Employment is a process that almost every able-bodied person has encountered, and perhaps more than once. Unfortunately, many job seekers are not familiar with their legal employment rights, and unscrupulous employers are ready to take advantage of this. Often there is an unlawful refusal of the employer to hire a potential employee.
How to understand: fair or not you were denied employment? What are the rights of job seekers and employers? Let's deal with this together.
Normative base
The most important documents regulating labor relations are, of course, the Constitution of the Russian Federation, it enshrines the basic rights of any person in the field of work, and the Labor Code of the Russian Federation is a normative act that describes in more detail and clearly regulates specific aspects and issues of working life.
It is necessary to recall the Resolution of the Supreme Court of the Russian Federation, which gives the employer the right to choose candidates"for the purpose of efficient economic activity and rational management of property independently, under one's own responsibility." That is, the adoption of the necessary personnel decisions (on the selection, placement of personnel; downsizing), as well as the conclusion of an employment contract with an applicant for a vacancy, is a regulated and legally fixed right of the employer.
Of course, it is also clear that the decision of the employer is influenced not only by the business, but also by the personal qualities of the applicant, which will positively affect his labor result. But the state always balances the interests of the parties, and labor law is no exception: the legislation limits the choice of the employer and does not allow him to refuse employment to candidates unreasonably.
Thus, the employer has the right to present to a potential employee for a vacant position requirements directly related to the production process (professional and qualification characteristics of the candidate, experience in this field, level of education, etc.).
What kind of refusal is unfounded?
It helps in answering this question. article 64 of the Labor Code of the Russian Federation. It defines a refusal as groundless if:
- the employer did not indicate the reason for the refusal;
- indicated a clearly discriminatory reason (for example, based on the gender of the applicant);
- or indicated a reason not related to the business qualities of the employee.
In case of refusal of employment, a written document containing the reason should be required. Since without such a document, it will be quite difficult for the applicant, almost impossible, to protect his legal rights.
Based on all of the above, we can state the following conclusion: there can legally be only two grounds for refusing employment. The first is the lack of business qualities necessary for the job to be performed by the candidate for the vacancy. And the second is the non-compliance of the applicant with the requirements of the law or their failure to comply.
That is, to improve understanding, the following examples can be given: the refusal of a candidate with an economic education for a vacancy of a civil engineer is quite legitimate. Or, the refusal of an applicant to be hired due to a mismatch in age will also have legal grounds if the work is carried out in harmful conditions, and we are talking about a minor candidate.
Speaking about the discrepancy in terms of business qualities, we note that this issue is much more complicated, since there are no sources of law that clearly define this concept, and the current legislation has not formally defined the content of this term.
What to do in case of unreasonable refusal?
Part 6 of Article 64 of the Labor Code of the Russian Federation establishes the provision that the unlawful refusal of the employer to conclude an employment contract with the applicant can be challenged in court. That is, for example, an appeal to the GIT (state labor inspectorate) to resolve this issue is meaningless - this is not within its competence. Such cases are subject to due process. district courts. At the same time, the term for applying to the court is three months from the moment when the job seeker learned about the illegality of the refusal to sign an employment contract with him.
Citizens who believe that they have been discriminated against in the labor sphere have the right to apply to the court for recognition of this fact, for the restoration of legal rights, as well as for compensation for material damage and compensation for moral damage.
In the statement of claim, the applicant must state in a structured and consistent manner all the circumstances of the failed employment and, most importantly, make a demand to declare the refusal to hire illegal. Do not forget in the statement of claim to ask the court to oblige the defendant:
- reimburse the losses incurred by the plaintiff (this includes the payment of the state duty, and the lost earnings that the applicant could have received if he had not encountered discrimination in hiring);
- compensate the candidate for moral damage;
- as a result - still conclude an employment contract.
The plaintiff has the right to decide for himself what kind of requirements he puts forward to the employer. Maybe all of the above, or maybe some specific ones. It depends on the person's personal beliefs and current circumstances. Perhaps not all candidates will want to enter into an employment contract under the circumstances.
