phases of reproduction express employment.
Of course, classifying only two elements of the employment structure (attraction and release of labor resources) and several phases of labor force reproduction (formation and exchange) into the category of “employment provision” is very arbitrary and does not mean at all that employment security relations do not arise in employment itself and at the phase of labor use. Here, measures are also needed aimed at preserving, promoting and maintaining already achieved employment in the process of using labor resources.
That is why it seems more correct to consider employment provision simultaneously in two aspects: broad and narrow (proper) meanings. In the first meaning, ensuring employment should be understood as a set of economic, social, organizational, legal and other measures that contribute to achieving the satisfaction of the needs of the working population in the sphere of social and personal labor in forms that do not contradict legislation, aimed at obtaining earnings (labor income) or other remuneration, as well as preserving and maintaining employment already achieved. In other words, this concept concerns the provision of employment at all phases of the reproduction of the labor force and all components of the employment structure.
Providing employment in the second aspect, i.e. V proper meaning of this word is a set of economic, social, organizational, legal and other measures that contribute to achieving satisfaction of the needs of the working population in the sphere of social and personal labor in forms that do not contradict legislation, aimed at obtaining earnings (labor income) or other remuneration. It is this value that interests us in what follows.
For more full characteristics concept of “employment provision”, it is advisable to briefly dwell on its organizational and legal forms.
They should be understood as the organizational and legal techniques and means that enable citizens to be able to work (or be "covered" by a certain form employment) in the chosen field of activity according to vocation, abilities, education or other work for a period of temporary unemployment, as well as the necessary professional training for this.
The main organizational and legal forms include, for example, employment through the federal public employment service, transfer to another organization or to another locality, organized labor recruitment, agricultural relocation and other forms of distribution of labor resources or types of employment, vocational guidance, personnel training We consider the following main forms of personnel training to be forms of employment provision: personnel training in vocational education institutions, directly in production, through employment services, retraining, and advanced training. Moreover, each of them can be subdivided into more fractional forms depending on various classification criteria. and so on.
Thus, if the concept of “form of employment” means where and how a citizen exercises the right to work, then the concept of “form of employment” has a slightly different meaning - how he will do this (with the help of what additional mechanisms) or by what other means in established ways and funds aimed at providing assistance in making the right choice area of professional activity or form of employment will be used (meaning vocational guidance, personnel training, etc.).
As for part-time work, multi-shift work, work on reduced working hours, team organization of work and some other categories, which are often called forms (or types) of employment or employment See, for example: Human Resources Management / under general. ed. L.A. Kostina. - M.: Economics, 1987. P.28, 31., then it is more correct to talk about the forms of labor organization at the enterprise and its regime or about organizational forms of employment.
Employment of the population is an important socio-economic category associated with the implementation of the human right “to freely manage one’s ability to work, choose an activity and profession” (Constitution of the Russian Federation, Article 37, paragraph 1). The concept of “population employment,” although obvious at first glance, contains issues that require consideration.
The Federal Law of the Russian Federation “On Employment of the Population in the Russian Federation” interprets employment as “the activities of citizens related to the satisfaction of personal and public needs, which do not contradict the legislation of the country and, as a rule, bring them earnings, labor income” (Article 1, paragraph 1 ). However, it should be noted that such a concept contradicts the concept of “employed” given in the same law (Article 2), which includes not only different categories of workers, but also those who are temporarily absent from the workplace due to disability, vacation, retraining, advanced training, strike and other similar reasons. Consequently, employment is characterized not only by activity, but also by periods of temporary inactivity of people due to illness, vacation periods, etc. Moreover, you can be busy, but not work due to the fact that it’s over work time and it was time to rest. Terminology requires precision and rigor of formulation.
More precisely, from our point of view, the socio-economic category of employment of the population can be defined as the state of its economically active part, which is characterized by the presence of people with work, or legitimate, that is, not contradicting the current legislation, profitable occupation. In other words, employment is the provision of people with social necessary work that brings them earnings, labor income.
Another state of the economically active population in relation to the presence (absence) of work will be unemployment (it will be discussed in Chapter 7).
The state of employment is directly related to the concept of “employed,” which has an ambiguous interpretation in official Russian economic practice. Thus, the Federal Law “On Employment of the Population in the Russian Federation”, as amended on January 10, 2003, interprets the category of employed more broadly than is defined in the ILO recommendations, which are followed by the State Statistics Committee of Russia.
To understand the content of this concept and the features of the approach to calculating the size of the population category under consideration, let us turn to Table. 6.1.
A comparison of the category “employed” in both sources shows that the Federal Law, in contrast to the recommendations of the ILO and the methodology of the State Statistics Committee of Russia dated May 25, 1993, in addition to various groups of workers and those temporarily absent from the workplace (which essentially coincides in the noted documents), classifies as employed a large group of unemployed people participating in public works, as well as citizens studying full-time in various educational institutions.
As for public works, it is difficult to understand why one part of the unemployed participating in their implementation is classified as employed by the Federal Law “On Employment in the Russian Federation”, and the other – as unemployed. Why, for example, is an unemployed person who seeks to resume work after a break of more than a year and participates in public works classified as employed, and if such a desire appeared in an unemployed person during a break of less than a year (even for one day), will he be classified as unemployed? Here we can assume some opportunistic considerations, which are quite difficult to guess.
