The new law on employment should come into force on January 1, 2024
The State Duma adopted in the first reading a draft of a new law on employment, which should come into force on January 1, 2024. It proposes to determine the amount of unemployment benefits in a new way: equate the maximum to the minimum wage, and the minimum to 30% of the minimum wage. True, the government is against this approach and insists on retaining the right to set the amount of payments for each year. This issue will be further discussed when preparing the document for the second reading.
The bill was introduced by a group of deputies and senators led by speakers of both houses of parliament: it should replace the current employment law, which was adopted «in a different era, in 1991, when it was actually only about helping the chronically unemployed,» one of the authors, Andrey Isaev («ER»). According to him, the time has come to “modernize” this part of the labor legislation, now the focus is “shifting to assisting those who are actively looking for work.” Another indication of modernity is the mention of such new forms of employment as platform employment and self-employment: separate initiatives are being prepared on these issues. Mikhail Delyagin (“SR”) during the discussion recalled the strike of the owners of the Wildberries online marketplace and asked if the new employment law could protect people who work on large platforms from “slave working conditions”. Mr. Isaev saw this story as yet another proof of the importance of legitimizing platform employment.
Those who have lost their jobs, the document says, will be able to apply to the employment service at the place of residence, and not at the place of residence, as it is now, and each unemployed person is promised an individual plan for solving the problem. But one of the main innovations, of course, is a change in the way the amount of unemployment benefits is determined.
Recall: according to the current rules, the amount of maximum and minimum payments is determined by the government. In 2023, the maximum allowance is 12,792 rubles, while graduates of schools, universities, individual entrepreneurs and the self-employed have the right to count only on the minimum allowance, which is equal to 1,500 rubles per month. 12,792 rubles per month is less than the minimum wage, which for 2023 is 16,242 rubles per month, and less than the subsistence minimum for an able-bodied Russian (15,669 rubles per month). The authors of the draft new law on employment proposed a kind of revolution: to prescribe that the maximum benefit should be equal to the minimum wage, and the minimum — 30% of the minimum wage. Moreover, it is proposed to give the right to the maximum allowance to individual entrepreneurs and the self-employed, who so far can only count on the minimum allowance.
But the revolution may not take place. Mr. Isaev said that work on the draft law was carried out in cooperation with the Russian tripartite commission for the regulation of social and labor relations. Representatives of the parties in this commission (from the government — the head of the Ministry of Labor Anton Kotyakov, from the employers — the head of the RSPP Alexander Shokhin, from the trade unions — the head of the FNPR Mikhail Shmakov) were invited to the plenary session. “Yes, there are contradictions and issues that need to be resolved,” the speaker admitted. The main directions for finalizing the bill are listed in the resolution on its adoption. In particular, it is recommended to “additionally work out … the procedure and conditions for the appointment and payment of unemployment benefits, including the determination of the maximum and minimum amounts of unemployment benefits.” Speaking on behalf of the Committee on Labor and Social Policy, Mikhail Tarasenko (ER) explained: the government believes that the maximum and minimum unemployment benefits should not be established by law, but by a subject determined by parliament with the appropriate powers, and in this position “the government’s hint the government itself is more than transparent.” By the way, for some reason, the government did not send an official response to the draft new employment law at all, although Mr. Kotyakov assured that his concept was supported …
Yana Lantratova (“SR”) drew attention to the proposed measures to combat shadow employment: one of them is the creation of a “black” register of employers, which, according to her, could create corruption risks. If, as a result of inspections by Rostrud or law enforcement officers, it turns out that employment contracts are not drawn up at the enterprise, while both the state and employees are deceived, there is nothing wrong with publishing such data, Mr. Isaev answered.
Oleg Leonov ( «New People») asked if pensioners can take advantage of regional employment programs on an equal basis with teenagers aged 14-18. Mr. Isaev assured that both teenagers and pensioners will be able to take advantage of such programs. Young students, in particular, will be able to apply to employment services for help in finding temporary work during the summer holidays.
The “SR” faction abstained from voting. And the head of the Duma Committee on Labor and Social Policy, Yaroslav Nilov (LDPR), suggested voting in favor, because even an imperfect new law is better than «leaving everything as it is.» “We do not believe that this is an unconditional masterpiece,” admitted Mr. Isaev and promised before the second reading “not a ritual, but a serious work.”