How to refuse a candidate after an interview. How to reject unsuitable candidates for a vacancy Is the employer obliged to give a reason for rejection

“Cadres decide everything,” but for this they need to be selected correctly. In order to hire a suitable employee, it is necessary to make additional selection and, as a result, screenings. The principle of freedom of an employment contract gives the employer the right, and not the obligation, to conclude it with one or another job seeker, recruiting personnel at his own discretion. Rejection of candidates is an indispensable part of this process.

• How to say “no” without contradicting the law and avoiding accusations of discrimination?
• What threatens the employer for an unjustified refusal, proven in court?
• What language should be avoided when writing a written notice of rejection?

These and other issues that arise when there is a mismatch of points of view on a vacancy are discussed in this article.

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 only want to become one. The Labor Code of the Russian Federation does not say anything that the employer is obliged to immediately fill the vacancies that have appeared or to formalize labor relations with certain specific persons.

However, the Constitution and the Labor Code of Russia proclaimed the principle of freedom of labor, which guarantees citizens the possibility of unlimited choice of the type of activity and the use of the ability to work (Article 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 in the registration of labor relations. This right is duplicated in Art. 64 of the Labor Code, which explicitly prohibits discrimination in employment on any grounds other than professional and specified in federal law.

REFERENCE! The provisions on discrimination in the world of work were regulated as early as 1958 in Art. ILO Convention No. 111 and enshrined in Art. 19 of the Basic Law of the Russian Federation and in Art. 3 of the 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 RF Armed Forces of March 17, 2004 No.

The latest legislative innovation is the norm of the labor law (Article 64 of the Labor Code of the Russian Federation), which obliges 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.

Legal grounds for refusing a job seeker

The reasons that any authority deems legitimate for refusal can be associated only with the professional qualities of the candidate or with personal ones that can affect the quality of future activities. These are the reasons that should be stated in the written notice of refusal, which is considered reasonable.

IMPORTANT! It does not matter what was the incentive for the personnel officer to reject the candidacy: lack of the required diploma, tattoo or too avant-garde hairstyle of the applicant, the presence of 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 refusal to a candidate.

1. Inconsistency of the qualifications of the applicant with the vacant position (confirmed by the lack 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, testing, trials, etc.)
3. Unsuitable health condition for this vacancy (confirmed by medical documents).
4. Lack of suitable vacancies at the time of contact (to be confirmed).
5. Psychological inadequacy (confirmed by testing, interview, trial period).
6. Age-related reasons due to the Labor Code: some positions cannot be held by minors and persons who have crossed a certain line (Article 63 of the Labor Code).
7. An injunction against certain positions.
8. Unwillingness of the candidate to pass the trial period.

FOR YOUR INFORMATION! If the candidate was interviewed with a person not authorized to recruit, then a positive outcome may be recognized as illegal, and the refusal, on the contrary, justified.

Who shouldn't be denied

If none of the above reasons are voiced, the refusal can be recognized as discriminatory and even challenged during the trial.

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

The reasons for refusal, which are illegal, which are sometimes used by employers, are listed below.

1. Any signs not related to professionalism: skin color, nationality, political preferences, 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 status.

Unconditional candidates

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

• pregnant women and mothers;
• disabled people assigned to a position according to a quota;
• passed the competition;
• those who are employed by way of transfer (within a month from the moment of leaving the previous position).

Correct refusal

It is always unpleasant for someone who hopes to get a job to say, “You are not suitable for us,” but it is often a necessary obligation. Here are some ways to inform a candidate that his expectations were not met.

1. Silence is a sign of rejection... 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 received. If an unsuccessful job seeker asks to formulate a reason for refusal, the employer should do so, but in practice this does not happen often.
2. Legal notice by mail or electronic form... When making such mailings, the employer needs to be very careful about the wording of the reason for the refusal. Most often, the candidate is thanked for his attention to the organization, they are informed that the vacancy has been occupied by another, at the end they wish him 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 the 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 does not apply to legally legitimate, and when required to formulate it in writing, you should try to justify the refusal by a legally permitted reason.

How to draw up a written refusal to hire an employee

The document, the reclamation of 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 litigation. When issuing a refusal for employment, make sure that it certainly contains the following items:

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

Refusal to hire due to a criminal record

If a failed 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 a request. An employer who does not fulfill this requirement on time may be held liable.

