How to refuse a job to an applicant - advice from Pruffi, Aviasales, IIDF, HH, Runa Capital, Superjob and Acronis Editorial articles

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Published: 06/23/2016

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The labor legislation of the Russian Federation directly prohibits unreasonable refusal to hire (Article 64 of the Labor Code, part one).

In order for such a refusal on the part of the employer to be lawful and reasoned, it is necessary to refer to the lack of business qualities in the employee necessary to perform certain functions. Such qualities mean the ability to perform direct job duties, as well as the presence of appropriate professional and (or) personal characteristics.

The professionalism of the applicant includes the presence of appropriate education and work experience, the presence of the necessary specialization or qualifications.

Personal qualities include the ability to communicate and carry out orders from the immediate supervisor, health status, and the presence of certain successes in work activity in the profession indicated in the resume.

• Is it always possible to refuse?
• Legitimate reasons for refusal
• Methods of refusal and wording
• Is it always necessary to notify a candidate of a refusal?
• How not to miss a good specialist?

The law protects, prohibits and obliges

Personnel formation is almost the only area of ​​labor law where the employer feels more or less free and protected in relation to employees, or rather, to those who just want to become them. The Labor Code of the Russian Federation does not say anything that the employer is obliged to immediately fill any vacancies that appear or formalize labor relations with certain specific persons.

However, the Constitution and the Labor Code of Russia proclaim the principle of freedom of labor, which guarantees citizens the opportunity to unlimitedly choose the type of activity and use their ability to work (Articles 3-7 of the Constitution of the Russian Federation, Article 2 of the Labor Code). On March 17, 2004, the Supreme Court of the Russian Federation adopted a resolution on equal opportunities when registering labor relations. This right is duplicated in Art. 64 of the Labor Code, which directly prohibits discrimination in employment on any grounds other than professional ones and those specified in federal legislation.

REFERENCE! Provisions on discrimination in the world of work were regulated back in 1958 in Art. ILO Convention No. 111 and enshrined in Art. 19 of the Basic Law of the Russian Federation and Art. 3 Labor Code of the Russian Federation. When determining the professional and labor qualities of a candidate, employers are guided by the resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004.

The latest legislative innovation is the norm of the labor law (Article 64 of the Labor Code of the Russian Federation), obliging the employer to explain the reason for the refusal to the applicant for a vacant position and, at the request of the latter, provide the refusal in writing within a week.

What consequences can there be for an employer if an unreasonable refusal to hire a person is made ?

Recommendations for specialists in the field of personnel management.

Recommendations for HR specialists who are involved in the job selection procedure (and the provision of refusals to applicants).

1. Analyze or write down the qualification requirements for vacant positions and the desired business skills that an applicant for a certain position must have. Take into account the qualification requirements (knowledge, skills, education, work experience) specified in the job descriptions for a specific vacancy. 2. Regulate certain assessment activities that will be carried out in your organization to test the candidate against the requirements that you have established. 3. Develop a form for refusing to hire. 4. Review the refusal through the legal department to determine the risk of challenging your refusal.

Thus, the main thing for the employer is the correct wording of the refusal to hire, which does not infringe on the rights of the applicant and does not violate the current legislation.

Legal grounds for refusing a job applicant

The reasons that any authority considers legitimate for refusal can only be related to the professional qualities of the candidate or to personal ones that may affect the quality of future activities. These are the reasons that should be indicated in a written notice of refusal, which will be considered justified.

IMPORTANT! It doesn’t matter what prompted the personnel officer to reject the candidate: lack of the required diploma, tattoo or too avant-garde hairstyle of the applicant, or a criminal record. The wording should not contain discriminatory statements, so only a justified reason should be voiced.

The following are recognized as legal grounds for refusing a candidate:

1. Inconsistency of the applicant’s qualifications with the vacant position (confirmed by the absence of supporting documents, revealed at an interview or during the probationary period).
2. Lack of knowledge, experience or skills necessary for future activities (confirmed by documents, recommendations, interviews, tests, tests, etc.)
3. Unsuitable health status for this vacancy (confirmed by medical documents).
4. Lack of suitable vacancies at the time of application (confirmed by the staffing table).
5. Psychological inconsistency (confirmed by testing, interview, probation period).
6. Age reasons determined by the Labor Code: some positions cannot be held by minors and persons who have crossed a certain threshold (Article 63 of the Labor Code).
7. A court ban on holding certain positions.
8. The candidate's reluctance to undergo a probationary period.

FOR YOUR INFORMATION! If a candidate was interviewed by a person not authorized to hire a person, then the positive outcome may be considered unlawful, and the refusal, on the contrary, may be justified.

Rejection of a candidacy sent from the Employment Center

Sometimes unemployed people come to the company on a referral from the employment service. Some people are asked to write a refusal of admission right away in order to continue receiving benefits from the state. In this case, you should not follow the lead; it is better to indicate that the applicant himself refused employment. This will help you avoid controversial situations in the future and protect yourself from litigation. If the employee is truly unsuitable, and there are legal grounds for this, then it is permissible to reject the candidacy . The following reasons can be used for this:

• educational inadequacy;
• little work experience;
• lack of required qualifications;
• medical contraindications.

