Legal basis for the emergence of the ministry
labor and social protection of the Russian Federation . The main principle of a democratic society is that every person is obliged to provide for himself. But everywhere there are people who, for certain reasons, cannot take care of themselves. This can happen due to their old age, weakness caused by illness. There are also insufficiently enterprising people, single women, large families, disabled people who need treatment and care. Society cannot leave them to their fate, and therefore tries to help and provide them with certain material benefits. To carry out these tasks, special government agencies have been created and operate systems whose main task is to provide material and other social benefits to such citizens. Every person should not forget that someday he may also find himself in a difficult situation, the solution of which only public assistance can help. The Constitution of the Russian Federation contains the main provisions of the institution of social assistance. “Article 7 1. The Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of people. 2. In the Russian Federation, the labor and health of people are protected, a guaranteed minimum wage is established, state support is provided for the family, motherhood, paternity and childhood, the disabled and elderly citizens, a system of social services is developed, state pensions, benefits and other guarantees of social protection are established. » The Constitution, having established the basic provisions of this institution, did not give us a broader explanation of the existence, activities, and development of government structures that directly deal with issues of social protection of the population of our country. The basis for the construction of the institution we are considering was continued by the President of the Russian Federation. Thus, in 1996, in accordance with Decree of the President of the Russian Federation 1, the Ministry of Social Protection of the Population of the Russian Federation (Ministry of Social Protection of the Russian Federation) was formed. But in the structure of the Government of the Russian Federation, approved in March 1997, the Ministry of Social Protection of the Population does not appear. However, the Ministry of Labor and Social Development was created, to which the functions of the Ministry of Social Protection of the Population were transferred. It's difficult to explain and even understand what's going on here. There would probably not have been a consensus on this institute if the Presidential Decree “On the STRUCTURE OF FEDERAL EXECUTIVE POWER BODIES”, which had not been repeatedly amended, would not have acquired its latest edition 2, where the modern name of the institute had already appeared and taken hold. So, in accordance with Article 112 of the Constitution of the Russian Federation (The Chairman of the Government of the Russian Federation, no later than a week after appointment, submits to the President of the Russian Federation proposals on the structure of federal executive bodies.) The President decided: 1. To approve the attached structure of federal executive bodies. And in order to form this structure, create the Ministry of Labor and social development of the Russian Federation on the basis of the abolished Ministry of Social Protection of the Population of the Russian Federation, the Ministry of Labor of the Russian Federation and the Federal Employment Service of Russia. The institute we are considering was created on a fairly large legislative framework taking over the functions and powers of several ministries at once. The functioning of the ministry. Today, the functioning of the Ministry of Labor and Social Development is carried out on the basis of the Regulations approved by Decree of the Government of the Russian Federation 3, which was adopted even before the consensus between the President and the Government on the name of the future ministry, but despite this it worked and continues to work since the amendments made to it fully reflect the dynamics of changes in our society. The Government of the Russian Federation decided to approve the attached Regulations on the Ministry of Labor and Social Development of the Russian Federation. It also obliged the State Committee of the Russian Federation for State Property Management, together with the Ministry of Labor and Social Development of the Russian Federation, to submit, within a month, to the Government of the Russian Federation a proposal to assign to the Ministry of Labor and Social Development of the Russian Federation office space occupied by the abolished Ministry of Labor of the Russian Federation, the Ministry of Social Protection of the Population of the Russian Federation and the Federal Employment Service of Russia. 3. The Ministry of Labor and Social Development of the Russian Federation, together with the Ministry of Justice of the Russian Federation, shall submit, in the prescribed manner, to the Government of the Russian Federation proposals to amend and invalidate the decisions of the Government of the Russian Federation in connection with this resolution. The Ministry of Labor and Social Development of the Russian Federation (Ministry of Labor of Russia) is a federal executive body that pursues state policy and carries out management in the field of labor, employment and social protection of the population, and also coordinates activities in these areas together with federal executive authorities and executive authorities subjects of the Russian Federation. Based on its activities, the Ministry of Labor and Social Development of the Russian Federation is guided by 1) the Constitution of the Russian