It is necessary to draw up such a document very carefully, because it can become the subject of legal proceedings.

A candidate's criminal record is not an unconditional sign that can serve as a legitimate justification for refusing employment. Only certain positions require its mandatory absence in the candidate's biography: those related to financial responsibility, information technology, under certain articles, with teaching activities, as well as with service in the internal affairs bodies. In all other situations, it will be legally inappropriate to indicate a criminal record in the notice as the reason for refusing to hire.

ATTENTION! For notification, you need an official letterhead of the organization or an indication of all its details. The denial is recorded as outbound documentation. As in any legally significant document, the head's handwritten signature, date and stamp, if applicable, are required.

LLC "Lingvogeny"
Ref. No. 12/156
dated September 18, 2017
Raskidailov P.I.,
Yekaterinburg, st. Academician Postovsky, 12, apt. 28

NOTIFICATION
Dear Peter Ivanovich!

Thank you for your attendance at the interview at Lingvogeniy LLC on September 11, 2017. We regret to inform you that we have to deny you employment as a teacher of German in the middle age group in our training center.

According to the certificate provided, you have a criminal record under Art. 116 of the Criminal Code of the Russian Federation, relating to the categories of crimes against life and health. Despite the fact that you were not convicted, the investigation was terminated not on 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 underage students.

General manager
LLC "Lingvogeny" / Prokhorov / V. V. Prokhorov

Refusal to hire due to staff reduction

Reduction of the number or staff of an enterprise is a rather delicate procedure from the point of view of the law. Some of the employees are fired, while the question of hiring other personnel for these positions cannot go, otherwise the reduction will be illegal.

However, it may well be that due to the "reshaping" of the staffing table, other positions appear, or during the downsizing, certain vacancies are opened, and candidates want to take them.

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

In the event that the downsized employee refused the existing vacant positions and was fired, and then wants to get a job on one of the newly formed vacancies, he will also have priority over other job seekers. Although it is important to remember that the employer is not obliged to inform the previously dismissed employee about the vacancy.

In any case, the reduction of staff can in no way be among the independent legitimate reasons for refusing to conclude an employment contract.

Refusal to hire for business qualities

This 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 disguise with this wording the true reason for unwillingness to enter into an employment relationship, which is not lawful, the inadequacy must be documented.

According to the norms of business documentation, when filing a refusal, you must adhere to the following requirements:

• draw up a document on a letterhead or indicate the necessary details of the organization;
• register an outgoing document indicating the method of delivery to the addressee (personally signed or by registered mail with notification);
• justify non-compliance with business qualities with the requirements of job descriptions 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 refusing employment on the basis of inconsistency in business qualities.

LLC "Pishchepromavtomatika"
Ref. No. 14 / 118n
from 08.06.2017
Petrikovskaya E.S.,
Samara, st. 1st Beloretskaya, 3, apt. 11.

Dear Elena Sergeevna!

In response to your request dated 02.06.2017, substantiate the reason for refusing 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 of June 15, 2015, approved the job description of the head of the marketing department, which assumes a higher profile education and fluency in English.

From the documents you provided during the interview, it can be seen that you received a secondary specialized education in the specialty "economist", and also completed non-specialized courses of foreign languages. During the interview, it was revealed that your level of English is lower than necessary for fluent communication. In addition, secondary specialized education is not sufficient for this position.

Due to the inconsistency of your business qualities with the requirements stipulated by the job description, LLC Pishchepromavtomatika is forced to refuse you to conclude an employment contract for this position.

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

General manager
LLC "Pishchepromavtomatika" / Lisitsky / S. N. Lisitsky

Refusal to hire for health reasons

The state of health is an integral part of the business qualities of a job seeker. This is how it is interpreted by the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 17, 2004. Medical examination during employment is not mandatory for all professions, but for a number of positions and categories of employees, it is provided without fail. 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, educational institutions, catering, etc.), as well as for minors who are employed. The employer must be convinced that by admitting the applicant to work, he will not harm either his health or the health of people in contact with him in the course of work.

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

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

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

LLC "Golden Key"
Ref. 34/12
from 07/11/2017
Rainovskiy A.L.,
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 substantiate the reasons for refusing employment as a pizza master in the Golden Key cafe, we inform you the following.