There are organizations that directly refuse people of pre-retirement age referred from the employment service, or they say that the vacancy has already been filled, and a day later they resume recruitment. Such actions are discriminatory and subject the employer to liability.

Who should not be refused

If none of the above reasons are voiced, the refusal may be considered discriminatory and even challenged in court.

INFORMATION! If the court turns out to be on the side of the unfairly unemployed, the manager may face a fine of 30-50 thousand rubles, suspension of the enterprise’s activities for up to 3 months, and in cases of pregnant women and mothers, criminal liability.

Reasons for refusals that are illegal, which employers sometimes resort to, are listed below.

1. Any characteristics not related to professionalism: skin color, nationality, political leanings, adherence to religion, etc.
2. Lack of registration at the place of residence or place of work.
3. Membership or lack thereof in a trade union organization.
4. HIV-infected status.

Unconditional candidates

It is unlawful to refuse to hire certain categories of candidates:

• pregnant women and mothers;
• disabled people allocated to a position based on a quota;
• passed the competition;
• for those who are employed by transfer (within a month from the date of leaving their previous position).

In what cases is refusal to hire a person prohibited by law ?

Is it always possible to refuse?

Labor legislation lists all cases when an employer cannot refuse to hire.

Such beneficiaries include only certain categories of workers. For example,

pregnant employees who have medical confirmation of their status. Their employment occurs in any case, regardless of the personal attitude and preferences of the manager or recruiter (the person who selects personnel).

Any citizen of the Russian Federation has the right to get a job. Restriction of this right will be considered a violation of labor and federal laws.

The employer must have a compelling, legal and motivated refusal, which is recorded in writing and handed over to the applicant. If there are no grounds for such a refusal, the employee has every right to appeal the employer’s actions in court.

Discrimination on any grounds is unacceptable!

The reason for refusal cannot be the applicant’s religion, nationality, social status, or even age (pensioners are also hired).

Refusal according to Article 64 of the Labor Code is prohibited (subject to professional skills!):

• pregnant workers;
• mothers or fathers raising children alone and being the sole breadwinners;
• invited specialists who have already left their previous workplace.

Judicial authorities may classify the following cases of refusal as discrimination:

• if the employee has HIV infection;
• if the employee has citizenship, but does not have a residence permit at the location of the legal entity (enterprise or organization in which the applicant is applying for a job);
• if there is an assigned disability group;
• based on gender, nationality, political or religious preferences (all these characteristics have nothing to do with professional skills!);
• with an existing referral (invitation) to a specific workplace;
• when elected to a position or filled in through competitive selection.

For violations in this area, employers bear disciplinary, administrative, and sometimes even criminal liability!

Persons in leadership positions are reprimanded. In some cases, their employment contract is terminated. A repeated violation entails disqualification for up to three years.

Monetary penalties are imposed in accordance with the Code of Administrative Offenses (article number 5.27):

• managers who committed violations pay 5,000 rubles;
• organizations or enterprises are fined up to 50,000 rubles.

Criminal liability occurs when a refusal is given to a pregnant employee or a woman raising three or more children on her own. Community service is assigned for a period of up to 180 hours. Sometimes they are replaced with a fine of 200,000 rubles.

It is obvious that the selection of candidates for a vacant position must be approached with maximum attention and responsibility, taking into account all the circumstances associated with each of the employees.

Correct refusal

IMPORTANT! Recommendations on the procedure for refusing to hire from ConsultantPlus are available here

It is always unpleasant for someone hoping to get a job to say, “You’re not right for us,” but it is often a necessary responsibility. Here are several ways to inform a candidate that his expectations were not met.

1. Silence is a sign of refusal . A common way is to promise to call the applicant back after the interview if the decision is positive. The absence of such a call will automatically let the person know that he has not been accepted. If an unsuccessful applicant asks to state the reason for refusal, the employer should comply, but in practice this does not happen often.
2. Legal notice by mail or electronically . When making such mailings, the employer needs to be very careful in formulating the reason for the refusal. Most often, the candidate is thanked for his attention to the organization, informed that someone else has filled the vacancy, and finally wishes for further success.
3. Verbal "no" . The most unpleasant way for HR managers. A negative decision can be communicated in person or by telephone. Sometimes it is softened by a phrase about the possibility of employment in the future if circumstances change.

NOTE! It is not necessary to tell the applicant the true reason for the refusal. If it is not legally valid, and if you are required to formulate it in writing, you must try to justify the refusal with a legally permitted reason.

How to make the right decision

If the employer is competent, it is important for him that the work is completed on time, with the proper quality and result. In this case, it does not matter whether this work is done by a man or a woman, an old person or a young person, whatever his beliefs and inclinations.

In any case, labor legislation allows a probationary period, on the basis of which the candidate can be checked for work.