But the obligation of the employer to compensate the moral damage to the applicant subjected to discrimination is enshrined in labor legislation. Therefore, upon presentation of this requirement by the applicant and in the process of establishing the fact of the illegality of the refusal to employment, it is satisfied in any case.
Remember that directly when applying to the court you will have to pay a state fee. The procedure is as follows, because a person who is looking for a job does not yet have the status of an employee and the benefits corresponding to this category of the population do not apply to him. If the court characterizes the refusal to employ the applicant as illegal, then the negligent employer will be obliged to reimburse all expenses and losses incurred and fulfill other obligations established by the court.
But in order to win a case of wrongful refusal of employment, on the fact of discrimination in the labor market, the plaintiff will need weighty irrefutable evidence. Since there are no exceptions in the legislation of the Russian Federation for claims of discrimination, the courts of the Russian Federation put forward such a basic requirement that each party must prove those circumstances on which it relies, substantiating its demands or disagreement with something.
It has already been said above that You must request a written refusal to apply for a job., since the absence of such a document, or at least confirmation of the fact that a citizen applied to this employer on the issue of employment, will put the plaintiff in a very difficult position during the trial. This will make his position more precarious and reduce his chances of winning the case.
Important Points
Thus, we highlight several important points that require attention when filing a lawsuit with a court for illegal refusal of employment.
- For the successful completion of such a case, the plaintiff must weightily prove and substantiate two facts - contacting this employer for the purpose of hiring for a vacant position and directly denial of employment document. But the presence of legitimate, legal grounds for the ensuing refusal will be proved by the defendant - a negligent employer.
- Your position as a plaintiff will be strengthened if a referral to work for this employer is issued by the employment service: in this case, candidates for employment have an appropriate document - a referral, which, in case of refusal to hire, must contain its legal basis. But if you are looking for work on your own (without involving the employment service), this does not detract from your rights: just do not forget to ask for a written refusal.
Remember that the current Labor Code of the Russian Federation establishes the obligation for employers "to report the reason for the refusal to hire at the request of the person who was refused to conclude an employment contract."
Even before going to court, the plaintiff is advised to prepare evidence of the existence of a public announcement of a vacant job. For example, a newspaper clipping or a printout of a relevant advertisement from the Internet. This will be useful to you, since the employer can legitimately justify himself by the fact that the existence of a vacancy in itself does not oblige you to fill it with the help of external sources, and even fill it in general. He can endow existing employees in the state with a temporary combination of labor functions. And if the applicant does not have such evidence, the employer’s response can be predicted: he will refer to the fact that no announcements were made about the recruitment of candidates for the vacancy, and the organization does not need additional recruitment. Unfortunately for the plaintiff, this will be regarded by the court as weighty evidence for dismissing the claim.
According to current data, practice shows that the circumstances of the refusal to conclude an employment contract with the applicant can be legally argued by the employer quite often. The courts do not take the side of protecting potential employees in their claims if the employer’s refusal is due to the business qualities of the employee (a category that is very loosely specified in regulatory legal acts) or is associated with the recognition of the employer’s right not to fill vacant positions by open search, especially if the announcement of the search for employees was not published anywhere.
We also note that, in practice, the courts, when considering labor disputes based on refusals to conclude employment contracts between the employer and the applicant, in most cases take the side of the employer. Decisions in favor of a potential employee are few, but nonetheless exist. Quite often there are such situations: unscrupulous employers act as follows - the denial of employment to candidates is reported by an unauthorized person. This subsequently prevents applicants from using refusals of this kind as strong evidence in court.
Summing up, let's say that if the refusal to hire a candidate can be proved as unlawful, then the subsequent actions of the employer within the framework of this issue will be determined by the court decision, and it, in turn, depends on the requirements presented by the plaintiff. If a potential employee put forward a demand - recognition of the refusal as illegal with the subsequent conclusion of an employment contract, and the court decision was made in accordance with the stated requirements, the employer will be obliged to employ the plaintiff by signing an employment contract with him. If the claim put forward by the plaintiff consisted only in compensation for losses (for example, lost labor income, moral compensation), then the actions of the employer will be reduced to the payment of the funds awarded to the plaintiff.
