How to refuse a job applicant - grounds and example of refusal

Refusal to hire under the Labor Code

Employers often refuse people without giving significant reasons. In this position, candidates are at the least advantageous position at the very beginning. According to Article 64 of the Labor Code of the Russian Federation, it is prohibited to refuse registration without clearly substantiated arguments, and under Part 6 of the mentioned article, unmotivated rejection of a candidate is challenged in court

. In fact, it is almost impossible to oblige the employer to sign a contract, and legal practice on this issue rarely develops in favor of citizens.

The employer has the authority, at his own discretion, to make the necessary decisions regarding the selection, hiring and dismissal of employees. In some cases, the employer refuses applicants, but for illegal refusal there is liability in accordance with Part 1 of Art. 64 Labor Code of the Russian Federation.

To correctly formulate a justified refusal to an applicant, the following recommendations are useful:

• you need to make sure that the applicant is not one of the persons who, by law, cannot be refused employment;
• determine whether there are real grounds for rejecting the applicant’s candidacy;
• the message must refer to the law if the applicant is not included in the category of persons who are prohibited from refusing;
• provide a reasoned refusal to hire in writing if the citizen requests it;
• the refusal should be handed over to the applicant or sent by letter with an inventory and notification attached.

A written justification for the impossibility of hiring is not required only if there is no vacant position at the enterprise.

Method 8 - refusal during the interview.

Sometimes, when during the interview it turns out that the experience, knowledge and skills of the applicant obviously do not meet the requirements specified in the job description, you should immediately say so.

“The specified requirements are mandatory, so we are unlikely to be able to make you an offer. I’m very sorry that you wasted your time...”

If the reason for the refusal is not obvious, then it is better to refrain from refusing.

There are many ways to refuse, but in most cases employers do not bother to use them.

Let's try to figure out why.

Legitimate reasons for refusal

In order for the employer’s negative response to be justified and motivated, it is necessary to refer to the fact that the employee does not have the required qualities that are paramount for carrying out this type of work activity. These qualities mean the ability to perform labor functions and compliance with professional requirements.

Professional qualities include appropriate education and experience in the profession, the required specialization or qualification level. Personal - the level of communication, the ability to clearly follow the orders of the manager, health parameters, achievements in the profession.

An employer’s refusal to hire may be considered legal in the following situations:

1. A minor citizen who has not received permission from parents or legal representatives for employment.
2. The documents required for registration were not presented.
3. The work involves difficult working conditions, and the candidate is female. Women are prohibited from carrying heavy loads, and mothers of large families with small children are not allowed to engage in activities with irregular work schedules. Minor applicants can be rejected for the same reason: they should not lift heavy objects, endure excessive mental stress, or perform work under hazardous working conditions.
4. The applicant for civil service does not speak Russian.
5. There is a disqualification recorded in the work book.
6. The applicant has a court-ordered restriction on performing certain job duties.
7. The citizen has mental illness.
8. Foreigners who apply for activities related to state secrets.

You can refuse for other reasons if they have clear arguments.

Why applicants are not rejected

Reason 1. Not accepted

This can mean anything, including the fact that, according to established practice, no one believes in the veracity of the phrase “We will contact you (even if the result is negative)” - neither those who pronounce it, nor those to whom it is spoken .

Most employers don't even consider turning down applicants, so those who do raise eyebrows.

Although, of course, a positive attitude and respect for such a rare employer are also guaranteed.

Reason 2. There is no time and/or the company allows not to refuse applicants if there is another job

A recruiter can be seriously overloaded, and management evaluates the quality of work by the number of employees hired, and not by the number of refusals sent.

Therefore, refusals to applicants, as a rule, are in last place on the list of priority tasks.

Maybe the company's management thinks that refusals have a positive impact on the employer's image, but they are unlikely to require the recruiter to do this work and calculate the labor costs for this work.

Reason 3. It is impossible to explain the reason for the refusal

The “like” criterion will always be the main one when choosing an employee.

Sometimes selection specialists prefer not to answer the applicant, avoiding the question “Why was I rejected?”

Reason 4. “I’d like to see someone else” or lengthy consideration of candidates for a vacant position

It happens that the employer is not ready to make an offer to the applicant, but he is also not ready to refuse - in case he can’t find anyone better.

The state of uncertainty drags on for such a long period of time that a refusal in a month and a half will look strange.

Therefore, no one thinks about refusal anymore.

Reason 5. It is not known who should refuse

The recruiters sent the applicant to the client, who then makes the decision himself.

Given that one party wants to receive money for the order, and the other wants to receive the final candidate for money, such insignificant details as who, how and when will respond to rejected applicants are almost never discussed.

The employer believes that he paid money for the final candidate, and the rest does not concern him; the recruiter does not go into details of the decision.

Reason 6 Waiting for the candidate to whom the offer was made to start working.

The situation when an applicant who has received and accepted an offer never appears with a new employer is not uncommon.

An employer who has not received a new employee, but has rejected the “spare” participants in the competition, is forced to start the search from scratch.

Therefore, to be on the safe side, the refusal to applicants may be delayed, and then they may simply forget about it.