On the other hand, it cannot be denied that there are circumstances that go beyond this framework - for example, a brilliant specialist came for an interview, but he behaves defiantly, shows disrespect, insults, and perhaps is generally in a state of drug intoxication - of course, such an applicant in practice, you can refuse under a plausible pretext.

When can you refuse?

Reasons for refusal to hire may be:

• Non-core education.
• Lack of practical experience.
• Lack of necessary knowledge and skills.
• Lack of a sufficient package of documents (according to the list from the Labor Code of the Russian Federation).
• An entry in the work book stating that the specialist was punished in the form of deprivation of the right to hold a certain position, and the period of punishment has not yet expired.
• Age up to 14 years.
• Legislatively existing prohibition of certain activities for adolescents or women.
• The candidate has medical contraindications that do not correspond to the position for which he is applying.

When you can't refuse

There is an opinion that a pregnant woman cannot be denied employment. It is wrong. A pregnant woman should not be denied employment simply because of her condition, if from a professional point of view she is a good specialist suitable for the position. But if she doesn’t meet the requirements for education, experience or length of service, she can.

The rumor that it is impossible to refuse a pregnant woman arose due to the fact that the Labor Code prohibits the employer from setting a test for her. Legislators thus decided to support pregnant applicants, who are discriminated against in admissions in almost one hundred percent of cases. However, the employer finds himself in a strange position: it is possible to refuse a pregnant woman if she is a bad specialist, but it is impossible to check the quality of her work.

So, you can't refuse:

• A pregnant woman just because she is pregnant.
• A disabled person, if his state of health (confirmed by medical documents) allows him to perform the proposed work, only because he is disabled.
• A specialist who was invited to a vacancy by transfer from another employer, within a month after the day of his dismissal from the previous organization (that is, you cannot change your mind).
• For a discriminatory, far-fetched motive.

How to write a written refusal to hire an employee

A document, the demand for which is recognized as imperative for the employer (Article 64 of the Labor Code of the Russian Federation), must be drawn up very carefully, since it can serve as evidence in legal disputes. When issuing a refusal of employment, make sure that it contains the following points:

• name and details of the organization (it can be issued on company letterhead);
• outgoing number (the document is registered);
• a clear formulation of the reasons for refusal of employment with legislative justification;
• visa of the manager or head of the human resources department, certified by the appropriate seal.

The law requires you to refuse

Based on the results of the interview, the candidate for the position may be completely satisfied with the employer, but may not be satisfied with the law. After all, the conditions for employment are not only the presence of a certain education, work experience and other business qualities, but also health status, lack of necessary documents that are presented to the employer, etc. In this case, legislators have established conditions that an organization can refer to in case of refusal in concluding an employment contract.

Firstly,

in accordance with Article 63 of the Labor Code, it is not allowed to conclude an employment contract with persons under 16 years of age. An exception is the possibility of hiring applicants whose age is 15 years (14 years with the consent of one of the parents (guardian) and the guardianship authority) to perform light work that does not cause harm to health.

Secondly,

failure by the applicant to provide the necessary documents to conclude an employment contract. These include:

• passport;
• employment history. Exceptions: an employment contract is concluded for the first time, the employee came on a part-time basis;
• certificate of pension insurance;
• military registration documents;
• document on education, qualifications or special knowledge;
• certificate of the presence (absence) of a criminal record or the fact of criminal prosecution.

Third,

the candidate does not meet the requirements for the position due to physical or mental reasons. For example, it is prohibited to employ women in jobs that involve manually lifting and moving heavy loads that exceed the maximum permissible standards.

Fourthly,

failure by a person applying for work to comply with the requirements established by labor legislation. For example, refusal of mandatory medical examination.

Fifthly,

the candidate is deprived of the right to hold certain positions or engage in certain activities for a specified period.

In addition, in accordance with Article 53 of the Law of the Russian Federation of July 10, 1992 No. 3266-1 “On Education”, persons for whom it is prohibited by a court verdict, for medical reasons, or who have an unexpunged (unexpunged) conviction for intentional grave and especially grave crimes.

Also, by Decree of the Government of the Russian Federation of October 11, 2002 No. 755, the List of objects and organizations in which foreign citizens do not have the right to be hired was approved.

Decree of the Government of the Russian Federation of August 6, 1998 No. 892 defined a list of persons who are not allowed to work with narcotic drugs and psychotropic substances.

The Decree of the Government of the Russian Federation of April 28, 1993 No. 377 approved the List of medical psychiatric contraindications for carrying out certain types of professional activities and activities associated with a source of increased danger.

Please note that in this case, the applicant can also demand an explanation for the refusal and, if he is not satisfied with it, go to court.

Refusal to hire due to criminal record

If an unsuccessful applicant asks the employer to state in writing the reason for the refusal, the latter is obliged to do so (Article 64 of the Labor Code of the Russian Federation). Notification must be provided in writing within 7 days of receipt of such request. An employer who fails to comply with this requirement on time may be held liable.

Such a document must be drawn up very carefully, as it may become the subject of legal proceedings.