It should be noted that such court cases are not easy: it is difficult to prove to a failed employee the illegality or, in other words, the unreasonableness of a denial of employment. This is due to the weak procedural position in relation to employers, the lack of evidence base and the small prospects for its expansion.
Let's discuss all the details of the behavior at the time of reporting the results of the interview to you. So, you filled out all the necessary questionnaires, maybe you passed the test, they talked to you and said that you need to wait a few days.
You have been sitting quietly, in complete serenity, at home for these few days, or maybe you have swallowed handfuls of sedatives so that the thoughts of the interview do not interfere with your action.
This time has passed, you dial the office phone number, where, and the polite voice of the secretary sweetly sings to you. Stop! See if you're ready to give up.
Perhaps you will say that now is not the time to analyze the degree of this readiness? But, as the saying goes, better late than never!
If until now it seemed to you that you would calmly accept any information about your interview, then, we dare to assure you, you simply were not completely honest with yourself.
An interview is an important event, and only a robot or a person with iron nerves will be able to wait for the results of the interview without sucking in the stomach and "spiritual awe".
Listen to yourself: if your excitement is too great, then please calm down! This is the best thing you can do to make sure you don't feel too bad if you get rejected.
Tell yourself that if you hear the words of refusal now, then the tragedy will not happen.
This firm is not the last one left on Earth, and you will certainly be able to get a job in another.
Peace of mind when denied a job for women
If you cannot help yourself with a simple logical conviction, then there is an excellent tool - auto-training.
Repeat as often as possible that you are an excellent worker, that no refusal will shake your confidence that the degree of your professionalism is high.
And only after this thought settles in the subcortex of your brain without the slightest possibility of ever disappearing from there - only then can you dial the phone number and listen to what the secretary will answer you.
Well? Have you been denied? And your emotions? “I want to tear and throw, tear and throw” - is this about you? Then the first advice - calm down!
After your sensitive ear has caught the words of refusal, do not rush to pour everything that is in your soul at that moment into the phone, but tell yourself: "One, two, three, calm down."
Wonderful. And now, in an absolutely calm voice, say: “That's it. Well, goodbye." Your remark, of course, may sound differently, the main condition is that it should be as polite as possible.
And God forbid you abruptly end the conversation with some phrase like: “Fuck you! - or hang up. Neither the secretary nor anyone else deserved your rudeness, although at the moment of refusal it seems that way to you.
In addition, it is useful to remind once again that normal, polite behavior is always, in any situation, the key to your success. In short, be careful.
However, we talked about how to talk on the phone, finding out how successful the interview was.
Refusal to work in person and self-control
But after all, some firms practice a personal conversation about the results of the interview..
You need to know this even before you come to the firm, otherwise the idea may develop in your mind that if they invite you to talk about the results in person, then this is, as they say, a sure thing - you are accepted. No, it's not necessary at all!
So, when you are invited to talk about whether you passed the interview or not, do not try to rest on your laurels - you should also be ready to refuse.
Consider how you will dress for this meeting. Probably the best option is to dress in the same way as for the interview itself.
So you will be more likely to stir up memories of a previous meeting with you, because if the organization where you want is large enough, then neither the secretary nor the one who “talked” with you will remember you after one single meeting.
Of course, it cannot be said that you have a faceless appearance. After all, secretaries have developed visual memory, because this is considered their professional quality.
But, you see, it’s better to remind yourself anyway, in order to be sure that they will speak with you - a person who has recently been interviewed, and not with someone who just needs to be politely refused.
Of course, dressing the same as for the interview is not the only option.
It may happen that you just don't like what you were wearing last time. Yes, in the end, you could take the suit in which you came to get a job from your girlfriend, and now she needed it herself, so you need to come up with something urgently.
