Пособие по безработице: разбираемся в условиях оформления вместе с юристами

Unemployment is a problem that can be faced by everyone, regardless of profession, experience or skill level. In conditions of economic instability, military operations or other crisis situations, many people lose their jobs through no fault of their own. For them, state unemployment assistance becomes not just temporary financial support, but an important resource that helps them survive a difficult period and find new opportunities. However, the issue of receiving this assistance often raises many questions among citizens. What conditions must be met in order to be registered at the employment center? Can all unemployed people count on benefits? How does the benefit amount change depending on seniority or previous earnings? And most importantly, how long can you get it? The legal nuances of applying for unemployment benefits often cause disputes, because even a minor error in the documents or a misinterpretation of the law can lead to a denial of benefits.

Lawyers of the «Repeshko and Partners» Bar Association commented on the main provisions of the legislation that regulate the issue of unemployment benefits, and also explained the specifics of its calculation.

In connection with the number of internally displaced persons, as well as the length of the gray zone along the front line, the issue of employment within the country is currently very acute since the beginning of hostilities. So, for example, with the start of hostilities in 2022 in Kropyvnytskyi, which has a population of more than 200,000 people, was settled by immigrants, whose number was at least a tenth of the number of native residents. Of course, under such conditions, the question of finding a job is painful for citizens who moved, fleeing from the war, and sometimes managed to escape from home. Everything that is happening now does not contribute to the development of business either, because many entrepreneurs have closed their business altogether or, in the best case, moved it to another region. It is under such conditions that unemployment assistance from the state is extremely necessary.

According to the Law of Ukraine «On Employment of the Population», an unemployed person is a person aged 15 to 70 years who, due to lack of work, does not have earnings or other sources of income provided for by law as a source of livelihood, is ready and able to start work.  Unemployment benefits, including one-time benefits, can be received by all insured and uninsured persons who are recognized as unemployed (and insured are all EUV payers).

Note that the following can be recognized as unemployed:

• a person of working age before the appointment of a pension (in particular, on preferential terms or for years of service);
• a person with a disability who has not reached retirement age and receives a disability pension or social assistance in accordance with the laws of Ukraine «On state social assistance to persons with disabilities since childhood and children with disabilities» and «On state social assistance to persons who do not have the right to a pension and persons with disabilities»;
• a person younger than 16 years of age who worked and was dismissed in connection with changes in the organization of production and labor, in particular, termination or repurposing of enterprises, institutions and organizations, reduction of the number (staff) of employees.

As for the size of payments, in Ukraine, their size depends on the length of insurance, the reason for termination of employment, as well as the amount of wages received before the job loss.

It is necessary to know that from January 1, 2025, the following amounts of assistance have been established:

• the maximum unemployment benefit is UAH 8,000;
• for citizens without insurance experience, the minimum amount of assistance is 1,500 hryvnias,
• for insured persons, the minimum amount of assistance is 3,600 hryvnias.

We would like to emphasize that during martial law, the duration of unemployment benefits cannot exceed 90 calendar days, and for persons of pre-retirement age — 360 calendar days. Pay special attention to this!

The following categories of Ukrainians receive assistance in the amount of UAH 1,500:

• young people who have finished or stopped studying in institutions of general secondary, professional (vocational and technical), professional pre-higher and higher education,
• a person resigned from fixed-term military or alternative (non-military) service and who needs assistance in finding employment for the first job in the event of registration of the relevant persons as unemployed in accordance with the established procedure;
• young people under 35 without insurance experience;
• persons dismissed from their last place of work (service) on the grounds provided for:
• p. 7-73 h 1 of Article 36, p. 3, 4, 7 and 8 hours. 1 of article 40, articles 41 (except clauses 5 and 6 of part 1) and 45 of the Code of Labor Laws;
• p. 3, 4, 41 h 1 of Article 84 of the Law of Ukraine «On Civil Service»;
• p. 6 and 10 p.m. 1 of Article 77 of the Law of Ukraine «On the National Police»;
• p. 3, 31, 5 h. 1 of Article 51 of the Law of Ukraine «On the Prosecutor’s Office»;
• p. 3–32 part one of Article 79 of the Law of Ukraine «On Local Self-Government in Ukraine»;
• persons dismissed from their last place of work (service) on similar grounds, determined by other laws.

