The right to work is of great importance, and also belongs to the category of fundamental privileges of a person. Citizens provide for their needs through the implementation of labor activities. Today, the issue of ensuring equal access to jobs is especially acute. Any violation of the rights of employees (including discrimination at work) is a violation.
General Provisions
The free exercise of labor is enshrined in the Universal Declaration of Human Rights. There are also other international legal acts that govern the rights of people in this area.
Therefore, citizens should be given equal rights, regardless of nationality, race, gender and religion. All existing international provisions prohibit age discrimination and proclaim the human right to work as a core value.
What is discrimination?
Discrimination is interpreted as a restriction of human rights on a certain basis. Preferences or restrictions that potential applicants can count on are enshrined in law. Discrimination is manifested on various grounds that distinguish people from each other. First of all, it is gender, marital status, nationality, age, political views, religious beliefs.
In our country, all guarantees of human rights, equality and freedoms are enshrined in the Constitution of the Russian Federation. The issue related to age discrimination in the field of labor relations is highlighted in particular because it is socially significant. Modern law prohibits forced labor and proclaims a person’s freedom in choosing a profession. The law guarantees workers certain rights, and also protects against unreasonable restrictions, including age discrimination. It is important to know that in Russia, as in other countries of the world, the manifestation of this phenomenon is illegal. Legislation emphasizes the principle of equality with specific terminology. The subjects of labor relations do not have gender, age, or other distinctions; the definition unites all workers in one category.
Restrictions for citizens
There are some restrictions that are legalized and are not considered discrimination. They do not infringe on the rights of people, but support and protect the interests of workers in the field of labor relations. Also, the existing restrictions are established in connection with state interests and special requirements for a particular profession.
Exceptions are addressed in the Labor Code and other labor laws. The physiological differences between women and men suggest greater or lesser suitability for certain types of work. The law establishes restrictions on professions when performing labor functions related to lifting weights and carrying things. Similar restrictions are provided for young workers under 18 years of age. There are many examples of age discrimination that almost every person encounters. For example, if a company dismisses employees due to the fact that they have reached the age of 40, but at the same time they are highly qualified, then such actions are equated to illegal. Age discrimination in Russia has intensified in the last three years, as evidenced by numerous studies and surveys of workers. The colossal scale of this process scares not only the elderly, but also young professionals.About 60% of applicants who face rejections from employers complain of age discrimination. Companies set strict limits for administrative staff, top managers, heads of structural divisions. Not all employers are willing to consider candidates for jobs older than 45 years, because they are worse trained and perceive new information. Also, older people do not always fit into the workforce, as the average age of employees is from 30 to 40 years. Of course, Russian companies do not admit that they refuse to hire because of the "inappropriate age". However, the spread of discrimination in Russia was recorded by the International Labor Organization.
Manifestations of discrimination
The experts note that 50% of job postings are discriminatory. Unlawful requirements for age, length of service, and gender are most common. Some ads indicate requirements for appearance and even the zodiac sign. Employment agencies should reject such advertisements and inform employers of existing legislation. In practice, agencies are limited only to the remark that they are not responsible for the content of such ad requests. However, the employer may be held liable for such advertisements, as they are evidence of age discrimination at work.
Other violations that candidates for the position can use when applying to the court are widespread. This is the conduct of various tests that use questions that are not related to professional competence. Violations include passing a medical examination at your own expense, providing documents not prescribed by law, and much more. Some applicants were denied work due to their lack of registration. This practice is widespread in Moscow and other large cities.
Who is preferred?
The employer should be based on qualification and professional motives in case of refusal to hire “inappropriate” specialists, which will allow to avoid accusations of discrimination. Many companies prefer to hire young professionals with extensive experience. However, this requirement contradicts itself, because where can one gain experience if one cannot be hired without it.
Discrimination of employees by age at work is the most common in our country, and for an employer, an employee can be either too old or too young.
The essence of the problem
An acceptable age for recruiters is in the range of 23 to 40 years. Potential employees who do not fall into this range fall into the so-called cut-off category. Priority is given to employees who are ready for intensive work and emergency changes in the work schedule. There is an opinion that people at the age of 45 are aimed at the search for stability and comfort, so they are not ready to give themselves completely to work for the well-being of the organization.
Employer preferences
Specialists note that the sales sector is the youngest industry and the most sought after in the market. There are almost no workers older than 45 in this area. Also in the IT technology industry, the number of employees over the age of 40 does not exceed 5%. This phenomenon can be explained by the fact that work in these areas involves the presence of certain personal characteristics. Eccentricity, the ability to take risks and make decisions quickly - these qualities are more characteristic of young professionals.
The results of the studies show that the largest number of people over 40 are employed in the construction industry.This is due to the fact that employers in this sector of the economy give preference to experienced workers with certain professional skills and executive discipline. Rational and far-sighted employers make their choice in favor of the most worthy candidates who are most consistent with the position. The right of the employee in this case is based on voluntary entry into contractual relations.
Guarantees of citizens
The Labor Code of the Russian Federation prohibits the unlawful refusal to conclude an employment contract with an employee. Otherwise, the official is obliged to inform the employee of the reason for the refusal in writing. However, not all personnel officers issue a document that can be used to appeal to the judiciary. In this regard, many workers send this requirement in writing by mail.
Such actions will prove that the appeal was sent to the employer and was ignored by him. If the court proves the refusal on a discriminatory basis, the employer will be required to conclude an official employment contract with the employee.
Employer Responsibility
The law contains legal measures to combat discrimination. All labor disputes related to the unjustified refusal of employment are considered by the judicial authorities. If the applicant considers that the refusal received is unlawful, you can go to court. Recently, compensation on these grounds has often been recovered in favor of workers. In each case, the amount of compensation is determined at the discretion of the court.
If the employee’s rights have been violated, you can contact the Federal Labor Inspectorate. Complaints regarding age discrimination in employment are reviewed and verified. In the event that an offense is established, an order to eliminate them is issued to the employer. In addition, the company may be held administratively liable. A fine of up to 5,000 rubles may be imposed on an official. If the violation was committed by a legal entity, the size of the fine can be from 30,000 to 50,000 rubles. If violations on the part of the employer occur on a regular basis, then the official will be disqualified for up to 3 years.
Legal regulations
Discrimination by age at work is widespread due to prejudices about the lesser working capacity of people who have reached advanced years. To a lesser extent, this phenomenon applies to young professionals. However, the lack of experience and certain skills in them is compensated by the desire to advance in the service, learn and develop professionalism. Regulates age discrimination article 63 of the Labor Code of the Russian Federation. Article 37 of the Constitution of the Russian Federation stipulates that citizens have the right to work and appropriate remuneration. According to Art. 3 of the Labor Code of the Russian Federation, citizens can not be limited in their rights and freedoms or receive benefits depending on skin color, language, gender, place of residence, age, etc.
Conclusion
The prevailing stereotypes are quite absurd, because young people can not start a career, and people of old age are not needed by anyone. Of course, there are professions in which this parameter is really important: militiamen, security guards, waiters, etc. There are also professions in which increased demands on various factors are quite justified and objectively presented. Examples of age discrimination at work can be found everywhere, even when looking for work on various sites. A competent employer will always see the potential in the employee and find the right way to unlock it.
It is important to pay attention to the demographic trends of society: the aging of the nation, the decline in the birth rate. Employers need to overcome prevailing stereotypes and exclude them from personnel policy.In this article, we tried to analyze the problem of age discrimination, since it is relevant for many people.