Labor Code of the Russian Federation in Art. 213 requires a mandatory medical examination to work in catering organizations. The requirements for vacancies posted in the media and on the Internet indicated the requirement for a candidate to have a certificate of passing a medical examination in form 086-y. 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 for the application is incomplete. On this basis, we deny you employment.

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

General manager
LLC "Golden Key" / Limonova / L. D. Limonova

Refusal to hire due to lack of registration

When forming a state, 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 the basis for refusal to enter into an employment relationship. In Art. h. 2 tbsp. 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 associated with the business qualities of the candidate. Therefore, it is not considered as a factor that can affect employment.

Legally, such a refusal will be unlawful, discriminatory, which means that an unjustly offended applicant may well apply to the court for an appeal.

The denied person may well require a written reasoning, possibly for an appeal in court. The employer has no more than 1 week for this. Delay is also fraught with liability.

Even if the reason the applicant was denied is indeed related to his or her registration or lack thereof, the employer should not formulate it that way. The law does not allow discriminatory grounds for refusal to potential employees, therefore, an employer who wrote this reason in the refusal notice, thereby violates labor laws.

Refusal to hire due to lack of seniority

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 applying for 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 that the candidate has worked in similar or less senior positions.

The experience of a potential employee is reflected in his work book, which must be provided as part of a package of documents for employment. The hiring person can easily verify whether the work experience is appropriate for the occupation of a particular position.

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

LLC "Derevo-Style"
Ref. No. 16
of April 06, 2017
in response to the statement dated March 30, 2017 No.
ON THE. Lesnikov,
Voronezh, st. Apricot, 67, apt. 14

NOTIFICATION
Dear Nikolai Andreevich!

In response to your written appeal on March 30, 2017 with a request to substantiate the reasons for refusing to hire, in accordance with Part 5 of Art. 64 of the Labor Code of the Russian Federation, we inform you the following.

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

Why sometimes, even if you are a brilliant specialist, employers choose a less suitable candidate for any picky look? talked to experts and scored 9 most likely reasons for rejection.

1. The candidate emits the position "While I work, we'll see."

No company needs such personnel. Believe me, professional interviewers can see your intentions and desires in a particular company without any hesitation. Typically, the job requires permanent, tough workers, rather than temporary candidates who see the company as an intermediary in their careers.

Dmitry Zasukhin, manager: "Most often you have to refuse candidates who do not have a clear vision of themselves in the profession for 2-3 years. Yes, a person has experience, but he does not know exactly what he wants to do next. As a rule, such employees perceive the company as some kind of an intermediate version. I'll work, and then suddenly they will offer something better. "

One of our experts, Alexey Kravtsov, President of the Union of Arbitration Courts, explains: "In personal communication, the head can reveal the inconsistency of the candidate with moral and ethical qualities. For example, the applicant has a defiant appearance. If the team is male, this will immediately distract from work. If female, hostility will grow."

A lot also depends on the ability to present oneself correctly. The correctness of your appearance and behavior can influence the decision of a leader more than extensive experience. After all, your appearance can both inspire confidence and completely deprive yourself of any chance of getting the desired position.

Comments Ivan Sharov, CEO of the broker company:

"The candidate may not be suitable for the organization, and this is not uncommon. Very often companies see in such cases differences in values, in the way of achieving results, in the methods of working with personnel, and this is really a real reason for rejecting the candidate."

3. The candidate is clearly not ready to work in the proposed conditions

Typically, the candidate is faced with a number of questions from the employer, sometimes these questions are very non-standard. All this in order to compose the general moral character of the applicant. If the manager or the interior viewer sees that the candidate is simply not ready to work in a team or to perform a number of duties, then it is more likely that such a person will be refused. Often, workers who are just starting their careers are faced with such a situation, and here it is not even a lack of experience, but personal qualities: self-confidence, the ability not to panic in stressful situations.

Is talking Victor Erofeev, CTO of one of the St. Petersburg companies: "Appropriate experience is just the fact that a person did something somewhere, just an excuse to start a conversation. Next, it remains to be seen whether I and my team are ready to work specifically with him; I am ready. Does the applicant do exactly what is proposed; does he understand at all what they want from him; are there any irreparable contradictions in the issues of motivation, and so on. Discrepancies in these issues will be more than a real reason for refusal. "

4. Doesn't feel serious about business

“The thing is that we have a corporate code that reflects the ideology of the company and talks about the important requirements for specialists. They are more likely based on personal qualities and moral standards than on professional characteristics. When choosing an employee, first of all, we are guided by his attitude to business, enthusiasm and honesty when answering tricky questions, and experience can be gained in the process of work ", - says the head of the recruiting department of one of the marketing agencies Olga Nikitina.

