While the law cannot keep you from using gender-referent words and titles, the federal Equal Employment Opportunity commission (eeoc) will not permit the use of the phrase "Equal Opportunity Employer" if you. You must, in that case, choose one or the other — either get rid of the gender-referent terms or do not include the phrase. You also have to be particularly careful not to use language that will discriminate against potential applicants for your job because of their age. The eeoc gives policy guidance on how job advertisements may violate the Age discrimination in Employment Act (adea). Although the prohibition against job advertisements that discriminate on the basis of age is pretty straightforward, the eeoc finds that a case-by-case assessment is needed as to whether the language of a particular advertisement, as well as the context in which it is used, would. For example, the mere presence of "trigger words" (words and phrases that refer to age such as "recent college graduate "young executive "athletically inclined etc.) does not alone constitute a violation of the adea. In order to determine whether an advertisement is discriminatory, the ad must be read in its entirety, taking into consideration the results of the ad on the employer's hiring practices.
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There are federal laws that apply to employers with 15 or more employees and that prohibit discrimination against drain any protected class of individuals. These laws dictate what you can and cannot say in a job advertisement. Some state laws apply to even smaller employers. Another reason to avoid using discriminatory language in a job ad is that newspapers, trade journals, online sites, etc., have policies in place to reject ads that are discriminatory. What constitutes discriminatory language? Generally, federal law prohibits you from making statements or implications about not wanting people from protected groups (i.e., members of a certain race, color, ethnicity, national origin, religion, gender, age (over 40 disability, or veteran status). A very narrow exception applies to jobs where there is a bona fide occupational qualification for the position, meaning that religion, gender, or national origin factors are reasonably necessary to the normal operation of that particular king business or enterprise. Using gender as an example, in the absence of a gender bona fide occupational qualification, a statement of absolute preference for members of one sex, such as "Pretty girls Wanted" is discriminatory. Be aware that the law does not prohibit you from using titles that seem to specify one gender over another. However, don't use them if you can avoid. Most can be changed to a gender-neutral form, anyway.
Point out any special criteria such as extensive travel or relocation vegetarianism that would immediately weed out applicants unwilling to take on those aspects of the job. Use proper grammar and punctuation so your ad will be easy to understand. Don't overuse abbreviations and acronyms that make it difficult to read or understand the. If you must use them, stick with the simple ones. Be specific about the type of equipment, software programs, etc., that applicants should know how to use or operate. Remember — writing it right saves you and applicants a lot of time and energy. They want to find the right job as much as you want to find the right employee, and a clear, specific job ad goes a long way toward that end. It's of the utmost importance that you avoid using discriminatory language when creating a job advertisement first and foremost because federal and state anti-discrimination laws may apply to your job ads.
You've made the decision to hire someone to work in your business, and after determining what you need done for the position and chosen a medium to publicize your job opening, it's time to draft the all-important job advertisement. Regardless of pelleas the medium it will appear in, you want to include the right information in your ad to draw responses from the best candidates, while avoiding discriminatory language that may violate federal or state laws and is bad for your business image., use common. The same general rules apply regardless of the medium, whether you go with a newspaper, trade journal, or online posting: Tell enough about the job so that those reading the ad can decide whether they are interested and qualified. This is necessary whether it is a four-line ad in the classified column or a full-page, four-color spread in a professional journal. Give the job title along with a brief description of duties, especially if the job title is ambiguous. If you have a job description, this is the time to use. You can use main points from your job description in your ad and save yourself some time trying to figure out what to say. List the minimum education, experience, and skill levels that are acceptable, if applicable.
