Refusal of an employee to take another job. Is it possible to revoke a refusal to work part-time? Dismissal when essential conditions change
Case No. 2-768/2015
SOLUTION
IN THE NAME OF THE RUSSIAN FEDERATION
Sortavala City Court of the Republic of Karelia composed of:
presiding judge Mukovkina T.I.,
with the participation of prosecutor E.G. Kazantseva,
under the secretary O.N. Pugach,
having considered in open court a civil case on the claim of XXX and SSS against the Closed Joint Stock Company "Kokkomyaki Quarry" for reinstatement at work, recovery of wages for the period of forced absence and compensation for moral damage,
installed:
The plaintiffs filed a lawsuit against the defendant on the grounds that they worked at JSC “Kokkomyaki Quarry” on the basis of employment contracts concluded by the employer with the plaintiffs for an indefinite period; on 04/09/2015 the employer prepared a notice of change in conditions employment contract, in which the employer indicated that, on the basis of Order No., the wage system was changed, which provided for a change in the terms of the employment contract. The plaintiffs referred to the fact that XXX on July 28, 2015, and SSS on July 16, 2015, were not allowed to work; subsequently they learned that acts of refusal to sign had been drawn up additional agreement, defining new conditions of remuneration, and orders for their dismissal under clause 7, part 1, art. in connection with the termination of an employment contract at the initiative of the employer - the employee’s refusal to continue working due to a change in the terms of the employment contract. The plaintiffs consider the dismissal illegal, citing the fact that the defendant committed violations during their dismissal, the presence of which indicates an illegal dismissal. They indicated that it follows from the notice that the terms of the employment contract in terms of remuneration are changing in connection with changes made to the remuneration system, however, the plaintiffs believe that the employer did not make any changes in production or in its organization, either actually or documented , therefore, the employer did not have the right to unilaterally change the terms of the employment contract with the employee, including wages, which is confirmed by the provisions of Art. . The employer is obliged to notify employees affected by the introduced changes in writing no later than two months before their introduction. For this purpose, the employer familiarizes employees with this order against signature or sends a separate written notice, which should contain information not only about the nature of the changes, but also about their reasons. The prepared notifications do not contain the reasons for the changes made, the timing of the employee’s decision and the consequences of his consent or refusal to continue working under the new conditions. It is believed that this violation is the basis for recognizing the termination of the employment contract as unlawful. In violation of Part 3 of Art. the defendant did not offer other available work or indicate the lack of work. Believes that in accordance with Art. it is necessary to offer the employee a list of vacant positions containing, in addition to their names, a description labor function for each of the positions and working conditions (payment, working hours, etc.), which follows from the systematic interpretation of paragraph. 7 hours 1 tbsp. , Art. Art. , . In this case, the employer must offer vacant positions within the entire two-month notice period. The plaintiffs also believe that the defendant did not find out their opinion about agreeing or refusing to continue working under the new conditions, since the workers were simply not allowed into the plant, they did not see any additional agreement and were not introduced to it. Due to the illegality of dismissal, they believe that the defendant is obliged to pay them wages for the entire period of forced absence from the day of dismissal until the day of reinstatement, also due to the illegal actions of the defendant, the plaintiffs suffered moral suffering, which must be compensated in accordance with Art. Art. and Part V > Section XIII. Protection of labor rights and freedoms. Review and resolution labor disputes. Responsibility for violation of labor legislation and other acts containing norms labor law> Chapter 60. Consideration and resolution of individual labor disputes > Article 394. Making decisions on labor disputes about dismissal and transfer to another job" target="_blank">394 Labor Code of the Russian Federation. The plaintiffs ask to reinstate them in their jobs: XXX as a loading machine driver in the loading shop of JSC Kokkomyaki Quarry, SSS as a driver of a vehicle engaged in transportation rock mass in technological process in a quarry, to recover wages for the period of forced absence in favor of the plaintiffs, to recover compensation for moral damage in the amount of rubles. for everyone's benefit.
