If previously the obligation to provide justification was not limited by any time frame, now the employer is given the opportunity to do so. one week.
After this number of days, in the absence of a document, he may be held accountable.
Thus, this norm is aimed at more reliable protection interests of citizens when applying for a job than it was before.
Illegal reasons
The Labor Code clearly outlines provisions that prohibit discrimination against applicants on any basis. However, in practice, employers rarely comply with this requirement, refusing to hire people for subjective reasons.
To the most widespread Reasons for illegal refusal include:
Of course, all this does not mean that a manager should hire older people or pregnant women solely on the basis of these signs. But still, the main criterion of suitability for a vacant position is the suitability of the candidate’s business qualities for it.
Therefore, if there is confidence that a failure has occurred for a subjective reason, we can talk about a violation of the rights of the applicant.
Categories of citizens who cannot be refused
The Labor Code directly identifies certain categories of citizens who, when applying for employment must be hired. These include:
In these cases, refusal to hire will be direct violation of the law, and the manager may face serious sanctions - from litigation to large fines.
Legal grounds
Who may not be hired and for what job? Protecting the rights and interests of job seekers, the Labor Code provides for employers legal grounds for refusal. The main ones include:
Certain organizations established by law cannot accept Foreign citizens or persons who do not speak Russian. For work related to toxic, narcotic or psychotropic substances, certain restrictions.
The state also obliges the employer to require you to have military ID for the purposes of maintaining military records.
Justification for refusal
How to correctly, competently and politely refuse an applicant: oral conversation and written justification? As a result of interviews and competitions for a vacant position in the company, there is only one worthy candidate, and the rest are eliminated.
To avoid possible conflicts with them, it is important to inform everyone (if possible) reasoned reason for refusal. And this reason must be legally permissible, without signs of discrimination.
When arguing the grounds for refusal, it is important to focus specifically on legal grounds– for example, insufficient computer skills or foreign language. If you communicate that a person of a different age or gender is needed for a position, this may become basis for the claim on the part of the applicant, because this is a direct violation of Article 64 of the Labor Code of the Russian Federation.
An rejected candidate has the right to demand from the employer written response– this document must indicate the reasons for the refusal.
It is also advisable to justify this decision insufficient level of required business qualities: no work experience, education, market knowledge, etc.
When drawing up a notification, you should remember that in the future it may become basis for litigation– the more legitimate the reasons indicated in the justification, the less chance the applicant will have in court. It is necessary to draw up a written justification and send it to the candidate within 7 days from the moment of application.
Reasoned polite refusal to hire.
Reasoned refusal to hire.
Actions of a discriminated citizen
In the event that a candidate for a position is confident that the refusal to hire is unfounded, he can sue your employer.
Before doing this, you must ask him written justification– if it is not provided within deadline, the employer will also be subject to certain sanctions.
The employee has the right to demand from the court eliminate signs of discrimination against him, as well as to compensate for the damage caused and moral damage. Arbitrage practice shows that when considering the majority of cases of this kind, decisions are made in favor of the employee - of course, if violations actually occurred.
The following penalties may be applied to an employer for an unreasonable refusal to hire: responsibility:
- disciplinary (reprimand, reprimand, dismissal);
- administrative (fine up to 5,000 rubles or disqualification for a period of 1 to 3 years);
- criminal (fine up to 200,000 rubles or compulsory work for a period of 120 to 180 hours).
The last sanction is the most strict and applies only in one case - if the candidate who was wrongfully refused was a pregnant woman.
Applications for a written explanation of the reasons for refusal to hire.
Results
Business managers and personnel department employees should remember legal requirements regarding the recruitment procedure. In particular, about those issues related to refusal of applicants - the grounds for this must really be weighty and legitimate.
If this requirement is not met the employer may be held liable– the candidate has the right to appeal an illegal refusal in court. Measures against the violator may be disciplinary in nature, or may lead to the imposition of a large fine.
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Long weeks of searching for a suitable vacancy, sending a resume, anticipation of an interview and - disappointment: you were not accepted. Some people take refusal lightly: well, they refused and refused, I’ll find more vacancies. For some
this problem is very painful, worries coupled with a bad mood lead to depression, due to which the desire to do anything disappears, let alone try to find a job again.
Typically, refusal comes in two forms:;
1. ... (Complete ignorance on the part of the employer - no news after the promising “We’ll call you”).
2. “Sorry, you are not suitable for us” And if in the first case you can rarely achieve anything, then in the second you can get advice or recommendations. Judge for yourself: if the company didn’t even bother to notify you about the refusal, what other options might there be if you ask “Why?” or ask to name a couple of places that also need a person to fill a similar vacancy. (It should be noted that this is one of the features of the Russian conduct of such cases, because in the same West You will always get it.) If you received a call or were informed in the office after an interview that you are not suitable for working in this company, the possibility of dialogue is more than likely, as is the possibility of obtaining a result. A couple of telephone numbers, company names and names will help you not to lose confidence in yourself - even if they turn out to be useless, the employer has done everything possible to not let you despair. The problem is that people upset by a refusal do not want to ask the employer anything at all, subconsciously fearing that they will be even more upset. It is better to provide feedback in any case - even if you were ignored altogether - because sometimes the employer himself expects interest from the applicant. Even if he doesn’t wait, he will remember you and turn his attention to you. Perhaps, seeing persistence or at least interest in the reasons, he will schedule another interview. By the way, when you contact the employer again, be sure to thank him for his time and conducting the interview - it’s purely a formality, but it’s nice.