Of course, not least of all the leaders pay attention to the attitude to business. As a rule, there are candidates who reveal their true nature only after some time. Therefore, employers try to research the candidate as best as possible: they check the authenticity of his resume, receive feedback from previous jobs, and sometimes even pay attention to the applicant's relationship in the family.

5. Verification of information reveals unpleasant things

This point is inextricably linked with the previous one. Sometimes the manager is forced to make sure of the good faith of the candidate, so the previous experience is checked: communication with previous employers, requests for letters of recommendation, and so on. Sometimes the answer is unsatisfactory.

"The result of checking the information specified in the resume. For example, the personnel department contacts the previous place of work, and it turns out that behind the wording" on their own "there was moral decay of the team, alcoholism, unscrupulous work ...", - says Alexey Kravtsov, President of the Union of Arbitration Courts.

6. The candidate will clearly not fit into the team

Olga Tatuiko, head of the personnel department of a consulting company: "There are always quite clear requests to the applicant for each position - a kind of" ideal picture "of the employee. Even if he is a mega-star in his business, but, for example, does not comply with elementary ethical standards (and this manifests itself immediately ) or is not a team player, then such a person does not suit us. When choosing from a mass of candidates, we focus on a person who best matches our "ideal picture" and the general direction of the company. "

The manager will never miss an opportunity to search again. After all, the main thing for every self-respecting company is its composition, the acting team. Therefore, it is important to implement a set of "ideal" candidates - people who meet all the requirements as much as possible.

7. The psychological profile of the candidate raises questions

"An equally important factor, and sometimes even more significant than similar experience, is the psychological profile of the candidate, his compliance with the corporate culture of the company, accepted values ​​and norms of behavior, as well as the candidate's motivation to work in this particular vacant position. In other words, if experience not enough, but there is a desire, ability, and the candidate shares the values ​​of the company, then it is better to take such a candidate and finish his studies in the first months of work than not motivated and not suitable in terms of personal qualities, "says Maria Ivanova, head of the HR department of one of the companies.

The psychological profile of a future employee is very important, since any employer will gladly take on a position a person who has high aspirations, strong motivation and clear ideas about what he wants to achieve. In a word, a specifically targeted person, even without much experience.

8. Salary expectations are inadequate

"A significant reason is the level of salary expectations of the candidate, which should correspond to his qualifications and the current market situation," says Svetlana Motalova, recruiting specialist for one of the companies.

Employers often do not indicate the possible salary as a criterion in the job description, since they want to clarify it "based on the results of the interview", which means personally discuss this issue and find out the intentions of the future employee. And these intentions must be adequate.

9. Professional competencies fall short

An applicant may be almost ideal for the position, with the exception of some professional skills or positions.

"For example, the planning competence is absolutely not developed, which will make the candidate unsuccessful already during the probationary period, since he will not be able to effectively organize his working day, prioritize tasks, will systematically" disrupt "the deadlines," comments Larisa Bogdanova, director of a recruiting agency, vice-president of the Association of Recruiting Agencies of the Urals (ARAU).

Alina melkonyan

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The company may incur administrative, and its officials - even criminal liability for failure to provide an applicant for an open vacancy with a written explanation of the reasons for refusing to hire. A well-drafted refusal to hire will help avoid such liability.

The likelihood of a situation arising is high enough when a rejected applicant for an open vacancy sends a request for an explanation of the reasons for refusing to hire. Previously, such a letter could be ignored, but on July 11, 2015, amendment to entered into force, which obliges employers, no later than seven working days, to give explanations in writing, which indicate the reasons for refusing to hire (as amended).

For failure to provide the applicant with a written refusal to apply for a job, administrative liability is provided ():

• warning or imposition of an administrative fine on officials in the amount of 1,000 to 5,000 rubles; for legal entities - from 30,000 to 50,000 rubles;
• in case of repeated violation - the imposition of an administrative fine on officials in the amount of 10,000 to 20,000 rubles or disqualification for a period of one to three years; for legal entities - from 50,000 to 70,000 rubles.

