The procedure for exercising the right to participate in public works in the social insurance system in case of unemployment

Abstract

The article is devoted to the study of the procedure for exercising the right to participate in public works by persons in the social insurance system in case of unemployment. The analysis of normative acts of Ukraine, which regulate legal relations regarding the involvement of persons in public works on a voluntary basis, was carried out.
 As a result of the study of the relevant legal framework, it is substantiated that public works in general are a temporary form of employment for citizens who are looking for work only on the referral of the territorial employment body in the order of mandatory conclusion of a fixed-term employment contract, which expresses the free will of both the employee and the employer in the event of employment relations.
 An integral element of the selection of public works is the written consent of the person. Analyzing the procedure of giving consent by a person to participate in public works in the relevant legislative acts, it is possible to follow at least several stages of giving such consent in written form. The initial stage of approval for public works is related to the issuance of a personal card. Further, the consent is recorded in the individual service provision plan (for persons who are in a state of partial unemployment) and the individual employment plan (for the registered unemployed). The final stage of approval is characterized by the absence of a refusal to conclude an employment contract in the referral for employment.
 On the basis of the studied provisions of the legislation of Ukraine, it has been proven that the Vacancy Information is a source of information about the proposed temporary jobs at the relevant employer under the terms of a fixed-term employment contract, which is provided by the employment center under the conditions and in the order provided for drawing up individual plans for the provision of services and employment. At the same time, it is mandatory to enter information about the vacancy with the serial number of the document that certifies the completeness and authenticity of the information provided by the employment center.
 In the process of clarifying the procedure for the selection of public works, it is proposed to provide that a person must within 10 working days agree to employment or refuse to participate in public works based on the vacancies offered to him. What is noted in the individual plans for the provision of services and employment with an entry in the personal card after the decision of the employment center to issue a referral for employment. The basis for issuing an order to hire an employee, if none of the parties has refused to conclude an employment contract, is a referral for employment.