The lawyer warned employers about the risks of forced polygraph tests
Lawyer Alexey Petropolsky said that the Labor Code does not provide for a procedure for employees to undergo lie detector testing.
In an interview with the "Paragraph" on Monday, August 17, he noted that an employer can arrange a polygraph test only if there are good reasons and the written consent of the employee or the applicant. It is impossible to make such testing mandatory, even if the corresponding requirement is prescribed in internal documents or an employment contract.
The expert noted that the questions may concern only business qualities and loyalty to the employer. Touching on health, religion, nationality, political views and intimate life is prohibited by the Labor Code and the law "On Personal Data". At the same time, refusal of a polygraph cannot become grounds for dismissal or refusal of employment.
If the results of the audit led to the punishment of an employee or refusal of employment, the company may face a fine of up to 70 thousand rubles. In case of unlawful dismissal, the court may reinstate the employee, oblige the employer to pay the salary for forced absenteeism and compensate for moral damage, notes 360.ru .
HR Director Yulia Sanina, in an interview with RT, said that forcing an inspection is illegal unless it concerns specific law enforcement agencies or the civil service, where it is prescribed in the laws.
In July, lawyer Alexander Yuzhalin, in an interview with NSN, called it illegal to force applicants to a lie detector. He also emphasized that the procedure should take place exclusively with the voluntary consent of the applicant. The polygraph test takes place in two stages: first, a conversation without sensors, then with their use. Conclusions are drawn based on the results of both parts, and they can influence the hiring decision, notes Pravda.Ru .
In April, Svetlana Bessarabova, a member of the State Duma Committee on Labor, Social Policy and Veterans' Affairs, may be held accountable for refusing to hire due to the applicant's unwillingness to undergo polygraphy. She added that any checks not provided for by law are illegal, including polygraph testing, the website writes. kp.ru .
In December, realtor Alina Pravotorina said that apartment sellers should be prepared for more thorough checks, including using a polygraph. This practice began to spread in the secondary housing market after the high-profile story of fraud in the sale of Larisa Dolina's apartment.
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