Ministry of Labor and Social Protection of the Russian Federation. Legal basis for the emergence of the ministry

July 17, 2019 The government sent to the State Duma amendments to the draft law on changing the procedure for establishing a monthly payment in connection with the birth or adoption of the first or second child

July 15, 2019 The Commission for Legislative Activities approved the draft law 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 for Legislative Activities approved the Government's draft amendments to the draft law on amendments to the procedure for establishing a monthly payment in connection with the birth or adoption of the first or second child The draft law proposes to change the criterion for establishing the need of families from one and a half to two times the subsistence level of the able-bodied population, established in the corresponding subject of the Federation. The 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 subsistence minimum for a child in a constituent entity of the Federation.

July 2, 2019 The Commission for Legislative Activities approved the bills on the transition to "electronic work books" The bills propose to establish the possibility of maintaining information about labor activity in electronic form, which will be the main information about the labor activity and work experience of the employee. This will provide employees and employers with convenient and quick access to information about work activities, provide additional employment opportunities for remote workers, and ensure the safety of personal data in the information system of the Pension Fund.

June 24, 2019 The Commission for Legislative Activities approved a draft law on clarifying the procedure for the implementation by the regions of the federal powers transferred 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 showed that the norm on the publication by federal authorities of methods binding on the regions for the implementation of the powers transferred 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 the laws, securing the appropriate powers of the federal authorities.

June 24, 2019 The Commission for Legislative Activities approved, taking into account the discussion, changes in the legislation on social insurance The draft law proposes to expand the circle of persons entitled to receive insurance payments in the event of the death of the insured person from an accident or occupational disease, and along with his minor children, his wife (husband), the unconditional right to receive a lump-sum insurance payment is also granted to his parents.

June 24, 2019 The Commission for Legislative Activities approved bills on clarifying the procedure for ensuring the enforcement of the employer's obligation to pay wages to the employee The bills, in particular, propose to give the state labor inspector the authority to take measures to force the employer to fulfill the obligation to pay wages accrued but not paid to the employee or other payments within the framework of labor relations.

June 10, 2019 The Commission for Legislative Activities approved bills on clarifying the procedure for providing guarantees for the payment of severance pay and maintaining the average monthly salary to employees dismissed in connection with the liquidation of the organization In pursuance of the decision of the Constitutional Court of the Russian Federation dated December 19, 2018 No. 45-P. The adoption of the bills will make it possible to provide an opportunity for all employees dismissed in connection with the liquidation of the organization to receive payments provided for by the Labor Code on equal terms.