The main condition for your appearance is solidity and respectability. Avoid frayed jeans, short beach tops, and the like.
Read it over and go! Remember that your appearance should be memorable. Naturally, this should be done not with the help of poisonous varnish or very bright makeup, but in more decent and suitable ways for getting a job.
So, you have thought of everything, dressed, prepared mentally and physically, came to the ill-fated company, waited until you were called, you are terribly worried, of course.
Here, let's slow down a bit. Again we want to give you advice - do not show your excitement. If neither auto-training nor self-persuasion helped, then at least make sure that no one notices your excitement.
Yes, for sure it will catch the eye of experienced people, besides, cheeks burning with fire, hands trembling with excitement, and similar charms cannot be especially hidden even with great desire, but you must try!
But now, when you have calmed down, stopped nervously swallowing saliva, you can communicate with the “relevant organs”. And then they tell you that you did not fit.
Your reaction to these words should be as restrained as possible - no tantrums, tears, sad sighs like “well, I knew it,” etc. All this is suitable for tearful melodramas, farewell scenes, but not for a situation of refusal.
If everything shows that the conversation is over, you should silently get up, say goodbye and leave. Restraint is what you need to remember at this moment.
But there are still such sadistic comrades who like to discuss why you are not suitable for them, what mistakes you made, etc. But do not rush to perceive their words in this way: perhaps they want to help you so that next time your interview went more efficiently.
This, of course, is worth talking about in more detail. So, you sat down, listened to the results of the interview - everything seems to be. But then your interlocutor begins to talk about the mistakes you made as a keepsake or even holding the sheets that you wrote in your hands.
“Well, judge for yourself: here you made a mistake, but here you wrote some kind of nonsense. Can we hire you after that?” he says. Such behavior is unacceptable, and your task is not to let the interlocutor offend you.
Believe me, he simply has no right to speak with you in such a boorish tone. If you made any mistakes in the interview, then he (or she) can report that you are not suitable for them, but no one can discuss your mistakes with you.
Remember this rule and be guided by it always. Then, even after failure at the interview, you will not develop any inferiority complex. Anyway.
So you've been denied a job.
The situation is sad - there is no other way to say it. You have been preparing for this interview for so long, preparing so carefully, thought through every little thing, down to the color of the nail polish, and suddenly such a failure.
But that's the thing, it's just a failure. We need to take a philosophical approach to this problem - and the fact that this is really a problem, we do not want to deny.
So, in theory, everything, even a failed life, not to mention marriage or a bad job, can be considered just a failure. By and large, even a not particularly happy life can also be called an unsuccessful attempt to be born into the world, because we all know that each person lives several lives, his soul is reborn several dozen (!) Times.
However, it seems that we are a little carried away by philosophizing, and the topic of the section is much more prosaic. You were denied a job. Treat it like a failed job attempt..
You now need to tune in to the fact that this will never happen again. Depending on how you lost your previous job (by saying this, we also mean a simple dismissal of your own free will), you may form a different perception of a failed interview.
Let's say you left your previous job because it was simply boring. You had a great rest, not for a second feeling the need and lack of funds, and now, already tired of constant idleness, you decided to try to return to making money.
You found an ad that suits you, came to the interview, talked to the right person, and then you (you yourself tell me how expected it was) were told that, they say, sorry, you are not suitable for us.
What is your reaction? Well, to put it simply, it doesn’t give a damn: just think, they didn’t take it - it didn’t hurt, and I wanted to, I’ll find it better.
Denied a job - no problem
You are resting again, meanwhile reading newspapers with job advertisements, experiencing only a very slight and not at all burdensome desire to get a job.
Here again, you come across something, in your opinion, worthwhile, and again, yawning, you are going to an interview. But of course, this situation is hardly common.
If you are already getting a job, then it means that there is a really big need for this, and if you are denied a job, the measure of your frustration will not be small at all.
Often in our country, where people are directly and very painfully faced with the problem of unemployment, a person tries to find a job for several months (yes, months, years!) and failures rain down on him one after another.