Federation and 2) federal laws, decrees and orders of the President of the Russian Federation, 3) decrees and orders of the Government of the Russian Federation, as well as this Regulation. Structure of the Ministry of Labor and Social Development4 The Ministry of Labor and Social Development of the Russian Federation is headed by the Minister, who is appointed and dismissed by the President of the Russian Federation on the proposal of the Chairman of the Government of the Russian Federation. The Minister bears personal responsibility for the implementation of the tasks assigned to the Ministry of Labor and Social Development of the Russian Federation and the implementation of its functions. The Minister has deputies who are appointed and dismissed by the Government of the Russian Federation. The Minister of Labor and Social Development of the Russian Federation: 1) manages, on the principles of unity of command, the activities of the Ministry of Labor and Social Development of the Russian Federation; 2) distributes responsibilities among the Deputy Ministers; 3) approves the structure and staffing of the central apparatus within the limits of the wage fund and the number of employees established by the Government of the Russian Federation, regulations on structural divisions, as well as the cost estimate for its maintenance within the limits of the federal budget funds provided for by the Ministry of Labor and Social Development of the Russian Federation for public administration; 4) establishes the duties and determines the responsibilities of the heads of structural divisions of the Ministry of Labor and Social Development of the Russian Federation; 5) within the limits of its competence, in accordance with the legislation of the Russian Federation, issues orders and instructions that are subject to mandatory execution by employees of the Ministry of Labor and Social Development of the Russian Federation and subordinate organizations; 6) appoints and dismisses employees of the central apparatus of the Ministry of Labor and Social Development of the Russian Federation in accordance with the established procedure; 7) approves the charters of subordinate organizations in the prescribed manner, concludes, changes and terminates agreements (contracts) with their leaders; 8) appoints and dismisses from office in the manner established by federal laws and other regulatory legal acts of the Russian Federation, heads of territorial bodies of the Ministry of Labor and Social Development of the Russian Federation.5 9) in accordance with the established procedure, nominates particularly distinguished employees for state awards and conferment honorary titles of the Russian Federation; 10) exercises other powers in accordance with the legislation of the Russian Federation. The staffing level of the central apparatus of the Ministry is 930 units, including 10 military personnel seconded from the Ministry of Defense. The ministry is allowed to have 11 deputy ministers, including 3 first and a panel of 25 people. The same resolution approved the structure of the Ministry, which included 11 departments: comprehensive analysis and forecasting of social development; labor conditions and safety; on questions civil service; on the settlement of collective labor disputes and the development of social partnership; population and employment policy; on pension issues; for family, women and children affairs; on social issues of citizens discharged from military service and members of their families; on issues of rehabilitation and social integration of disabled people; Veterans and Senior Affairs; employment of the population. The functions of the Ministry of Labor and Social Development are determined by Decree of the Government of the Russian Federation 5, which, having established the structure of the Ministry of Labor and Social Development of the Russian Federation, included a wide variety of issues related to social activities within the jurisdiction of 11 departments. The departments work on a professional basis, since the range of issues they resolve is unusually wide; the Government of the Russian Federation, by its resolution6, provided for the creation of a special educational institution for training specialists, as well as for retraining and improving the qualifications of existing employees of the ministry. The main activities of the Ministry of Labor of the Russian Federation. A) Main problems of social development. 1) develops, with the participation of federal executive authorities, proposals on the main directions and priorities of state social policy in the field of labor, employment and social protection of the population based on an analysis of the socio-economic development of the Russian Federation, its regions, industries and sectors of the economy; 2) submits reports to the Government of the Russian Federation on the state of affairs in the field of labor, employment and social protection of the population and proposals for state forecasts of social development of the Russian Federation for the long, medium and short term; 3) prepares, in agreement with the Ministry of Economy of the Russian Federation and the Ministry of Finance of the Russian Federation, other interested federal executive authorities with the participation of executive authorities of the constituent entities of the Russian Federation, draft social programs, organizes their implementation and control over the use of funds allocated for these purposes; 4) organizes and conducts monitoring in the field of labor, employment and social protection of the population - there are a lot of examples of this; on the basis of all kinds of monitoring, the Ministry of Labor and Social Development of the Russian Federation creates its own Resolutions (RESOLUTION 16.12.97 N 63 “ON THE APPROVAL OF STANDARD INDUSTRY STANDARDS OF FREE ISSUANCE TO WORKERS SPECIAL CLOTHING, SPECIAL FOOTWEAR AND OTHER PERSONAL PROTECTIVE EQUIPMENT"). It is difficult to obtain accurate data on specific social issues, be it issues related to lunches for schoolchildren or the daily dose of calories for people exposed to radiation. But the Ministry successfully copes with such tasks. B) Increasing the standard of living and income of citizens. 