In addition, in addition to an administrative fine, officials are punished for unjustified refusal to hire a pregnant woman or a woman with children under the age of three (). This violation entails:

• imposition of a fine in the amount of up to 200,000 rubles or in the amount of wages or other income for a period of up to 18 months;
• or compulsory work for up to 360 hours.

Let us consider how the employing firm draws up a reasoned refusal to hire unsuitable jobseekers, what to look for when choosing a candidate, and in what cases the refusal will be legitimate, and in what cases it will be unreasonable.

Registration of refusal to hire

Failure cases can be roughly divided into two categories:

• hiring is expressly prohibited or limited by the legislation of the Russian Federation (see the section "Things to remember when refusing to hire" below);
• the applicant for his business qualities does not meet the requirements established for the applicant for a specific position.

The company may face various situations in which it is necessary to refuse an applicant for a job. For example, the submitted documents do not meet the requirements of the position; work that will need to be performed daily by a new employee is contraindicated for medical or age indicators. It is also possible that at the time of submitting the resume by the applicant, the firm had already made a decision in favor of another applicant who had responded earlier, and, thus, the reason for the refusal to hire was the lack of open vacancies.

In addition, the company may refuse to hire a candidate due to inconsistency in business qualities, the requirements for which are enshrined in the job description or other local regulations.

According to the legislation of the Russian Federation, the business qualities of an employee include his ability to perform a certain labor function, taking into account his professional and qualification qualities (for example, the presence of a certain profession, specialty, qualifications), personal qualities (for example, the state of health, the presence of a certain level of education, experience work in this specialty, in this industry) ().

At the same time, the company has the right to present other requirements to the applicant that are not established by the legislation of the Russian Federation, but are mandatory for the conclusion of an employment contract by virtue of a direct prescription of the federal law, or which are necessary in addition to standard or typical professional qualification requirements due to the specifics of a particular job ( for example, proficiency in one or more foreign languages, the ability to work on a computer) ().

Consequently, the company can specify in the vacancy additional requirements for the position for which the applicant is applying.

However, in the event of labor disputes, it will be necessary to justify the need to establish a list of additional requirements. The list should reflect the peculiarities of the implementation of the functions of a particular position and the nature of work. For example, an additional requirement that an applicant applying for the position of a land surveyor has the skills to work in specialized programs (for example, MapInfo or AutoCAD) may be due to the need to perform work that involves computer processing and correction of land survey information. In addition, the company has the right to require the applicant to have the necessary experience in the relevant field of activity or in a certain specialty (profession), specialized knowledge to perform daily labor functions.

Thus, in order to prepare the most reasonable notice of refusal to hire, we recommend that you draw up detailed and up-to-date job descriptions that reflect work in a particular organization. They must list the qualification requirements for the position and real additional knowledge and skills.

Often, heads of personnel departments and production departments treat such an important document very formally. It is no secret that job descriptions are drawn up on the basis of templates, sometimes the only change in which is the name of the organization and the name of its head. A detailed study of functional responsibilities, indicating a number of special skills, a certain level of education and work experience in the specialty, in the future will allow the company to legally and reasonably refuse to hire an unsuitable candidate, and a new employee to quickly get up to speed in a new place.

If the above requirements are not enshrined in the job descriptions, then in order to justify the refusal of employment, it is necessary to refer to the norms reflected in the legislative acts of the Russian Federation.

Things to Remember When Refusing a Job

Concluding an employment contract with a specific jobseeker is a right, not an obligation, of the company. does not contain norms that oblige to fill vacant positions immediately as they arise. The Supreme Court of the Russian Federation indicates that the employer has the right to independently, under his own responsibility, make personnel decisions for the purpose of effective economic activity and rational property management ((hereinafter - Resolution No. 2)).

Thus, the company can freely select the candidates for the position that are most appropriate to the specifics of the work, drawing up a detailed job description for it.

At the same time, the specialists of the personnel department and heads of organizations first of all need to pay attention to whether the candidate falls under the category of persons whom the legislation of the Russian Federation prohibits hiring.