Regarding full-time students, the situation is more clear. In fact, full-time students are busy people, as the Federal Law considers them to be. But it should be understood that in the methodology of the State Statistics Committee of Russia we are talking about the employed as part of the economically active population, and full-time students cannot be classified in this category, since due to the specifics of their activity - full-time education– they must not be economically active, that is, not work in production or in the service sector in order to earn money.
Table 6.1
Features of determining the number of employees
| According to the ILO methodology (methodology of the State Statistics Committee of the Russian Federation dated May 25, 1993) | According to the Federal Law “On Employment of the Population in the Russian Federation”, taking into account amendments. and additional as of January 10, 2003 |
| 1) Employed people are: persons of both sexes aged 16 years and older, as well as persons younger ages, which during the period under review:
| 1) Employed people are citizens:
|
| 2) Passing general course training in general education institutions, institutions of primary vocational, secondary vocational and higher vocational education and other educational institutions, including training in the direction of the Federal State Employment Service | |
| 3) Temporarily absent from work due to illness or injury, caring for the sick; annual leave or weekends; compensatory leave or time off, compensation for overtime work or work on holidays (weekends); work according to a special schedule; being in reserve (when working in transport); statutory maternity leave and child care leave; training, retraining outside the workplace, study leave; leave without pay or with pay at the initiative of the administration; strikes; other similar reasons | 3) Temporarily absent from the workplace due to disability, vacation, retraining, advanced training, suspension of production caused by a strike, conscription for military training, involvement in activities related to preparation for military service (Alternative Civil Service), performance of other government duties or other valid reasons |
| Registered unemployed people performing paid public work received through the employment service, pupils and students performing paid agricultural work in the direction of educational institutions |
*From the number of citizens participating in public works. The Federal Law of January 10, 2003 classifies as employed: first-time job seekers; fired more than once during the year for wrongdoing; who have terminated their individual entrepreneurial activity; those seeking to resume work after a break of more than a year; expelled from training for guilty actions after being referred there by the employment service; those who refused to improve (restore) their qualifications in their existing profession (specialty) or undergo retraining after the end of the first (annual) period of payment of unemployment benefits; registered with the employment service for more than 18 months, as well as those who have not worked for more than three years; who applied to the employment service after the end of seasonal work.
This seemingly discrepancy is consistent when considering the types and forms of employment. The fact is that the practical needs of population accounting necessitate the allocation various types employment. Thus, they distinguish between productive, socially useful, full-time, rational, effective, hidden, etc. Within these types of employment, such forms as part-time, temporary, flexible employment, etc. are distinguished.
Productive employment is the employment of the population in social production. It is characterized by the number of employed people from among the economically active population, determined in accordance with the ILO employment accounting methodology and the methodology of the State Statistics Committee of Russia.
Socially useful employment is determined by the number of people not only employed in social production, military service, alternative civil service, service in internal affairs bodies, but also studying full-time (at working age), engaged in housekeeping, caring for children and sick relatives. This concept is close in its content to the concept of employment given in the Federal Law on Employment (with the exception of those employed in the household, caring for children and sick relatives, whom this law does not consider to be employed).
Full employment is an economic state of society when everyone who wants to have a paid job has one, there is no cyclical unemployment, but at the same time its natural level, determined by frictional and structural unemployment, is preserved. Full employment of the population should be distinguished from full employment of workers, which, in contrast to their partial or temporary employment, is characterized by the presence permanent job with normal working hours.
Rational employment - involves the optimal distribution of employees across industries, professional qualification structure, regions of the country in accordance with the availability of jobs and in order to produce products and services necessary for society. But rational employment does not yet speak about the results of the employee’s work.
Effective employment is a theoretical concept that implies the use of personnel without loss of working time, when the greatest economic result is achieved. In connection with such a concept, it is appropriate to raise the question of the degree of employment efficiency as the ratio of the available working time of the employed to their nominal working time.
Hidden employment is the employment of people outside the scope of registration of official bodies in unregistered economic structures that do not pay taxes. This type of employment includes the shadow economy or its informal sector - illegal production of goods, construction works, the sphere of personal services (apartment renovation, household appliances, private lessons, medical services, tailoring, etc.), trade from hand, etc.
Part-time employment is a form of employment characterized by a reduced weekly workload. The normal length of the working week, established by the Labor Code of the Russian Federation, is no more than 40 hours. A shorter weekly working time is established for workers under the age of 18, disabled people of group I or II, and for workers engaged in work with harmful and (or) dangerous working conditions. Reduced working hours are also established by federal laws for certain categories of workers (teaching, medical and others). In all other cases, the employee’s workload, which is reduced compared to the normal duration, gives grounds to classify him as part-time.
Temporary employment is a form of employment in which people are employed in production or in the service sector for a period strictly limited by an employment contract, which can be from one day to several years. Temporary workers are used to replace permanent workers for a certain period of time (during illness, maternity leave, vocational training, etc.), to perform one-time, random and non-prestigious work, to eliminate production disruptions, to eliminate accidents, to perform seasonal work, etc. Temporary employment can also be used for work that requires highly qualified personnel, for example, for one-time adjustment of complex equipment. The widespread use of temporary employment mitigates the unemployment situation.