Plaintiff XXX did not appear at the court hearing, but was notified of the consideration of the case.
At the court hearing, the plaintiff SSS and the representative of the plaintiffs by proxy, Samsonov A.V. supported the stated claims on the grounds specified in the statement of claim, and also explained that they believe that they were fired illegally. It is believed that the defendant has not provided evidence of the existence of circumstances indicating the impossibility of maintaining the terms of the employment contract determined by the parties, namely, the old wage system, since the workers worked at the new CH430 tertiary crushing complex from the end of February 2015 until their dismissal, nothing in their work has not changed, the introduction of the new complex did not make any changes to the activities of the plaintiffs at all, the workers were not familiarized with order No., the available familiarization sheet presented by the defendant does not indicate that they were familiarized with this particular order, since in the order there is no reference to the obligation to familiarize workers with this order, there is also no indication on the familiarization sheet of what the workers were familiarized with, the workers themselves explain that they were not familiarized with the order and signed for the notifications received. It is believed that the provisions of Art. , since the employees were not offered another job, they were also not informed about the lack of vacancies at the enterprise. They indicated that they were asking to be reinstated in the position from which the employees were dismissed.
The defendant's representative did not appear at the court hearing, asked to consider the case in their absence, and submitted a review. The response indicated that on July 30, 2014, the defendant entered into an agreement with OOO "" for the supply of a tertiary crushing complex CH430 to the plant, carrying out work on its installation, commissioning and commissioning. The acquisition of this equipment was caused by the objective need to carry out a deep modernization of the plant in order to produce a wide and expensive range commercial products, in demand in various industries National economy. On February 12, 2015, the CH430 tertiary crushing complex was installed at the plant and put into operation. 03/02/2015 The General Director of the defendant issued order No. “On changing production technology and increasing the range of manufactured commercial products,” in which the heads of all structural divisions were notified of the commissioning of new equipment, changes in technological working conditions, and the start of production of small fractions of crushed stone (5- 20, 5-10,10-20,10-15,15-20), and in addition, in connection with these circumstances, it was proposed to develop and present to CEO proposals for changing the wage system for employees of the relevant department. On 04/09/2015, Order No. “On Amendments to the Employee Remuneration System” was issued, which recorded changes in technological working conditions, and a new “Regulation on the remuneration of employees of JSC Kokkomyaki Quarry” was approved. This order provided for notification of employees about the change essential conditions employment contracts in terms of changes in the remuneration system, prescribed the need to sign additional agreements with employees after the expiration of the notice period, and also prescribed that due to the lack of vacant positions and in the event of employees not agreeing to work under the new conditions, employment contracts with employees are subject to termination under p. . 7 hours 1 tbsp. . This Order was accompanied by a familiarization sheet, where the plaintiffs signed in their own hands on 04/09/2015 that they had been warned about changes in technological working conditions, changes in the payment system, and also that the defendant had no other vacant jobs. Thus, the plaintiffs are informed that the defendant has no other vacant jobs, and that the employment contract can be terminated at the initiative of the employer if the employee does not agree to work in new technological conditions and with new system accruals and wages. The plaintiffs were given notices of dismissal, they were familiarized with the order, but refused to sign additional agreements after the expiration of the period for preliminary notice, which is recorded in the acts drawn up by the commission dated 07/16/2015 (in relation to SSS) and in the act dated 06/11/2015 (in relation to XXX). It is believed that the provisions of Art. upon dismissal of the plaintiffs were not violated.
After listening to the explanations of the plaintiff, the representative of the plaintiffs, examining the written materials of the case, hearing the conclusion of the prosecutor, who believed that the claim is subject to satisfaction in terms of reinstatement at work, recovery of wages for the period of forced absence, in terms of claims for compensation for moral damage in the amount determined by the court, the court comes to the next conclusion.