So, the legislation prohibits or restricts admission to an open position:

• persons under the age of 16 (with the exception of performing light work that does not harm their health, in their free time from receiving basic general education and without prejudice to the development of the educational program) (,;,);
• persons under the age of 18, for attracting part-time work (), to work on a rotational basis (); to work with harmful and (or) hazardous working conditions, in underground work, as well as to work, the performance of which may harm their health and moral development (gambling business, work in night cabarets and clubs, production, transportation and sale of alcoholic beverages, tobacco products, narcotic and other toxic drugs, erotic materials); to work related to the carrying and movement of weights that exceed the maximum limits established for them ();
• persons under the age of 18 for working with narcotic drugs and psychotropic substances, as well as for activities related to the circulation of precursors (approved);
• persons under the age of 18 for work related to the direct service or use of monetary, commodity values ​​or other property, requiring the conclusion of a written agreement on full liability ();
• women to carry out work related to lifting and manually moving weights that exceed the maximum permissible norms (; Decree of the Government of the Russian Federation dated 06.02.1993 No. 105);
• women for work with harmful and (or) hazardous working conditions, as well as for underground work (except for non-physical work or work on sanitary and domestic services) (;);
• part-time workers, if they apply for work as the head of the organization in the absence of permission from the authorized body or the owner of the organization at the main place of work ();
• part-time workers, if they apply for work related (like their main activity) to driving or driving traffic ();
• persons without documents required for employment in accordance with the requirements of labor legislation ();
• of persons applying for work with harmful, difficult or dangerous working conditions for a position on a part-time basis, but did not provide the documents necessary for hiring in accordance with the requirements of labor legislation place of work (,);
• foreign citizens who have not granted a work permit (with the exception of certain categories of persons ((hereinafter - Law No. 115-FZ)));
• persons who have not passed the mandatory medical examination for work: in the food industry, public catering, trade, in medical and prophylactic and children's institutions; in organizations with harmful and (or) hazardous working conditions; associated with traffic (,); in the regions of the Far North and equivalent areas ();
• persons under the age of 18 and have not passed the mandatory medical examination (,);
• persons disqualified to work in the positions of the head of the organization, medical or pharmaceutical personnel ();
• foreign citizens temporarily staying in Russia to work as a chief accountant or other position in which the employee is entrusted with accounting ().

If the above categories are not among the applicants, then the next condition is the presence of a package of mandatory and additional documents necessary for the position, established by law.

If all the documents are in order and available, then they further consider the business qualities of the applicant, his ability to efficiently and effectively solve the tasks assigned to him during the entire period of work.

Of course, the company itself decides which of the considered candidates is most suitable, taking into account formal and informal requirements, internal rules and its corporate culture. However, in this case, it is imperative to be guided by the provisions of the legislation of the Russian Federation and be ready to explain the legality and validity of the refusal to conclude an employment contract.

In addition, there are reasons why it is forbidden to refuse a job.

So, the employer will violate the current legislation if he refuses the applicant for an open vacancy for one of the following reasons:

• discriminatory nature of motives not related to business qualities (gender; age; property, family, social and official status; place of residence (including the presence or absence of registration at the place of residence or stay); race; skin color; nationality; language; origin ; attitude to religion; beliefs; belonging or not belonging to public associations or any social groups) ();
• women for reasons related to pregnancy or the presence of children ();
• to persons invited to work in writing by transfer from another employer, within one month from the date of dismissal from the previous place of work (part 4 of article 64 of the Labor Code of the Russian Federation

  Please note that the requirements so often found in job advertisements regarding the age of the employee, as well as the presence of permanent or temporary registration in the city where the vacancy is open, are discriminatory reasons (Article 64 of the Labor Code of the Russian Federation;).

  Elena Ermilova , HR Specialist at Acsour

The problem that many job seekers face when trying to get a job is a banal refusal. What is its reason? And what can a candidate do in this situation? The TV channel "Success" discussed these issues with Vladimir Yakuba, a permanent expert of the program "Personnel Resolve".

There can be many reasons why an employer refuses to hire, but often job seekers hear something vague like: "You are not suitable for us." According to article 64 of the Labor Code of the Russian Federation, "at the request of a person who is refused to conclude an employment contract, the employer is obliged to inform the reason for the refusal in writing." Also, the article clearly states that the refusal cannot be carried out due to “gender, race, skin color, nationality, language, origin, property, social and official status, age, place of residence (including the presence or absence of registration at the place of residence or stay), as well as other circumstances not related to the business qualities of employees. "

What are the most popular reasons influencing the employer's decision to deny a candidate the desired position?

