Coordinating and advisory bodies
REGULATION
OF PUBLIC COUNCIL
FEDERAL SERVICE FOR LABOUR AND EMPLOYMENT
I. General provisions
1.1. This Regulation was developed in accordance with Federal Law No. 32-FZ "On the Public Chamber of the Russian Federation" from April 4, 2005, Government Decree No. 481 "On the Procedure of Formation of Public Councils Under the Federal Ministries, Administered by the Government of the Russian Federation, Federal Services and Federal Agencies Subordinated to these Federal Ministries, Federal Services and Federal Agencies Managed by the Government of the Russian Federation" from August 2, 2005 and determines the competence, order of formation of Public Council under Federal service for labour and employment (hereinafter - The Public Council or The Council), the order of interaction of the Federal service for labour and employment (further - Rostrud) with the Public chamber of the Russian Federation in the formation of the Public Council, as well as the procedure and conditions for inclusion in the composition of the Public Council of experts, independent from the state authorities of the Russian Federation, representatives of public interest organizations and other individuals.
1.2. The Public Council of the Federal Service for Labour and Employment (hereinafter referred to as the Public Council or the Council) is an consultative and advisory body to the Federal Service for Labour and Employment (hereinafter referred to as Rostrud), whose decisions are advisory in nature.
1.3. Participation in the work of the Public Council is carried out on the principles of voluntariness, self-government, publicity, independence in making decisions within the competence of the Public Council. Members of the Public Council carry out their activities on a voluntary basis and on a no-cost basis.
1.4. The Public Council is governed by the Constitution of the Russian Federation, generally recognized principles and norms of international law, international treaties of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, normative legal acts of the Ministry of Labour and Social Protection of the Russian Federation and Rostrud and these Regulations.
II. Functions, tasks and powers of the Public Council
2.1. The Public Council promotes the development of interaction of Rostrud with civil society institutions in the process of implementation by Rostrud of the powers established by the legislation of the Russian Federation and affecting the rights and legitimate interests of citizens of the Russian Federation in the spheres of labour, employment, alternative civilian service and social protection of the population.
The Public Council ensures public control over the activities of Rostrud and state civil servants of Rostrud within the powers established by the legislation of the Russian Federation and these Regulations.
2.2. The main tasks of the Public Council are: improving the effectiveness of interaction of Rostrud with civil society institutions in order to ensure openness and clarity in the procedure for making decisions by Rostrud that affect the rights and legitimate interests of citizens of the Russian Federation;
Ensuring the participation of citizens of the Russian Federation and civil society structures in the process of preparing these decisions;
Promoting of a system of social partnership in social and labour sphere;
Facilitating the de-bureaucratization of relations between state civil servants, citizens of the Russian Federation and civil society structures;
Assistance in raising the awareness of citizens about the functions, tasks and powers of Rostrud, its role and place in the state system for ensuring the constitutional rights of citizens to work in conditions of safety and hygiene, to protection against unemployment, to social protection and to alternative civilian service.
2.3. The powers of the Public Council.
The Public Council has the right to initiate and prepare proposals:
on the improvement of state policy in the spheres of labour, employment, alternative civilian service and social protection of the population, on the development of legislation regulating of social relations in these areas;
on the improvement of the performance of the supervision (control) function of Rostrud over compliance with this legislation, the development of law enforcement practices in the spheres of Rostrud activities, including proposals for improving the organization of monitoring the development of the situation in these areas;
for ensuring the completeness and quality of public services provided by Rostrud in accordance with the law;
on the improvement of the activities of Rostrud associated with the implementation of the powers to assist the parties to social partnership in resolving collective labour disputes, in cases provided for by law;
on the development and implementation of anti-corruption programs in the public service system of Rostrud;
on the development of methodological basis for work of the commissions of Rostrud to comply with the requirements of official conduct and settlement of conflicts of interest;
on improving the norms of labour professional ethics and rules of business conduct of civil servants in the provision of public services to legal entities and individuals, as well as mechanisms to ensure their compliance;
on the development of a system of performance indicators for professional performance of public civil servants in the provision of public services to legal entities and individuals;
on the development and implementing effective tools for interaction between Rostrud and civil society institutions in order to increase the openness of the state civil service of Rostrud and its accessibility to public control;
on improving the monitoring system of public opinion on the effectiveness of the civil service and the effectiveness of professional performance of state civil servants of Rostrud.
