Geekly Articles each Day
📜 ⬆️ ⬇️

Ministry of Labor: test task is an employment relationship


The original article "What's wrong with hiring in IT?" many broke the pattern of thinking a month ago. Not everyone was able to adequately perceive the essence of labor law. From jokes to business, now the Ministry of Labor and Social Protection of the Russian Federation takes the floor.


Below is the literal:


In accordance with Article 64 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), an unreasonable refusal to enter into an employment contract is prohibited if it is not related to the business qualities of the employee.
In order to verify its compliance with the work assigned to it in a labor contract, by agreement of the parties, a condition may be provided for the employee's testing (article 70 of the Labor Code of the Russian Federation).

UPD : the questions are given in the comments , this is a direct answer to the general question: "how to regulate the test task".


Therefore, a test task without an employment contract is immediately Art.5.27. Administrative Code :



We understand under the cut.


As proof, the answer is provided as it is page 1 and page 2 . The logic of the right aspect is stated in the original article. Therefore, will not be repeated.


So where does the wind come from?


To begin with, the labor laws of many countries are under the direct influence of the conventions and recommendations adopted under the auspices of the International Labor Organization (ILO). From here grows the legs of having an independent labor inspectorate, a unified maximum work time of 40 hours per week, requirements for the free provision of recruitment agencies for job seekers, and much more in a century of operation .


In the Labor Code of the Russian Federation there are gaps that are closed in ratified conventions or generally accepted principles. The testing procedure of candidates is not reflected in any way in the Labor Code of the Russian Federation due to the fact that it goes against international principles. These principles were originally laid down for NOT intellectual workers with the goal of completely eliminating discrimination and ensuring everyone a minimum wage.


That is why it comes out exactly as it was said in the original article - the employer MUST enter into an employment contract, if there is a vacancy, a fixed payment and the applicant claims that it meets the requirements. The maximum allowed is to CHECK DOCUMENTS about the availability of one or another qualification and to conduct an interview (from the word TALK), where the employer has the duty to tell about the upcoming working conditions, and not to torture the applicant with testing. The subtle point of opening the impostors was not laid into the principles. In essence, it is only possible to refuse on business qualities if the candidate does not confirm their presence or it is clearly opened at the interview.


So what should be the procedure for hiring?


There is a comparative law discipline. Let's look at one of the closest neighbors - Latvia. In the Labor Law of the Republic of Latvia there are such provisions (the essence of the stages is given):



p.32 Job advertisement



Note: my friends once had a conversation with the labor inspectorate after the announcement with the "young slim girl". Saved only using a phone number with an anonymous SIM.


Article 33 Employment interview



Article 34 Violation of the prohibition of employment discrimination



Article 35 Required documents for a labor contract



Article 36 Health check



Art.39. Employee and Employer Arrangement


An employment contract is considered CONCLUDED from the moment when the employee and the employer have agreed to pay and the employee has agreed to comply with the labor order and instructions of the employer.


Explanation: in Latvia, an oral contract has the same force as a written one - the difficulty is only in evidence.


Article 40 Form of employment contract



article 46. Purpose of the test



Article 47 Test result



Note: you do everything according to the procedure - no explanation is required!


st.48. On discrimination in testing


Well, you understand - there is a right to appeal in court within one month.



As everyone can see, the hiring procedure is arranged in steps and directly reflects internationally recognized principles of labor law. Unfortunately, some marginal companies in Latvia violate both local and international labor laws, even if explicitly indicated this. In Russia, no better. Lyrics: at least one company with a corporate blog on Habré can say that it does not give test items?


According to discrimination in Latvia: 1-3 months to appeal in court is connected only with restoration of labor rights, but no one has canceled the statute of limitations under the criminal code for a separate article on discrimination. Therefore, the refusal in employment due to the applicant’s refusal to do a test task without an employment contract can be considered as discrimination based on political views and degree of law-abiding, p.2.st.149 (1) - up to three years in prison for employees of an enterprise (HR). Lyrics: you need to start law enforcement practice for this article with something.


Why is an employment contract required for a test?


For those who still do not understand why this bureaucracy with a labor contract.


Imagine the situation: the driver was given a test task at the site, the vehicle had a faulty brake system, an accident occurred with the victims. The applicant says that they have issued a faulty vehicle, and the employer that the driver committed the hijacking.


Option two: the programmer or designer was given a test task, but he simply doesn’t have his own means of production or licenses for the necessary software (the reason is just to lean back, fire, theft, etc.). The employer is obliged to provide it, but discrimination goes without an employment contract - a person cannot get a job because of his social / financial situation.


These cases are not far-fetched cases, but they are not thought of at all. It does not even need to breed a discussion about over-employed employers, which DoS'yat crowds of powerless impostors.


Does the author understand the "utopia" of the legal approach?


Personally, the author independently searched for candidates in the databases of agencies, on social networks and on word of mouth; he himself made a preliminary screening of applications; he called and invited; he himself interposed and led patronage over part of those hired. In general, I did everything that recruiters and HR do in recruitment, with the fundamental exception of testing, collecting feedback and getting familiar with the candidate’s public activities on the Internet.


