After the publication of “Things like this,” the company HeadHunter returned the word “feminism” to the text of the job search for a nanny, which was posted by Moscow resident Yasna Ishaki, and apologized to her. Initially, the head of the HH press service, Alexander Dzhabarov, said that the requirement to support feminism for candidates does not comply with Russian labor legislation.
“We support any public initiatives, movements and personal beliefs that are aimed at expanding rights and freedoms,” the company told TD. “We admit that in this situation our moderators acted formally and did not offer the author of the vacancy an alternative wording.”
HH restored the text of the vacancy with the wording “Transmit the ideas of feminism (equality of women and rejection of specifically “girlish” education) during the performance of work duties.” It was proposed to indicate this wish not as a mandatory requirement, but as one of the candidate’s responsibilities.
On April 7, Jasna wrote on her Facebook page that she was looking for a nanny for her daughter on HeadHunter. The vacancy stated: “Support for feminism (equal rights for women and rejection of specifically “girlish” education) is required.” This part of the ad has been removed. Ishaki wrote that she was looking for a nanny (whether male or female) who considers her daughter an “equal person.”
The press service of the company told Takim Dela that the text of the vacancy was indeed edited, since such a requirement is discrimination against candidates of other beliefs and those who do not have such beliefs.
HH referred to Article 64 of the Labor Code of the Russian Federation. It states that when concluding an employment contract, no direct or indirect restriction of rights is allowed depending on gender, race, origin, or beliefs. “We do not have our own stop list, only the one listed in Article 64 of the Labor Code of the Russian Federation. That vacancy did not pass the “beliefs” point,” the company explained.
Jasna told Such Things that she had already found suitable candidates to work as a nanny. They only have to pass test days. After the publication of TD, she said on Facebook that HH allows employers to filter resumes by gender and age of candidates, but at the same time her requirement to support women's equality was removed.
Updated April 14 at 4:22 p.m. Partner of the Pen & Paper Bar Association Ekaterina Tyagai explained to “Takim Dela” that it is logical for the parent’s wishes regarding the personal beliefs of the person who will interact with the child while working as a nanny. At the same time, the law explicitly prohibits discrimination in labor relations in connection with the employee’s beliefs, she emphasized.
However, according to the Labor Code, any restriction of rights or the establishment of any advantages when concluding an employment contract is not allowed, Tyagay noted. Advantages cannot include beliefs, membership in public associations or social groups, as well as other circumstances not related to the business qualities of employees.
The resolution of the Plenum of the Supreme Court indicates that the business qualities of an employee should, in particular, be understood as his ability to perform a certain job function, taking into account his professional qualifications (the presence of a certain profession, specialty, qualifications), the personal qualities of the employee (health status, availability a certain level of education, work experience in a given specialty, in a given industry).