Denial of employment
Unfortunately, not all interviews for successful applicants. There are cases when a few days after the interview the recruiter informs the applicant: "You do not come to us", and in most cases, the cause of failure could not be explained. Than may be due to the refusal to work?
In General, article 64 of the labour code prohibits unwarranted denial of employment. Under unmotivated refusal means the refusal, not connected with business qualities of the applicant. 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 is not always applied. Everyone knows that to find work after forty can be very difficult — the employer can find a hundred reasons to deny you employment, but in fact, the main reason is age. Similarly, it is not easy to get a job the woman with a small child. What to do if you suspect that the denial of employment was not due to a lack of the needed business skills?
By law the employer is obliged to inform the reason for the refusal in writing upon your request. If the employer has found it, or if the reason stated by him is contrary to the Labor Code, you have the right to appeal against refusal to enter into 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.
In some cases, the refusal of employment is legal? The Labour Code outlines the conditions under which the employer is entitled to terminate the applicant's employment. So, if the applicant has not reached the age at which permitted to conclude an employment contract, the employer has the right not to take him to work. In most cases the minimum age is 16 years. if we are talking about public service — 18. In some cases the age can be reduced, but this involves additional terms (you can read about in the article "Summer jobs for teenagers" ).
Harmful production can also be a legitimate reason for refusing to work. 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.
Denial of employment may be due to the lack of the applicant's relevant education (of course, if the position requires a higher or secondary special education — porter or handyman "crust" is not needed, and deny him employment because of lack of higher education). The reason may be and the lack of other necessary documents. for example, a driver's license or a health record.
Refusal to conclude an employment contract is lawful, if the applicant refuses to comply with the requirements of the Labor Code. For example, an adult prior to employment shall undergo a medical examination and obtain a certificate of some form. If he refused to do so, the employer has every right not to take him on.
In some cases prohibition to engage in certain activities or hold certain positions may be a form of administrative or criminal liability. 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 have been denied employment, is first to assess the situation, and then to take some action. Make sure that the denial of employment was due to the lack of the needed qualities, or his reason was provided for in the Labour Code, other laws or regulations. If not, or if the reason you refuse to disclose — you may defend their right to work in court .