1) prepares, together with the Ministry of Finance of the Russian Federation and with the participation of other interested federal executive authorities, proposals on the minimum wages, pensions, as well as the amounts of benefits, scholarships and other social payments (LAW ON STATE PENSIONS IN THE RUSSIAN FEDERATION)7.2) makes proposals to improve the system of social benefits, compensation payments, benefits, as well as to protect household incomes from inflation; 3) develops a methodology for calculating the cost of living of various socio-demographic groups of the population and carries out an examination of calculations of the cost of living carried out by the constituent entities of the Russian Federation8; 4) organizes the development of social standards and social standards within the limits of its competence; 5) participates in the preparation of proposals for improving the system of taxation of personal income - where it has many issues of general responsibility together with various tax departments. C) Problems in the field of remuneration 1) develops proposals to increase motivation and labor efficiency; 2) improves tariff regulation of wages on the basis of social partnership; 3) carries out tariffication of works, professions and positions, improvement of the organization of labor standards; 4) develops proposals for improving regional regulation of wages, the system of benefits and compensation, taking into account natural, climatic and socio-economic factors9 5) prepares, together with the Ministry of Finance of the Russian Federation and with the participation of interested federal executive authorities, proposals for improving the wage system for employees of budgetary organizations and federal government enterprises, as well as monetary allowances for military personnel and persons equivalent to them and conditions of remuneration and material support for citizens sent to work abroad in organizations of the Russian Federation; D) conditions and protection of labor and employment of the population. 1) carries out state management of labor protection, coordinates the work of federal executive authorities in this area; 2) develops federal programs for improving labor conditions and safety8. 3) submits annual reports to the Government of the Russian Federation on the state of labor conditions and safety and measures to improve them; 4) develops intersectoral rules and organizational and methodological documents on labor protection; 5) develops proposals for improving the mechanism of economic interest of employers in improving labor conditions and safety, preventing industrial injuries and occupational diseases; 6) carries out organizational and methodological management of the State Expertise of Working Conditions of the Russian Federation, organizes a selective examination of the compliance of projects for the construction and reconstruction of facilities with the requirements of working conditions and labor protection; 7) organizes work on certification of workplaces and certification of production facilities for compliance with the requirements of working conditions and labor protection; 8) develops proposals on forms of state assistance to producers and consumers of special clothing, special footwear and other personal protective equipment; In the problems of employment of the population of the Russian Federation, the Ministry of Labor of the Russian Federation exercises almost complete control: Employment10 is 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. 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 for suitable job, are looking for a job and are ready to start it. 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. In order to promote full, productive and freely chosen employment of the population, the Ministry of Labor of the Russian Federation, together with the Federal Employment Center, carries out: the development of financial and credit measures, investment and tax policies aimed at the rational placement of productive forces, increasing the mobility of labor resources, developing temporary and self-employment, encouraging the use of flexible labor regimes, and other measures that contribute to the preservation and development of the job system, legal regulation in the field of employment based on compliance with legal rights and interests of citizens and corresponding state guarantees, further improvement of legislation on employment; development and implementation of federal and territorial programs to promote employment; Unemployed citizens who have lost the right to unemployment benefits due to the expiration of the payment period established by the legislation of the Russian Federation on employment, as well as persons supported by the unemployed, may be provided with material and other assistance by the Ministry of Labor of the Russian Federation and the employment service during the period of unemployment, including subsidies for the use of preschool institutions, housing, utilities, public transport, health services and catering . Bodies of the state employment service, when orphans and children left without parental care, aged 14-18 years,11 contact them, carry out career guidance work with these persons and provide diagnostics of their professional suitability, taking into account their health status, at the expense of the State Employment Fund RF. To support this group of citizens, there are special funds from the extra-budgetary State Employment Fund. The funds of the fund are state property and are under the operational management of the Ministry of Labor of the Russian Federation and the federal employment service bodies subordinate to it. D) population problems. 