General rules for hiring are established in the Labor Code of the Russian Federation. In accordance with them, the appointment by the employer of a person to any position is carried out by mutual good will of the parties. But freedom in making decisions for neither the applicant nor the employer is not considered absolute.
Requirements
As one of the main obstacles for a citizen to exercise his right to work, which is constitutionally fixed, there is, in addition to factual circumstances, the need to have a certain qualification. For the fulfillment of many duties, a diploma certifying the receipt of an appropriate education or a special permit for the implementation of certain types of activities is required.
Along with this, the rules for hiring workers also establish an age limit. The provisions on certain types of activities indicate a minimum or upper limit. The latter, for example, takes place when hiring for work in the bodies of the Ministry of Internal Affairs, military units and so on. Other requirements that do not contradict the law may be presented to a candidate for this or that position. For example, this may be a certain level of physical fitness, the presence of any skills, and so on.
Special categories
The rules for admission to work include prohibitions on individuals to carry out a particular activity. So, for example, women and adolescents are not allowed to do harmful work and work, associated with heavy physical exertion. The rules for the admission of minors to work do not allow the appointment of these persons to positions related to the maintenance of material assets. For example, they cannot be collectors, cashiers, and so on. In addition, minors are not allowed to participate in work in places that could negatively affect their morale.
Important points
Significant difficulties in hiring can be caused by the requirements of the employer for the provision of certain securities, a list of which is available in the legislation. Being an identity document, a passport can also be used to find out the residence of a future employee. Living in the immediate vicinity of the place of business is not a prerequisite, but can be of great importance for the employer. The freedom of the employer with respect to the admission of a citizen to the enterprise may be limited by the financial means that are supposed to pay the latter.
Law requirements
The employment rules contain a list of circumstances in which the employer is not entitled to refuse to appoint a person to this or that position. These include, for example:
- race
- religion;
- tongue;
- location;
- nationality;
- membership in public organizations;
- official, property and social status;
- floor.
Groundless refusal
The law provides for a number of cases in which the employer is required to hire a person to work, even if the manager does not want to. This, for example, concerns employment of persons with disabilities. Also, the employer does not have the right to refuse a woman because of the presence of her children or pregnancy. This provision is established in Art. 64 shopping mall. It contains an indication of a ban on refusing unreasonably to provide work to citizens.
There are many ways to interpret it. A refusal may be unmotivated or have motives not contained in the law, not related to the professional level of a citizen, and so on.However, some authors propose concretizing this provision. This can be done if not by defining qualifications, for example, then at least by listing the acceptable motives. However, putting this proposal into practice can finally tie the hands of the employer. In fact, the head of the enterprise knows better who is worth hiring and who is not, and he makes a decision based on the specific situation, organization features and personal qualities of the applicant.
World practice
Continuing the consideration of refusal of employment, it is advisable to give an example of the UK. In this country, the courts quite zealously defend the rights of the employer not to satisfy the request of a person who came to him at the enterprise. State law stipulates that no one is authorized to force management to enter into an employment agreement. The only exceptions are disabled people and dockers. Moreover, their number should not exceed 3% of the total staff.
Medical Examination
The rules for hiring citizens provide this procedure for certain categories. These include, in particular:
- Persons entering an enterprise with harmful working conditions.
- Minors.
- Persons who will carry out activities related to the care of children, patients, the food industry (educators, doctors, teachers, cooks and so on).
- Citizens recruited for work, which requires specific psychophysical data (collectors, pilots, drivers).
Employment contract
The moment when a citizen is considered to be hired is the signing of the relevant order. The employee gets acquainted with this document on receipt. In some cases, the employer, due to his own absent-mindedness or intentionally, does not properly register a person at the enterprise. This fact is regarded as a violation of the rules for hiring. The actual assumption of the implementation of activities at the enterprise is the conclusion of an employment contract. From this moment, the employee begins to pay salaries. However, he acquires his duties and social rights.
New hiring rules
Until recently, the main way to enter enterprises was the personal filing of an appropriate application addressed to the head. Today, the rules for hiring an employee allow the exchange of electronic documents. This method is especially common when performing remote activities. Art. 312.1 of the Labor Code provides that the employment relationship between employers and remote workers is formed by the exchange of electronic documents, confirmed by digital signatures. The transfer of securities is carried out through public telecommunication networks, including the Internet. Documents bearing a digital signature are equated to ordinary papers with a real signature (by hand) and a wet seal.
Local acts
The rules for hiring provide for the need to familiarize the future employee with certain documents adopted by the organization. Such local acts in particular include:
- Job description.
- Disciplinary rules.
- Certification Regulation.
- Safety instructions.
- Regulation on the unit (department) where the work will be carried out.
- Schedule.
- Regulation on trade secrets.
- Shift schedule.
- Regulation on salary.
Disciplinary provisions
The rules establishing the internal regulations of the enterprise may be attached to the employment contract. The agreement may also include a note that the employee has read the disciplinary provisions. By signing an employment contract, he also confirms that he has read the existing rules.If the company does not have disciplinary provisions, a time sheet for labor activity, disciplinary sanctions for employees who are late or absent, as well as employees who voluntarily leave the workplace, cannot be applied.
Ordering
The rules for hiring provide for a certain procedure for the compilation and publication of documents relating directly to the receipt of a person in the enterprise. The manager’s order to hire a citizen for work is provided against receipt within three days from the date of conclusion of the labor agreement. The employee has the right to request a certified copy of the order. When drawing up the order, the manager must indicate:
- The name of the unit (department).
- Position of the future employee.
- Probation.
- The nature of the work. This can be a transfer from another organization, part-time work, replacement of a temporarily absent employee, performance of a specific type of activity.
- Admission Terms
It should be noted that the order cannot replace a labor contract. The order acts as a unilateral local act of the employer.
Employment history
According to Art. 66 (Part 3) of the Labor Code, this document must be filled out at the enterprise for each employee who has worked there for more than five days. In accordance with the order, staff employees contribute in the workbook record about enrolling a person in the organization’s staff. In this case, the law provides for some cases in which this mark may not be made. In particular, no entry is made in the workbook if the employee works part-time or remotely. In accordance with Part 6 of Art. 312.2 of the Labor Code of the Russian Federation, a document may not be executed if the contract between the tenant and the remote employee is concluded for the first time.