At the same time, assistance in the amount of UAH 3,600 is received by:

• insured persons recognized as unemployed who, during the 12 months preceding the registration of the person as unemployed, according to the State Register of mandatory state social insurance, have less than 7 months of insurance experience;
• persons who worked for less than 7 months before acquiring the status of unemployed;
• employees and gig specialists of legal entities who are residents of Diya City, after dismissal or termination of the gig contract;
• IDPs or persons staying in the temporarily occupied territory or in the territory where hostilities are taking place, who do not have documents about periods of insurance experience, employment, wages (income, financial support).

It should be understood that if the insurance experience during the 12 months preceding the month of registration of a person as unemployed is at least seven months, the amount of unemployment benefit is determined as a percentage of their average salary (income). It is determined in accordance with the procedure for calculating the average salary (income) for the calculation of payments under the mandatory state social insurance, approved by the government, depending on the length of insurance.

However, it is not less than the minimum amount of unemployment benefits established by the Board of the Fund for this category of persons:

• from 3 to 6 years — 55 percent;
• from 6 to 12 years — 60 percent;
• from 12 to 18 years old — 65 percent;
• from 18 to 24 years old — 70 percent;
• from 24 to 30 years old — 75 percent;
• over 30 years — 80 percent.

Note that unemployment benefits are paid depending on the duration of unemployment as a percentage up to a certain amount: the first half of the unemployment benefit payment period — 100 percent; in the future — 50 percent. At the same time, a simplified procedure for obtaining the status of unemployed is provided for immigrants. You can get status and benefits without confirming your insurance history, but the amount of benefits will be lower, as we mentioned earlier. The application can be submitted online and offline.

The online application is submitted through the «Diya» portal or application or on the website of the State Employment Center using an electronic signature.

For this you need:

• to register or authorize in the citizen’s office in «Diya» using a qualified electronic signature (KEP).
• fill out the application and answer the questions in the questionnaire;
• choose an employment center convenient for you, regardless of your registered place of residence or stay;
• enter your social account number and choose the frequency of receiving payments. If you do not have a social account, this step can be skipped, but within 10 working days after the appointment of payments, it must be opened and the details sent to the e-mail of the employment center where you applied. The social account is provided for the enrollment of social payments (salaries, scholarships, pensions, etc.). It can be opened in any bank of Ukraine.
• upload scanned copies of documents: passport, document on the last type of employment (for example, employment book or civil law contract), documents on education, military ticket.
• check the generated statements and sign them with an electronic signature.

The result of the application review will be displayed in your citizen’s account on the Action Portal and sent to your e-mail.  The status is established from the date of submission of the application.

It is necessary to come offline if the release has not taken place. In this case, you need to contact the employment center in person.  The following documents must be submitted to the center:

• passport of a citizen of Ukraine or other identity document;
• taxpayer card;
• military card;
• information about education, work experience (workbook, diplomas, etc. if available).
• IDP certificate;
• certificate (certificates) about the average salary (income) for the last place (several places) of work or service. It can be obtained at the workplace or formed independently at Portals «Action»;
• copies of the civil law contract and the mandatory state social insurance certificate (if available);
• personal statement of the unemployed person.

Therefore, if the IDP person did not resign from the previous place of work for objective reasons, then it is possible to write an application for dismissal immediately during a visit to the employment center. The date of termination of the employment contract will be considered the day following the submission of the application.

Another question to be aware of. Payment of assistance is terminated if:

• the person found a job;
• the period for payment of assistance has expired;
• the person refused a suitable job or study twice;
• the person went abroad and stays there for more than 30 days;
• the person has reached retirement age;
• a person was called up for military service and in some other cases.

If the IDP found a job independently, it is necessary to submit an application for termination of the unemployed status to the employment center in a convenient way.

Therefore, it is important for unemployed persons to know their rights and responsibilities, as this will help them avoid mistakes and use state support programs as effectively as possible.