Timeline - Presentation by Marina Abramova (video available in Russian language)
0:00 – Opening remarks. Overview of provisions of legislative acts regulating the refusal to hire and of Ruling of the RF Supreme Court dd. March 17, 2004 N 2. Rules of Articles 3 and 64 of the RF Labor Code: various motivations of discrimination
1:36 – Analyzing positive points for employers in the Ruling of the RF Supreme Court dd. March 17, 2004 N 2: employer’s right to take necessary personnel related decision at its own discretion and choose a candidate best suiting a particular position
4:02 – The notion of “discrimination”; establishing whether there is / there is no discrimination through the prism of the grounds for refusal to hire a candidate. Consequences of “labor discrimination” of certain categories of persons (Articles 144.1, 145 of the RF Criminal Code)
5:30 – Employer’s right to set additional expectations for candidates to a position/job, which are not provided for by the Standard Wage-Rates and Skills Reference Book and occupational standards
6:27 – Court’s decision taken in case of establishment of the fact of violation of candidates’ labor rights: compensation for moral damage
6:57 – Briefly on equality of rights of applicants and employees of an organization to be hired to a vacant position. Ruling of the Judicial Chamber for Civil Cases of the RF Supreme Court dd. March 15, 2021 N 33-KT20-7-K3; Ruling of the Judicial Chamber for Civil Cases of the RF Supreme Court dd. September 12, 2022 N 5-КГ22-73-К2
7:18 – Disabled employment. Ruling of the Judicial Chamber for Civil Cases of the RF Supreme Court dd. July 22, 2019 N 5-КГ19-71; Ruling of the Judicial Chamber for Civil Cases of the RF Supreme Court dd. September 30, 2019 N 33-КГ19-6
7:40 – Ruling of the 8th Cassation Court of General Jurisdiction dd. July 25, 2023 N 8Г-13460/2023[88-14536/2023]. Discussing the case: an employer refused to hire a candidate without a cause and without assessing his competencies, his being up to qualifications, has not conducted an interview and filed fictitious information with the employment center. Cassation court’s findings. Ruling of the Judicial Chamber for Civil Cases of the Second Cassation Court of general Jurisdiction dd. January 16, 2024 in case N 8Г-36700/2023[88-762/2024-(88-34900/2023)]