The list of reasons is not exhaustive... anything can happen.

Unlawful reasons for refusing to hire

Obtaining a job cannot be related to the applicant’s place of residence. Rejection of an applicant for the following reasons is considered discrimination:

• religion;
• nationality;
• race;
• age restrictions.

Reasons that degrade human dignity include:

• pregnancy;
• having a child;
• chronic diseases;
• disability;
• lack of registration at the place of residence;
• lack of membership in a trade union body;
• non-acceptance of the results of elections, competitions, court decisions.

IMPORTANT! It is impossible to refuse a person with a disability if he has provided a referral under a quota mandatory for the organization.

For those who have Russian citizenship, registration is optional. Applicants are not required to be union members. Elected positions and winning competitions are outside the scope of the employer’s competence. A court decision on the employment of a citizen is not subject to discussion and cannot be challenged.

Rules for conducting a conversation to refuse a vacancy

The fundamental laws of interpersonal communication and diplomatic scripts (schemes) also apply in the context of a personal meeting with an unsuitable employer. The conversation is not difficult if the applicant remembers that he is an equal participant in the labor exchange, offering his professional services in exchange for the agreed remuneration. Following this idea, it will not be difficult for the initiator of negotiations to protect his interests without going beyond a friendly tone. It is worth making a plan for the conversation in advance, providing an explanation with one or more arguments and sticking to the chosen goal - unconditionally sever the relationship or win more friendly terms. Here are a few rules to help you achieve success in negotiations:

1. Brevity. The message should be concise and succinct to save time on both sides.
2. Avoid an apologetic tone. Despite the natural desire to smooth out the negative message of the news and reduce tension, you should adhere to a parity style of communication in order to keep your interlocutor from making unconstructive statements. Eliminate the words “sorry”, “excuse me”, “I beg your pardon”.
3. It is advisable to use a clear non-verbal “mask” that will help the opponent’s subconscious perceive the speaker as an honest and decisive person: eye contact, a friendly smile, open hand gestures.
4. If the interlocutor takes the conversation to an emotional level or continues to insist on unacceptable conditions, you should use the “dumb refusal” technique (repeating the chosen decision for each opponent’s remark).
5. Avoid emotional reactions to irritation and reproaches; be patient.

Example

“Hello, XX! (Remind yourself if required) I am very glad that you took the time to communicate with me. It was useful for me to communicate with professionals; I learned a lot of new and useful things. It would be nice to work here, but I realized that I would not be able to reach my full potential due to... . This decision was not easy for me; I thought for a long time before deciding to do it. I wish you to find a suitable employee as soon as possible. Thank you again. Here are my contacts for the future, I will be glad to meet you again someday.”

5 Steps to a Successful STAR Interview

Who cannot be denied employment?

There are preferential categories of citizens who cannot be denied employment, regardless of the subjective attitude and preferences of management or personnel department employees. According to Article 64 of the Labor Code, it is prohibited to refuse to hire:

• pregnant workers;
• mothers or fathers raising a child alone if they are the sole breadwinner;
• candidates by invitation who have already left their previous position.

ATTENTION! If the owner has changed, the chief accountant and director may be refused to renew the contract. But this can be done no later than 3 months from the moment the new founder appears.

Written refusal to hire an employee with wording

A common reason cited is a lack of skills stated in the open position description. The refusal must contain information about what skills, abilities, and business qualities do not meet the stated requirements.

If, based on the selection results, a decision is made to refuse the applicant and he requests a document with confirmation, then the manager who made such a decision is obliged to:

1. Submit a refusal to hire against a signature, having first put a registration number on the document.
2. Clearly formulate the reasons for the negative decision.
3. A signed copy of the recipient and a written statement requesting the document should be retained.

The letter to the applicant must be written in a correct and respectful manner. You can use the following language: “Your resume will be reviewed when new vacancies become available. We wish you good luck in your future job search!”

Why applicants are not rejected based on their resume?

Firstly, the recruiter spends only 10 seconds on the initial review of the resume.

It is unlikely that he will be ready to spend the same amount of time sending a “rejection” message.

Secondly, sometimes you can understand whether an applicant is interesting or not immediately, but only after all the responses have been reviewed - everything is known by comparison.

Thirdly, the formal compliance of the applicant with the stated requirements makes the refusal unfounded.

Fourthly, sometimes the resume sent as a response does not meet the employer’s requirements so much that the refusal becomes meaningless.

Employer's liability for unjustified refusal of employment

For an insufficiently motivated refusal, the employer may be subject to administrative, disciplinary and criminal liability. Measures are applied to employees of the enterprise in the form of a reprimand, reprimand, as well as:

• Administrative liability occurs in case of violation of legislative norms. In this situation, the penalty will be a fine. Failure to comply with the law may result in the company's operations being suspended for up to three years.
• If a pregnant woman or an applicant with children is denied employment, the employer who made such a decision may incur criminal liability. The culprit is subject to a fine of up to two hundred thousand rubles or correctional labor.

If employment is unfairly denied, a citizen has the right to apply to the court

a claim for restoration of violated rights, compensation for material and moral damage.