The powers of the Public Council also include:
hearing on the priority areas of the Rostrud activity;
conducting preliminary discussion of draft of normative legal acts and other documents, including those developed by Rostrud or in the development of which Rostrud participates, including mandatory preliminary discussions at the meetings of the Public Council, if they relate to the composition of acts and documents that can not be accepted without preliminary discussion at meetings of public councils with federal executive bodies approved by the resolution of the Government of the Russian Federation on September 1, 2012 No. 877;
consideration of budget execution reports;
consideration of reports on the implementation by Rostrud of state control (supervision) in the relevant spheres of activity and on the effectiveness of such control (supervision);
consideration of plans for counteracting corruption in the federal executive body, as well as reports and materials on the progress and results of their implementation;
participation in the work of the attestation commissions and competitive commissions on the replacement of posts in accordance with the procedure determined by the head of Rostrud;
monitoring of public declarations the head of the Rostrud and /or public plans of Rostrud activities;
the evaluation of activity of Rostrud in accordance with the procedure determined by the Public Council, including on the basis of the evaluation of the results of budget execution carried out by the Public Council, the annual reports of the head on the results of activity of Rostrud, the evaluation of the results of monitoring the quality of the provision of public services and on the basis of consideration of the plan for countering corruption and Reports on the progress of its implementation.
the Public Council, together with the head of Rostrud, has the right to determine the list of the most important issues related to the sphere of activities of Rostrud, which are subject to mandatory consideration at the meetings of the Public Council, other issues are considered as necessary, according to their significance.
to implement these powers, the Public Council has the right:
to invite to the meeting of the Public Council the heads of federal executive authorities, representatives of public associations and organizations;
on the issues referred to the competence of the Public Council to create commissions and working groups, which in agreement with the head of Rostrud may include state civil servants, representatives of public associations and organizations;
to organize public expertise of draft regulations;
to inform the public about the activities of the Public Council;
to send appeals to federal executive bodies.
III. The procedure for the formation of the Public Council
3.1. The composition of the Public Council is formed by Rostrud in cooperation with the Public Chamber of the Russian Federation. The Public Council includes members of the Public Chamber of the Russian Federation, independent experts from the government bodies of the Russian Federation, representatives of interested public organizations and other persons.
3.2. Candidate member of the Public Council should meet the following criteria:
to have knowledge and work experience in the spheres of labour, employment, social protection of the population, alternative civilian service in one of these areas;
to have practical skills in lawmaking, law enforcement and organizational activities in these areas;
to have experience of expert, scientific or other research work in the spheres of Rostrud activity;
be able to conduct public discussions, including - in the media, on advocating for public interests in these areas.
Priority is given to candidates who meet most of these requirements, having recognized authority in the professional environment and in the society, having passed all the procedures for agreeing their candidatures in accordance with this Regulation.
3.3. A person who in accordance with Federal Law No. 32-FZ 5 "On the Public Chamber of the Russian Federation" from April 4, 200 can not be a member of the Public Chamber of the Russian Federation also can not be a member of the Council.
3.4. The number of members of the Public Council under Rostrud should not exceed 35 people. The predominance in the Public Council of citizens representing or defending public interests in one of the areas of public, professional, scientific, information or other activities in areas where Rostrud is exercising his powers is not allowed.