The court found that plaintiff XXX, on June 25, 2012, on the basis of employment contract No., was hired as a car driver at JSC Kokkomäki Quarry, and subsequently transferred to the position of loading machine driver; plaintiff SSS was hired as a car driver on August 18, 2013. , employed in the transportation of rock mass in the technological process in the quarry of JSC "Kokkomyaki Quarry" on the basis of employment contract No.
As follows from the case materials, plaintiff XXX was fired on July 28, 2015, and plaintiff SSS was fired on July 16, 2015, both were dismissed under clause 7, part 1, art. in connection with the termination of an employment contract at the initiative of the employer - the employee’s refusal to continue working due to a change in the terms of the employment contract.
From the documents submitted by the plaintiffs to the statements of claim, it is clear that on 04/09/2015 they were given notices dated 04/09/2015 about changes to the terms of the employment contract determined by the parties. According to the notifications, the workers were informed that, on the basis of Order No. dated, the wage system would be changed, which provided for a change in the terms of the employment contract concluded with them. In the notice, employees were notified about the remuneration system; the following remuneration system was established for all employees: official salary in the amount of..., bonus for loyalty up to 100% of official salary, bonus based on the results of work for the month to official salary subject to the processing of rock mass in quantities of over 12,000 tons for each processed ton, percentage allowances in accordance with Art. . It is also reflected that the corresponding changes in wages will be formalized by an additional agreement within two months from the date of receipt of the notification. If the employee does not agree with the change in the terms of the employment contract labor Relations will be terminated after two months from the date of receipt of the notification in accordance with clause 7, part 1, art. .
From the plaintiffs’ explanations and the case materials, it follows that the plant was modernizing its production in order to produce a wide and expensive range of commercial products; on 02/12/2015, a CH430 tertiary crushing complex was installed at the plant and, after installation supervision, it was put into operation; these circumstances were not disclosed by the parties disputed and confirmed by the case materials.
Changes to the terms of the employment contract determined by the parties, introduced in accordance with this article, should not worsen the employee’s position in comparison with the established collective agreement, agreements.
Decided:
The claim is partially satisfied.
Reinstate XXX to work as a loading machine operator in the Zakryty loading shop joint stock company“Kokkomyaki quarry” since July 29, 2015. To recover from the Closed Joint-Stock Company "Kokkomyaki Quarry" in favor of XXX wages for the period of forced absence in the amount, as well as in compensation for moral damage RUB. The rest of the claim is denied.
Reinstate SSS to work as a driver of a vehicle engaged in transporting rock mass in the technological process in the quarry of the crushing and screening shop of the Closed Joint Stock Company "Kokkomyaki Quarry" from July 17, 2015. To recover from the Closed Joint-Stock Company "Kokkomyaki Quarry" in favor of SSS wages for the period of forced absence in the amount of, as well as compensation for moral damage RUB. The rest of the claim is denied.
To collect from the Closed Joint Stock Company "Kokkomyaki Quarry" to the budget of the Sortavala Municipal District a state duty in the amount
The decision regarding reinstatement at work and recovery of wages is subject to immediate execution.
An appeal against the decision may be filed with the Supreme Court of the Republic of Karelia through the Sortavala City Court within a month from the date the court decision was made in final form.
Judge T.I. Mukovkina
The reasoned decision was made on August 31, 2015.
Court:
Sortavala City Court (Republic of Karelia)Plaintiffs:
Volkov E.S.Heglund Yu.A.
Defendants:
JSC "Kokkomyaki Quarry"Judges of the case:
Mukovkina Tatyana Ivanovna (judge)Judicial practice on:
Upon reinstatement at workArbitrage practice on the application of the norm of Art. 394 Labor Code of the Russian Federation
Employment contract
Judicial practice on the application of Art. 56, 57, 58, 59 Labor Code of the Russian Federation
Dismissal, illegal dismissal
Judicial practice on the application of Art. 77 Labor Code of the Russian Federation
The law assumes that changes to an employment contract can be made subject to special rules. The most common reason for revision is a change in the place and conditions of work at the initiative of the employer. Let's look step by step how to carry out this procedure correctly.
