Legislation as an aid to the applicant

Good afternoon friends.



Today I want to share the news, which is not directly related to technical topics, but it concerns everyone who was denied a claim for a vacancy at least once. I think that everyone faced a situation when he found an vacancy on some job site (or otherwise found out about the availability of free space) and sent his resume. Tedious days of waiting passed and ... "Sorry, but you are not suitable for us," followed either from the received e-mail or phone call. In a completely modern version, when registering on the job site, you simply received a note that the employer refused you as a job seeker. And that is all.
')
Then you spend time in agonizing thinking (the degree of torment is directly proportional to the desire to get to this particular place and / or to this company) “Well, why? What's wrong? What does not suit? ". At the same time asking such questions to a potential employer is somewhat pointless. In the overwhelming majority of cases, you will receive an answer that no comments are given on this matter. Or no answer at all. Not you point.

But if you don’t want to put a full stop and you are wondering what can be done next, then welcome to the cat.


Few people know that this behavior of the employer ... Let's just say, is not particularly legal. If you open the labor law, then there, in addition to all the interesting things, you can also find article 64. Guarantees when concluding an employment contract. It reads as follows (I will quote what is important in my opinion):

Unjustified refusal to enter into an employment contract is prohibited.

Any direct or indirect restriction of rights or the establishment of direct or indirect advantages in concluding an employment contract depending on gender, race, color, nationality, language, origin, property, family, social and official status, age, place of residence ( including the presence or absence of registration at the place of residence or stay), attitude to religion, beliefs, membership or non-membership of public associations or any social groups, as well as each x factors unrelated to the professional qualities of employees, is not permitted, except in cases in which the right or obligation to impose such restrictions or benefits provided by federal laws.

...

It ended before all the following:

At the written request of the person to whom the employment contract is denied, the employer is obliged to state the reason for the refusal in writing.

Those. the problem was that at least upon request the employer was obliged to report the reasons, no deadlines were set for such a response. But from June 29, 2015, several amendments to the articles of the Labor Code were signed at once. Including article 64. And now the ending is:

At the written request of the person to whom the employment contract is denied, the employer is obliged to state the reason for the refusal in writing no later than within seven working days from the day the request is presented.

Those. now you don’t have to torture yourself and others “well, why ????”. If the question is fundamental, then write a request (not a request, as you can see) with the earlier rhetorical question “What's wrong?” And wait for an answer. And further, according to circumstances. You can and wrestle. And you can adjust your resume, pump skills, etc. But now, after receiving the answer, it is clear where to go and why the coveted company you are striving to get into for many years does not have any mutual love and affection for you.

And as a bonus, another very useful line from the same 64 article:

It is forbidden to refuse to enter into an employment contract for employees invited in writing to work in the order of transfer from another employer within one month from the date of dismissal from the previous place of work.

Those. if you decide to change jobs and received a written invitation, but the current employer asked you to work for two weeks, during this time others cannot change their mind. But such a thing sometimes scares ...