Flexible employment is a form of employment with non-standard conditions of employment and work, such as:
- non-standard working hours, in which the duration of working hours is less than established by state regulations. These include: part-time work, reduced work week, seasonal work;
- non-standard organizational forms hiring workers in the form of short-term employment contracts for casual work, tripartite agreements between the employment service, the entrepreneur and the temporary worker;
- non-standard methods jobs and jobs that include home work - performing a production task at home, working from a home phone, working on your own vehicle, etc.;
- self-employment of citizens, which is carried out without them formalizing labor relations, at your own expense, by performing work independently or with the help of your family members, selling products, etc.
Sometimes flexible forms of employment include flexible working hours (flexible work shift, flexible working week and month, when the start and end times of work can be regulated by the employees themselves), which in our opinion is accurate. If the flexibility of the working time regime is carried out under the conditions of compliance with the standard total working time worked by each employee at a standard workplace, then such regimes have no relation to flexible employment. This will be a regular form of employment, but with a flexible work schedule.
In the statistics of foreign countries you can find the concept alternative views employment, which is understood as varieties of non-standard, voluntary, part-time employment of working people agreed with trade unions. These types of employment include: reduced working hours; workplace occupied by several employees; on-call work; work on weekends; home work and other flexible forms of employment.
Flexible forms of employment consist of adapting the duration of work and place of work to the capabilities and needs of certain categories of workers, such as women with young children, disabled people, pensioners, and students. Such forms of employment contribute to the growth of production efficiency and the satisfaction of the material interests of those categories of citizens who, for various reasons, cannot be employed in standard working conditions. However, flexible employment also has negative aspects due to the lack of collective forms social protection workers.
In the economic literature, the concept of excess employment is found, which is interpreted as a feature of the “Russian way” in the field of employment, manifested in the fact that adaptation to ongoing changes in the economy was carried out not so much through a reduction in the number of employees, but through flexibility in remuneration and its duration and intensity. The forms of such specific flexibility were low level wages, delays in its payment, high differentiation of earnings, widespread use of administrative leave, part-time work, development of secondary employment, etc. This was the price that the Russian economy paid for maintaining a relatively low level of open unemployment.
Employment is a special set of economic and legal relations related to ensuring effective employment of citizens, satisfying demand and supply for labor.
The subjects of relations are unemployed citizens, employers and the state.
These legal relations operate in the legal space of the Russian Federation and its constituent entities, but there may also be a specific territory of the enterprise where citizens are hired.
Due to population migration, the legal space may change. The main function of the state in the labor market is to ensure its legal and civilized form.
The Law of the Russian Federation “On Employment in the Russian Federation” provides legal definitions of the most important concepts in the field of employment.
Employment is understood as the activity of citizens related to the satisfaction of personal and social needs, which does not contradict the legislation of the Russian Federation and, as a rule, brings them earnings and labor income. Citizens have the exclusive right to control their abilities for productive, creative work. Forced labor in any form (physical, psychological, moral) is not allowed, unless otherwise provided by law. For example, the Criminal Code of the Russian Federation (Article 43) provides for compulsory labor and correctional labor as a measure of criminal punishment. Punishment itself is a measure of state coercion, imposed by a court verdict.
The lack of employment of citizens cannot serve as a basis for bringing them to administrative or other liability. The following citizens are among the employed:
1) those working under an employment contract, including those performing work for remuneration on a full-time or part-time basis, as well as those who have other paid work, including seasonal and temporary work;
2) engaged in entrepreneurial activities;
3) who provide themselves with work;
4) those employed in auxiliary industries and selling products under contracts;
5) those performing work under civil contracts (contracts), as well as members of production cooperatives (artels);
6) elected, appointed or approved for a paid position;
7) those undergoing military service, as well as service in internal affairs bodies;
8) undergoing full-time training in general education institutions, institutions of primary vocational, secondary vocational and higher vocational education and other educational institutions, including training in the direction of the federal state employment service;
9) temporarily absent from the workplace due to disability, vacation, retraining, advanced training, suspension of production caused by a strike or other reasons.
What rights do citizens have in the field of employment? First of all, this is the right to choose where to work. Citizens exercise this right by directly contacting their employer - an organization that has the rights legal entity, or to an individual engaged in business or in need of servicing personal consumer households. By mutual agreement of the parties it is concluded employment contract. Along with this, the right to choose a place of work can be exercised through free mediation of the employment service authorities or with the help of other organizations to assist in the employment of the population. Secondly, this is the right of freedom of contract. The content of the principle of freedom of employment contract is characterized by the cooperation of the parties in the process of applying labor. The employee and employer are free to find effective means increasing labor productivity, improving product quality, economical use of raw materials, energy, etc.
Further, citizens have the right to free consultation and free receipt information from the employment service for the purpose of choosing a field of activity, employment, and vocational training opportunities.
Citizens also have the right to free vocational guidance, vocational training, retraining and advanced training as directed by the employment service.
And finally, citizens have the right to professional activity outside the Russian Federation (Article 10 of the Law of the Russian Federation “On Employment of the Population in the Russian Federation”).
