When applying for a job, you probably expect that the employer will pay attention only to skills and experience, that only the desire to work in this position, enthusiasm and energy will give you an advantage. But no one is immune from leaving the interview morally humiliated, crushed and insulted. If you are hired and continue to show this attitude, then you should not just tolerate it.
In our article we will talk about discrimination, which is now quite common. And it doesn’t matter on what grounds it is used – first of all, it is an insult and humiliation of another person. So what to do if there is discrimination at work in your life, where to complain and what to do? More on this later.
What is discrimination?
Discrimination is a negative and prejudiced attitude towards people because of their membership in a social group. It is expressed both in the deprivation of certain rights and privileges, and in grossly unfair treatment in general.
According to Art. 3 of the Labor Code of the Russian Federation, discrimination in the sphere of labor is prohibited. The implementation of labor rights should be equal for everyone, and there should be no restrictions on freedoms or, conversely, receiving privileges based on belonging to a social group. Discrimination can be based on the following grounds:
- Floor;
- Race, nationality, skin color;
- Language and nationality;
- Origin;
- Family status;
- Official and social status;
- Age;
- Place of residence;
- Religious preferences;
- Belonging to any public associations (or lack of affiliation);
- Other circumstances that are in no way related to the employee’s business qualities.
Such dislike of an employee can be caused by a variety of circumstances, but the key factor is belonging to a specific social group. If an employer humiliates you or deprives you of workers’ rights because of personal hostility towards you, then such behavior will no longer be considered discrimination. In this case, this will relate to a violation of your labor rights under Art. 2 of the Labor Code of the Russian Federation and Art. 21 Labor Code of the Russian Federation.
Are there exceptions to discrimination at work?
Not all restrictions constitute discrimination on a particular basis. According to Part 3 of Art. 3 of the Labor Code of the Russian Federation, it is not discrimination to restrict rights, establish privileges, exceptions and preferences that are characteristic of this type of work.
In addition to the type of work, all this may be regulated by federal law or be a way of supporting individuals who need it. Special legal and social protection may be assigned due to deprivation of full working capacity or another situation that falls under a category prescribed by law.
However, you should not assume that certain working conditions and lack of privileges may be a reason for a violation of your rights. If a conflict or belittlement on the part of the employer arises, be sure to study a copy of the employment or collective agreement. It should indicate possible restrictions on the position. In addition to them, study the responsibilities of both parties to the contract.
Discrimination in hiring – what to do?
Today, it is extremely common to see job advertisements that specify the gender, exact age, preferences and even race of the employee. That is, characteristics that have nothing to do with his business abilities. Even taking into account that this is not a fact of discrimination at work, because you are not yet an employee, such an attitude of the employer will be illegal.
According to Part 6 of Art. 25 of the Labor Code of the Russian Federation, it is prohibited to disseminate information about vacancies or available places of similar content. If a job advertisement contains information about restrictions on rights based on gender, age, race, religious beliefs and other distinctive features of social groups not related to work, then it is a violation. The only exceptions are the parameters established by federal legislation.
If you encounter discrimination during an interview, try to record this fact. You can record the dialogue using a voice recorder using your mobile phone or even on video. These materials will help you achieve justice and punish your employer in the future. Regardless of whether they hire you or not.
2.1. Hiring is carried out upon the written application of the person applying for work.
2.2. When hiring, the parties reach an agreement on all essential working conditions, which are stipulated in the employment agreement, contract, where the employee undertakes to perform work in a certain specialty, qualification or position, subject to internal labor regulations. And the Management Company (Management) undertakes to pay the employee wages and provide working conditions stipulated by the contract and these Regulations. The employment agreement (contract) is concluded in writing and drawn up in two copies, one for each party.
2.3. Hiring is confirmed by the employer issuing an order (instruction) on hiring, which is announced to the employee against receipt.
2.4. When applying for a job, the applicant is required to provide the following documents:
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work book, prepared in accordance with the established procedure;
— certificate of last employment (if the person is entering work for the first time);
— a passport in accordance with the legislation on passports or a document replacing it;
— a document confirming special training or special education, if their provision is necessary for admission to qualified positions (diploma, certificate);
— a photograph for personal records;
— a doctor’s certificate about the state of health from the attending physician and the anti-tuberculosis dispensary;
— military ID (for those liable for military service);
- a certificate of income of individuals for the current year, from the last place of work;
— a letter agreed upon between managers for persons entering work by way of transfer.
2.5. The work book is stored in the Management Company (Directorate) for the entire period of the employee’s work, and upon dismissal, it is issued to him on the last day of work, i.e. on the day of dismissal. Work books are kept for all employees who have worked for more than five days. For employees working part-time, work books are kept only at their main place of work.
2.6. An employee invited to work as a transfer from another enterprise or institution, by agreement between the heads of the enterprises, cannot be refused employment. A contract with such an employee is concluded from the first working day following the day of dismissal from the previous job, unless otherwise provided by agreement of the parties. The work of temporary workers is regulated by an employment contract.
2.7. Duration of the employment agreement (contract):
2.7.1. An employment agreement (contract) may be concluded for an indefinite period; for a specified period of not more than five years; for the duration of a specific job.
