Is it legal for an employer to create new job positions or promotions without them being advertised ?

V.T.V.RAM

If it is a private company. any new position or vacancies arising out of resignation/ death can be filled up by promoting staff on role of the company. In fact, the demand of the employees is that promotions should be given based on seniority !!

Jen

Most companies try to hire and promote from within and there is no law against doing so. If a qualified candidate exists within a company, there is no reason to go outside the company.

Rebecca M

It depends on what type of company it is, if this is a private company they can do this unless there is a union. It also depends on your states law. If someone feels the companies actions are illegal they have to file a complaint with the human resource office that over sees company.

Jo W

I suspect this is a UK question?

If the employer claims to be an equal opportunities employer, then there may be issues with filling posts without advertising them externally (equal ops means just that - everyone has a chance to apply).

However, it is very common for posts to be advertised internally and where possible filled this way. Employees who are worthy of promotion stand a good chance of being promoted and the employer saves the not inconsiderable costs (both cash and time) of external advertising.

Dave

There is no law that controls how companies search for talent.

At companies with employee unions, however, there are often agreements between the union and the company which require the company to advertise internally first. But even then, they don't need to hire within if better talent is available from outside.

If you think your employer is acting unethically, you should ask yourself if you really want to work for them.

KP7689

It depends greatly. If you are working for a company which is less than 15 employees there are no perameters.

The only case in which this would be a violation is if your company and this position is under a union or an affirmative action plan.

David F

I think U.S. law does not require that.

However, if a company has a history of certain behavior, such as advertising for all new job positions, and that behavior is documented in their personnel manual, then they may have an implied contract where they are legally required to continue behave that way.

Of course, looking at that personnel manual may take a court order...

missmaethomas

The answer to your question is 'yes' they can create a new position and promote an employee without advertising. For employers, working with an established employee is the best way to fill a position. They already know how your attendance is, your work performance and history. You are a 'known' vs and 'unknown' risk.

To be fair, perhaps the employer would never have created a merger of positions or new role if they hadn't encountered a fabulous employee within their workforce. Many companies are forced into having employees perform very distinct tasks because that's all the workers can or will do! If you went to work at McDonalds and they said "Can you cook as well as prepare tax documents at the end of the year?" You would think 'how odd and whoever does that?" But some individuals can and will. Employers are simply taking advantage of employees who can fill new roles.

I hope this helps. It is a perfectly normal question. I have wondered about it myself.

rhsaunders

Of course. It may not be smart, but it is perfectly legitimate.

Tim

Employer can do as they like. If you don;t like it you can find another job.

Dan

Rachie...this is normal. Most employers try to promote from within and when an employee has a particular skill set, often times an employer will create a job specific for them.

Many employers do however, post those positions and allow for other internal employees and maybe some external employees to apply for them. Keep in mind that they have zero intention of hiring any applicant other than for which the position was created. In other words, the interviewing is just a formality.

Would you rather your employer waste your time or just hire the person they want to hire to begin with?

Get used to it, this happens in all companies of any size.

geevi a

Hiring a lawyer for minor legal problems can be expensive, but there are websites like LawGuru, FindLaw and other places where you can get free legal advice. I found this website useful - http://www.uelp.org/freelegal.html

garrisonbight

It's their business and they can run it any way they want too. If you don't like it, then you are free to find another job...

Sir Answeralot

Answer is yes, a company can choose to recruit from within without advertising. This has many benefits for the company. It is cheaper for the company, it improves the morale of the existing employees and the company knows the candidate better than taking some unknown.

Flip side is that the company will eventually begin to lose talent/new ideas etc if it never brings in new people.

kelly

its not under handed this is what we call job promotions

unhappy

I work in local govement in UK. They recently, without advertising moved staff up the promotion ladder..I thought this was illegal?

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