Why in an ad you can’t write only to Slavs – May 27, 2024 – Russia today Posting in CHAT: Russia According to the law, an obstacle to employment may be the lack of a work permit for a citizen of another country, but not his citizenship Source: Roman Danilkin / 63.RU Recently, much attention has been paid to migrant issues. If we talk about the political course, then, as a rule, we are talking about strengthening migration legislation - there were corresponding proposals before, but after the terrorist attack in Crocus, in connection with which a group of migrants were arrested, they began to sound with renewed vigor. energy. However, migration policy is one thing, but everyday discrimination is quite another. And the courts remind us that this is still illegal. Over the past six months, the courts of first instance have made several decisions prohibiting the publication of advertisements for the search for employees marked “for the Slavs.” The prohibition of discrimination in hiring is not something new - it is directly stated in the Labor Code, and administrative liability is provided for the publication of vacancies with discriminatory restrictions - If we are talking about job advertisements, then any discrimination - age - is prohibited. gender, nationality, religion,” says Oleg Lisin, CEO of the staffing agency Staff-AP. – If it is written that work is only for women or only for men, only for Slavs or only for Asians, or for someone else, then this is direct discrimination. Therefore, this is a violation of the legislation of the Russian Federation. If the employer does not indicate the requirement in the advertisement, but actually refuses due to citizenship, this is also a violation of the law, but it is more difficult to prove. Usually the employer does not advertise that the reason for the refusal is precisely that the candidate, for example, is not a native Muscovite, but came from Dagestan. Formally they refuse for other reasons. However, courts not only fine employers for marking “Slavs only” on vacancies, but also decide to block advertising. At the beginning of May, the decision of the Nikulinsky District Court of Moscow to block the vacancy of a cleaner, which contained a requirement for the candidate to be a Slav, came into force. Even earlier, the Chertanovsky District Court included a vacancy with a similar requirement for security guards on the list of those prohibited for distribution in Russia. Both decisions, like other similar court decisions, refer not only to the Labor Code, but also to the law.” On countering extremist activities" and "Strategy for countering extremism." The latter states that “the most dangerous manifestations of extremism are incitement to hatred or enmity, humiliation of the dignity of a person or group of persons on the basis of gender, race, nationality, language, origin, attitude to religion, as well as membership in any social group.” The notorious “only for Slavs” can be found not only in job advertisements - they are often written by owners who want to rent them out, but there have been no high-profile precedents with punishment for such advertisements. However, courts may apply the same principle. It’s like with vacancies. And it doesn’t matter whether you place an ad on a special website or on your social networks - among the vacancies that the courts included in the list of prohibited information for dissemination, there was, for example, an ad from Odnoklassniki. In these cases, the prosecutor's office went to court in the interests of “an unidentified circle of persons.” The person himself can also complain about discrimination and sue, for example, the employer. But in this case there must be some kind of confirmation. the person was not hired because of his citizenship. It is the employer’s responsibility to provide a written justification for the refusal; at the request of the applicant, you can go to court), but in practice, says Oleg Lisin, the employer can find what is formally legal. . rejection reason. The fight of courts against advertising on the Internet against this background may seem pointless, but Lisin believes that this is not so. “I understand the courts, because such advertising in an atmosphere of tension sends them out even more,” says Lisin. “There is an environment that broadcasts hostility towards people of other nationalities in external sources. This is a very dangerous trend because we live in a multinational country. We have many visitors and these are not only migrants, but also people from other regions of Russia. And in order not to spin this flywheel of xenophobia and impatience towards people of other nations, the courts do not allow discrimination. The courts deal with the issue of enforcing existing laws. However, laws are also changing, and now the Russian authorities are reconsidering approaches to migration policy. In early April, the president contacted the Ministry of Internal Affairs with a corresponding instruction, and soon a bill was introduced to the State Duma that would introduce the concept of a “deportation regime” - with restrictions on financial transactions and a ban on the purchase of real ones. farm, moving and marriage. At the same time, the Ministry of Digital Development of the Russian Federation has prepared a bill on the sale of SIM cards to foreigners and stateless persons only on the basis of biometrics, and the Ministry of Education and Science reported that there will be an exam on language knowledge and legislation. will no longer be accepted by commercial websites. The police authorities, meanwhile, began to fight against illegal immigrants and those who help them - in addition to raids and document checks, they arrested employees of the institute on suspicion of trafficking in language certificates. Pushkin. Source link Source link