When hiring an employee, each employer has the right to know whether the applicant has problems with the law. The presence of a certificate of criminal record (criminal record) may cause refusal to conclude a contract even for positions with a minimum level of requirements. However, refusal to accept a job due to a criminal record is considered illegal, and the very requirement of such a certificate is also illegal.
Consider in what cases a criminal record is requested when applying for a job.
Is this help needed?
The basis for the relationship between the employee and the employer is an employment contract. If, as agreed with the head of the applicant, the applicant was admitted to the workplace, then they must draw up this document with him within three days.
The Labor Code of the Russian Federation establishes a list of documents for the employer that he is entitled to demand from the applicant.
It includes:
- passport (other identification card);
- certificate of education (diploma or certificate);
- employment record (if any);
- liable for military service - military ID;
- SNILS (if available).
The Labor Code of the Russian Federation has established restrictions for the occupation of a particular post related to criminal prosecution in the present or in the past (for example, work as a collector). In this case, the head has the right to require a criminal record (criminal record). In other cases, the employee is not required to provide such information, and refusal to hire is considered discrimination. And the applicant has the right to challenge the refusal in court.
Who needs a criminal record when applying for a job?
The TC contains a list of posts for which a certificate of criminal record is required for admission:
- Educators, i.e., persons involved in the education and training of children and adolescents. Moreover, such certificates may require not only those applying for a job, but also those who already have a solid pedagogical experience. (Article 331 of the Labor Code of the Russian Federation).
- Inquiries will also be required for employees, working with children in other areas (organization of leisure, recreation, sports, art, culture, medical services).
The purpose of such requirements is to protect minor children from possible negative impact.
But the remaining categories do not need a criminal record when applying for a job.
Not all past crimes have limited access to these professions. In the TC there is a list of crimes that make teaching activities unacceptable. These include crimes of a grave and especially grave nature. An unexpunged or outstanding conviction closes forever the path to teaching specialties.
These include crimes committed against the person. More specifically, directed against:
- sexual integrity;
- the lives of citizens;
- human health;
- freedom of citizens;
- human honor and dignity;
- minors;
- families.
The law is harsh also for those who committed atrocities against the health of the population as a whole, and not just individuals, the security of the country, the constitutional system of the state. But economic crimes are not included in this list. In this case, a job certificate of no criminal record is needed.
Other specialties
In addition to teachers, there are other posts that require cleanliness before the law:
- civilian air personnel;
- FSB officers;
- customs officers;
- employees of clearing companies;
- prosecutors;
- SK employees;
- security officers of the fuel and energy complex and transport;
- Board members of cooperatives (housing and manufacturing).
Given the complexity of data verification, the period of execution of a certificate of no criminal record is 1 month, in some cases the procedure may be delayed for a longer time. Those who provide fake certificates are threatened with termination of the contract and dismissal under the article.
Bearing the status of “convicted” brings its owners in everyday life a lot of trouble. This is especially related to employment. Many companies take care of their impeccability and, under any pretext, do not take the convicted to work. At the same time - not related to a criminal record, since no employer can refuse to hire such a person (except for cases stipulated by law). Work as a collector in this case is an exception.
Knowledge of laws and the ability to assert their rights can help convicted persons find employment, and therefore ensure their continued well-being.
So, how to become worthy citizens of your country, get a good job, and not remain an outcast?
Concepts such as “convicted person” and “lawfully released” should not be confused.
Where can not get a person who had or have a criminal record?
When starting a job search, convicted persons, as well as those whose convictions have been canceled or canceled, should be familiarized with a list of posts that they cannot hold under federal law. The issuance of certificates of criminal record is carried out by the territorial division of the Ministry of Internal Affairs.
For example, some individuals who have been punished for certain crimes, even after the termination of a criminal record, will not be able to engage in pedagogical activities.
Such as:
- committed crimes against the health and life of citizens;
- convicted and punished for committing criminal acts against the honor, dignity and freedom of citizens;
- committed crimes related to violation of sexual integrity and freedom of persons;
- convicted of crimes against the family and family values;
- convicted and punished for crimes against the constitutional system of the Russian Federation and the country's security, as well as public safety.
Conviction and employment - the issue is now very relevant. For the above crimes, as a rule, a deliberate form of guilt is typical, and they themselves belong to the category of especially grave and grave ones.
Positions that cannot be held with a criminal record
Convicted citizens may not hold the following positions:
- associated with the use of narcotic and psychotropic substances;
- judge;
- prosecutor
- Member of the Constitutional Court of the Russian Federation;
- law enforcement officer;
- Security Officer
- teacher;
- lawyer;
- aviation personnel;
- medical worker.
These restrictions are legislatively fixed by special acts.
How to start a job search?
So, where can I get a job with a criminal record?
Before looking for a job, you should familiarize yourself with the legislation establishing labor restrictions for persons who have a criminal record. When applying for positions prohibited for such citizens, a certificate of the absence of this criminal record is required, therefore, it will not be possible to hide it.
Attempts to get a position that is related to the mat. liability in private or public companies are also doomed to failure.
We advise you to start with small private firms with a low salary, as a larger company may have questions about a break in seniority and lack of work experience. There you can clarify whether a criminal record is needed.
When filling out the answer to the question of a criminal record in the questionnaire, it is better to write the truth, becausethe security service, this fact of your biography will sooner or later become known. Therefore, it is better not to hide anything in this matter right away.
If you can’t get a job contract or no worthy offers, you can try to start a business. But in individual entrepreneurship there are limitations for convicted persons.
Restrictions on certain activities
Obtaining permission to engage in certain activities for convicted citizens will be difficult. These are such as:
- private detective work;
- educational;
- security;
- banking, lending (in the case of conviction for acquisitive crimes, the object of which is property).
If none of the above options are suitable for you, contact your regional employment service. There you will be registered and you can use their information base. It is also possible to take retraining courses, at the end of which it will be easier to get a job without providing certificates of criminal record.
The procedure for removing a criminal record ahead of schedule by going to court
As a rule, convicts and those who have been punished try with their impeccable behavior to prematurely terminate a criminal record through a court.
Based on the Code of Criminal Procedure, convicted persons can apply to the court with a request for early withdrawal of a criminal record. It is necessary to provide facts confirming the moral behavior of the convict and his legal way of life, for a certain period.
In the form of evidence, you can use:
- A police certificate stating that a citizen was not brought to administrative responsibility.
- Characteristics issued at the place of work or residence.
If the judgment was unsatisfactory, a second appeal can be filed in a year. A criminal record is terminated after a certain time has elapsed, depending on how serious the crime was.
Who draws up a criminal record when applying for a job?
The process of obtaining a certificate of no criminal record
To get such a certificate, you need to contact:
- To the Russian website of the State Service.
- In the territorial division of the Ministry of Internal Affairs.
- At the MFC.
The following documents must be submitted to these instances in order to obtain a certificate:
- copy of passport;
- application for a certificate indicating personal data of a citizen.
Instead of a conclusion
The application must be completed correctly and submitted personally by the applicant. In Moscow and other cities, registration lasts no more than 30 days, but sometimes you can wait 60 days for an answer if there are appropriate grounds. In the event that a certificate must be provided to the employer for employment, its validity is indicated in the document.