If a manager's entry-level position is created within a department, is it illegal for management to fill the position without an application process (involving both in-house and external applicants)?
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archway
ANSWERS: 2
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It depends on where you are. In the UK it is illegal to fill ANY job without advertising it first. BUT that advertisement could be a simple post it note in the chairman's office. So its a bit of a pointless law tbh.
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Depends on the kind of agency/business. A private business does not have to advertise and take applications. They can create a position specifically for a person, i.e. the bosses son or daughter. (some have a standard written procedure) A government agency must have an application process for all qualified applicants. They must advertise the position, interview all applicants which meet advertised minimum criteria and select from the applicant pool. If they don't find anyone, the must go through the process again. They may advertise using different methods, lower or change the criteria, etc. Hiring a relative is not a usual thing in government. If this is done the hiring authority must show that this is clearly the BEST applicant, etc. to the satisfaction of the other applicants (if challenged) and/or a legal authority. NOTE: A Hiring authority can usually specify internal and outside applicants. They usually will entertain inside first and outside second. Usually the do both at the same time.
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