General information
An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work for a specified job function, provide working conditions, and pay the employee wages on time and in full.
The employee undertakes to personally perform the labor function determined by this agreement in the interests, under the management and control of the employer, to comply with the internal rules labor regulations valid for this employer.
An employment contract records the agreement of the parties on key issues, including: place of work, working hours, labor function (position), working conditions, wages, rights and obligations of participants in the employment contract, etc.
These main points in the employment contract are essential terms of the employment contract and are indicated in Part 2 of Art. 57 Labor Code of the Russian Federation.
It must also be remembered that changes in the terms of the employment contract should not worsen working conditions, reduce guarantees, or limit the rights of employees in accordance with the current labor legislation, otherwise such conditions are considered invalid (Part 2 of Article 9 of the Labor Code of the Russian Federation).
Options for changing the terms of the contract
By general rule(Article 72 of the Labor Code of the Russian Federation), changing the terms of the contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, except for cases expressly provided for by law.
The Labor Code of the Russian Federation provides the following situations when changes in working conditions are allowed at the initiative of the employer:
- Art. 72.1 TK RF translation to another job;
- Art. 72.2 Labor Code of the Russian Federation- temporary transfer to another job;
- Art. 73 of the Labor Code of the Russian Federation - transfer of an employee to another job in accordance with a medical report;
- Art. 74 Labor Code of the Russian Federation - change in technological or organizational working conditions;
- Art. 60.2 of the Labor Code of the Russian Federation - combination of positions.
Transfer to another job
The transfer of an employee to another job should be understood as a permanent or temporary change in the labor function of the employee or the structural unit in which the employee works, while continuing to work for the same employer, as well as a transfer to work in another area together with the employer. The reason for management's decision to introduce such changes may be not only the successes and achievements of a particular employee, but also his inadequacy for his position.
Less often the transfer will be forced, for example, in emergency situations, if necessary, replace an absent colleague. The following will also be considered a translation:
- changing not just a workplace, but also a department, of course, if it is clearly stated in the employment contract;
- moving to another locality along with the whole company.
The transfer can be permanent or temporary, lasting up to one year. At the same time, at the end of the transfer period, his previous place of work was not provided to him and he did not demand it back and also continues to work, then the transfer from temporary becomes permanent.
But it is always necessary to comply with two essential requirements:
- availability of written consent of the employee;
- There are no contraindications to work due to health reasons.
However, even in this situation, transfer to a job requiring lower qualifications is permitted only with the written consent of the employee. Refusal to perform work during a translation carried out in compliance with the law is considered a violation labor discipline, and absenteeism is absenteeism.
It is also important for the employer to remember that changes to the employment contract are possible on the initiative of the employee himself, while the employer himself decides whether or not to change any conditions for such an employee.
But there are exceptions when the employer does not have the right to refuse to change certain terms of the employment contract for following employees(Part 2 of Article 93 of the Labor Code of the Russian Federation, paragraph 3 of paragraph 13 of the Resolution of the Plenum Supreme Court RF dated January 28, 2014 N 1):
- pregnant woman;
- one of the parents/guardian with a child under 14 years of age or a disabled child under 18 years of age and other persons with such children;
- an employee caring for a sick family member.
Changes in technological or organizational working conditions
According to the law, the employer is not obliged to report to employees, but must notify employees about upcoming changes and their reasons, and also follow a certain procedure for notifying all interested parties.
Changes may affect a variety of aspects of the employment contract: the amount and method of remuneration, working and free time, etc. But, as a rule, they concern not just individual employees, but the organization’s staff as a whole. That's why important stage implementation of such innovations will require obtaining the consent of the local representative representing employees trade union organization.
The employer should remember that he will have to be ready to prove the need to change the terms of the employment contract due to changes in organizational or technological working conditions if a disagreeing employee goes to court. If in court the employer cannot justify the need to make these changes, then these changes may be declared illegal, and the employer may be required, for example, to reinstate the employee under the previous terms of the employment contract or to pay lost wages to the employee, it all depends on the employee’s requirements.