Along with the quite significant number of documents that an employer should submit in order to obtain a permit to engage foreign manpower, and then a personal work permit, it is also necessary to prove the educational credentials of the employee under the engagement, meaning that copies of diplomas have to be applied for or notarized in their country of issue, and so. Also, the foreigner must pass the medical screening. A work permit and work visa for "ordinary" foreign employees can be issued for a period of up to one (1) year. It can take up to 4 months to have all work authorization documents for foreigners arriving to Russia on the basis of a visa in place. It should be noted that both hqs and "ordinary" foreign employees arriving on a visa basis should have a work visa, with business visas or any other type of visa not allowed to be the basis of employment activities in Russia, since, according to the law, the purpose of entry (actually performing activities) should correspond to the. Foreign employees that do not need a visa. Foreign citizens arriving in Russia without a visa (nationals from Ukraine, belarus, kazakhstan, kyrgyzstan, tajikistan, moldova, uzbekistan, Armenia and Azerbaijan) only need a work permit (except for Belarus citizens which is issued to them for work at a specific facility. The employer needs only to notify the Federal Immigration Service that an employment contract has been concluded with such an employee, along with the Tax Authority and Federal Labor and Employment Service.
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It should be noted that there are certain restrictions on foreign nationals in relation to specific occupations,. Civil servants, judges, public prosecutors, notaries publics, patent attorneys, etc. Highly qualified employees, the migration laws allow employers to evaluate a foreign employee's qualifications at their own discretion. The only formal qualifying criteria for being a hqs is the amount of prospective income — over 2 million rubles per year (approx. The hiring procedure for highly qualified specialists is relatively simple in comparison with employment employment of non-hqs employees. Namely, these specialists are not subject to prior" placement, the company is not required to obtain permission to employ an hqs, an invitation for a work visa can be obtained simultaneously with the work permit.
Work permits and associated work visas for the hqs may be issued for a period of up to three years (in comparison to a one year visa and permit for "ordinary" foreign employees). It takes 14 business days to obtain the hqs work permit. Once the work permit for the hqs is obtained and the foreign employee enters Russia on the basis of a work visa, he/she should be registered with the local tax authority within 30 days. It should be noted that employers of hqs have certain requirements that should be reported to the federal Migration and Service (e.g. Confirmation of provision of additional health insurance, payment of minimum salary established to the hqs, etc.). Foreign ordinary employees that enter Russia on a visa. In order for a company to employ this category of employees, it should obtain the following authorization documents and observe the following procedure: (i) to accord with the prior" placement (the relevant application should be submitted by may 1 of the year preceding the year during which the company is going to engage foreigners, except for non" positions that.
The Russian Labor Code establishes certain categories of employees who enjoy increased protection, such as pregnant women, women with children under 3 years old, single mothers who have children under 14 years (or disabled children under 18 and single fathers. Pregnant women cannot be dismissed at the initiative of the employer except in cases of the employer's liquidation (including cases of pregnant female misbehavior, and non-performance or improper performance of employment duties). Additionally, pregnant women cannot be sent by an employer on business trips, or instructed to work overtime, during nights, weekends and public holidays. Women with children under 3 years old, single mothers who have children under 14 years (or disabled children under 18 years old) and single fathers cannot be dismissed at the initiative of the employer, except in cases of the employer's liquidation, repeated non-fulfillment or improper fulfillment by the employee of his/her employment. or disclosure of protected (confidential) information, and the like.
These employees may be sent on business trips, instructed to work overtime, during nights, weekends and public holidays. However, the employer must obtain their relevant prior written consent in such cases. Are foreign citizens subject to any approvals prior to employment in Russia? In order to work in Russia a foreign citizen needs a work permit. A legal entity intending to employ a foreigner should obtain permission allowing the company to do so (where applicable). Foreign employees can be symbolically divided into the following three groups: highly-qualified specialists (hqs foreign employees ordinary that arrive on the basis of a visa; foreign employees ordinary that arrive in Russia without a visa. Russian laws establish different procedures and timeframes for obtaining work authorization documents for these different groups of foreign employees.