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 because of their old age, infirmity caused by illness. There are also insufficiently enterprising people, single women, families with many children, 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 state systems that set as their main task the provision of material and other social benefits to such citizens. Each person should not forget that someday he may also find himself in a difficult situation, the solution of which can only be helped by public assistance. 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 a person. 2. In the Russian Federation, labor and health of people are protected, a guaranteed minimum wage is established, state support is provided for the family, motherhood, fatherhood and childhood, 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 main provisions of this institution, did not give us a broader explanation of the existence, activities, development of state structures that are directly involved in the issues of social protection of the population of our country. The basis for building the institution we are considering was continued by the President of the Russian Federation. Thus, in 1996, in accordance with the 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 is difficult to explain and even understand what is going on here. So there probably would not have been a unanimous opinion about this institution, if the Decree of the President “On the STRUCTURE OF FEDERAL EXECUTIVE AUTHORITIES”, which had not been repeatedly amended, had not acquired its latest edition 2, where the modern name of the institution had already appeared and was fixed. Thus, 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 his appointment, submits to the President of the Russian Federation proposals on the structure of federal executive bodies.) The President decided: 1. Approve the attached structure of federal executive bodies. And in order to form this structure, to form 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 institution we are considering was created on a rather large legislative base, having assumed 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 Regulation approved by the 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, in accordance with the established procedure, submit proposals to the Government of the Russian Federation on changing and repealing 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 manages 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) resolutions 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 a Minister appointed to and dismissed by the President of the Russian Federation on the proposal of the Chairman of the Government of the Russian Federation. The Minister is personally responsible for the fulfillment of the tasks assigned to the Ministry of Labor and Social Development of the Russian Federation and the exercise 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) directs, on the principles of unity of command, the activities of the Ministry of Labor and Social Development of the Russian Federation; 2) distribute duties among the Deputy Ministers; 3) approves the structure and staffing of the central office within the limits of the payroll fund and the number of employees established by the Government of the Russian Federation, the 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 responsibility of the heads of structural subdivisions 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 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 office of the Ministry of Labor and Social Development of the Russian Federation in accordance with the established procedure; 7) approves, in accordance with the established procedure, the charters of subordinate organizations, concludes, amends and terminates agreements (contracts) with their heads; 8) appoints and dismisses from office in the manner prescribed 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 honorary titles of the Russian Federation; 10) exercise other powers in accordance with the legislation of the Russian Federation. The staffing of the central apparatus of the Ministry is 930 units, including 10 servicemen seconded from the Ministry of Defense. The ministry is allowed to have 11 deputy ministers, including 3 first and a collegium of 25 people. The same resolution approved the structure of the Ministry, which included 11 departments: complex analysis and forecasting of social development; conditions and labor protection; on matters of public service; on settlement of collective labor disputes and development of social partnership; population and employment policy; on pension issues; for family, women and children; 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 Seniors Affairs; employment of the population. The functions of the Ministry of Labor and Social Development are determined by the 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, attributed a wide variety of issues related to social activities to the jurisdiction of 11 departments. The departments work on a professional basis, since the range of issues they solve is unusually wide, the Government of the Russian Federation, by its decree6, provided for the creation of a special educational institution for training specialists, as well as for retraining and advanced training of already working employees of the ministry. The main activities of the Ministry of Labor of the Russian Federation. A) The main problems of social development. 1) develops with the participation of federal executive authorities proposals on the main directions and priorities of the 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) submit 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 the 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, so on the basis of all kinds of monitoring, the Ministry of Labor and Social Development of the Russian Federation creates its own Decrees (RESOLUTION 16. 12.97 N 63 "ON APPROVAL OF MODEL INDUSTRY NORMS OF FREE ISSUANCE TO WORKERS OF SPECIAL CLOTHES, SPECIAL SHOES AND OTHER PERSONAL PROTECTION MEANS"). It is difficult to come up with precise data on specific social issues, whether it be school lunches or daily calorie intake for radiation-exposed people. But the Ministry successfully copes with such tasks. B) Raising 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 wage, pensions, as well as on the amount of benefits, scholarships and other social payments (LAW ON STATE PENSIONS IN THE RUSSIAN FEDERATION)7 .2) makes proposals for improving the system of social benefits, compensation payments, benefits, as well as for protecting the income of the population from inflation; 3) develop a methodology for calculating the subsistence minimum for various socio-demographic groups of the population and carry out an examination of the subsistence minimum calculations carried out by the constituent entities of the Russian Federation8; 4) organize the development of social norms and social standards within 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 jurisdiction, together with various tax departments. C) Problems in the field of remuneration 1) develops proposals to increase motivation and labor efficiency; 2) improve the tariff regulation of wages on the basis of social partnership; 3) carry out billing of works, professions and positions, improve the organization of labor rationing; 4) develops proposals for improving the regional regulation of wages, the system of benefits and compensations, 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 bodies, proposals for improving the system of remuneration of employees of budgetary organizations and federal state-owned enterprises, as well as the monetary allowance of military personnel and persons equated to them and the conditions of remuneration and material support for citizens sent to work in organizations of the Russian Federation abroad; D) conditions and labor protection and employment of the population. 