So, 10 reasons for refusal to apply for a job:

1) Salary

The question of whether to approve the applicant for the position or not is decided by itself when it comes to salaries. The demand for a high salary with a low level of professionalism and vice versa - the consent of a professional to work for a low pay is the main reason for refusals. In the first case, the employer may see the so-called "freeloader" in the applicant, and in the second - be on the alert, since it is likely to suspect that the applicant is hiding some facts.

2) Lack (or excess) of professionalism

No less popular reason for refusal. Very often those who do not have sufficient skills or knowledge want to get a prestigious and well-paid job.

3) Lack of punctuality

Being late can not only create a bad reputation, but also put you out of the game altogether: the employer can completely refuse to interview you or, in order to save time, call the next candidate, who, even with less professionalism, will look much more advantageous against the background of the late or did not show up for the interview at all applicant.

4) Defiant behavior or inappropriate appearance

In order to make the right impression in a job interview, it is best to do research on the nature of the employer in advance. Facial piercings or bright hair color can ruin the mood for some conservatives, but there are also employers who are annoyed by their well-dressed and well-combed personalities. One way or another, the tactlessness and neglect on the part of the applicant will not please anyone.

5) Lack of qualities necessary for successful work in this position (as well as the presence of qualities that interfere with work)

The lack of qualities is to some extent associated with a lack of professionalism, but if the latter is knowledge and skills (foreign languages, the ability to provide first aid, etc.), then qualities are personal, personal characteristics of a person. For example, the lack of mobility and leadership qualities can hinder when applying to a certain professional field, but will not become a barrier if the applicant wants to work in another industry.

This also includes bad habits, the presence of which can also affect the employer's decision.

6) False information and negative recommendations

Wanting to present themselves in a more favorable light, some job seekers distort information about themselves, adding non-existent data to the resume or embellishing existing achievements. Needless to say, nothing good happens when a deception is revealed?

7) Illiterate resume writing

If, when writing a resume, you deviate from generally accepted rules for its preparation, then there is a high probability that you will find yourself on the losing side. Literacy also affects the impression you make - you should not recommend yourself as an illiterate person, and besides, it is much more pleasant for an employer to read a resume in which there are few or no mistakes.

8) too high or too low self-esteem

It's easy to find a middle ground - to be modest, but self-confident, soberly assess yourself and your capabilities.

9) Frequent change of place of work

The excuse “I tried to find what works best for me!” Is usually rare. Only if there are positive recommendations from previous jobs, the employer's suspicion can come to naught, otherwise the applicant will be considered either a very conflicted person or unsuitable for work due to other personal qualities. Both, of course, will not put you in a winning position.

10) Unavailability for an interview

This sometimes includes a lack of punctuality and defiant behavior, but now we are talking about a psychological state. For example, if the employer feels insecure on the part of the applicant, then there is a high probability that he will refuse him.

In addition to those listed above, there are other "so-called" reasons that employers voice only in order not to upset the applicant and prevent him from losing self-confidence:

Insufficient level of foreign language proficiency or insufficient computer skills;

A message about another candidate who is stronger and more suitable for the position;

- "the vacancy was closed by an internal candidate";

Vacancy freeze message.

The first thing to do after hearing this is to calm down. After all, these reasons can be both "imaginary" and real. Of course, it is very difficult to maintain composure and a sober view of the situation in a situation of permanent stress. And yet, try to analyze:

How correctly do you assess your professional qualities? (maybe you belittle them?).

How prepared are you for the interview (after all, it is worth not only revising your resume, portfolio, etc., but also finding out more about the company where you are going).

How ready and open are you to communicate? (that's why it is CO-conversation, that you should not be a silent beech or show with all your appearance that everyone around you owes you).

The main thing is to remember that when a person is enthusiastic and does his job with joy, everything will definitely work out for him. The rest is just a matter of time.

Also try to treat the job search process as an opportunity to meet interesting people, as an entertaining process in which you can build a strategy and think over tactics, as an experience that will definitely be useful for your personal growth and your professional qualities.

If you are looking for a job now, we hope that our recommendations were helpful to you.

You will certainly succeed! We wish you success!