UNEMPLOYMENT AS A RISK IN SOCIAL INSURANCE

Abstract

The paper discusses in a comprehensive and systematic way the risk of unemployment as one of the most difficult and complex social cases in the social insurance system. The author provides an explanation of the concept and meaning of social insurance, the legal concept of unemployment risk, the basic assumptions of unemployment, and special attention is paid to the essential elements of this social risk. The author concludes that domestic law does not recognize the insurance of workers who are in a state of partial unemployment. However, the insurance of workers in case of partial unemployment, in essence, exceeds the "possibility" of our social insurance system. Also, the author emphasizes that our current law has overemphasized the importance of will or guilt in terms of unemployment insurance. The behavior of the worker in connection with the termination of the employment relationship is important, but we should not ignore the fact that he pays contributions in the event of someone else's unemployment, as well as his own. If due to objective reasons (a large number of unemployed, health insurance, etc.) it is necessary to limit the scope of protection of the unemployed, then the basis for this should be the type of employment relationship or a certain category of worker, and not his will or fault. It is one of the conditions for the legal development of the protection of the unemployed and to move from the material insurance system to the social insurance system in the true sense of the term.