The legal status of citizens in the labor market and in the field of employment is guaranteed as established in Art. 11 of the same Law, the right of citizens to appeal decisions, actions or inactions of employment service bodies and their officials. This right is exercised by applying to a higher authority of the employment service, as well as to the court in the manner established by the legislation of the Russian Federation.
Employment of the population is an important socio-economic category associated with the implementation of the human right “to freely manage one’s ability to work, choose an activity and profession” (Constitution of the Russian Federation, Article 37, paragraph 1).
Employment is the provision of people with socially necessary work that brings them earnings, labor income.
The following citizens are considered employed (Article 2 of the Employment Law):
● those working under an employment contract and having other paid work (service), including temporary, seasonal work;
● self-sufficient workers, including self-employment (excluding farmers, writers, etc.), entrepreneurs, as well as members of production cooperatives;
● elected, confirmed or appointed to a paid position;
● military personnel of any branch of the military serving in internal affairs bodies;
● able-bodied students of any full-time educational institutions, including training in the direction of the employment service;
● temporarily absent from work (vacation, illness, retraining, etc.);
● performing work under civil contracts (contracts).
The following types of employment are distinguished.
Productive employment is employment for the population in social production. It is characterized by the number of employed people from among the economically active population, determined in accordance with the ILO employment accounting methodology and the methodology of the State Statistics Committee of Russia.
Socially useful employment is determined by the number of people not only employed in social production, military service, alternative civil service, service in internal affairs bodies, but also studying full-time (at working age), engaged in housekeeping, caring for children and sick relatives. This concept is close in its content to the concept of employment given in the Federal Law on Employment (with the exception of those employed in the household, caring for children, and sick relatives, whom this law does not consider to be employed).
Full employment is an economic state of society when everyone who wants to have a paid job has one, there is no cyclical unemployment, but at the same time its natural level, determined by frictional and structural unemployment, is preserved. Full employment of the population should be distinguished from full employment of workers, which, in contrast to their partial or temporary employment, is characterized by the presence of permanent work with normal working hours.
Rational employment is determined by the ratio of the amount of productive employment to the amount of socially useful employment. The level of rational employment is a hypothetical value that requires scientific justification and has, as can be assumed, for each stage economic development country a certain optimal value, above and below which the degree of rationality decreases.
Effective employment is a theoretical concept that implies the use of personnel without loss of working time, when the greatest economic result is achieved. In connection with such a concept, it is appropriate to raise the question of the degree of employment efficiency as the ratio of the available working time of the employed to their nominal working time. If rational employment needs to be optimized, then effective employment needs to be maximized.
Hidden employment is the employment of people who are not accounted for by official bodies in unregistered business structures that do not pay taxes. This type of employment includes the shadow economy or its informal sector - illegal production of goods, construction work, personal services (repair of apartments, household appliances, private lessons, medical services, tailoring, etc.), trade from hand, etc.
Part-time employment is a form of employment characterized by a reduced weekly workload. The normal length of the working week, established by the Labor Code of the Russian Federation, is no more than 40 hours. A shorter weekly working time is established for workers under the age of 18, disabled people of group I or II, and for workers engaged in work with harmful and (or) dangerous working conditions. Reduced working hours are also established by federal laws for certain categories of workers (teaching, medical and others). In all other cases, a worker’s reduced workload compared to the normal duration gives grounds to classify him as part-time.
Temporary employment is a form of employment in which people are employed in production or in the service sector for a period strictly limited by an employment contract, which can be from one day to several years. Temporary workers are used to replace permanent workers for a certain period of time (during illness, maternity leave, vocational training, etc.), to perform one-time, casual and non-prestigious work, to eliminate work, production failures, to eliminate accidents, to perform seasonal work. works, etc. Temporary employment can also be used for work that requires highly qualified personnel. The widespread use of temporary employment mitigates the unemployment situation.
Flexible employment is a form of employment with non-standard conditions of employment and work, such as:
● non-standard working hours, in which the duration of working hours is less than established by state regulations. These include part-time work, shortened work weeks, seasonal work;
● non-standard organizational forms of hiring workers in the form of short-term employment contracts for casual work, tripartite agreements between the employment service, the entrepreneur and temporary workers;
● non-standard ways of working and jobs, which include home work - performing a production task at home, working from a home phone, working on your own vehicle, etc.;
● self-employment of citizens, which is carried out without them formalizing a formal relationship, at their own expense, by performing work independently or with the help of their family members, selling products, etc.
Flexible forms of employment consist of adapting the duration of work and place of work to the capabilities and needs of certain categories of workers, such as women with young children, disabled people, pensioners, and students.
In the statistics of foreign countries, you can find the concept of alternative types of employment, which is understood as varieties of non-standard, voluntary, part-time employment of working people agreed with trade unions. These types of employment include: reduced working hours; a workplace occupied by several employees; on-call work; work on weekends; home work and other flexible forms of employment.
In the economic literature, the concept of excess employment is found, which is interpreted as a feature of the “Russian path” in the field of employment. The changes that took place in the economy were carried out not so much through a reduction in the number of employees, but through flexibility in remuneration, its duration and intensity. Forms so specific
4.4.UNEMPLOYMENT: CONCEPT, TYPES OF SOCIO-ECONOMIC CONSEQUENCES, MEASURES TO REDUCE IT.