In this case, after unsuccessful interviews, a psychological complex of fear of “failing” again may develop.
You may be afraid to go to an interview, because the fear of hearing again “I'm sorry, but you are not suitable for us” fetters all your members, cold sweat covers you, you cannot live and think, because one is the only thought that you will again will refuse sits in your suffering head.
And then everything can develop rather deplorably - because of the fear that constantly lives in your soul and this time, too, you can fail, you can stop looking for a job altogether.
So make every possible effort to protect yourself from such a complex, otherwise it will drive you into a dead end. And yet, having calmed down and recovered from the failure, try to analyze the mistakes.
First, your job failure may be due to professional plan errors.. We will not give advice simply because we do not know in which area you made a mistake.
The only possible advice is to continue to try to flawlessly complete all the tasks and tests that are offered to you at the interview.
Secondly, your failure may well be due to other less objective factors - say, your interviewer did not particularly like your appearance..
The worker is greeted by clothes
It's no secret that so many people select employees based on their appearance, so this reason may well affect you too.
It is very difficult to give any advice in such a situation, because, as a rule, it is quite difficult to guess that you were refused a job because of your appearance.
But one piece of advice is still possible - do not get hung up on this thought, that is, the thought that it was the appearance that caused the refusal.
This is again fraught with complexes, and, most importantly, this is not your fault, and the main reason is the strange, one might say, unique taste of your interviewer.
Well, we talked about a sad, in fact, situation when you were denied a job. Look at it from an optimist's point of view.
There is a reason for joy: it means that next time you will find a better job.
And besides, you have a great opportunity to work on yourself. And next time you will definitely be lucky!
If you are denied a job updated: May 17, 2017 by: admin
“Unfortunately, at the moment we are not ready to make you a job offer ...” - such words usually do not cause a surge of optimism and self-confidence in the applicant. Opportunity missed - why? And how can this situation be changed?
The categorical “You don’t suit us!” or evasive “Your resume remains in our database, perhaps later we will need your work” - the wording of the refusal may be different. You can hear it in person at an interview or receive an email - in any case, do not despair.
Employer rejection is an inevitable attribute of job search: few people manage to successfully find a job immediately after entering the open labor market. “We choose, we are chosen ...” - these words from a well-known song are also suitable for describing a job search. So take the rejection at the interview calmly, as if it were a precious grain of life experience. This is not a reason to give up, on the contrary, every interview (even a failed one) can bring you closer to your goal - getting a great job. The main thing is to draw the right conclusions.
We find out the reasons
When you hear a rejection from a recruiter (or potential manager), keep a low profile, even if a storm is raging inside you. Despite the chagrin, disappointment, annoyance and other emotions that are natural in this situation, accept the refusal with dignity and politely ask the interlocutor what was the reason. Remember: your question should not sound like a demand, but rather a request for advice. So it is better to choose the most correct wording and soft tone. “May I ask what exactly confused you about my work experience?” - such a phrase is quite suitable for continuing the conversation.
After receiving the answer, thank the HR manager for his attentive attitude and sincerely wish him success in finding employees. Try to see the recruiter not as an enemy, but as a friend, because your interests intersect.
Of course, it is not a fact that the recruiting manager will answer the question about the reasons for the refusal absolutely honestly. After all, he is a representative of the company, which means that he must explain everything in such a way as to avoid a lawsuit. You will hardly hear that the employer is not satisfied with your age, gender, nationality or religion, because the law prohibits discrimination in employment on these grounds. Meanwhile, these are very significant characteristics - the recruiter is obliged to take them into account, because the new employee will have to join the team.
Analyzing our behavior
After returning home, carefully and calmly analyze the entire course of the interview. Remember all the questions and answers, both the recruiter and your own. What could alert a company representative in your candidacy?
Experts argue that there can be many reasons for refusal. Among the most common are the candidate’s lack (or, conversely, excess) of professional experience, inadequate salary expectations, a high probability that the applicant will not fit into the team, his lack of internal motivation, poor preparation for the interview (for example, if the candidate failed to answer what he knows about the company), deception in the resume and much more.