3.5. The composition of the Public Council is formed from the number of candidates nominated to the members of the Public Council by
1) The Public Chamber of the Russian Federation;
2) Members of the Expert Council under the Government of Russian Federation;
3) Members of advisory and expert bodies, councils and groups under Rostrud;
4) Associations of trade unions, employers' associations and other representatives of employees and employers who, in accordance with the current legislation, represent the interests of social partners in the social and labour sphere of public relations, as well as public associations and other organizations whose purpose is to represent or protect Public interests in the sphere of Rostrud activities;
5) The head of Rostrud.
3.6. In order to form the composition of the Public Council, a notice on the start of the procedure for forming the composition of the Public Council (hereinafter - notification) is posted on the official website of Rostrud in the information and telecommunication network Internet.
In the event that the composition of the Public Council is formed in connection with the expiry of the term of work of the current members of the Council, the notification must be posted on the official website of Rostrud in the information and telecommunications network Internet no later than 3 months before the expiration of the powers of the current membership of the Public Council.
The notice must specify the requirements for candidate members of the Public Council indicated in paragraphs 3.2 and 3.3 of this Regulation, the deadline and the address of the letters of nomination of candidates to the Public Council by organizations and persons indicated in subparagraphs 1-5 of paragraph 3.5 of this Regulation. The specified term can not be less than one month from the moment of posting the notice on the official website of Rostrud in the information and telecommunication network Internet.
3.7. Simultaneously with the posting on the official website of Rostrud in the information and communication network Internet the notification is sent to the Public Chamber of the Russian Federation.
3.8. Organizations and persons send a letter to Rostrud about nominating candidates for membership in the Public Council, in which they indicate the candidate's surname, name, patronymic, date of birth, information on the candidate's job place, citizenship, on his compliance with the requirements to the candidates for membership in the Public Council, and the lack of restrictions on entry into the Public Council.
A biographical note containing information on the applicant's work and social activities, as well as the written consent of the candidate to join the Public Council, the placement of the information on the candidate on the official website of the federal executive authority in the information and telecommunications network Internet, should be attached to the letter of nomination, such information should be disclosed in a different way for the purpose of public discussion of candidates members of the Public Council, as well as the processing of personal data by Rostrud in order to form the composition of the Public Council.
3.9. Within ten working days from the date of completion of the deadline for receiving letters on the nomination of candidates for membership in the Public Council, the executive body forms a consolidated list of nominated candidates.
3.10. The consolidated list of candidates is sent to the Public Chamber of the Russian Federation for consultations and approvals.
3.11. Based on the results of the nomination process and the results of study of the candidates' compliance with criteria, the qualification requirements, taking into account the recommendations of the working group
of Public Chamber (hereinafter - the Working Group), the Public Chamber of the Russian Federation forms a "large list" of candidates.
3.12. Prior to their approval, the proposed candidates for the Public Council pass a broad public discussion using e-democracy tools, following which the Working Group forms a "short list" of candidates.
3.13. On the basis of a "short list" the Public Chamber of the Russian Federation is consulting with the leadership of Rostrud. After consultations and approval of Rostrud approves the personal composition of the Public Council.
3.14. Within 5 days from the date of its approval the composition of the Public Council is posted on the official website of Rostrud in the information and telecommunication network Internet.
3.15. The Chairman of the Public Council and the Deputy Chairman of the Public Council are elected at its first meeting from among the nominations made by members of the Public Council and the head of Rostrud, by open vote.
3.16. The term of work of the members of the Public Council ends three years after the day of its first meeting. The number of terms of work of a member of the Council is not limited.
Three months before the expiry of the term of work of the Public Council, the head of Rostrud initiates the procedure for the formation of the next membership of the Council.
In agreement with the Council of the Public Chamber of the Russian Federation, public associations, organizations whose representatives are members of the Public Council, as well as members of the Public Council, the head of Rostrud has the right to extend the powers of the members of the Public Council for another term. At the same time, the efficiency of work and the personal desire of each member of the Council are taken into account.
