Annotation

The paper concerns guarantees when concluding an employment agreement, stipulated by the article 64 of the Labour Code of the Russian Federation. Based on the analysis of the provisions of the law and application practice including foreign legislation and practice it is concluded that it is necessary to differentiate between unjustified refusal and illegal refusal. This problem is of fundamental importance when determining the consequences of the court decision concerning unjustified or illegal refusal to hire an employee. The author suggests to establish in the law employer's obligation to employ an individual, if he was illegally refused an employment contract.