1) carry out state management of labor protection, coordinate the work of federal executive bodies in this area; 2) develops federal programs for improving working conditions and labor protection8. 3) submits to the Government of the Russian Federation annual reports on the state of conditions and labor protection 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 working conditions and labor protection, preventing industrial injuries and occupational diseases; 6) provides organizational and methodological guidance to 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) organize 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 manufacturers 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 associated with 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. The unemployed are able-bodied citizens who do not have work and earnings, are registered with the employment service in order to find a suitable job, are looking for work and are ready to start it. The decision to recognize a citizen registered in order to find a suitable job as unemployed is made by the employment service at the citizen's place of residence investment and tax policies aimed at the rational distribution of productive forces, increasing the mobility of labor resources, developing temporary and self-employment, encouraging the use of flexible working regimes, and other measures that contribute to the preservation and development of the system of jobs, legal regulation in the field of employment based on compliance with legal the rights and interests of citizens and relevant state guarantees, further improvement of legislation on employment of the population; development and implementation of federal and territorial programs to promote employment of the population; Unemployed citizens who have lost the right to unemployment benefits due to the expiration of the period of payment established by the legislation of the Russian Federation on employment of the population, as well as persons who are in the care of the unemployed, the Ministry of Labor of the Russian Federation and employment service authorities may provide material and other assistance during the period of his unemployment, including grants for the use of child care facilities, housing, utilities, public transport, health care and catering services. Bodies of the State Employment Service, when contacting them with orphans and children left without parental care, aged 14-18 years11, carry out career guidance work with these persons and provide diagnostics of their professional suitability, taking into account their state of health, at the expense of the State Employment Fund RF. For the maintenance of this group of citizens, there are special funds of the off-budget State Fund for Employment of the Population. The funds of the fund are state property and are under the operational control of the Ministry of Labor of the Russian Federation and the federal bodies of the employment service subordinate to it. D) population problems. 1) develops and implements measures to implement the main directions of the state social and 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 activities of the Ministry of Labor of the Russian Federation. The activities of the ministry in this direction are regulated by the law "On STATE PENSIONS IN THE RUSSIAN FEDERATION" dated 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 providing pensions to certain categories of workers is the long-term performance of certain professional activities. All these groups of citizens are participants in established social relations and have state guarantees for receiving pensions. But today there have been major changes. Many people began to work and earn money at non-state enterprises, but they receive a pension for 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 Government of the Russian Federation 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 results of the work of each insured person, ensuring the reliability of information about the length of service, earnings and payment of insurance premiums to the Pension Fund. The Pension Fund of the Russian Federation is assigned by the Law as a 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 the 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) organize, together with the Pension Fund of the Russian Federation, control over the appointment and payment of state pensions, targeted spending of funds for pension provision; 4) participates in the development of proposals for improving the legislation on pensions for military personnel and persons equated to them; 5) organizes, together with the Pension Fund of the Russian Federation, the payment of pensions to citizens who are 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 the lists of jobs (professions and positions), taking into account the implementation 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 service is the activity of social services for social support, the provision of social, social, medical, psychological, pedagogical, social and 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-owned enterprises and social service institutions that are federal property and are administered by federal government bodies, and state-owned enterprises and social service institutions that are the property of the constituent entities of the Russian Federation and are administered by state authorities subjects 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 integrated and specialized state, municipal, private and other social services, including stationary ones, semi-stationary and other institutions of social services for the population, coordinates their activities and provides methodological support, develops, with the participation of interested federal executive bodies, standards for social services for the population; 2) participates in the development of proposals for improving the system of benefits and compensations, the provision of social assistance, the provision of 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 emergencies, refugees, internally displaced persons, persons without a fixed place of residence and employment; 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; provides organizational and methodological guidance and coordination of the activities of federal executive authorities, executive authorities of the constituent entities of the Russian Federation and organizations for the social protection of citizens affected by radiation accidents and disasters or participated in the elimination 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 of social support and improvement of the situation of families, women and children, senior citizens and veterans, disabled people; 3 submits reports to the Government of the Russian Federation on the state of and measures to improve the situation of the family, women and children, the elderly and veterans, the disabled; 4) carries out, within its competence, control over the implementation of social guarantees established by the legislation of the Russian Federation for the family, women and children, elderly citizens and veterans, the disabled; 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, the specific material support for the above categories of citizens is social security.