3.17. The reasons for the early exclusion of a member of the Public Council from the Council are:
personal written statement of a member of the Council;
incapacity of a member of the Council, established in accordance with the procedure determined by law;
the entry into legal force of the conviction of a court against a member of the Council;
petition of public associations, other organizations and persons specified in paragraphs
3.1, 3.5 of this Regulation, and nominated this candidature for the Council;
petition of the Public Council adopted on the proposal of the members of the Council or the head of Rostrud (the decision is considered adopted if 2/3 of the total number of the members of the Council voted for it);
non-participation in 2 or more meetings of the Public Council in succession without good reason (the reason is considered valid if more than half of the members of the Public Council participating in each meeting in which the member of the Council did not participate voted for its recognition);
the lack of initiative of a member of the Public Council during a year of work in the Council, expressed in the absence of proposals or opinions on issues discussed at the meetings of the Council.
Disputes on the exclusion of a member of the Public Council from the Council, whose permission had no results in the Public Council under Rostrud, are resolved by the head of Rostrud following consultations with the Council of the Public Chamber of the Russian Federation and other interested parties.
The head of Rostrud makes the decision to exclude a member of the Public Council from the Council is and formalize it by his order.
Additions and changes to the Provisions on the Public Council, in part determining the procedure for the formation of the Public Council and its governing bodies, are not grounds for excluding members of the Public Council from the Public Council or withdrawing them from the composition of its governing bodies.
3.18. In the territorial bodies of Rostrud, if necessary, public councils can also be created. The procedure for the formation and organization of the activities of such councils is determined by the heads of the territorial bodies of Rostrud in consultation with the head of Rostrud, the Public Council under Rostrud and other organizations in accordance with the current legislation and this Regulation.
IV. Organization of the activities of the Public Council
4.1. The main form of activity of the Public Council is meetings that are held at least once a half-year and are considered eligible if at least half of its members are present. According to the decision of the chairman of the Public Council, coordinated with the head of Rostrud, an extraordinary meeting can be held, as well as an absentee meeting.
4.2. Chairman of the Public Council:
- organizes the work of the Public Council and directs it;
- represents the Public Council in the federal bodies of state power of the Russian Federation, state authorities of the subjects of the Russian Federation, municipal authorities, other bodies, institutions and organizations of all forms of ownership in the territory of the Russian Federation and abroad, and also conducts correspondence with them;
- makes the suggestions to the head of Rostrud for clarifying and supplementing the composition of the Public Council;
- coordinates the activities of members of the Public Council;
- organizes the interaction of the Public Council with the Public Chamber of the Russian Federation;
- in agreement with the head of Rostrud determines the priority areas of the Public Council in accordance with this Regulation and submits them for approval by the Public Council;
- confirms the work plans of the Public Council;
- in agreement with the head of Rostrud appoints the date, time, place of the extraordinary meeting of the Public Council;
- if necessary, takes a decision to hold an absentee meeting of the Public Council, whose decisions are taken by interviewing its members;
- presides over the meetings of Public Council;
- signs the protocols of the meetings of the Public Council (including absentee meetings) and other documents of the Public Council, including letters, inquiries, information on the work of the Public Council, etc.;
- cooperates with the head of Rostrud on implementation of the decisions of the Public Council;
- exercise other powers necessary to perform the functions of the Public Council and to solve its tasks in accordance with this Regulation.
4.2.1. Deputy Chairman of the Public Council:
- on behalf of the Chairman of the Public Council presides at meetings and performs other duties of the chairman in his absence (leave, illness, etc.);
- participates in the preparation of the work plans of the Public Council, the formation of the team experts and other persons invited to the meeting of the Public Council;
- ensures a collective discussion of issues submitted to the Public Council.
