Image: portal of the mayor and government of Moscow Maxim Denisov
a Lawyer and expert on employment law Valentina Yakovleva in the interview with Moscow 24 commented on the story of the girl who refused employment for the reason that a young employee can go on maternity leave. According to him, it’s illegal.
“we Have all of these things are governed by article 3 of the Labour code, “Prohibition of discrimination in employment”. States that no one may be restricted in their labour rights depending on sex, age, and nationality. That is, for reasons that are not related to the business and professional qualities of the candidate,” – said Yakovlev.
When a candidate is trying to get a job, passes the interview, he denies the employer verbally, and even says things like: “You’re pregnant”. In this case, the employee is encouraged to write a request to the employer, in which he asks to explain the reason for the refusal. Such a right the employee has.
According to experts, if the employer’s answer, we can conclude that we are really talking about discrimination, then you should go to court. “You can also claim the employment contract. If the answer is written only with reference to business and professional qualities of the candidate, then defend their rights difficult,” – said Yakovlev.
of Course, if the failure because of the potential of pregnancy was made in writing or is in electronic correspondence, the probability to prove their case in court increases. Can help and audio recording of the dialogue, the source said Moscow 24.
“As a rule, failures of this nature (because of pregnancy. – Approx. ed.) employers just do not give. Employers have learned to give proper written waivers,” – said Yakovlev.
the Lawyer said that if the fact of discrimination is proved, then the employer can attract to administrative responsibility.
Punishment for the employer, BUchildren determined under article “Violation of labor legislation and other normative legal acts containing norms of labour law” of the administrative code. For the Director of the organization is a penalty from one thousand to five thousand rubles for legal entities – from 30 to 50 thousand. To impose a fine can and a leader and for the organization at the same time.
Earlier it was reported that student art Antonina Filatov, who was trying to get into a major gallery, complained of the refusal of the employer due to gender.
According to the girl, she successfully passed the first interview, and then met with my potential boss. Filatov says that she said that I will not take her due to the fact that she can go on maternity leave after graduation.
Now she regrets one thing – that did not record on the recorder. And the only reason not to sue.
This is not the first such case. Another “victim” Victoria Ruda told that she several times was refused a job under the same pretext.
“After the interview I said, “you Know, girl, you are enough, you are not married, you’re an unreliable candidate,” said Ruda.
according to the lawyers, many of these cases, but the real court cases are few. In many ways, according to experts, due to the fact that to prove the fact of sexism is not so simple.
“This could be a dictaphone record, which the court will take. Or the witnesses who would be willing to testify in court and to support the opposition,” – said the lawyer.
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