A candidate's criminal record is not an absolute sign that can serve as a legitimate justification for refusal of employment. Only certain positions require its obligatory absence in the candidate’s biography: those related to financial responsibility, information technology, and, in certain positions, teaching activities, as well as service in internal affairs bodies. In all other situations, it will be legally unlawful to indicate a criminal record in the notification as a reason for refusal to hire.

ATTENTION! To notify, you need an official form of the organization or an indication of all its details. The refusal is recorded as outgoing documentation. As in any legally significant document, the manager’s handwritten signature, date and stamp, if applicable, are required.

LLC "Lingvogeniy" Ref. No. 12/156 dated September 18, 2017, P.I. Raskidaylov, Ekaterinburg, st. Academician Postovsky, 12, apt. 28

NOTICE Dear Peter Ivanovich!

Thank you for attending the interview at Lingvogeniy LLC on September 11, 2017. We regret to inform you that we are forced to deny you employment for the position of German language teacher in the middle age group at our training center.

According to the certificate provided, you have a criminal record under Art. 116 of the Criminal Code of the Russian Federation, which relates to the categories of crimes against life and health. Despite the fact that you were not convicted, the investigation was terminated on non-exonerating grounds. Labor Code of the Russian Federation in Art. 331 “The right to engage in teaching activities” prohibits persons with such a criminal record from being allowed to work with minor students.

General Director of Lingvogeniy LLC /Prokhorov/ V.V. Prokhorov

Justified and legal reasons for refusal to hire

An employer who has decided to refuse to hire an applicant must rely on legislative documents, acts, if they comply, should be indicated in a written refusal in order to correctly argue their point of view. The main regulatory legal acts that an employer has the right to refer to in case of a reasoned refusal to hire, depending on the situation:

• for persons under 16 years of age and 14 years of age, in the absence of parental consent, the employer has the right to refuse employment in accordance with Art. 63 Labor Code of the Russian Federation;
• a citizen may be refused employment with reason if all necessary documents are not provided - Article 65 of the Labor Code of the Russian Federation: identification document of the applicant;
• certificate of pension insurance;
• document on education and special knowledge;
• certificate of presence/absence of criminal record or fact of criminal prosecution (on request)
• military registration document;
• employment history.

In addition, the employer can justify the refusal to hire on other legal grounds that are not supported by the norms of documents, but are no less significant for the normal functioning of the organization in the future, these are:

• the applicant lacks a certain education, qualifications and other professional qualifications;
• lack of practical experience in this field;
• the applicant lacks special knowledge and skills to fill the vacant position;
• the applicant’s lack of certain personal qualities that are necessary to perform work within the given position, for example, inability to find compromises, which can create certain difficulties in communicating with clients, etc.;
• if there is a conclusion from a medical commission about the candidate’s health condition, which does not allow him to hold this position;
• absence of a vacant position at the time of the applicant’s application, which must be confirmed by the staffing table;
• conducting an interview with a person who was not authorized to do so.

Refusal to hire due to staff reduction

Reducing the number or staff of an enterprise is a rather sensitive procedure from a legal point of view. Some employees are fired, but there cannot be any talk of hiring other personnel for these positions, otherwise the reduction will be illegal.

However, it may well be that due to the “redrawing” of the staffing table, other positions appear, or during the reduction, certain vacancies open up, and candidates want to fill them.

IMPORTANT! Former company employees who are laid off due to staff reduction have priority in employment. First of all, new vacancies should be offered to them. Only if a written refusal has been received from them, recruitment for these positions can be announced among outsiders.

If a redundant employee refuses existing vacancies and is fired, and then wants to take one of the newly created vacancies, he will also have priority over other applicants. Although it is important to remember that the employer is not obliged to inform a previously dismissed employee about the vacancy.

In any case, staff reduction cannot in any way be considered an independent legitimate reason for refusing to conclude an employment contract.

Liability for unjustified refusal to hire

An illegal or unmotivated refusal by an employer to employ an applicant may result in disciplinary, administrative and even criminal liability. Thus, guilty officials of companies who are brought to disciplinary liability are subject to penalties in the form of a reprimand, reprimand, or dismissal. Also, according to Article 5.27 of the Code of Administrative Offenses of the Russian Federation, in case of violation of labor and labor protection legislation, a fine is provided:

• for an official – 5,000 rubles;
• for organizations - 30,000-50,000 rubles or suspension of the organization’s economic activities for up to 90 days.

Important! Repeated violation of labor and labor protection legislation by the same person entails disqualification for up to 3 years.

Criminal liability is provided for refusal to conclude an employment contract with a pregnant woman or a candidate with children under 3 years of age. The perpetrator may be fined up to 200,000 rubles or in the amount of wages, as well as other income of the convicted person for a period of 18 months, or assigned to compulsory work for a period of up to 180 hours.

Refusal to hire based on business qualities

Such a reason for refusal is certainly legitimate. The employer has every right not to hire an employee who does not meet the requirements for the position for which he is applying. If employers mask with this wording the true reason for their reluctance to enter into an employment relationship, which is not legal, the discrepancy with business qualities must be documented.