Try adequately, without excessive self-criticism, but without overestimating yourself, to determine your suitability for this vacancy. Do you have enough experience? Were you able to show how much you are interested in this particular work?
Do not forget to objectively analyze how you looked at the interview and how you behaved. This is especially important if you were rejected right away, at the very first interview. "Wrong" appearance, excessive isolation or, conversely, familiarity - all this affects the impression of the candidate. As we have already mentioned, the observance of the business style in clothes and the norms of etiquette are indispensable conditions for a successful interview in the company you are interested in.
Think about it: what can be changed (in a resume, in self-presentation, in appearance, in behavior) in order to attract a recruiter and a potential leader to your side next time? Sometimes very small changes are enough to hear at the next interview: “When could you start working?”
However, not always the reason for the refusal lies in your shortcomings, improper behavior or unformatted appearance. It happens that circumstances in the company are such that a highly qualified candidate is preferred to a very mediocre one - for example, if a recruiter decides that his soft nature will allow him to get along with a too tough leader. Should I regret this job? Without a doubt, it is better to be rejected on time than to find a job in a company that does not suit you.
Setting up for success
So, get in a positive mood. It is possible that when you find a suitable job (and it will definitely happen), you will be glad that you were once rejected by N company. “Everything that is done is for the better” is not just folk wisdom, but also one from employment laws.
If necessary, make changes to the resume, put the right accents in it, highlight your strengths and emphasize the seriousness of your experience.
You should not send out resumes to all vacancies in a row - it is better to do it targeted, only for positions that really suit you, each time editing your CV in accordance with the requirements and attaching a cover letter.
When preparing for an interview, prepare for it: search the Internet for information about the company, think over answers to difficult questions, including personal ones. Be prepared to talk about your strengths and weaknesses, explain breaks in work, report special achievements.
If possible, dedicate the time free from attending interviews and searching for vacancies to improve your skills. And do not hesitate: everything will work out, you just need to tune in to success and prepare for a meeting with the employer. Good luck finding a job!
If earlier the obligation to provide justification was not limited by any time frame, now the employer is given one week.
After this number of days, in the absence of a document, he can be held liable.
Thus, this rule is aimed at more reliable protection of the interests of citizens when hiring than before.
Illegal Reasons
The Labor Code clearly outlines the provisions that prohibit discrimination against job seekers on any grounds. However, in practice, employers rarely comply with this requirement, refusing to hire people. for subjective reasons.
To the most widespread Reasons for illegal denial include:
Of course, all this does not mean that the manager should hire the elderly or pregnant women only on the basis of these signs. But still, main eligibility criteria for a vacant position is the correspondence of the candidate's business qualities to it.
Therefore, if there is confidence that the failure occurred for a subjective reason, we can talk about a violation of the rights of the applicant.
Categories of citizens who cannot be denied
The Labor Code directly identifies certain categories of citizens who, when employed, must be employed. These include:
In these cases, denial of employment will be direct violation of the law, and the manager can face serious sanctions - from litigation to large fines.
Legal grounds
Whom and for what job can not be hired? Protecting the rights and interests of applicants, the Labor Code provides for employers legal grounds for refusal. The main ones include:
Certain organizations established by law may not accept foreign citizens or persons who do not speak Russian. For work involving toxic, narcotic or psychotropic substances, certain restrictions.
And also the state obliges the employer to require you to have military ID for military purposes.
Reason for refusal
How to correctly, competently and politely refuse an applicant: oral conversation and written justification? As a result of interviews and competitions for a vacant position in the company, only one worthy candidate, and the rest are discarded.
To avoid possible conflicts with them, it is important to convey to everyone (if possible) reasoned reason for refusal. And this reason must be legally permissible, without signs of discrimination.
When arguing the grounds for refusal, it is important to focus on legal grounds- for example, to an insufficient level of knowledge of a PC or a foreign language. If you report that a person of a different age or gender was needed for a position, this can become grounds for claim on the part of the applicant, because this is a direct violation of Article 64 of the Labor Code of the Russian Federation.
