“You’re too young, you won’t be taken seriously”
Darya Ilina is now 24 years old, six years ago she moved to Moscow and started working in the restaurant industry. The girl took the position of manager at the age of 21, after which she decided to change her job. However, in interviews for the manager or assistant manager position at other cafes, his age and appearance were often highlighted.
“Almost every time I was told: “You are so young, how will you manage the team if your subordinates are older than you? You also look so sweet and kind, you will not be taken seriously, ”said Daria.
Also, according to the girl, she did not have any questions about the professional experience of HR specialists. Everyone noted the merits of the applicant, but argued that he did not have “sufficient life experience” for the desired position as a potential employee. When asked at what age people get this experience and what exactly is missing, HR managers didn’t answer.
Also, Daria complained about the interviewees’ statements that concealed sexist messages: “You’re such a good girl, do you think you have enough sternness and directive to sort out management jobs?”
The girl herself tried to object: in the questionnaire her age was indicated, there was also a photo and answers to professional questions. Therefore, his conversations with HR managers surprised him.
“You are 56 years old, would you remove such conditions?”
A similar incident happened to Vera Petrova, a resident of Saratov. She received additional education in her youth, learned English from scratch and was a teacher for a while. Persistent work in the field of pedagogy began when the woman turned 46: she got a job in a children’s club to study foreign languages, then collaborated with private individuals both as a teacher and a governess.
Even after her dismissal, Vera remained on good terms with all employers. But at the next meeting, the director of the recruitment agency began to ask the woman unusual questions.
“The girl directly told me:“ You know, you have good experience working with children, you have a good knowledge of the language, but … You see, you are already 56 years old, will you pull these conditions? The question seemed strange to me: If I had found the job difficult, I would hardly have come to the interview.
Finally, after a few minutes of hiccups in the conversation, the recruitment agency representative said she just wanted to see someone younger as the family’s nanny, ”says Vera.
“We talked about everything except work”
Another story happened to 39-year-old Arkady Azarov from St. Petersburg. He worked in television for several years, but decided to change the field of activity and pursue a career in a state enterprise engaged in regional transport. He offered a resume for the position of an employee of the complaints and suggestions department.
When Arkady showed up for an interview, he was hardly asked about his future work.
“They were interested in talking about everything but work. I was asked about the last book I read. Then the HR manager and I discussed my reasons for changing my activities, and they asked when I was ready to leave. The schedule, salary and team suited me, I had to wait for an invitation, ”said Arkady.
Later, the head of the department called the man and said that he would most likely get bored of the position offered to him and would leave quickly. Added: very high qualifications. Later, a similar statement appeared in interviews more than once, when Arkady responded to vacancies.
“HR gave a lecture on how a girl should look”
The 33-year-old Muscovite Anastasia Nikaeva is a linguist-translator by education. She has been wearing dreadlocks for over 10 years and this has become the most common reason for refusing to work. When Anastasia came to interviews, she never doubted her knowledge, but her appearance was skeptical.
“Over time, I immediately discussed this even on the phone so as not to waste my own or anyone else’s time. And most of them immediately refused. One day the head of the department said: “Promise you’ll get the dreadlocks off your head tomorrow and come out on Monday.” Another time, HR gave a lecture on how a girl should look, ”said Anastasia.
But in most cases he chose his own style and refused to abide by the ultimatums set by the companies.
While Anastasia was looking for a job at the Sochi Olympics, she went through all four stages of the interview and saw no problem with her hair in any of the interviewers. Only in the last round was Anastasia told that her appearance did not meet the requirements.
Later, having received a football coach license, Anastasia began to work in the field of sports. There she faced gender discrimination: they did not want to hire her, justifying this by the fact that “football is not for girls”. When male candidates were found, they were preferred despite their skills, experience and references.
Applicant Rights
Guarantees at the conclusion of an employment contract are regulated by Article 64 of the Labor Code of the Russian Federation, its conditions must be met even at the stage of negotiation, Helen Raevskaya, an expert in labor law and personnel records management, recalled socialbites.ca.
“There are other situations not related to professional qualifications where employers reject applicants, but by law, this can only be done if a potential employee’s qualifications or experience do not match the job description. “There are professional standards that clearly state all the criteria for an applicant,” he said.
According to the expert, a refusal can be made even after an offer has been made – the main thing is that the applicant must have an explanation of the reason and be in business qualifications.
This happens, for example, if the administration unexpectedly finds out that the candidate is unable to perform certain tasks due to the lack of the necessary documents or relevant training, Raevskaya said.
He added that in all other cases, refusing to hire will be considered a violation of the law.
Magomed Yangulbi, a lawyer and managing partner at Yang Consult commercial law firm, told socialbites.ca that in practice, rejection that is not due to a candidate’s non-compliance with the company’s professional requirements is a common occurrence.
According to the law, a number of categories of citizens cannot be refused: pregnant women and women with children, persons with disabilities who are sent to employment at the expense of a work quota, employees invited in writing by transfer, HIV-positive, non-resident, elected to office and others.
Also, gender, nationality, religious belief etc. reasons are not allowed.
Claims and court
Helen Raevskaya says that if an applicant feels that some of the questions or statements of an HR manager or potential leader are inappropriate, they can ask based on what legal actions have been raised.
“Here it is important to know the provisions of the law, it will help anyone who wants to understand how to answer certain questions of the employer and competently defend their rights already at the interview stage,” says the expert.
Magomed Yangulbi said that the applicant, who doubted the validity of the employer’s actions, had the opportunity to resolve the matter in a pre-trial order. They are often asked to file a complaint online free of charge with the labor inspectorate on condition that a written claim or an inspection is issued stating the reasons for not being hired in the person’s opinion.
The employer must provide a formal response within 7 days. In his absence, the lawyer recommends that you apply to the court, which will demand the document by force. The employer is not obliged to notify the candidate in writing of the rejection decision before receiving the relevant request.
“It is important to remember that it is Article 64 of the Labor Code of the Russian Federation that you need to check the employer’s answer. If there are suspicious spots you can pay attention to, you have a chance to win. Once you have the document, you can go to court, but most of the time it takes the employer’s side,” Yangulbi warned.
The expert concluded that if the candidate wins, he should be hired.
Source: Gazeta