Ideally, you should ask where you made a mistake in order to avoid similar mistakes in the future. Honesty will entail honesty and the employer will tell you the truth: either the work experience is insufficient, or the professional skills are not enough, and perhaps it’s not about you at all - you are good professional
in your field, but another, slightly more professional one, overshadowed you and prevented you from getting a job.
In any case, do not forget that no one is stopping you from trying your luck elsewhere. Even without recommendations, on your own, try to search again and again. in management, incomplete higher construction and basic in office management. I worked at the enterprise for almost 20 years, I even have the title of labor veteran of a no longer existing enterprise. For the last 4 years I have been a mid-level manager. “Average” - that’s how they treated me at this enterprise, so I was especially glad to get laid off (hypocrisy, discussing someone and gossip are alien to me, and I don’t like these qualities in people, that’s why they openly hated me).
And now I have a thought in my head - to leave this life because I can’t find a job. The city-forming enterprise, which included our factory, is also being reduced and optimized. The employment center has only one answer - there are no suitable vacancies. Not in any organizations. On my own initiative, I asked Central Protection specialists to give a referral to several organizations - everywhere I received a refusal (somewhere they openly talked about age, I’m 45 years old, somewhere they provided me due to lack of experience, although experience was not required in the requirements for the applicant). I sent my resume to almost all organizations. Someone was more courageous and they answered me with a refusal, someone simply looked through it and received no feedback. I went to the regional center several times at invitations for interviews, but they also refused. In some cases, my rivals were young people, in other cases - refusals due to long-distance travel to the place of work, and besides, older ladies. Telephone employment negotiations are immediately refused due to age. There was a case when a young man even got rude after finding out his age (an employee was needed to answer the phone at a bookmaker’s office). Cleaners are needed without education and musculoskeletal diseases.
Where I applied: Sberbank (consultant), stores (director, salesperson, merchandiser, storekeeper - this refusal is the funniest, because this is the area I have always worked in), Gosstrakh (consultant), private security (secretary for the period of December. otp.), etc., etc.
I grew up in the USSR, I have no commercial acumen. Therefore, creating some kind of business is a dark forest for me.
And besides, the city is closed. And all the natives are relatives and acquaintances of each other, and we are newcomers, according to the distribution program after graduation (1991 is the year of the last distributions).
Unemployment benefit 5880, last 3 months.
This situation is pushing me to leave so as not to disturb anyone, not to be a burden. Former spouse pulls his youngest student son. The eldest son somehow survives on 10,000 a month (he lives with his mother-in-law and feeds the dog). Dad really helps there too.
Sometimes you want to burst into tears, but from powerlessness there are no tears. Just one thought...
The problem that many job seekers face when trying to get a job is a banal refusal. What is the reason? And what can a candidate do in this situation? The “Success” TV channel discussed these issues with Vladimir Yakuba, a regular expert on the “Personnel Decide” program.
There can be a variety of reasons why an employer refuses to hire, but often applicants hear something vague like: “You’re not a good fit for us.” According to Article 64 of the Labor Code of the Russian Federation, “at the request of a person who is denied custody employment contract, the employer is obliged to provide the reason for the refusal in writing.” The article also clearly states that refusal cannot be carried out due to “gender, race, color, nationality, language, origin, property, social and official position, age, place of residence (including the presence or absence of registration at the place of residence or stay), as well as other circumstances not related to the business qualities of employees.”
What are the most popular reasons that influence an employer’s decision to refuse a candidate a desired position?
So, 10 reasons for refusal to hire:
1) Salary
The question of whether to approve an applicant for a position or not is decided by itself when it comes to salary. The demand for a high salary with a low level of professionalism and vice versa - the consent of a professional to work for low pay - is the main reason for refusals. In the first case, the employer may see the applicant as a so-called “freeloader,” and in the second, he may be wary, because he will likely suspect that the applicant is hiding some facts.
2) Lack (or excess) of professionalism
An equally popular reason for refusal. Very often, prestigious and well-paid jobs are sought after by those who do not have sufficient skills or knowledge.
3) Lack of punctuality
Being late can not only create a bad reputation, but also take you out of the game altogether: the employer may refuse to interview you altogether or, in order to save time, call the next candidate, who, even with less professionalism, will look much more advantageous compared to someone who was late or did not show up for an interview at all. applicant.
4) Defiant behavior or inappropriate appearance
To make the right impression in an interview, your best bet is to research the employer's character in advance. Some conservatives may be put off by facial piercings or bright hair colors, but there are also employers who are annoyed by sharply dressed and slick-haired individuals. One way or another, tactlessness and neglect on the part of the applicant will not please anyone.
