Year: 2024
Type: article
Abstract: The relevance of the study is due to the need to consider the issue of the content and implementation of one of the basic principles of modern Russian labor law, ensuring equality of labor rights of citizens. It is noted that the prohibition of discrimination in the field of work means that any individual has equal opportunities to exercise their labor rights. It is indicated that the implementation of the principle of the prohibition of discrimination in the field of work is ensured, inter alia, by the establishment of legal guarantees when hiring an individual. Attention is drawn to the fact that, unfortunately, there is no legal definition of the business qualities of an individual who wants to get a job. This issue is decided by the highest court. The business qualities of an employee should, in particular, be understood as the ability of an individual to perform a certain work function, taking into account the professional qualifications and personal qualities of the employee available to him. It is argued that when deciding whether to attribute a particular requirement to a candidate for a position as a business quality, first of all, the requirements of regulatory legal acts on labor and the specifics of the labor function should be taken into account. It is noted that the refusal to conclude an employment contract in cases where the conditions provided for by current legislation are not met will be justified. It is noted that the employer has the right to present other requirements to the person applying for a vacant position or job, which are mandatory for concluding an employment contract by virtue of a direct prescription of federal law, or which are necessary in addition to standard or typical professional qualification requirements due to the specifics of a particular job. It is concluded that the conclusion of an employment contract with a specific person looking for work is a subjective right, and not a legal obligation of a potential employer. The legislator does not establish legal norms obliging an organization or an individual entrepreneur to immediately fill vacant positions as soon as they appear.
Source: Academic Law Journal
Author: Sergey Komkov
Institution: Irkutsk State University
Language: English
Topic: Labor Law and Work Dynamics
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4410837269