1) develops and implements measures to implement the main directions of state socio-demographic policy; 2) submits annual reports to the Government of the Russian Federation on the state and measures to improve the demographic situation in the country; E) pension provision. One of the most important areas of activity of the Ministry of Labor of the Russian Federation. The ministry’s activities in this direction are regulated by the law “On STATE PENSIONS IN THE RUSSIAN FEDERATION” of November 20, 1990. The grounds for pension provision are: reaching the appropriate retirement age, the onset of disability, and for disabled family members of the breadwinner - his death; the basis for pension provision for certain categories of workers is the long-term performance of certain professional activities. All these groups of citizens are participants in existing social relations and have state guarantees for receiving a pension. But today there have been serious changes. Many people began to work and earn money at non-state enterprises, but they receive a pension for their work from the state. In this regard, many commercial structures are trying to look for opportunities to pay contributions to the State Pension Fund as little as possible. The Russian government has responded to this dynamic and now we have a new procedure for assigning pensions. On January 1, 1997, the Federal Law “On individual personalized accounting in the state pension insurance system” came into force. Its purpose is to create conditions for assigning pensions in accordance with the performance results of each insured person, ensuring the reliability of information about length of service, earnings and payment of insurance contributions to the Pension Fund. The Pension Fund of the Russian Federation is designated by law as the body of state pension insurance. The Ministry of Labor of the Russian Federation has the following powers: 1) develops proposals for the formation of state policy in the field of pension provision and improvement of federal pension legislation; 2) carries out, together with the Pension Fund of the Russian Federation, methodological support for the assignment, recalculation, payment and delivery of state pensions; 3) organizes, together with the Pension Fund of the Russian Federation, control over the assignment and payment of state pensions, the targeted expenditure of funds for pension provision; 4) participates in the development of proposals to improve legislation on pensions for military personnel and persons equivalent to them; 5) organizes, jointly with the Pension Fund of the Russian Federation, the payment of pensions to citizens located outside the Russian Federation in the manner prescribed by the legislation of the Russian Federation, international treaties (agreements) of the Russian Federation; 6) develops proposals for improving pension provision in connection with special working conditions, monitors the correct application of lists of jobs (professions and positions), taking into account the fulfillment of which the pension is established at a reduced retirement age; 7) promotes the development of non-state pension systems; G) Social services for the population. In the field of social services for the population12. “Social services are the activities of social services for social support, provision of social, social, medical, psychological, pedagogical, socio-legal services and material assistance, social adaptation and rehabilitation of citizens in difficult life situations.”12. The state system of social services is a system consisting of both state enterprises and social service institutions, which are federal property and are under the jurisdiction of federal government bodies, and from state enterprises and social service institutions, which are the property of the constituent entities of the Russian Federation and are under the jurisdiction of the government bodies of the constituent entities of the Russian Federation. The Ministry of Labor and Social Development of the Russian Federation, which is part of the state system of social services: 1) organizes, together with federal executive authorities and executive authorities of constituent entities of the Russian Federation, the creation and development of a network of comprehensive and specialized state, municipal, private and other social services, including stationary, semi-stationary and other institutions of social services for the population, coordinates their activities and methodological support, develops, with the participation of interested federal executive authorities, standards for social services for the population; 2) participates in the development of proposals to improve the system of benefits and compensation, provide social assistance, provide social services and material assistance to citizens who find themselves in difficult life and extreme situations, including citizens affected by radiation accidents, industrial and environmental disasters, armed and interethnic conflicts and other emergency situations , refugees, internally displaced persons, persons without a fixed place of residence or occupation; H) Social protection in the field of social protection of the