4.3. Members of the Public Council have the right:
- on the written request of the chairman of the Public Council, coordinated with the head of Rostrud, to represent the Public Council in the federal bodies of state power of the Russian Federation, state authorities of the subjects of the Russian Federation, municipal authorities, other bodies, institutions and organizations of all forms of ownership in the territory of the Russian Federation and abroad, as well as communicate with them;
- to preside in commissions and working groups formed by the Public Council;
- to make proposals on the formation of the work plans of the Public Council and on the agenda of the meetings of the Council;
- to study the documents and materials on issues submitted for discussion of the Public Council at the stage of their preparation;
- to send applications for speech on the agenda of the meeting of the Council (applications are submitted to the chairman of the Public Council in writing on paper or electronic media);
- to propose candidates for participation in the meetings of the Public Council;
- to make proposals on the topics and issues under discussion (proposals are submitted to the chairman of the Public Council in writing on paper or electronic media);
- in case of disagreement with the decision taken by the Public Council, to draw up in writing his/her dissenting opinion on the issue under consideration, which is to be attached to the protocol of the meeting of the Public Council;
- in agreement with the chairman of the Public Council and the head of Rostrud, to participate as experts in the work of the attestative, competitive commissions of Rostrud and the commissions for observing the requirements for the conduct of civil servants of Rostrud and for resolving the conflict of interests in the civil service.
- to learn the citizens' appeals, including those directed with the use of the information and telecommunication network Internet, about violation of their rights, freedoms and legitimate interests in the sphere of Rostrud's competence, as well as with the results of consideration of such appeals, in the manner determined by the head of Rostrud;
- to participate in the reception of citizens carried out by officials of the federal executive body in the manner determined by the head of Rostrud;
- to request reporting on the implementation of the recommendations of the Public Council sent to Rostrud.
4.4. The members of the Public Council shall:
- to personally participate in meetings of the Public Council (members of the Public Council may not delegate their powers to other persons);
- to prepare materials for the meetings of the Council and draft decisions on them on the basis of the work plans of the Public Council and other instructions of the Public Council;
- to timely notify the chairman of the Public Council and the head of Rostrud about the impossibility of his participation in the regular meeting of the Public Council and the reasons of it;
- to comply with the ethics code of a member of the Public Council, which is approved by the Public Council.
4.5. The Public Council carries out its work on the basis of semi-annual or annual plans.
The work plan of the Public Council is formed on the basis of the proposals of the members of the Public Council and the head of Rostrud, includes the dates for the conduct of regular meetings, a list of issues to be considered, other events and the place of their conduct.
The work plan is coordinated with the members of the Public Council, the head of Rostrud, and is approved by the chairman of the Public Council.
Proposals for amendments to the previously approved work plan shall be submitted in writing by the members of the Public Council to the chairman of the Public Council, agreed with the members of the Public Council, the head of Rostrud and approved by the chairman of the Public Council.
4.6. To ensure the activities of the Public Council, the head of Rostrud, if necessary, may appoint a responsible Secretary of the Council from among the staff of Rostrud.
The rights and duties of the Secretary of the Council are determined by the head of Rostrud in consultation with the chairman of the Public Council.
The executive Secretary of the Council is not a member of the Public Council.
4.7. Organizational and technical support for the activities of the Public Council and ensuring the participation of members of the Public Chamber of the Russian Federation in its work is carried out by the planning, interaction with regions and control in cooperation with the Department of Affairs and the Information Technologies Department in the manner determined by the head of Rostrud.
V. Regulations of the Public Council
5.1. The regulations of the Public Council are coordinated with the head of Rostrud and approved at a meeting of the Public Council.
5.2. The Regulations of the Public Council establish:
- the procedure for the participation of members of the Public Council in its activities;
- terms, procedures for preparation and holding of meetings of the Public Council;
- the procedure for the formation and functioning of the commissions and working groups of the Public Council, as well as the procedure for election and the authority of their leaders;
- the order of consideration of initiatives to termination and suspension of powers of members of the Public Council in accordance with this Regulation;
- the procedures and order of decision-making of the Public Council;
- the procedures involving work of public associations whose representatives were not members of the Public Council, as well as experts and other persons, the forms of their interaction with the Public Council;
- the order of preparation and carrying out of activities of Public Council;
- other issues of internal organization and the procedure of the Public Council in accordance with this Regulation.