There is also an exception for employees who worked part-time and who cannot be denied such work (for example, a pregnant woman); they cannot be unilaterally transferred to full-time work without their written consent.
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General procedure for registering changes made
Steps and actions of the employer's HR department when documentation Any changes to employment contracts must be as follows:
- Issuance of an order indicating the reasons for changing working conditions, new conditions, a list of employees who will be affected by this, the timing and procedures for the change, as well as the responsible persons. The law does not oblige the publication of this document, but in practice it is often done.
- Notice. The law obliges the employee to notify the employee of planned changes in the employment contract in writing and at least 2 months in advance (exceptions, for example, individual entrepreneurs must notify employees at least two weeks in advance (Article 306 of the Labor Code of the Russian Federation), religious organizations - at least a week in advance (Article 344 of the Labor Code of the Russian Federation)). The notice is most often given to the employee personally, but it is quite acceptable to send it by registered mail with notification by mail.
- Receiving a response from each employee with consent. This may be a handwritten signature on the proposal or a separate statement from the employee.
- Familiarizing the employee with his job responsibilities at another workplace and other local regulatory documents.
- Drawing up, agreeing and signing an additional agreement to the employment contract. In the future, it becomes an integral part of a valid and registered employment contract (Article 57 of the Labor Code of the Russian Federation).
- Issuance of an order. For this it is convenient to use unified form T-5. The use of document forms approved by Goskomstat is not mandatory, but it is convenient for HR specialists and managers.
- Familiarization with the employee's order. This fact is certified by his own signature. Second copies of the order and additional agreement are given to the employee.
- Making entries in the employee’s personal card (form T-2) and his work book. But only if a transfer occurs, that is, the labor function (position) of the employee changes. Relocation, combination of positions or change of work mode in work book and personal card are not reflected.
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Refusal of the employee to change the terms of the employment contract
Each employee has the right to determine for himself whether he wants to work in a new workplace or with a different salary and refuse the corresponding offer from the employer. There can be two consequences of such a refusal:
- the place of work and position will remain the same, the work will continue under the same conditions stipulated in the contract;
- the employment contract with the refused employee will be terminated, but not as a punishment, but on the basis of clause 7 of Art. 77 Labor Code of the Russian Federation.
Dismissal related to the employee’s refusal to continue working due to a change in the terms of the employment contract requires notification of such an event to the employee also in advance, 2 months in advance. The employer must immediately, in writing and signed during this time, offer the employee other options if the employer has them (paragraph 7, part 1, article 21, art. 57, 74 of the Labor Code of the Russian Federation). It is also better to record the employee’s refusal of the offered vacancies in writing.
Upon dismissal on this basis, the employee is entitled to compensation - severance pay. Its amount in this situation is limited to two weeks' earnings.
March 14, 2017, 07:44 Aug 8, 2019 23:33 
Dividing annual paid leave into parts. Review from vacation.
Termination of an employment contract.
The grounds for termination of an employment contract are:
1) agreement of the parties (Article 78 of this Code);
2) expiration of the employment contract (Article 79 of this Code), except for cases where the employment relationship actually continues and neither party has demanded its termination;
3) termination of an employment contract at the initiative of the employee (Article 80 of this Code);
4) termination of an employment contract at the initiative of the employer (Articles 71 and 81 of this Code);
5) transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position);
6) the employee’s refusal to continue working in connection with a change in the owner of the organization’s property, a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of this Code);
7) the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code);
8) the employee’s refusal to transfer to another job, which is necessary for him in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer does not have the corresponding job (parts three and four of Article 73 of this Code);
9) the employee’s refusal to be transferred to work in another location together with the employer (part one of Article 72.1 of this Code);
10) circumstances beyond the control of the parties (Article 83 of this Code);
11) violation of the provisions established by this Code or other federal law rules for concluding an employment contract, if this violation excludes the possibility of continuing work (Article 84 of this Code).
An employment contract may be terminated on other grounds provided for by this Code and other federal laws.
By agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days.
Recall of an employee from vacation is permitted only with his consent. The part of the vacation unused in this regard must be provided at the employee’s choice at a time convenient for him during the current working year or added to the vacation for the next working year.
Employees under the age of eighteen, pregnant women and employees engaged in work with harmful and (or) dangerous working conditions are not allowed to be recalled from vacation.
The most important document for an employee, establishing his rights, obligations and guarantees, is an employment contract. In this document, as in any other agreement, the law provides for conditions, without specifying which, the agreement is considered invalid. Such conditions are usually called essential. In view of their extreme importance for the employee, the legislator has provided a special procedure for changing essential labor conditions agreement.
Article 57 of the Labor Code of the Russian Federation contains an exhaustive list of essential conditions. These include:
Place and date of start of work;
Name of profession, specialty;
The position for which the employee is applying;
Rights and obligations of the employee and employer;
Characteristics of working conditions (mandatory indication of harmful and hazardous conditions labor, if they occur);
Work and rest schedule;
Terms of remuneration;
Types and conditions social insurance, if it is directly related to work activity.
Changes in the above working conditions the employer is allowed only for reasons related to changes in organizational or technological working conditions. The employee must be notified in writing of changes in essential conditions at least 2 months before the occurrence of these changes. This rule is especially important for the employer to observe, since dismissal of an employee due to a change in significant working conditions is possible only after the expiration of the specified period. If the employee is dismissed before the expiration of two months from the date of notice, the court can force the employer to reimburse wages for this period.
Changing the essential terms of the employment contract is not related to the employee’s consent. Therefore, within 2 months the employee must decide whether he is ready to continue working under new conditions or not.
In the same time, if the employee refuses accept new conditions, by law the employer must provide him with another vacant position corresponding to the employee’s qualifications. But, as a rule, such a position is not available, and the employee quits due to refusal to continue work if the essential terms of the employment contract change.
Good afternoon.
Yes, you can refuse since you have not been fired yet.
In the event that, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be preserved, they may be changed at the initiative of the employer, with the exception of changes in the employee’s labor function.
The employer is obliged to notify the employee in writing of the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, in writing no later than two months, unless otherwise provided by this Code.
If the employee does not agree to work under the new conditions, the employer is obliged to offer him in writing another job available to the employer (as vacant position or a job that corresponds to the employee’s qualifications, as well as a vacant lower position or lower paid job) that the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.
If there is no specified work or the employee refuses the offered work, the employment contract is terminated in accordance with paragraph 7 of part one of Article 77 of this Code.
In the event that the reasons specified in part one of this article may entail mass dismissal workers, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established by Article 372 of this Code for the adoption of local regulations, to introduce a part-time working day (shift) and (or) part-time working week for a period up to six months.
If an employee refuses to continue working part-time (shift) and (or) part-time work week, then the employment contract is terminated in accordance with paragraph 2 of part one of Article 81 of this Code. In this case, the employee is provided with appropriate guarantees and compensation.
Cancellation of a part-time working day (shift) and (or) part-time working week earlier than the period for which they were established is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization.
Changes to the terms of the employment contract determined by the parties, introduced in accordance with this article, should not worsen the position of the employee in comparison with the established collective agreement or agreements.
Submit your application and request that a copy be marked as accepting the application.
Spanking You are not fired, you have the right to use your working abilities in your own interests
“We choose, we are chosen” - the job search process can be quite accurately characterized by a line from a famous song. It is not surprising that applicants not only have to listen to employers’ refusals, but also have to say “no” themselves. How to do this correctly?
“We choose, we are chosen” - the job search process can be quite accurately characterized by a line from a famous song. It is not surprising that applicants not only have to listen to employers’ refusals, but also have to say “no” themselves. How to do this correctly?
To help your diplomatic skills help you in your career, read the recommendations.