population The Ministry of Labor of the Russian Federation: 1) develops proposals for the formation of state policy in the field of social protection of families, women and children, elderly citizens and veterans13, disabled people14 and implements it in cooperation with federal executive authorities and executive authorities of the constituent entities of the Russian Federation; carries out organizational and methodological management and coordination of the activities of federal executive authorities, executive authorities of constituent entities of the Russian Federation and organizations for the social protection of citizens affected by radiation accidents and disasters or who took part in the liquidation of their consequences, as well as control over the provision of benefits established by the legislation of the Russian Federation and compensation to these citizens; 2) coordinates and controls the development and implementation of federal programs for social support and improvement of the situation of families, women and children, elderly citizens and veterans, and the disabled; 3 submits reports to the Government of the Russian Federation on the state and measures to improve the situation of the family, women and children, elderly citizens and veterans, and disabled people; 4) exercises, within its competence, control over the implementation of social guarantees established by the legislation of the Russian Federation for families, women and children, elderly citizens and veterans, and disabled people; 5) provides methodological support for the assignment and payment of benefits to citizens with children; An important basis for the activities of the Ministry of Labor of the Russian Federation in the field of social services, specific material support for the above categories of citizens is social insurance15. The Social Insurance Fund of the Russian Federation manages the funds of the state social insurance of the Russian Federation. The Ministry of Labor of the Russian Federation helps the Fund develop the rates of insurance contributions for state social insurance and implement measures to ensure the financial stability of the Fund. The Chairman of the Fund appointed by the Government of the Russian Federation is obliged to develop, together with the Ministry of Labor of the Russian Federation, proposals for improving the social insurance system and ensuring state guarantees for social insurance. K) Powers of the Ministry of Labor of the Russian Federation on issues of civil service. 1) prepares, jointly with the Ministry of Finance of the Russian Federation, proposals on monetary support (monetary remuneration), social guarantees and pension provision for persons holding government positions in the Russian Federation and government positions in the federal civil service, as well as jointly with the Ministry of Justice of the Russian Federation on issues related to admission , promotion and dismissal from public service16; 2) arranges additional payments for length of service to state pensions for persons holding public positions in the Russian Federation and public positions in the federal civil service; 3) submits to the Government of the Russian Federation proposals for the formation, placement and execution of state orders for retraining and advanced training of civil servants of federal executive bodies and, together with the Ministry of Finance of the Russian Federation, controls its implementation; in the field of legislation on labor, employment and social protection of the population 4) prepares, with the participation of interested federal executive authorities, draft regulatory legal acts on labor, employment and social protection of the population and submits them for consideration by the Government of the Russian Federation; 5) generalizes the practice of applying legislation within its competence and ensures its uniform application; 6)) participates in the preparation of proposals for the convergence of legislation on labor, employment and social protection of the population of member states of the Commonwealth of Independent States; 7)) carries out, together with federal executive authorities, executive authorities of constituent entities of the Russian Federation and public associations, control over the implementation of legislation on labor, employment and social protection of the population, compliance with established social guarantees; M) social protection of citizens discharged from military service and members of their families 1) prepares draft regulations, federal and other programs for social support for war veterans and military service, combatants and veterans of special-risk units; 2) coordinates the interaction of federal executive authorities, executive authorities of constituent entities of the Russian Federation, public associations, as well as other organizations in the development and implementation of interregional programs and measures for the social adaptation of citizens discharged from military service; 3) ensures the organization of social support for family members of military personnel who died during conscription; 4) coordinates the creation and improvement of the social rehabilitation system social services elderly citizens." 8) Federal Law of the Russian Federation of January 12, 1995 “On Veterans”. 9) Federal Law of the Russian Federation dated May 21, 1993 “On pension provision for the parents of deceased military personnel who served in conscription.” 10) Decree of the Government of the Russian Federation dated December 12, 1994 “On the Social Insurance Fund of the Russian Federation.” 11) Federal Law of the Russian Federation of April 26, 1995 “on state benefits for citizens with children.”