5.3. The protocols of the meetings of the Public Council (in the originals), as well as accompanying materials, are kept in the archive of Rostrud.
VI. The procedure for the participation of invited and other persons in meetings of the Public Council.
6.1. According to the decision of the Public Council, coordinated with the head of Rostrud, representatives of public authorities, public associations, scientific institutions, experts and other specialists may be invited to the meetings of the Public Council to provide the necessary information and opinions on the matters considered by the Public Council. Representatives of the mass media can attend the meetings of the Public Council at the invitation of the Public Council in the manner established by the legislation of the Russian Federation, this Regulation and the decision of the Public Council.
6.2. The head of Rostrud and his deputies are entitled to attend any meeting of the Public Council, invite Rostrud staff and other persons as experts and consultants.
6.3. Members of the Public Chamber of the Russian Federation who are not members of the Public Council under Rostrud, as well as representatives of public associations and organizations, other persons who have expressed a desire to attend the meeting of the Public Council, shall notify the chairman of the Public Council and the head of Rostrud about it not later than ten days before the next meeting.
VII. The procedure for posting information about the Public Council and its activities on the official website of Rostrud in the information and telecommunication network Internet.
7.1. Official information on the Public Council and its activities is placed
on the official website of Rostrud in the information and telecommunication network Internet (hereinafter - on the website of Rostrud) at: www.rostrud.ru in the section "About Rostrud", in the subsection "Coordination and advisory bodies".
Information on the Public Council and its activities, posted on other sites in the information and telecommunications network Internet is not official. Rostrud and its officials are not responsible for the content and posting of information on other sites.
7.2. The mandatory list of official information for posting on the Rostrud website includes:
- order of Rostrud on the formation of the Public Council;
- provisions on the Public Council;
- information on the beginning of the procedure for the formation (reformation) of the Public Council;
- a consolidated list of candidate members of the Public Council for a period until the approval of the composition of the Public Council;
- list of members of the Public Council with indication of the surname, name, patronymic, position or occupation, as well as the full name of the public association, other organization or position, surname, name of the person who nominated this candidate member of the Public Council to the Council;
- the plan of the meetings of the Public Council;
- announcement of the next meeting of the Public Council with the agenda of the meeting;
- information on the postponement of the meeting of the Public Council and on the changes in the agenda;
- protocols of the meetings of the Public Council, in terms of the composition of the participants in each meeting and the decisions taken on them;
- reports on the activities of the Public Council for a half year or for a year, approved at a meeting of the Public Council.
7.3. A special procedure for posting information on the Public Council and its activities on the Rostrud website is provided in the case of:
- publication of a dissenting opinion of a member of the Public Council on issues discussed at meetings of the Council. Publication is possible only upon agreement in writing with a member of the Public Council who has written such an opinion;
- publication of any other information on the activities of the Public Council, except as indicated in section 7.2 of this Regulation. The publication is possible only after a written agreement with the chairman of the Public Council.
7.4. The head of Rostrud has the right to independently decide on the placement of any necessary information on the activities of the Public Council and approve its content.
CONTACT INFORMATION
Address: 1, Birzhevaya Square, Moscow
The direction of applications by individuals and legal entities to the members of the Public Council under the Federal Service for Labour and Employment is possible via the e-mail of the responsible secretary of the Council, the head of the Legal Department of Rostrud:
Roman Strakhov - strahovra@rostrud.ru
Tel: +7 495 698 87 50
For further information, please contact the responsible for organizational matters of the Public Council, Deputy Head of the Legal Department:
Olga Korchemkina - korchemkinaon@rostrud.ru
Tel: +7 495 698 82 36