How to avoid going to interviews
“I sent my resume for a vacancy, they called me and invited me for an interview. After we agreed to meet, I realized that I didn’t want to go. Firstly, it is planned a good place in another company, and secondly, it’s difficult to get to this office. Should you call and refuse? Maybe just not come to the interview?
Applicants give each other advice, as they say, to the best of their education. "Why to call? Recruiters constantly promise to call us back and don’t call us back”; “Be sure to inform that you will not come, so as not to make the person wait for you in vain” - opinions, as we see, are polar.
Still, experts recommend finding time to call or write email, even if you don’t want to, it’s unpleasant or you’re just lazy. If recruiters don’t keep their promises, then we won’t either - such logic is unacceptable for a polite and responsible person. Whatever they say, diplomacy is an indispensable weapon for a specialist who is determined to achieve career achievements.
It is also necessary to cultivate a culture of refusal because the professional world often turns out to be closer than we think. It is possible that you will have to cross paths with this company or even with a specific recruiter. Rest assured: your diplomatic efforts will not be in vain. Many HR managers maintain their own database of applicants, and if a “no show” sign appears next to your name, then most likely the path to this company will be closed for you.
According to the Research Center of the recruiting portal website, 22% of recruiting managers believe that usually lies in “the lack of a culture of behavior and business ethics", 19% - irresponsible. Obviously, no one wants to be considered uncultured and irresponsible. Therefore, you still have to call and cancel the agreement. If you don't get through by phone, write an email.
It is better to do this in advance, for example, on the eve of the scheduled interview day. If it doesn’t work out, call at least an hour or two in advance: the recruiter will have time to reschedule his working hours.
How to explain your refusal to appear for an interview? Since the negotiations have just begun, no special explanation is required - a polite message in a friendly tone is enough. “Thank you for being interested in my candidacy, but circumstances are such that now I am not ready to negotiate a job in your company. I wish you to find a suitable manager. Have a good day,” such a message will leave no doubt about your good manners and knowledge of the rules of business ethics. Most likely, no further explanation is required - recruiters encounter such cases quite often.
“I have to refuse your offer...”
It’s a different matter if you’ve already been selected, attended interviews, completed test tasks and received a job offer. Or perhaps you managed to agree, and on Monday you are expected at your new workplace. And suddenly you changed your mind: a more interesting option was found, your child got sick, you doubted the prospects - there could be different reasons. What should I do?
Here you cannot do without explaining the reasons for your refusal, at least in general outline. Both the recruiter, the future boss, and you yourself spent a lot of time and effort on interviews. If at the final stage of negotiations one of the participants suddenly refuses to continue, the others have the right to know the reasons. Such explanations are not justifications at all, but reasonable adherence to ethical standards.
Politely and kindly explain why you do not want to start working for this company. “I had another proposal, and in currently it’s more interesting to me”; “I soberly assessed my capabilities and am forced to refuse your offer: it is inconvenient for me to spend two hours traveling to the office”; “In my current position, I was offered to head new project, so I’m stopping looking for work,” in most cases there is no need to invent anything. Both the HR manager and the supervisor will most likely understand your motives without any embellishment.
However, if the reason for your refusal lies in the personality of the future manager or in the poor organization of business processes in the company, in your opinion, do not rush to publicly declare this. The art of diplomacy is to smooth out negative aspects. Therefore, instead of laying out everything you think (“Look for others willing to work from dawn to dusk and tolerate an unbalanced boss for such a salary”), it is better to say: “Right now I am not ready to accept your offer, since the working conditions are not suitable for me.” .
At this stage, it is better to communicate the refusal by phone. Email is also acceptable, but personal contact is preferable. Don’t forget to thank the failed employer for his time, wish you all the best, and if your refusal puts someone in an awkward position (for example, if you already agreed and had to go to work), then also apologize for the inconvenience caused.
“Do unto others as you would have them do unto you” - this saying has not lost its relevance for centuries. If we want recruiters to honestly inform us about a refusal, and not leave us alone with guesses, then it makes sense to comply with all agreements ourselves and report the decision on time.
Good luck in your job search!
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