Unemployment is a socio-economic phenomenon that appeared along with the advent of wage labor. It is characterized, on the one hand, by the desire of people to work for hire in order to generate income, and on the other hand, by the absence of such work. By analogy with the concept of employment, unemployment can be defined as the state of the economically active part of the population, which is characterized by people’s lack of hired work or legitimate income-generating occupation if they have a desire to have such work.
The Law of the Russian Federation “On Employment of the Population in the Russian Federation” provides the following detailed definition of the conditions for recognizing citizens as unemployed.
"Article 3. Procedure and conditions for recognizing citizens as unemployed
1. Unemployed are considered able-bodied citizens who do not have a job or income and are registered with the employment service for the purpose of searching suitable job, are looking for a job and are ready to start it.
2. The decision to recognize a citizen registered for the purpose of searching for a suitable job as unemployed is made by the employment service authorities at the citizen’s place of residence no later than 11 days from the date of presentation of the passport to the employment service authorities, work book or documents, them
replacement documents certifying it professional qualifications, certificates of average earnings for the last three months at the last place of work, and for first-time job seekers (who have not previously worked) who do not have a profession (specialty) - a passport and education document.
3.Citizens cannot be recognized as unemployed:
under 16 years of age;
who, in accordance with the legislation of the Russian Federation, have been assigned an old-age labor pension (part of an old-age labor pension), including early, or an old-age or long-service pension under state pension provision;
who, within 10 days from the date of their registration with the employment service, refused two options for suitable work, including work of a temporary nature, and those seeking work for the first time (have not previously worked) and at the same time do not have a profession (specialty) - in the case of two refusals to obtain a professional training or from offered paid work, including work of a temporary nature. A citizen cannot be offered the same job (vocational training, retraining and advanced training in the same profession, specialty) twice;
who did not appear without good reason within 10 days from the date of their registration in order to find a suitable job to the employment service authorities to offer them a suitable job, and also who did not appear within the period established by the employment service authorities to register them as unemployed;
sentenced by a court decision to correctional labor without imprisonment, as well as to punishment in the form of imprisonment;
The duration of unemployment is the period of job search (week, month, year) during which the unemployed person is looking for work using a variety of ways (acquaintances, family connections, advertisements, private, public and government employment agencies, etc.), from the moment searching for a job before getting a job.
The number of citizens who contacted the state employment service regarding employment issues includes:
A large number of people who lost their jobs for various reasons and turned to employment services during this period for assistance in finding employment;
A significant number of persons supplied potential market labor
for economic reasons and who have passed the stage of initial vocational training, as well as students who need to earn money in their free time from study;
A significant number of people employed at work, but wishing to change it
for a more acceptable job or those wishing to have a second job in combination with the first, i.e. have secondary employment, etc.
The number of employed citizens is the total number of people who received work during a given period with the assistance of the state employment service (counted separately from those who found employment without going through the state employment service).
The demand for workers declared by enterprises and organizations is the number of vacancies reported by enterprises and organizations to the state employment service, which, as a rule, is less than the real number of vacancies.
Types of unemployment.
There are several types of unemployment: frictional, structural, cyclical, hidden, stagnant, normal (natural level of unemployment), optimal, institutional, chronic, etc.
One of the reasons for unemployment may be a person’s voluntary leaving a place of work in order to find more suitable option labor activity. When the search is delayed, a person finds himself unemployed. A person may also become unemployed for the first time job seeker or looking for a new job after ending a temporary job.
Unemployment, which was a consequence of the reasons mentioned above, is called frictional; it could be called situational, because it is caused by a situation that forces people to look for another job.
Frictional unemployment is considered inevitable and even in some cases desirable, since the initiative to quit comes from the person himself. As a result of such unemployment, many people find more worthy employment for themselves, solve problems of increasing the level of wages and its content, and greater productivity.
Frictional unemployment can be called normal. This is mainly unemployment and dissatisfaction with the content and working conditions. It is usually short-term - no more than one or two months.
Structural unemployment means that supply and demand for the same types of labor in various companies, industries and regions do not match. It is caused by a change, on the one hand, in consumer demand for goods, and on the other, by a change in the structure of production, which responds to changes in consumer demand.
Structural unemployment is mostly the unemployment of obsolete professions.
The current pace of economic development is associated with the scientific and technological revolution, which is continuously changing the sectoral structure of the economy. New technologies are emerging in all industries, and their share is changing. The number of people employed in agriculture, industry, and their number is growing in the service sector, in high-tech industries, etc. Therefore, structural unemployment exists continuously in a modern market economy, its importance within the labor market is increasing and therefore requires the expansion of the system of retraining of workers. There is an urgent need for continuous professional development and retraining of personnel at enterprises.
Cyclical unemployment is a type of unemployment that is constantly changing in scale, duration and composition, associated with the business cycle. Its scale and duration reach a peak during a recession (crisis) in the economy and a minimum during a recovery. It brings the most destructive consequences, caused by uneven economic development, a sharp reduction in production due to cyclical economic downturns and crises. In such conditions, many enterprises wind down or cease operations, ending up bankrupt. With cyclical unemployment, the costs of society to overcome it negative consequences very significant.
Cyclical unemployment can be described as unemployment of insufficient demand for labor, causing chaos in the economy.
