Groundless refusal to employment: сoncept, essence, legal consequences

Abstract

In the article the author proceeds from the fact that in modern conditions an employee must meet the high requirements for his professionalism and competence, knowledge and experience, personal, business and physical qualities. Professional-business qualities are a set of professional means by which an employee is able to perform the labor function assigned to him in a qualitative and timely manner. It is proved that one of the main guarantees in the conclusion of an employment contract is the prohibition of groundless refusal to an employment. The latter is interpreted as unmotivated or motivated with the reference to the circumstances that do not belong to the professional and business qualities of an employee, the employer’s refusal to an employee in concluding an employment contract with him. The position is advocated about the legislative fixing of the norm by which an employer may refuse an employee to employ that is only as follows: a) absence of vacant positions; b) insufficiency or lack of appropriate qualifications in the person seeking an employment; c) presence of restrictions established by the legislation on employment; d) presence of restrictions on medical indicators. In all other cases, the refusal to employ an employee should be considered as contradictory to Labor law.