In accordance with the norms of business documentation, when registering a refusal, you must adhere to the following requirements:

• draw up a document on company letterhead or indicate the necessary details of the organization;
• register the outgoing document indicating the method of delivery to the addressee (in person against signature or by registered mail with notification);
• justify non-compliance with business qualities with the requirements of the job description or labor legislation;
• fix the document with the signature of the manager and the seal of the organization.

Below is an example of drawing up a justification for refusal of employment due to inadequacy of business qualities

LLC "Pishchepromavtomatika" Ref. No. 14/118n dated 06/08/2017 Petrikovskaya E.S., Samara, st. 1st Beloretskaya, 3, apt. 11.

Dear Elena Sergeevna!

In response to your request dated June 02, 2021, to justify the reason for refusal of employment in accordance with Part 5 of Art. 64 of the Labor Code of the Russian Federation we inform the following.

The director of Pishchepromavtomatika LLC, by order No. 14 dated June 15, 2015, approved the job description for the head of the marketing department, which requires a higher specialized education and fluency in English.

From the documents you provided at the interview, it is clear that you received a specialized secondary education with a degree in economics, and also completed non-specialized foreign language courses. During the interview, it was revealed that your level of English proficiency is lower than necessary for free communication. In addition, secondary specialized education is not enough to occupy this position.

Due to the non-compliance of your business qualities with the requirements stipulated in the job description, Pishchepromavtomatike LLC is forced to refuse to conclude an employment contract for you to occupy this position.

Part 6 art. 64 of the Labor Code of the Russian Federation allows you to appeal this refusal in court.

General Director of Pishchepromavtomatika LLC /Lisitsky/ S. N. Lisitsky

Employment of disabled people

A candidate comes to an interview and hears: “we decided not to open this vacancy for now,” “sorry, but there was a problem and we have already hired a person for this position,” or a completely vague “we are busy now and will call you back later.” These polite refusals often hide completely different reasons. An applicant who was hoping for a job continues to search for a job without success. However, if a specialist hears negative answers too often, it is better to stop for a moment and analyze what the real reason for the refusals is.

The employer has the right to decide which employee the company needs, which employee will bring more benefit to the organization. At the same time, refusal of employment, according to the Labor Code of the Russian Federation, must be justified. This is a social guarantee that ensures the principle of freedom of labor, reflected in the Labor Code and the Constitution of Russia.

An unreasonable refusal is a refusal to hire because of a candidate’s race, skin color, origin, place of residence, nationality, language, official, social or property status, age, gender, etc. A justified refusal to employ is based on business qualities of the applicant. This provision is not always observed, but both candidates should be aware of it in order to be able to defend their rights in the event of obvious discrimination, and employers should be aware of it in order to prevent violations of Labor Code norms.

Why did the employer refuse employment? The reasons for refusal, despite the corresponding provision of the Labor Code, are not always related to the employee’s business qualities. However, this does not mean that behind every wording you need to look for the employer’s personal motives or discrimination. It is very likely that the reason that the employee was not suitable for the position was precisely his business qualities. Moreover, they are the majority of the most common reasons for job refusals.

Why do most candidates not get a call after an interview?

1. Discrepancy between the salary expectations of the applicant and the employer. Usually, a company provides a certain budget for the salary of a particular specialist. If a candidate's financial needs exceed this budget, they will most likely be denied the job. Currently, in the Russian labor market, according to experts from the Unity recruitment agency, many companies are ready to accommodate specialists in this matter. But these companies are willing to offer higher salaries only in special cases to those applicants whose high salary demands are justified. It often happens that an applicant is rejected because salary expectations are too low or because he is willing to work in a lower position than before.

2. Poor preparation for an interview, illiterate resume An applicant who is poorly prepared for an interview often experiences self-doubt, cannot fully reveal his business qualities and show his best side. In addition, he, as a rule, has little information about the company he intends to work for, so many questions cause him difficulty. Before going to an interview, you need to clearly define your strengths and weaknesses, find out more information about the company that posted the vacancy, and decide which qualities and skills will be most useful in this position.

3. Inconsistency of the applicant with the requirements of the vacancy. This may be a lack of qualifications and professional skills, or the absence of the necessary personal qualities of the candidate or their inconsistency with the position. Most often, the requirements for a candidate are specified in the vacancy announcement. The reason for refusal may be that the specialist is too highly qualified. If a vacancy does not imply career growth, it is clear to the employer that such an employee will not stay in the company for long.

4. Attempts to deceive the employer or bad references Sometimes a candidate's attempts to present himself in a good light go too far and backfire. False information on your resume is a risky way to get a job. Whenever a lie is discovered, during an interview or after being hired, it will become a stain on the specialist’s reputation, which is very difficult to get rid of. Bad recommendations from a previous job can also irrevocably ruin the impression of a candidate.

5. Frequent job changes If the applicant’s work record shows that he has changed many jobs, this alarms recruiters and employers. Such candidates are reluctantly hired, since most often companies rely on long-term employment relationships and do not want to open a vacancy again in six months and look for an employee.