According to the nature of its manifestation, unemployment is distinguished between open and hidden.
Open b. does not require special comments, it does not hide, does not disguise itself, people publicly declare their desire to work and are actively searching for it.
Hidden unemployment characterizes the condition of people who are employed but:
a) are dissatisfied with the job and are looking for another place of work or extra work;
b) have a high probability of losing their job due to claims from the employer who is dissatisfied with its quality or other circumstances, and therefore are looking for another job;
c) are employed part-time or have been placed on administrative leave without appropriate pay, are looking for and are ready to move to another job.
The level of hidden unemployment is determined by special surveys, as well as expert assessment heads of large enterprises, government bodies, employment service specialists, scientists.
By duration, unemployment is divided into short-term, moderate, long-term and stagnant.
Short-term unemployment lasting one to two months is typical for its frictional variety.
Moderate lasts up to 12 months.
Long-term unemployment includes the most stable stratum of the unemployed. These are beggars, degenerates, tramps who have lost all hope of work (homeless people), etc. Sometimes, those employed at home are classified as stagnant unemployment on the grounds that this hired labor is seasonal in nature and the workers themselves, for health reasons or family reasons, cannot work at the company’s workplaces. However, it is hardly legitimate to classify this part of hired labor as any type of unemployment.
Long-term unemployment got its name due to the long-term existence of a worker as unemployed for 12-18 months, when the time factor has a negative impact on professional performance and skill level, the ability to work intensively throughout the working day. Prolonged inaction leads to the employee’s loss of self-confidence, degradation as a person, complexion and embitterment. This is associated with certain difficulties in returning the employee to normal work activities, requiring assistance from specialists - sociologists and psychologists, as well as the attention of the state employment service in providing him with employment opportunities.
Female unemployment is a type of unemployment associated with the characteristics of the female labor force and the position of women in the labor market, because:
Women play a special role in population reproduction, birth
and raising children, in the household. This is the main reason
the fact that women in working professions tend to have lower
compared to men, level of qualifications;
The unemployment rate for women is higher because women
due to the specific nature of their abilities for hired labor, they cannot compete
with men, to whom employers impose more stringent requirements, and this leads to the dismissal of women first. Therefore on
in the labor market, women are subject to social discrimination despite
Clause 2 of Article 6 of the Constitution of the Russian Federation, Article 3 of the Labor Code of the Russian Federation, UN Convention
“On the Elimination of All Forms of Discrimination against Women” and a number of ILO conventions.
Institutional unemployment is caused by excessive social benefits unemployment benefits, various types of assistance that reduce work motivation and cultivate a dependent mentality, reducing the supply of labor in the labor market and contributing to an increase in the unemployment rate. How larger sizes unemployment benefits, the longer it takes to find a job that pays more than the benefit. This type of unemployment can be caused by a high guaranteed minimum wage, imperfection of the taxation system, if it, by reducing labor income, makes it comparable to social welfare payments. Naturally, this limits the supply of hired labor in the labor market, since some do not see the point in working, and unemployment periods are lengthened.
Full employment in a market economy is achieved at the natural rate of unemployment. This is the essence of the market understanding of employment, which was formulated by J.M. Keynes.
In Keynesian works, full employment is understood as its state at the so-called normal, natural level of unemployment, and by no means its complete elimination. This is a scale of unemployment (approximately 3-6% of the total number of employed) that is sufficient to put pressure on workers' wages, but which, at the same time, does not pose a serious threat to the existence of capitalism.
The natural rate of unemployment is the share of unemployed people that corresponds to the appropriate level of full employment in the economy.
Socio-economic consequences of unemployment and measures to reduce it
Frictional and structural unemployment are natural and do not require the adoption of any significant measures to prevent them, with the exception of the need to organize retraining of personnel in accordance with the requirements of the labor market.
Cyclical unemployment, accompanied by long-term and stagnant forms, is the most destructive for society, it causes significant economic, moral and social damage to the population and requires active government measures to overcome it, prevent stagnant unemployment or reduce its level.
One of the negative consequences of unemployment is unproduced products due to the non-working state of able-bodied citizens who have a desire to work, and, as a consequence, a decrease in the rate of economic growth, a lag in the production volume of the gross national product (GNP). American economist Arthur Okun substantiated and quantitatively expressed the relationship between the unemployment rate and the volume of GNP, according to which an excess of the unemployment rate above its normal natural level by 1% leads to a lag in the production of GNP volume from its potential level by 2.5% (Oken's law).
Prolonged and stagnant unemployment has Negative influence on public values and the vital interests of citizens, the physical and moral health of society is undermined: qualifications and practical skills are lost, psychological depression occurs, social tension, cruelty and crime are growing in society, family breakdown is increasing, the number of nervous, mental and cardiovascular diseases is growing, The number of cases of suicide and other negative phenomena is increasing.
Mass long-term Unemployment has a strong impact on the socio-political situation in countries when, in the wake of general discontent, extremist groups and parties intensify their activities, chauvinism grows, and coups d'etat take place. Therefore, timely and effective measures to prevent or reduce the negative consequences of mass long-term unemployment should be a priority in the socio-economic policy of the state.
