IDPs and the employment center: how to get along?

Internally displaced persons (IDPs) are citizens who were forced to leave their place of residence due to war or other emergency circumstances without crossing a state border.

What to do if a person left the combat zone without resigning from his/her job? Can he/she register with the employment center?

If an IDP was unable to terminate his/her employment contract with the employer (in accordance with Clause 1 of Article 36, Articles 38, 39 of the Labor Code of Ukraine), but wishes to obtain the status of a registered unemployed person, he/she must contact the employment center at his/her place of residence (according to the certificate of registration as an IDP) and submit an application to the employer for termination of the employment contract.

The employment center (by any means of communication, including electronic) shall notify the employer, the territorial body of the State Tax Service and the territorial body of the Pension Fund of Ukraine of this directly (in accordance with the procedure for information interaction).

For how long can an IDP be registered with the employment center during martial law?

The current legislation on employment of the population does not establish any restrictions on the period of stay of an IDP in the status of registered unemployed.

During the period of martial law, the legislation regulates the maximum period of receiving unemployment benefits at 90 calendar days.

What should an IDP do if the employment center refuses to register? What are the legitimate reasons for the refusal?

First of all, it is necessary to find out what exactly was the reason for the refusal.

To obtain the status of registered unemployed, an IDP must apply to the employment center at his place of residence (according to the certificate of registration of an IDP).

According to the legislation on employment of the population, there are several reasons that may be grounds for refusing an IDP to register as unemployed, including:

• establishing the fact of employment of a person;
• submitting an application for unemployment status by a person who does not meet the criteria specified in the law;
• a person’s refusal to sign an individual employment plan;
• failure by a person to pay funds if a decision was previously made to return the amount of unemployment benefits;
• the person already has the status of a registered unemployed person;
• the person’s submission of an application for granting the status of unemployed person before the established deadline.

If a person believes that his or her rights have been violated by the relevant employment center, he or she has the right to appeal the actions (inaction) of the center’s personnel at the regional employment center or in court.

Are there additional social services at the employment center for IDPs?

The State Employment Service offers a number of social services aimed at assisting IDPs, including:

• acquiring the status of a registered unemployed person;
• job search and assistance in employment;
• professional orientation;
• vocational training and provision of vouchers;
• provision of grants for creating or developing one’s own business;
• provision of compensation to employers for employing IDPs.

Changes in the procedure for granting social assistance to people with IDP status from March 1, 2024

The Resolution of the Cabinet of Ministers of Ukraine dated March 20, 2022 No. 332 “Some Issues of Payment of Housing Assistance to Internally Displaced Persons” approved the Procedure for Providing Housing Assistance to Internally Displaced Persons, paragraph 5-1 of which provides that assistance to an unemployed person of working age is granted from the month of application.

An unemployed person of working age must promote his/her employment within three months from the date of granting the assistance, in accordance with the requirements of Article 4 of the Law of Ukraine “On Employment of the Population”. If a person has not promoted his/her employment or has not acquired the status of unemployed within three months from the date of granting the assistance, the payment of the assistance shall be terminated from the month following the expiration of the three-month period.