6. Untidy appearance Sloppy clothing, or inappropriate clothing for the situation. Sick or tired appearance, bright makeup, untidiness - all this can serve as a reason for refusal, and not only for those positions where you need to constantly communicate with people and look presentable.

7. Personal perception Personal perception often plays a big role when hiring and evaluating a candidate. Research shows that many employers, when choosing employees, are guided by the same criteria as when choosing friends or life partners. Therefore, personal rejection may become a reason for refusal of employment.

8. Lack of punctuality If a candidate is late for an interview, this signals lack of concentration and inability to manage his time. It can be very difficult to correct a negative first impression during a conversation.

9. Inability to adequately perceive criticism The ability to calmly accept critical comments, see and admit your mistakes indicate flexibility, development potential, the ability to learn and affect the ability to work in a team. If a candidate overreacts to criticism, this may be a reason for rejection.

10. Lack of motivation An employer may refuse to hire if he sees that the candidate does not have clear goals, he does not understand very well why he needs this job and does not have career plans. Lack of motivation is an important factor that largely determines the effectiveness of an employee, so companies try to hire those who are focused on development and know what they want.

Author: Anna Shevchuk Zarplata.ru

Refusal to hire for health reasons

Health status is an integral component of the business qualities of a job applicant. This is how it is interpreted by Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 17, 2004. Not for all professions a medical examination during employment is mandatory, but for a number of positions and categories of employees it is mandatory. This applies to the types of labor listed in Art. 213 of the Labor Code of the Russian Federation (work in transport, in children's and educational institutions, catering, etc.), as well as for minors seeking employment. The employer must be convinced that by allowing the applicant to work, he will not harm either his health or the health of people who come into contact with him in the course of his work.

Art. 253 and 265 of the Labor Code of the Russian Federation substantiates the possible discrepancy between the physical or mental health of a candidate for a vacant position, and Art. 266 regulates the mandatory requirement of medical documents as part of the employment package.

When refusing due to non-compliance with health requirements, the employer must prove that they are presented specifically for the position for which the candidate wanted to apply, and are confirmed by legislative provisions, for example, a medical report.

Below is an example of a letter justifying the reasons for refusal of employment related to health conditions

LLC "Golden Key" Ref. 34/12 dated July 11, 2017 to A.L. Raynovsky, Moscow, Lyalin Lane, 8, apt. 10

On the reasons for refusal to conclude an employment contract Dear Anton Leonidovich!

In response to your written request dated 07/09/2017 to justify the reasons for refusal of employment for the position of pizza master at the Golden Key cafe, we inform you as follows.

Labor Code of the Russian Federation in Art. 213 requires a mandatory medical examination to work in public catering organizations. The requirements for the vacancy, posted in the media and on the Internet, indicated the requirement that the candidate have a certificate of completion of a medical examination in form 086-u. You did not provide this document during the interview.

In accordance with the requirements of Part 1 of Art. 213, the package of documents you submitted when applying for a job is incomplete. On this basis, we refuse to employ you.

According to Art. 64 of the Labor Code of the Russian Federation, you can appeal this refusal in court within 3 months.

General Director of Zolotoy Klyuchik LLC /Limonova/ L. D. Limonova

Grounds for refusal

In order for a refusal to hire a position to be justified and reasoned, the employer must prove that the candidate does not have the necessary abilities and qualities important in carrying out the job for which he is applying. These abilities presuppose professional skills that meet the requirements for the vacant position.

Legal grounds

In order to get a job without any problems, the applicant must have the appropriate professional skills and qualities. These skills include in particular:

1. Skill level.
2. Specialization.
3. Relevant education.
4. Experience, experience.

Employers also evaluate the personal qualities of applicants:

1. Communication skills.
2. Ability to accurately follow orders from superiors.
3. The health status of the applicant.
4. Professional successes and achievements.

Legitimate reasons for an employer’s refusal to provide employment are as follows:

• a minor applicant (under 16 years and 14 years old) cannot be hired without the permission of parents or guardians (Article 63 of the Labor Code of the Russian Federation);
• Citizens who have not provided the necessary documentation for registration are not employed (Article 65);
• a minor may not be hired for work if it involves difficult conditions that could cause harm to his body (Article 265);
• an applicant who has not reached the age of majority will not be employed if he refuses medical treatment. examinations (Article 266 of the Labor Code);
• persons who do not speak the state (Russian) language are not accepted into the civil service (Federal Law No. 58 “On Civil Service”);
• the applicant has restrictions on activities established by the court (Articles 44 and 47 of the Criminal Code of the Russian Federation);
• Women are not employed if the activity is associated with special conditions that involve the transfer of heavy loads (Article 253 of the Labor Code);
• the applicant has mental illness (Government Decree No. 377);
• presence of disqualification marks in the work book (Article 3.11 of the Administrative Code);
• It is prohibited to accept foreigners for positions related to government. secret (Government Decree No. 755).

You can receive a negative answer for other reasons not provided for by regulations, provided that it is motivated.

Illegal reasons

A refusal of employment by an employer is considered unreasonable if it entails a violation or restriction of the applicant’s right to free labor activity.