It is possible to measure all the costs that employees bear wage-earners, employers and the state for the maintenance of the army of the unemployed and their families, the maintenance of employment agencies and other institutions social support unemployed - these are considerable funds that are spent in addition to losses from what is not produced by the unemployed themselves, and also relate to the damage that society suffers from unemployment.
Social guarantees for unemployment in countries with developed market economy established by law. This:
Unemployment benefits;
Unemployment assistance (cash assistance for those without work);
Unemployment figures:
The study of unemployment is based on a system of indicators obtained on the basis of official (monthly, quarterly, semi-annual, annual) statistical materials of the State Statistics Committee. Based on special sample surveys of households on employment issues, which have been conducted since 1992, as well as on the basis of statistical bulletins and other materials.
Among the unemployment indicators, the most common are the following:
The level of officially registered unemployment as the ratio of the number of registered unemployed to the number of unemployed people based on statistical data calculated for a certain territory in average monthly, average annual terms or as of specific date.
UZB year = ZB year /EAN year *100%
where: UZB year is the level of unemployment registered in a certain territory on an average annual basis, %
ZB year – average annual number of registered unemployed, people
EAN year – average annual number of economically active population, people.
The level of general unemployment as the ratio of the total number of unemployed, calculated in a certain territory through sample surveys as of a certain date to the number of economic workers on this date:
UOBod =Rim / EANod * 100%
where: UOBod is the level of general unemployment in a certain territory as of a certain date, %
Rim – the total number of unemployed, calculated in the territory through sample surveys as of a certain date, people;
Specific gravity registered unemployment in the total number of unemployed as the ratio of the number of unemployed registered on a certain date to the total number of unemployed, calculated in the territory through sample surveys as of a certain date:
BAUD = BAUD / RIM * 100%
The coefficient of tension in the labor market as the ratio of the number of unemployed citizens registered with the employment service to the number of vacancies reported to the employment service, calculated in a certain territory in average monthly, average annual terms or as of a certain date.
NRTod = ZBaud / ZVod.
Related information.
A) international agreements;
C) Labor Code of the Russian Federation
11. A collective agreement can be concluded:
A) for five years;
B) for no more than three years;
B) for an indefinite period (with the consent of the local labor authority).
12. The legal definition of employment is contained in:
A) Law Russian Federation “On employment in the Russian Federation”;
B) Labor Code of the Russian Federation;
B) Decree of the Government of the Russian Federation “On approval of the procedure for registering unemployed citizens.”
B) information about transfers;
C) information about awards and incentives.
18. Normal working hours are:
A) 42 hours with the consent of the trade union;
B) no more than 40 hours;
B) 41 hours with the consent of the local labor authority.
19. Overtime must not exceed for each employee:
A) 5 hours for two consecutive days and 100 hours per year;
B) 3 hours for two days in a row and 110 hours per year;
B) 4 hours for two days in a row and 120 hours per year.
20. The employer is obliged to establish a part-time working schedule:
A) an employee studying at an evening university;
B) a single mother with a child aged 15 years;
C) one of the parents with a child under 14 years of age.
A) three years in a row;
B) two years in a row;
B) four years in a row.
22. The amount of all deductions for each payment of wages according to the general rule:
A) cannot exceed 20%;
B) cannot exceed 30%;
C) cannot exceed 40%;
23. Disciplinary action cannot be applied:
A) later than one month from the date of discovery and six months from the date of commission;
B) later than two months from the date of discovery and six months from the date of commission;
C) later than a month from the date of discovery and five months from the date of commission.
24. The Labor Code of the Russian Federation may establish for the head of an organization working under an employment contract:
B) full financial responsibility;
C) additional financial liability.
25. The employer has the right to remove an employee from work for:
A) late for work by 15 minutes;
B) incorrect attitude towards work colleagues;
IN) if you have not passed the medical examination.
Option 3.
1. The Labor Code of the Russian Federation applies to legal relations that arise:
A) before its introduction;
B) after its implementation
A) specifies the norms labor law;
B) acts as the main regulator of labor relations;
B) is the main principle of labor law.
A) employment agreement;
B) agreement on social and labor issues;
IN) court decision on an individual labor dispute.
4. Which of the listed normative legal acts comes first in legal force:
A) Decree of the Government of the Russian Federation “On approval of the procedure for registering unemployed citizens”;
B) Decree of the President of the Russian Federation “On liability for violation of labor rights of citizens”;
5. The subjects of labor law are:
B) only legal entities
6. The minimum age of an employee when concluding an employment contract, established in the Labor Code:
B) not installed.
7. Social partnerships include:
A) employment relations;
B) relations for supervision and control of compliance with labor laws;
B) relations to conclude an agreement.
8. Social partnership is carried out in the form of:
A) joint work in the commission on labor disputes;
B) organizing and conducting a strike;
C) collective negotiations for the preparation of draft collective agreements, agreements and their conclusion.
9. The parties to the collective agreement are:
A) the collective of workers (its representatives) and the employer (its representatives);
B) labor collective, employer and local authorities;
C) labor collective, employer and state representative.
10. The collective agreement comes into force:
A) from the date of its state registration with labor authorities;
B) from the date of signing by the parties;
C) from the date of the labor collective conference.