The procedure is simple and effective:


  1. Initial CV dropout.
    • no scoring system or quality assessment of CV compilation,
    • focusing only on experience and UNDERSTANDING of actual activity in the indicated experience - HR is not suitable at all.
  2. Short call: candidate's interest, salary filter, recording for an interview.
  3. First 30 minutes to questions on paper alone.
    • less than 15 questions of different levels of complexity without unnecessary scribbling,
    • drawn up in the model questionnaire and does not change over the years - the emphasis is only on fundamental knowledge,
    • the result does not matter much; the conditional threshold of passing only 30% is a coarse filter on "impostors".
  4. Directly interview, using the experience of the resume and the answers provided - 15-30 minutes.
    • the test result is only a foundation for oral questions,
    • any lie or scam pops up immediately - a typical HR cannot be so effectively crammed,
    • the “bottom” in different directions is groaned only to understand the level of the candidate,
    • a weak test result is drawn by leading questions - often the candidate tritely mandates and this affects the result,
    • in the end, the assessment is not given by the candidate’s qualifications, but by the accuracy of the information provided.
  5. The formal part of the interview is 10-30 minutes.
  6. Deciding on a particular person and coordinating the position through a corporate procedure (in some cases up to a month).
  7. The conclusion of an employment contract with probation.
  8. Test task on a real project in an independent mode.
    • Acquaintance with real activity, without interfering with the team.
    • Maximum 1 week with daily achievement testing.

As a result, in one working day (8 hours) it is quite possible to interview more than 10 people. Each candidate spends an hour and a half of his time. 4-6 interviews per day was the norm at all a break and friendly combat teams were recruited. The first head of the author worked in approximately the same way, and this successive model has been tested for decades. If you have a personnel turnover in the enterprise and you are not getting out of the interview, then the problem is rather completely different.


Thus recruited 90% of the staff and this is a sound approach. Looking for the best of the best, as well as “bleeding” every year is utopia. Filling individual unique positions occurs through growth from the inside, or a targeted offer to specific candidates without selection.


What we see now is the uniform idiocy and the inability of HR to learn from its mistakes. In the 20th century, people tried to filter by IQ - the result was negative. Now, at the beginning of the 21st century, they are trying to automate the hiring with a multi-level “stupid” human assessment. That is utopia. And taking care of your time, despising the time of the candidates, is a direct disrespect.


If you want to hire a really good team in any area - only allow for the assessment of specialized specialists with related skills in personnel work. The same applies to management in general. If someone has only one responsibility to "hire", then there is nothing surprising in the mediocre image of the activity. Many issues of psychological compatibility in the selection - this is a discriminatory moveton, because not in reconnaissance and not on the submarine go. In a civilized society, such problems are leveled. There and sucked from the finger of the performance assessment of staff. You need to evaluate the project team, and the team must understand and determine the internal and external brakes on their own.


But this is what HR professionals really need to do, often not even in large companies. None of the Russian companies have seen at least some prevention of discrimination, harassment (not just the sexual plan), banal swearing and kitchen disputes, although I have heard plenty of complaints from various industries. Perhaps this is to some extent a disease of society as a whole - there is not much to compare with and this situation is perceived as the norm.


If there is already quite paranoia on impostors, then it is possible to specify in the contract a special procedure for calculating wages for a trial period. The internal security service has three months to check a person, incl. on behavior in the workplace. A new person does not receive "all keys" and there should not be a potential danger from him that is much greater than from a simple visitor or external service. If this is not the case, then the problem is not a potential threat.


Why is it so important for the development of society?


Roll back a considerable time ago. Open slavery is the norm. Nobody really appeared, all the violators were viciously punished. Population, including slaves themselves, in every way contributed to this. Now the open form of slavery still exists even in Russia, but it is harshly suppressed when revealed, but the correctional system is still built on mocking imprisonment.


Roll back closer. Racial segregation is the norm in the West, which today is harshly suppressed down to criminal liability. Although, the farther to the east - the greater the presence of many elements of racism. Developed Japan is no exception.


Our days, the hidden form of slavery is the norm. Slaves ... Workers are afraid to defend their rights, most do not even know about their rights. Slave owners ... Employers take advantage of this. As with the form of open slavery, the conformism of individual workers leads to the loss of all workers as a whole. Game theory in all its glory.


If the state would like to deal with the circumvention of the established procedure of hiring, it could introduce administrative responsibility not only for employers, but also for applicants, as well as make control applications for job advertisements.


Conclusion


By the way the Ministry of Labor chooses expressions and denies formality of its opinion, it is clear that they themselves are stupid and balance between the interests of slave owners and labor law. The highest judicial authorities, whose decision is implicitly referred to, are also “well done”. Many lawyers have fallen into the same stupor, and journalists seem not to understand the point at all. Human rights organizations are biased by political themes. The Public Chamber of the Russian Federation has not yet responded, but it is unlikely that there will be at least some effective stirring.


Although the author does not have any special illusions, there is a desire to believe that Russia will regulate the hiring procedure, which will exclude the mocking hours-long test tasks that the girls will not be asked about childbearing plans for interviews, that all the hiring announcements will contain details. Maybe even one problem will be less and will not be added new for bona fide.


This is only possible with the active citizenship of each reader. Do not be lazy, make treatment through the Internet reception. Write in your own words, not a carbon copy. All authorities collect statistics on complaints. In the end, spread the discussion in your environment.


For those who are ready for more decisive actions - bomb the labor inspectorate and the prosecutor's office with complaints about unscrupulous employers, and complaints to higher organizations during inactivity, up to the Presidential Administration. Appeal in court - it is extremely effective and elementary. Organize with your lawyers and download the previously described scheme through the court, 1-3 monthly salaries for a few hours fuss on the stream.


Only in this way is it possible to move something from a dead center.


Your opinion


In Russia, there is a recognized platform for petitions, but first, let's conduct a survey. Feel free to justify your opinion in the comments. Maybe society deserves this state of affairs ...


')

Source: https://habr.com/ru/post/427929/

More articles:


All Articles