Refusal of employment

In general, Article 64 of the LC RF prohibits an unmotivated refusal to apply for a job. Unmotivated refusal means a refusal not related to the applicant's business qualities. Reason for refusal can not be sex, race, color, nationality, language, origin, social, property and official position, age, place of residence, presence of children.

But, alas, in practice this law does not workalways. Everyone knows that finding a job after forty is very difficult - an employer can find a hundred reasons to refuse to hire you, but in fact the main reason is one - age. Similarly, it is not easy to get a job for a woman with a small child. What should you do if you suspect that the refusal to apply for a job was due not to the absence of the necessary business qualities?

According to the law, the employer is obliged to inform the reason for the refusal in writing on your demand. If the employer finds himself doing this, orif the reason stated by him contradicts the Labor Code, you have the right to appeal against refusal to conclude an employment contract in court. But if the employer managed to justify the lack of the necessary qualities, or if the reason for the refusal is stipulated by the law, nothing can be done about it.

In what cases is the refusal to apply for employment lawful? The Labor Code sets out the conditions under whichThe employer has the right to refuse the applicant in employment. So, if the applicant has not reached the age at which an employment contract is allowed, the employer has the right not to hire him. In most cases the minimum age is 16 years, when it comes to public service - 18. In some cases, this age may be reduced, but this is associated with additional conditions (they can be read in the article "Summer work for adolescents").

Harmfulness of production can also be a legitimate reason for refusingemployment. This mainly applies to women and minors: legislation restricts their work in harmful and difficult conditions. Admission of women and adolescents to work in difficult conditions is a gross violation of the law. Also in some cases, denial of admission to hard work for disabled people is possible, but all these cases are clearly stipulated by law.

Refusal to apply for a job may be due to and absence of the applicant's education (of course, if the post requireshigher or secondary special education - a loader or a handyman does not need a "crust", and you can not refuse to hire him because of a lack of higher education). The reason can be and absence of other documents necessary for work, for example, a driver's license or a health book.

Refusal to enter into an employment contract is also valid, if the applicant refuses to fulfill the requirements established by the Labor Code. For example, an adult mustto take a medical examination and obtain a certificate of a certain form. If he refused to do so, the employer has every right not to take him to work.

In some cases prohibition to engage in certain activities or hold certain positions can be a form of administrative or criminalresponsibility. Thus, an unexpunged or unpaid conviction for intentional grave and especially serious crimes means a ban on pedagogical activity in educational institutions. And administrative punishment in the form of disqualification implies a ban on holding executive positions in the executive body of a legal entity for a certain period.

So if you were refused employment,it is necessary to first assess the situation, and only then take some action. Make sure that the refusal to hire is due to a lack of the necessary qualities or reason was provided for by the Labor Code, other laws or regulations. If this is not the case, or if the reason you are notified is refused - you can quite defend your right to work in court.