11. The following are considered employed:
13. If neither party requested termination of the employment contract after its expiration, and the employee continues to work:
A) the employment contract is considered continued for the same period under the same conditions;
B) the urgency condition becomes invalid;
C) it is required to re-sign a new fixed-term employment contract with new conditions.
14. An employer has the right to refuse to conclude an employment contract for an employee invited by way of transfer from another employer:
A) only when reducing the number or staff in the organization;
B) if the former employee, in whose place a new one was invited, withdrew his application;
IN) It is prohibited to refuse to conclude an employment contract to employees invited in writing to work by way of transfer from another employer within one month from the date of dismissal from their previous place of work.
15. If the test result is unsatisfactory, the employer has the right to terminate the employment contract during the probationary period, warning the employee:
A) in writing no later than three days in advance, indicating the reasons negative assessment;
B) no later than three days in advance orally;
C) no later than three days in writing, indicating the reasons for the negative assessment, but with the consent of the trade union and with the payment of severance pay.
16. Transfer of an employee is:
A) change in labor function;
B) change in job function or change in the essential terms of the employment contract;
B) moving to another department.
17. For an employee under 16 years of age, the reduced working hours are:
A) no more than 24 hours a week;
B) no more than 36 hours per week;
C) no more than 32 hours per week;
18. Working two shifts in a row:
A) is permitted with the consent of the employee;
B) permitted with the consent of the trade union;
B) is prohibited.
19. Work on weekends:
A) prohibited;
B) permitted if permitted by internal labor regulations;
C) is allowed in certain cases with the written consent of the employee and by written order of the employer.
20. An employee can be recalled from vacation:
A) by decision of the employer;
B) by agreement with the employee;
C) according to internal labor regulations.
21. In the event of a dispute regarding the amount of wages upon dismissal, the employer:
A) does not pay wages until the dispute is resolved;
B) is obliged to pay the full amount required by the employee;
C) on the day of dismissal of the employee must pay the undisputed amount.
22. Disciplinary action applies:
A) two years;
B) one year;
C) the validity period is not established.
23. The employee compensates for damage to the employer:
A) in full, including lost profits;
B) only direct actual damage, lost income is not taken into account;
C) by agreement between the parties, including part of lost profits.
24. Within what time period must an employee apply to the CTS if he is involved in financial liability and do not agree with the employer's decision
A) 1 month;
B) 3 months;
B) 6 months.
25. Determine the procedure for resolving a collective labor dispute
A) conciliation commission - labor arbitration - with the participation of a mediator;
B) a conciliation commission - with the participation of a mediator - and (or) labor arbitration.
C) labor arbitration - with the participation of a mediator - a conciliation commission;
Option 4.
1. The Labor Code of the Russian Federation was put into effect:
2. The principle of equal rights and opportunities for workers is:
A) a general legal principle;
B) intersectoral principle;
B) industry principle.
3. The source of labor law is:
A) legal custom;
B) collective agreement;
B) an employment contract.
A) employment relationships with a specific employer;
B) property liability relations ;
C) relations regarding the registration of an employer - an individual entrepreneur.
5. A citizen of the Russian Federation has the right to enter into an employment contract according to the general rule:
A) from 16 years of age;
B) from 17 years old;
B) from 18 years old
6. The employer, in accordance with labor legislation, is obliged to:
25. Within what period must an employee appeal the decision of the CCC if he does not agree with it?
A) 1 month;
B) 10 days;
B) 3 months.
KEY: The correct answer is in italics.
OPD.06. Organization theory
Task: choose the correct answer from the suggested ones
1. The system is:
1) A set of interrelated and interdependent parts, arranged in such an order that allows the whole to be reproduced.
2) A set of elements in random order.
3) Independent parts of some formation.
4) Some education with predominant external connections.
2. Closed organizational system:
1) Depends on external influences.
2) Ignores the effect of external influence.
3) Depends on the raw materials resources of the region.
4) Depends on competitors.
3) Consumer cooperatives, religious societies, associations.
4) Individual entrepreneurs, funds, institutions.
4. The founder of the theory scientific management is
1) L. Urvik
2) G. Fayol.
3) M. Weber.
4) F. Taylor.
5. Which scientist's research formed the basis for the theory of effective organization?
2) Likert.
4) Taylor.
6. According to Douglas North, the theory of institutions and institutional relations includes:
1) A set of rules, compliance procedures, moral and ethical behavior individuals in the interests of maximizing wealth.
2) Product production technology.
3) Organizational structure enterprises.
4) Scientific research.
7. According to the theory of G. Fayol, the principles of the final result include:
1) Power and responsibility, staff remuneration.
2) Corporate spirit, unity of purpose and leadership, the relationship between centralization and decentralization.
c) behavioral;
d) genetically determined.
24. The socio-psychological phenomenon of inconsistency or significant discrepancy between a person’s actual actions and his declared attitudes, values, and intentions was called:
a) Lapierre's paradox;
b) Hawthorne effect;
c) Rosenthal effect;
d) Ribot's law.
25. The phrase “He refused to help me because he was selfish” appears to involve an attribution bias. Which one exactly?
a) fundamental attribution error (conformity bias);
b) egocentric bias (illusion of personal control);
c) self-aggrandizing bias (self-serving distortion of attribution);
d) the phenomenon of the actor/observer.
KEY option 1:
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