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07 Global RACR day 4 - The Most Fundamental Legal Aspects of Current Recruitment

The Most Fundamental Legal Aspects of Current Recruitment - Jan Prochu00e1zka

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07 Global RACR day 4 - The Most Fundamental Legal Aspects of Current Recruitment

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  1. Most Fundamental Legal Aspects of Current Recruitment • 6 June 2022

  2. Before hiring Labour Code and Anti-Discrimination Act already applicable! Selection is made by the employer, BUT Employer must not discriminate. Employer may only require information that is related to the conclusion of the employment contract.

  3. Discrimination • Unequal treatment due to: • race, ethnicity, nationality, gender, sexual orientation, age, disability, religion, citizenship • direct X indirect

  4. Information that can be required • Employer’s expectations X legal requirements • No whitelist or blacklist in law – relation to the conclusion of the employment contract • Whitelist: • education, work experience, other qualifications • Blacklist: • family situation, trade union membership

  5. Information that can be required Reference – only if permitted by the candidate? Background checks – nature of work, scope of information, means of collection Criminal record Off-work behaviour – social networks, internet Wrongful information – what is the legal remedy?

  6. Interviews and assessment centers Costs coverage On-trial jobs

  7. Privacy & GDPR Personal data – identifiable individual Processing of personal data – broad definition Title – do I need a consent? Term – how long can I keep the CV and can I contact the candidate again?

  8. Job offer Employment contract – what does it require? Job offer – signing, terms, revocation Future contract Employment contract for non-EU citizens Change of mind

  9. Trial period Termination – discriminatory reasons Duration Fixed-term contracts Calculation – what is not included?

  10. Non-competition rules During the employment – employer’s consent X general ban not possible! After the employment – 12 months, 50 % salary, specifics, withdrawal!

  11. Home office & remote work Mutual agreement – cannot be ordered Availability – legal consequences Safety at work – what is sufficient? Compensation

  12. Any questions? Jan Procházka Advokát / Partner+420 731 530 603jprochazka@deloittece.com

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