An unaccepted candidate has the right to demand from the employer written response- This document must indicate the reasons for the refusal.
It is also desirable to justify this decision by an insufficient level of required business qualities: no work experience, education, market knowledge, etc.
When drawing up a notice, it should be remembered that in the future it may become grounds for litigation- the more legitimate the reasons indicated in the justification, the less chance the applicant will have in court. Prepare a written justification and send it to the candidate within 7 days from the moment of application.
Reasoned polite refusal to hire.
Reasoned refusal to hire.
Actions of a discriminated citizen
In the event that a candidate for a position is confident that the refusal to hire is groundless, he can sue the employer.
Before that, you must definitely ask him written justification– if it is not provided within the prescribed period, the employer will also be subject to certain sanctions.
The employee has the right to demand from the court eliminate signs of discrimination in relation to him, as well as to compensate for the damage and moral damage. Judicial practice shows that when considering most cases of this kind, decisions are made in favor of the employee - of course, if violations actually took place.
In relation to the employer for unreasonable refusal to hire, the following can be applied a responsibility:
- disciplinary (remark, reprimand, dismissal);
- administrative (fine up to 5,000 rubles or disqualification for a period of 1 to 3 years);
- criminal (fine up to 200,000 rubles or compulsory work for a period of 120 to 180 hours).
The last sanction is most stringent and applies only in one case - if the candidate who was wrongfully rejected was a pregnant woman.
Applications for a written explanation of the reasons for refusal to hire.
Results
Business leaders and HR departments should be aware of legal requirements regarding the recruitment process. In particular, about those issues that relate to the refusal of applicants - the grounds for this must be valid weighty and legal.
If this requirement is not met employer can be held liable– the candidate has the right to appeal the illegal refusal in court. Measures against the violator may be disciplinary in nature, and may lead to the imposition of a large fine.
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Refusal to hire can be different. They may call you and politely say that, unfortunately, they are not yet ready to make a job offer. They can write the same in an email. They may not call or write - then you yourself will guess everything.
Whatever the denial of a job, however, even for interview-hardened candidates, it sometimes causes a bout of pessimism. But is it always necessary to scold yourself for the mistakes you made?
"Why was I rejected?" some job seekers agonize over every moment of the interview and every phrase on their resume. Such reflection is, of course, useful: you can really understand what confused the recruiter in your candidacy. But it's not always about you. Experts admit that there can be a lot of reasons for refusing to hire, and they are not always associated with the low professionalism of the candidate. It's no secret that applicants are rejected because they are too good.
So, consider why you might be denied. There can be a lot of reasons, so we divided them into two parts - objective (you really behaved incorrectly, made mistakes or did not fit for serious reasons) and subjective (you were not hired due to certain circumstances in the company or due to not quite correct recruiter ratings).
So, let's start with objective reasons.
1. Non-compliance of your candidacy with the requirements of the vacancy. For example, the ad says that a higher technical education is required, but you do not have it or it has not yet been completed. Or, for a certain vacancy, they are looking for a specialist with many years of experience, and you have not had time to acquire it yet. Such restrictions can be attributed to discrimination, but it is better to find out all the requirements before the interview in order to avoid misunderstandings during a conversation with a recruiter.
2. For some reason, the resume stands out too much from the crowd, and the recruiter finds ways to stand out inappropriate. For example, a candidate jokes a lot and not always successfully in his CV (for example, he said about himself: “I studied something and somehow”; “I am looking for a job as a spider-man”, etc.). Or, for some reason, he marked information about each place of his work in different colors - blue, pink, yellow. Or he completely abandoned the business style of presentation in favor of some kind of “creativity”.
3. At the interview, the recruiting manager found the appearance of the candidate did not fit into the corporate culture of the company. For example, everyone goes to work in business suits, and the applicant showed up in frayed jeans. Or with too bright manicure (in too short a skirt, with massive earrings, in dirty shoes, etc.).