July 17, 2019 The government sent to the State Duma amendments to the bill on changes in the procedure for establishing monthly payments in connection with the birth or adoption of the first or second child
July 15, 2019 The Commission on Legislative Activities approved the bill on ratification of the Protocol on Amendments to the Treaty between Russia and Bulgaria on Social Security The protocol was signed on March 4, 2019 in Sofia.
July 8, 2019 The Commission on Legislative Activities approved the Government's draft amendments to the bill on changes in the procedure for establishing monthly payments in connection with the birth or adoption of the first or second child The bill proposes to change the criterion for establishing the need of families from one and a half times to two times the subsistence level of the working-age population established in the corresponding subject of the Federation. Amendments to the bill provide for the introduction, from January 1, 2020, of a monthly payment for the first and second child from one and a half to three years in the amount of the child’s subsistence level in the subject of the Federation.
July 2, 2019 The Commission on Legislative Activities approved bills on the transition to “electronic work books» The bills propose to establish the possibility of maintaining information about labor activity V electronic form, which will be basic information about the employee’s work activity and length of service. This will provide employees and employers with convenient and quick access to information about their work activities, and will ensure additional features employment for remote workers, safety of personal data in information system Pension Fund.
June 24, 2019 The Commission on Legislative Activities approved a bill to clarify the procedure for the execution by regions of federal powers delegated to them in the field of social support for certain categories of citizens An analysis of federal legislation providing for the transfer of certain federal powers to the regions has shown that the norm on the publication by federal authorities of mandatory methods for the implementation of regions for the implementation of powers delegated to them in the field of social support for certain categories of citizens is absent in a number of laws of the Russian Federation and federal laws. The bill proposes to amend laws, consolidating the corresponding powers of federal authorities.
June 24, 2019 The Commission on Legislative Activities approved, taking into account the discussion that took place, changes to the legislation on social insurance The bill proposes to expand the circle of persons entitled to receive insurance payments in the event of the death of the insured from an accident or occupational disease, and along with his minor children and spouse, his parents also have an unconditional right to receive a lump sum insurance payment.
June 24, 2019 The Commission on Legislative Activities approved bills to clarify the procedure for ensuring the compulsory execution of the employer’s obligation to pay the employee wages The bills, in particular, propose to give the state labor inspector the authority to take measures to enforce the employer’s obligation to pay accrued but not paid wages or other payments to the employee within the framework of labor relations.
June 10, 2019 The Commission on Legislative Activities approved bills to clarify the procedure for providing guarantees for the payment of severance pay and the preservation of average monthly earnings for employees dismissed due to the liquidation of the organization In pursuance of the decision of the Constitutional Court of the Russian Federation of December 19, 2018 No. 45-P. The adoption of the bills will ensure the opportunity for all employees dismissed due to the liquidation of the organization to receive the provided benefits on equal terms. Labor Code payments.
1
