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Legality Question...

 
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grumpyvb1



Joined: 16 Jun 2008
Posts: 5

PostPosted: Mon Jul 21, 2008 3:10 pm    Post subject: Legality Question... Reply with quote

Also, when speaking to my references, my potential employer asked questions about my marriage (how long had I been married, did I have any kids, etc). I know this is illegal in the US. Do different rules apply if the company's headquarters is overseas? Thanks again. Confused
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maruss



Joined: 18 Mar 2003
Posts: 1145
Location: Cyprus

PostPosted: Tue Jul 22, 2008 7:00 am    Post subject: Personal questions? Reply with quote

In Russia they are usually curious to know if you are married and are bringing your wife/kids over etc. as a way of estimating how long they think you will stay there for.It is also well known that a number of alimony dodgers are hiding in Russia,knowing that they are safe from foreign laws etc.But if the vacancy you have applied for is with SunnyPlus in Moscow(and I hope it isn't!) the reason is because the director always tries to get single guys married with Russian women as a way of keeping them there!!!
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BELS



Joined: 24 Mar 2005
Posts: 402
Location: Moscow

PostPosted: Sat Jul 26, 2008 7:39 pm    Post subject: Reply with quote

I do believe that if their HQ is in the USA then they should apply the same rules of employment as they would in their own country.

There are commonly British companies, who have language Centres in Russia, one being International, and they should also apply the same rules as they would have to in the UK.

In regards to British employment law, they are now not allowed to discriminate employees due to age, sex, marriage with or without children, ethnic race, or even disability.

But Russian employers can be different, and as Sunny Plus is Russian, so what do you expect.
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BELS



Joined: 24 Mar 2005
Posts: 402
Location: Moscow

PostPosted: Sat Jul 26, 2008 7:43 pm    Post subject: Reply with quote

If it is a British or American based company, why not put N/A = Not applicable. As they are breaking their own countries' laws by asking.
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spiral78



Joined: 05 Apr 2004
Posts: 11534
Location: On a Short Leash

PostPosted: Sat Jul 26, 2008 7:51 pm    Post subject: Reply with quote

Maybe I'm being strange - but why not just answer? Yeah, it's not the 'done' thing in North America, but it is the norm all over Europe. If your marital status is going to be an issue when you get there, wouldn't it be better to know in advance?
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BELS



Joined: 24 Mar 2005
Posts: 402
Location: Moscow

PostPosted: Sat Jul 26, 2008 8:09 pm    Post subject: Reply with quote

spiral78 wrote:
Maybe I'm being strange - but why not just answer? Yeah, it's not the 'done' thing in North America, but it is the norm all over Europe. If your marital status is going to be an issue when you get there, wouldn't it be better to know in advance?


But it's not the norm in Europe either, and it's highly offensive to be selected in this manner, to be victimised due to race, marriage and having children, disability, or age even if your 65 is illegal.

The issue the thread writer mentioned was that if the employers HQ is in the USA it's a big NO! NO! Same applies if it's a British employer! A big NO!
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BELS



Joined: 24 Mar 2005
Posts: 402
Location: Moscow

PostPosted: Sat Jul 26, 2008 8:30 pm    Post subject: Reply with quote

However there are exceptions, as I've just been googling. One of these exceptions can be nationality. Russia only accepts British, Irish, Australians, and North Americans as being native speakers of English. And you may advertise for native speakers.

Family men and women should be accepted in most cases, advertising for certain age groups is now illegal in Britain.

Advertising for male or female, or placing age bracket is illegal. You cannot even remove a person due to his age being 65, if he/she has a desire to continue work.
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Mike_2007



Joined: 24 Apr 2007
Posts: 349
Location: Bucharest, Romania

PostPosted: Sun Jul 27, 2008 4:42 am    Post subject: Reply with quote

Sorry for butting in here but as you seem to know your stuff...

What about if one of those attributes is actually quite pertinent to the job? For example, just as you wouldn't think of employing someone as a doctor who didn't have the necessary medical qualification, could you also refuse to employ someone who wasn't physically fit enough to perform a certain job?
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BELS



Joined: 24 Mar 2005
Posts: 402
Location: Moscow

PostPosted: Sun Jul 27, 2008 6:20 am    Post subject: Reply with quote

Obviously you couldn't be a surgeon if you lost all your fingers, There are exceptions.
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Mike_2007



Joined: 24 Apr 2007
Posts: 349
Location: Bucharest, Romania

PostPosted: Sun Jul 27, 2008 6:49 am    Post subject: Reply with quote

I was thinking more along the lines of rejecting someone for a labouring position because you perceived their age and physical condition to be detrimental to their work efficiency. Would you be hauled up in front of the beak for refusing to employ a 62-year-old asthmatic with a wooden leg and a fear of heights as a hod carrier on a high-rise project? Shocked
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BELS



Joined: 24 Mar 2005
Posts: 402
Location: Moscow

PostPosted: Sun Jul 27, 2008 11:19 am    Post subject: Reply with quote

You do have a point there and I'm glad I'm not an employer, because I believe the employment laws are complicated in the USA and UK that I wouldn't know as, if andan when employee could sue me or not.

Or is it simply just a bit of common sense, and some decency anf fainess to all human beings.
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