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However, the legislation does not establish any other incentives enforcing these obligations or establishing disciplinary or material vietnamese sanctions for their breach. Where sanctions for any breach of non-competition provisions are included in an individual employment contract, the court, in the event of a dispute, would most likely recognize them as invalid and inapplicable. Therefore, the existence of non-competition and non-solicitation provisions in employment contracts, in principle, can serve as a "threat" to an employee and they impose a kind of "moral obligation" on the employee and the employer. But they will not be able to hold the employee liable for competing actions or enable an employer to claim damages if any occur as a result of the employee's competing actions. Can the employer unilaterally change the agreed terms and conditions of employment? The employer can unilaterally change the agreed terms and conditions of employment (excluding the employee's job function) in a very limited number of cases, provided that the reasons for the change are connected with the organizational or technological conditions of labor. The employer should notify an employee two months in advance of any changes and follow the legal formalities established by the labor Code. What are the protected categories of employees?
Can an employer include non-competition and non-solicitation provisions into an employment contract? Yes, a company can include such provisions into the employment contract. However, such provisions will have only a declarative function. Russian laws do not establish any limitations for employees on performing activities that compete with an employer's activities. Non-compete provisions (as well as non-solicitation provisions) are not enforceable under Russian laws as the Constitution of the russian Federation establishes the right of free disposal for one's capacity to work, and the civil Code also establishes freedom of contract (e.g. For the companies offering employment). Nevertheless, including non-compete provisions into employment contracts has become a normal market practice in Russia, often included into employment contracts for key employees (general managers, chief accountants, etc.). Sometimes the observance of non-competition provisions is ensured through additional employee compensation paid after the contract's termination at the expiry of a non-competition period. Payment of compensation may, to some extent, guarantee spill observance of non-competition provisions.
admitted to work by an employer. In this case, an employer should arrange for a written employment contract within three days of the employee's admission to work. It should also be noted that an employer's failure to enter into a written contract is punishable by a fine. The Russian Labor Code has a minimum content requirement for any employment contract, including names and details of the employee and the employer, the employee's job function and start date, the terms of remuneration, working hours and holidays, mandatory social insurance (medical, pension, social, work-related injury and protection against occupational hazards, etc. Not including the required provisions in the employment contract does not mean it is invalid, or that the provisions do not apply: It means that the employment contract should be supplemented with the missing provisions when it is legally considered. Labor laws establish specific minimum employment terms, which should be observed while drawing up an employment contract. These include minimum salaries set by the government (including local government limits on working hours and minimum weekly rest breaks, annual leave (in addition to 10 days of public holidays and mandatory guarantees established for individuals working in Northern and equivalent regions. In addition to the mandatory provisions, it is also allowed to include other provisions provided that they don't worsen the employee's conditions of service in comparison with the minimum guarantees established by the labor Code, other applicable laws and regulations.
Additionally, russian labor laws protect foreign nationals working in Russia and Russian nationals working in Russian Diplomatic bodies in other jurisdictions, as well as those employees instructed by employers to leave russia for a business trip abroad. Only individuals who are considered "employees" (individuals who have undertaken essay to personally perform a function established in their employment agreement, and who work for remuneration under the instruction and supervision of an employer) are protected by Russian employment laws. Self-employed workers (independent contractors who do not have an employment relationship) have no employment law protection. Do employment contracts have to be in writing? Olga fedchenko, associate, employment Pensions benefits, goltsblat blp. Yes, under the Russian Labor Code an employment contract must always be in writing. Verbal agreements are not allowed.
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Nadezhda Ilyushina, head of Employment Pensions benefits, goltsblat blp. Employment in Russia, the Russian Labor Code, and the links between employment and visas for international employees, can be subject to a lot of confusion. But the following faq directed to Goltsblat blp makes an ideal starting point when considering employment issues. What types of workers are protected by employment law? The Russian Labor Code protects all kinds of employees equally, and it does not distinguish between different types of employees,. Blue-collar and white-collar workers, office staff and management. Part-time, fixed-term, and seasonal employees also have protection under the Labor Code.