5) Lack of qualities necessary for successful work in this position (as well as the presence of qualities that interfere with work)
The lack of qualities is to some extent associated with a lack of professionalism, but if the latter is knowledge and skills (foreign languages, the ability to provide first aid, etc.), then the qualities are the personal, personal characteristics of a person. For example, a lack of mobility and leadership qualities may interfere with applying to a certain professional field, but will not become a barrier if the applicant wants to work in another industry.
This also includes bad habits, the presence of which may also influence the employer’s decision.
6) False information and negative recommendations
Wanting to appear in a more favorable light, some applicants distort information about themselves, adding non-existent data to their resumes or embellishing existing achievements. Needless to say, nothing good happens when a deception is discovered?
7) Illiterate resume writing
If when writing your resume you deviate from generally accepted rules compiling it, there is a high probability that you will be a loser. Literacy also affects the impression you make - you should not recommend yourself as an illiterate person, besides, it is much more pleasant for the employer to read a resume in which there are few or no errors.
8) Too high or too low self-esteem
It’s easy to find the golden mean - be modest, but confident, soberly assess yourself and your capabilities.
9) Frequent job changes
The excuse “I tried to find what suits me best!”, as a rule, rarely works. Only if there are positive recommendations from previous places of work can the employer’s wariness disappear, otherwise the applicant will be considered either a very conflicted person or unsuitable for work due to other personal qualities. Neither of these, of course, will put you in a winning position.
10) Unpreparedness for an interview
This sometimes includes lack of punctuality and defiant behavior, but now we are talking about a psychological state. For example, if an employer feels insecure on the part of an applicant, then there is a high probability that he will refuse him.
In addition to those listed above, there are other “so-called” reasons that employers voice only in order not to upset the applicant and prevent him from losing self-confidence:
Insufficient level of foreign language proficiency or insufficient computer skills;
A message about another candidate who turned out to be stronger and more suitable for the position;
- “vacancy filled by internal candidate”;
Message about the “freezing” of a vacancy.
The first thing you need to do when you hear something like this is to calm down. After all, these reasons can be both “imaginary” and real. Of course, it is not easy to maintain composure and a sober view of the situation in a situation of permanent stress. Still, try to analyze:
How accurately do you assess your professional qualities? (perhaps you are belittling them?).
How prepared did you come to the interview (after all, it’s worth not only revising your resume, portfolio, etc., but also learning more about the company you’re going to).
How ready and open are you to communicate? (That’s why it’s a CO-conversation; you shouldn’t be a silent beech or show with all your appearance that everyone around you owes you).
The main thing is to remember that when a person is passionate and does his job with joy, he will definitely succeed. The rest is just a matter of time.
Also try to view the job search process as an opportunity to get to know others. interesting people, as an entertaining process in which you can build a strategy and think through tactics, as an experience that will definitely become useful for your personal growth, and for yours professional qualities.
If you are currently looking for a job, we hope that you found our recommendations useful.
You will definitely succeed! We wish you success!
After every unsuccessful interview, self-confidence melts before our eyes. In this situation, it is quite difficult not to fall into despair. In order not to give up on yourself, it is very important in this case to instill in yourself the idea that a negative result is, first of all, an experience.
After another refusal, switch your attention and focus not on your internal state, but on the circumstances outside world. Make it clear to yourself that blaming others for your troubles and looking to justify yourself will not only not give positive results, but will also seriously damage your nerves. Don't stop your job search just because it hasn't been successful yet. The more attempts you make, the greater the likelihood of a favorable outcome of your actions. But you will most likely have to change your approach to the search and your behavior during the interview. Analyze your behavior at a meeting with your future leader.
Unfortunately, most people fail to analyze themselves impartially, so unbeknownst to themselves, they begin to engage in self-examination and self-flagellation. To avoid this, combine thoughtful analysis with proactive action. This will give you the opportunity to test in practice the conclusions you came to while thinking about the problem. When talking with a potential employer, determine his way of thinking. In other words: when answering an interlocutor’s question, the ability to grasp his expectations plays an important role. Very often people talk about the same thing, but different languages. I can give you this example: a friend was looking for a job in human resources management. Irina (let's call her that) had extensive experience in this area, achieved good results in previous place work, but circumstances were such that she decided to change companies. At an interview with an employer, she was asked to talk about past work. The girl talked about the projects she was involved in, describing the whole picture. However, the interlocutor expected details from her: for example, how many employees passed certification, how much their salaries increased, and what she, as an HR specialist, did for this. It was difficult for Irina to quickly answer such questions.
Later, she realized that it was simply necessary to adapt to the interlocutor, and she prepared for a new interview more carefully. This tactic soon bore fruit, and, despite many previous refusals, she found a decent job. After failure, obvious things are often needlessly rejected. Failure is primarily an experience. Of course, if you are an adult and are able to benefit from it. Cultivate an attitude not to try to avoid failure, but to get a positive result. That is, if at your last place of work you worked in a female team and suffered from this, do not think that you would like to see fewer women in the new company, but hope to meet a friendly and well-coordinated team.
Natalya Tochilkina
Based on materials from Trud