The following grounds for refusal to hire include the following illegal grounds:

• non-acceptance of an employee who, in fact, is already performing his functions, although the employment agreement has not yet been concluded;
• rejection of a candidacy based on nationality, age, religion, gender, race and other personality criteria not related to work qualities;
• an applicant who is pregnant or already has children;
• a candidate who has a positive HIV status due to his illness;
• a Russian citizen due to the lack of registration in the territory where the employer is located;
• an applicant who has a disability or chronic illness, if he is assigned to work under a special quota;
• based on the external data of the applicant;
• to the candidate depending on his participation in the trade union;
• a citizen sent to work in accordance with a court decision (the decision cannot be challenged);
• an applicant who was selected for the position based on the results of a competitive selection;
• an employee assigned to a job by transfer (within a month after dismissal from a previous job).

Controversial issues

Currently, finding a decent job is extremely difficult. Employers place strict demands on applicants, and not only in professional terms. Many of the grounds for refusing work are highly controversial.

It is not uncommon for employers to restrict the employment of citizens over 50 years of age. Typically, the age limit is specified in the vacancy announcement itself. This restriction is considered discriminatory. The only exception that allows candidates to be screened out based on age is the requirements for minor applicants.

Recently, the management of organizations has been extremely demanding about the appearance of applicants. It cannot be legal to refuse employment due to a person’s appearance, however, for some organizations this criterion is very important, because the business image of employees is the calling card of the company. Often, an applicant receives a negative response from management if he has tattoos, unusual hair color, etc. In this case, the applicant can file a complaint against an unreasonable refusal, but only if he can prove that it was caused by the personal rejection of the manager, and not by the requirements of the dress code.

The presence of a disability is another of the most common criteria for rejection of a person. In any company that employs more than one hundred employees, a certain number of jobs (quota) is established for people with disabilities. In accordance with this quota, the management of the organization must provide places for people with disabilities. Refusal to accept the application threatens the employer with a fine. It is worth considering working conditions. If they are not suitable for persons with disabilities, then a negative decision will be quite justified.

Quite often, people who have previously suffered criminal punishment cannot find a job. For employers, neither the professionalism nor the experience of the applicant matters; they only care about having a criminal record. The legislation defines a list of positions for which convicted citizens cannot apply. These include, in particular, positions in the financial sectors, law enforcement agencies, and work related to information technology. In most other areas, refusing to admit a convicted citizen will be unlawful.

Refusal to hire due to lack of registration

When forming staff, employers have the right to give preference to candidates of their choice. Often the decisive factor is the presence or absence of registration at a particular place of residence. However, this reason cannot be a basis for refusing to conclude an employment relationship. In Art. Part 2 Art. 64 of the Labor Code of the Russian Federation directly states that the presence or absence of registration at the place of residence or place of residence is not related to the business qualities of the candidate. Therefore, it is not considered as a factor that could affect employment.

Legally, such a refusal will be unlawful and discriminatory, which means that an unfairly offended applicant may well go to court to appeal it.

The person who is refused may well require written reasons for this, possibly to appeal in court. The employer has no more than 1 week for this. Delay is also fraught with liability.

Even if the reason why the applicant was rejected is truly related to his registration or lack thereof, the employer should not formulate it in exactly this way. The law does not allow discriminatory grounds for refusing potential employees, therefore an employer who writes this reason in the notice of refusal is thereby violating labor laws.

Refusing a candidate: how to refuse professionally and effectively

Reasons for refusing a candidate

1. Refusal based on business qualities.
They mean a person’s ability to perform certain labor functions. The professional and personal qualities of the employee are taken into account. 2. Inconsistency between the candidate’s motivation and the conditions of the vacancy. If the candidate’s expectations do not meet the conditions of the vacancy, then with a high degree of probability it is possible to predict the candidate’s unsuccessful adaptation and dismissal in a short time. If the candidate’s motivation will not be realized during employment, it is better to honestly warn him about this. A competent assessment of a candidate’s motivation at the interview stage is an indicator of the quality of personnel selection.

3. Discriminatory refusal. Refusal for any reason not related to the applicant’s business qualities. The most common types of discrimination are refusals due to age (“too old, everyone is younger here”), gender (“only a man, otherwise the woman will go on maternity leave”), and the totality of the candidate’s personal assessment (“he has such a character that we we won’t work well together”), external data (“she has too unpresentable appearance”) and others.

Types and form of refusal to candidates

1. Written refusal. The decision is provided to the candidate in writing.

2. Verbal refusal. A refusal provided to a candidate orally, by telephone or in person.

3. Denial by default. There is a preliminary agreement with the candidate that if by a certain date the HR specialist does not contact the applicant again, this should be understood as a refusal to consider the candidacy.

It is necessary to adhere to agreements on the time of providing feedback to the candidate. If circumstances did not allow you to comply with the agreed time, apologize for the delay.

It is recommended not to explain the reasons for the refusal on your own initiative and to discuss them with the candidate only if he asks to justify the refusal.

