What's wrong with hiring in IT?
Recently bombed article about painful and forced the answer to it is .
In fact, there were two camps or even more, but did anyone even think of looking into the legislation?
Why there is labor law and workers' rights.
What are the legal consequences of the test task?
How to receive a salary on illegal refusals.
Wikipedia /Workplace_ . It would seem a lot of things are written, but really nothing is said.
The essence of the fact is that by submitting to the law of a specific civilized state and participating in its financial system, a person gives a part of his independence in exchange for guarantees of employment, protection and social security. This imposes certain responsibilities on the employer, which he is obliged to accept and perform.
This implies a lack of "legibility" to ensure the right to equal access to work and to prevent other discrimination. As a matter of fact, the employer is obliged to hire any person who meets the requirements in the announcement. From this it follows that they are obliged to take a resume in the order of the queue. If the employee was not invited for an interview, and the ad is not deleted or re-posted, then this is a direct, demonstrable discrimination. Even to many workers this may seem a little absurd, but it was for this that blood was shed. By the way, now it has reached the sad requirements in the Code of Conduct of some projects
Many employers still live with the mentality of the slave system, considering people a resource that can work as a device with strictly specified technical parameters, they are driven to wear and tear without maintenance and replaced with a breakdown. In the circle of such slave-owning entrepreneurs it is completely inappropriate to stammer on the rights of man and the working people. They surround themselves with HRs with exactly the same mentality, which further bend the stick in the best traditions of conformists. A whole industry of recruiting lives on a secret commission from an employee, making people a commodity. Often this secret kitchen can be the reason for refusing to hire.
I would like to say that this is the specifics of the post-Soviet space, but this is far from the case. Such entrepreneurs are everywhere, but of course their number is indecently large.
2. What are the legal consequences of the test task?
In the Labor Code of most socially developed countries, the following procedure for hiring is envisaged:
A potential employee is interviewed.
A person is hired for a probationary period (no more than three months).
If the employee is not dismissed during the probationary period, then he has all social guarantees.
For example, in the labor legislation of the Republic of Latvia everything is clear with the procedure for hiring, and in the Labor Code of the Russian Federation is a little more confused and scattered throughout the chapters.
, the labor law seems to lack the notion of "verification task", "verification of knowledge" or something similar between the candidate and the employer - this is only for certain categories of the type of miners and in the powers of individual authorities within the framework of labor protection. The qualification of the employee is confirmed by the documents on
education ( .Chapter 31 of the RF Customs Code )!
, in the Russian TC stupidly there is no concept of interview - it is not directly regulated, which is extremely sad. Instead, it is required to rely on indirect norms from the Constitution, international obligations of the Russian Federation and other norms of the RF TC. And the elephant was forgotten! It turns out the employee is required to hire a little bit not automatically. Paradox!
, proceeding from st.16. TC RF :
Labor relations between the employee and the employer also arise on the basis of the actual admission of the employee to work with the knowledge or on behalf of the employer or his authorized representative to do so in the event that the employment contract has not been duly formalized.
This directly means that the assigned test task is established between the candidate and the potential employer LABOR RELATIONS!
, Testing, incl.
test task is part of the employment contract and labor relations
art.70 of the RF Customs Code . The same is based on the description of the employment contract art.57 of the LC RF .
, proceeding from the same article 70:
The absence in the employment contract of the test condition means that the employee is hired without testing.
As you understand, labor relations are subject to payment. Without an employment contract, the employer already has administrative or even criminal liability in the case of giving a test task to an alien.
The candidate has the right to recognize himself as an employee without a probationary period and to demand payment from the moment the test task is received. An employee without a probationary period can not be dismissed for nothing.
3. How to receive a patch on illegal denials
Everything is simple:
Look for a lawyer in the case.
Submit your resume.
You receive the test task.
For decency you perform qualitatively, but this is not necessary.
Wait for the due date.
Apply to the court with the requirements of recognition of labor relations and payroll from the moment of the test task.
If ZP is not listed in the announcement, you can try to clarify it in the correspondence or the average level of ZP in the enterprise for such a position may be requested by an attorney.
Yes, there are customs, but if regulated, they are canceled. A test task is a custom that carries with it the responsibility described above.
Guys, because the law is also an instruction. Perhaps the most important instruction in your life. Read.
If someone has success stories, let me know! Well, or refute my theses at the worst.
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