4. During the interview, it became obvious that the candidate lied on his resume or over-exaggerated his experience and education. No comment: you can't make a career out of cheating.
5. During the interview, the applicant did not demonstrate his motivation and interest in this particular job in this company. The position “persuade me, and maybe then I will agree to your boring job for little money” is inappropriate in most cases. Uninteresting vacancy - do not send a resume.
6. At the interview, the applicant asked too many questions about vacation and salary and too few questions about duties and rules of work.
7. Illiterate speech of the candidate, especially if he applies for a position where constant communication with clients, partners, etc. is expected.
8. Uncertainty, stiffness of the applicant or, on the contrary, his excessive looseness and self-confidence.
9. During the interview, the applicant was critical of his former boss, company, colleagues. Such a candidate may be considered a conflict or, worse, a scandalous person.
10. The applicant expressed doubts about the qualifications of the recruiter. “How can this girl evaluate me, an experienced specialist?” Recruiters often face this position, especially among older applicants. Remember: the HR manager evaluates the basic suitability of your resume for the job and your overall suitability. Professional qualities are assessed by a potential leader if you pass the selection from the HR manager.
11. Alas, this is a reality: the candidate may be too young or too "adult" for a particular job. Most likely, this reason will not be announced to you, however, the age limit is common for many companies.
12. The candidate did not show himself to be a polite person: did not say hello (or said hello not friendly enough), did not let the girl through the door, did not say “goodbye”, etc.
13. The applicant tried to flirt with the recruiter.
14. During the interview, the candidate's phone rang. The fact that he did not turn it off during the interview is not good in itself. But the fact that he decided to answer the phone and talk to his wife about shopping on the way home may put an end to employment in this company.
Now consider the subjective reasons for a possible rejection - those because of which you should not worry too much, because you were not rejected at all because you are not qualified enough or do not know business etiquette. And why?
15. The resume seems too good to the recruiter - there is a clear overqualified, that is, an excessively high qualification of the applicant for this vacancy. It is believed that a “too smart” candidate is far from the best option for closing a vacancy, especially if it does not involve career growth. There are several disadvantages: a specialist can get bored quite quickly due to the lack of interesting tasks, lose motivation and even leave the company, besides, he needs to be paid more.
16. Another scenario from paragraph 14: during the interview, the candidate's phone rang. The applicant hung up the call, but the recruiter with a fine aesthetic taste has a complete rejection of the song set as the call (for example, "Vladimirsky Central"). Or any other melody - the concept of "delicate taste", as you know, is loose.
17. The candidate does not look like a real team player in the eyes of the recruiter - in it, as it seems to the employer, the individualistic beginning is too strong.
18. At the same time, the company may also have rather specific wishes for the appearance of the future employee. This is especially true for specialists working with clients or, to one degree or another, being the "face of the company" - secretaries, PR managers, etc. Is it worth it to reproach yourself for the fact that you were born, for example, not a blonde with legs from your ears, but a brown-haired woman of ordinary complexion?
19. During the interview, the applicant told a joke that the recruiter did not like.
20. Too much competition for this job. You may be a perfect fit for a job, but three or four other candidates will be just as perfect…
21. The recruiting manager for some reason decided that you would not fit into the existing team. For example, everyone in the department loves corporate parties, and you said that you are “not a party person”. Or all the employees are vegetarians, and you asked if there is a cafe nearby with good meat dishes.
22. Finally, the recruiter or potential manager could simply not like the applicant as a human being. The smell of perfume is too strong, an excessively loud or, on the contrary, a very quiet voice, an inappropriately expensive handbag - there can be a lot of subjective factors.
The list goes on. As you can see, the reasons for refusing employment are very different, and not always the applicant should blame himself for some mistakes. Recruiters are people too and can make mistakes, just like any specialists. Do not take too strict an assessment to heart, be sure: the main thing is your professional qualities, and if you were refused, then perhaps the missed vacancy was simply “not for you” and everything that happened will ultimately only benefit your career .