If such questions still arise, then you should adhere to the following rules. In particular, focus on the competitive nature of the selection, avoid specific indications of the reasons for refusal if possible, and limit yourself to those “shortcomings” in the candidate’s professional experience that do not most closely meet the requirements of the vacancy. If it is difficult to justify a refusal by referring to the applicant’s business qualities, then the refusal should be explained by making a decision in favor of an internal candidate.

It is recommended to conduct a conversation with the candidate about the refusal at a fairly intensive pace. You need to speak clearly, quickly, and not pause between the argumentation of the refusal and the next stage - completing the refusal. This technique will avoid provoking the candidate to ask uncomfortable questions.

Rules for granting refusal at different stages of the interview

Are all candidates required to provide feedback upon rejection? It is advisable to provide a verbal refusal to all candidates with whom the HR specialist interacted. However, this is not always possible.

In cases where providing an oral refusal to all candidates who did not pass the selection is associated with significant time costs, it is permissible to narrow the circle of persons.

When does it become necessary to reduce the pool of candidates who are given verbal feedback in the event of a refusal? – when recruiting personnel for mass positions; – with high intensity (large quantity) of the incoming flow of candidates; – for an urgent recruitment project under tight deadlines; – with priority workloads of an HR specialist in other areas of activity.

It must be remembered that the more closely and for a long time the HR specialist communicates with the candidate, the greater the need to provide him with verbal feedback in case of refusal. And also, if a candidate for a vacancy has received a large number of approvals, then it will be more difficult for an HR specialist to refuse him.

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Refusal to hire due to lack of experience

Work experience is part of the business qualities and personal qualities of the future employee (clause 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 17, 2004). When announcing a vacancy, the employer indicates the requirements for the position based on labor legislation or internal regulations that do not contradict it (for example, an order approving a job description). Some positions require a certain number of years of service by the candidate in similar or less responsible positions.

The length of service of a potential employee is reflected in his work book, which must be provided as part of the package of documents upon employment. The person doing the hiring can easily verify whether the work experience corresponds to what is required to fill a particular vacancy.

If the candidate has the necessary work experience and indicated this in the resume, and at the interview it turns out that this experience is not confirmed by entries in the work book, the refusal will be completely justified.

LLC "Derevo-Style" Ref. No. 16 dated April 6, 2021 in response to the statement dated March 30, 2021 N.A. Lesnikov, Voronezh, st. Apricotovaya, 67, apt. 14

NOTICE Dear Nikolai Andreevich!

In response to your written request on March 30, 2021 with a request to justify the reasons for refusal to hire, in accordance with Part 5 of Art. 64 of the Labor Code of the Russian Federation we inform you the following.

You were denied an employment contract with Derevo-Stil LLC due to your lack of the required work experience as provided for in the current job description of a carpenter-machine operator at Derevo-Stil LLC. This instruction No. 18 was approved by the director of Derevo-Stil LLC on May 14, 2015. Clause 2.2 of the job description states that to occupy the position of a carpenter-machine operator, you must have secondary specialized education in this profile and at least a year of work experience in a similar position. The data from the work book you provided indicates that you have not held similar positions since you are employed for the first time.

Based on the above, your business and personal qualities do not meet the requirements for the vacancy of a joiner-machine operator at Derevo-Stil LLC. The conclusion of an employment contract is impossible according to Part 2 of Art. 64 Labor Code of the Russian Federation.

General Director of Derevo-Style LLC /Safyanov/ O.L. Safyanov

Legitimate reasons for refusal

The refusal will be considered legal in the following cases:

• If the applicant is under age and does not have permission from parents (adoptive parents or guardians) for this employment (Article 63 of the Labor Code).
• If all documents necessary for signing the contract have not been provided. Their list is given in Article 65 of the Labor Code. It should be noted that the absence of a TIN, and in some cases, military documents (military ID), is not considered a violation of the law.
• If there are difficult working conditions at a particular workplace, and the applicant is female (Article 253 of the Labor Code). For example, a woman cannot carry heavy objects. And a mother of many with small children has to work on an irregular work schedule.
• On the same basis, a minor applicant can be refused. Teenagers should not lift heavy objects, experience mental stress, or work in workplaces that are hazardous to health (Article 266 of the Labor Code).
• If the applicant for the civil service does not know Russian (Federal Law No. 58).
• If the employee has a disqualification with a corresponding entry in the work book (according to the Administrative Code, article number 3.11).
• If the applicant has a judicial restriction on the performance of certain official functions (Articles 47 and 44 of the Criminal Code).
• If the employee has certain psychological problems. For example, a tendency to alcoholism, drug addiction, epilepsy (Resolution No. 377).
• If the position requires access to state secrets, and the applicant is a foreigner (Resolution No. 775).

Also, the refusal may be motivated by other reasons that are not separately identified in labor and federal legislation. For example, the employee may not have the required specialization or qualifications. He has no experience (no seniority or experience in a specific position).

Barriers to employment also include:

1. poor health and the presence of certain diseases discovered during a medical examination;
2. the current lack of vacancies;
3. failure to pass an interview and/or test.