If an employer uses a job advertisement or vacancy notice to attract the applicant, it is mandatory for the employer to observe the provisions of Section 32 of the Labour Law when creating the content of job advertisements.
The job advertisement must state:
- the given name and surname of the employer - a natural person - or the name (firm name) and registration number of the legal person, or the name (firm name) and registration number of the personnel selection undertaking which, on behalf of the employer, assesses the suitability of applicants and performs selection;
- the range of remuneration of the gross or anticipated hourly tariff rate of the total monthly or annual amount of the salary of the relevant position.
Restrictions to be taken into account when preparing a job advertisement:
● A job advertisement may not be restricted to men or only to women, except where being of a particular sex is an objective and reasonable precondition for the performance of the work in question or the occupation in question (Article 32(1));
● It is prohibited to indicate age limits in a job advertisement, except in cases where, under the law, persons may not perform relevant work at a specified age (Section 32(2));
● It is prohibited to indicate in the job advertisement the ability of a particular foreign language, except where it is reasonably necessary for the performance of the duties (Article 32(2)(1)). For example, serving foreign tourists.
!!! Employers, before you ask for a specific foreign language to be managed in a job advertisement, think about whether it is raised justifiably. . The obligation to substantiate the foreign language requirement included in the job advertisement is the employer's m..
the employer of a shall not be entitled to require a specific foreign language proficiency from an employee if its use does not fall within the scope of the duties of employment. . If the use of a foreign language is not necessary in performing work duties, the employer does not have the right to prevent the employee from using the official language.
If, in establishing employment legal relationships, the employer has violated the prohibition of differential treatment, the applicant has the right to bring an action in court within three months from the day when the refusal of the employer to establish an employment legal relationship with him or her has been received (Section 34, Paragraph one of the Labour Law).
If the employment legal relationship has not been established due to violation of the prohibition of differential treatment, the applicant does not have the right to request the establishment of such relationship by coercion (Section 34, Paragraph two of the Labour Law).