2.7.2. A fixed-term employment agreement (contract) is concluded in cases where the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be done or the interests of the employee, as well as in cases directly provided for by law:
- due to the long-term absence of an employee whose place of work (position) is retained;
— to replace another employee who is sick for a long time, on a long business trip or studying;
— when granting a woman leave to care for a child, when the exact date of her return to work is unknown;
- if the end date of the contract is known in advance, when the work is scheduled to be completed by a certain date;
- if this is required by the interests of the employee who requests to conclude a fixed-term employment contract.
Upon expiration of the term, the employer has the right to terminate a fixed-term employment contract without giving reasons. The end day of a fixed-term contract is the expiration of its term, and with a replacement employee, the end day is the day the woman or other employee returns to work.
2.8. Employment test:
2.8.1. When hired, a probationary period may be established for an employee in order to verify the employee’s suitability for the work assigned to him. The probationary condition is specified in the employment contract and is confirmed by an order (instruction) on hiring, which the employee must read in writing.
2.8.2. If the test period has expired and the employee continues to work, he is considered to have passed the test, and no additional records or issuance of an order are required in this case.
2.8.3. If the test result is unsatisfactory, the employee is released from work by the Director's administration and without payment of severance pay. Release from work can only be carried out until the end of the probation period, and an employee who fails the test is dismissed on the basis of Art. 23 Labor Code of the Russian Federation.
2.9. Liability agreement:
2.9.1. A written agreement on liability is concluded with an employee involved in the storage, processing and transportation of material assets, or to whom these material assets are transferred during the course of his work, which is drawn up in 2 copies, one for each party.
2.9.2. A liability agreement can only be concluded with employees over 18 years of age.
2.9.3. Agreements on full financial liability cannot be concluded with cleaners, watchmen, and warehouse accountants who are not directly entrusted with valuables.
The number of positions the occupation of which allows the conclusion of an agreement on the full financial responsibility of the employee includes:
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cashier;
—
commandant;
—
freight forwarders;
—
drivers.
The number of works the performance of which allows the employer to conclude an agreement with employees on full financial responsibility includes:
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work on accepting all types of payments from the population;
—
work on acceptance for storage, processing, release of material assets;
—
work on acceptance, processing for delivery (escort) of cargo, luggage, postal items and other material and monetary assets, on their delivery (escort) and issue (delivery);
—
the number of positions (works) in which material assets are entrusted can also be determined additionally by issuing an order (instruction).
2.9.4. According to the liability agreement, the employee is obliged to take care of the material assets of the Management Company (Direction) transferred to him for storage or other purposes and take measures to prevent damage. Promptly inform the administration about all circumstances that threaten the safety of the material assets entrusted to him. Keep records, draw up and provide in the prescribed manner commodity-money and other reports on the movement and balances of material assets entrusted to him, participate in the inventory of material assets entrusted to him.
Where to complain about discrimination?
According to the Labor Code, persons who have been discriminated against can go to court. However, there are other options. Before moving directly to the trial, we will consider other ways to solve the problem.
Contacting the labor inspectorate
The Federal Labor Inspectorate is obliged to monitor the implementation of the labor rights of citizens, as well as the recording of such violations. That is, it will not help you resolve the conflict on an individual basis, but the fact of discrimination itself will be officially indicated.
Such an appeal will also be useful in cases where an advertisement with violations is published during the hiring process. If there are obvious signs of discrimination, then you can quite reasonably immediately contact the labor inspectorate. When such violations are recorded, Labor Inspectorate employees file a complaint with the prosecutor's office. However, you can do this yourself.
Contacting the prosecutor's office
Facts of violation of labor rights also fall under the jurisdiction of the prosecutor’s office, because this body monitors compliance with all laws, including the Labor Code of the Russian Federation. When filing a complaint with the prosecutor's office, try to present as much evidence of discrimination as possible.
Plus, you can always file a collective complaint if there are other victims. Employees of the prosecutor's office must conduct inspections, as a result of which they can issue an order for the employer to eliminate violations and restore the labor rights of citizens.
It is also worth considering the fact that the prosecutor’s office can limit itself only to recommendations on other ways to restore one’s rights. They may recommend contacting the labor inspectorate or court for compensation for the damage caused.
Appeal to the Federal Antimonopoly Service
FAS considers complaints about non-compliance with advertising laws. Job advertisements that contain discriminatory requirements are a violation of such laws. In this case, the advertisement can be placed on the Internet, print media or other media.
Trial
The most effective way to achieve justice in this matter is to go to court. Everything will depend on the subject of the dispute, of course. Therefore, you should decide on the specific actions of the employer that you are challenging. To successfully resolve the problem you will need:
- Correctly describe the violations committed;
- Correctly formulate your requirement;
- Provide good evidence (recorded facts, acts or other documents);
- Confidently defend your own position.
In order to defend your position well, you will need the participation of a qualified specialist. Remember that the law is on your side, and we will help you achieve justice. Take advantage of a free consultation on your issue right now online or order a call.
Most common mistakes
Mistake #1. If a teenager under the age of majority is denied employment, this is considered age discrimination.
In most cases, employers employ citizens over 18 years of age, but to perform light labor that does not cause harm to health, persons under 16 years of age may be hired if they have the written consent of their parents (Article 63 of the Labor Code of the Russian Federation). When a vacant position involves age restrictions and education, refusal to hire a teenager is justified.
Mistake #2. The employer has the right to refuse employment to a pensioner, because he already has a source of income - pension payments.
No, that's not true. If age restrictions are not established by law and no special requirements are imposed on the employee, he cannot be refused employment due to retirement age.
