Important and/or distinctive aspects of recruitment legislation in Czech Republic

Generally, the employer cannot require a candidate to provide information relating to nationality, race or ethnic origin, political attitudes, trade union membership, religion, philosophical beliefs or sexual orientation during the recruitment or selection of employees, unless this is in accordance with special regulations. Employers are also not entitled to information or personal data that is not required under special regulations.

Upon the applicant's request, an employer is obliged to justify the need for the employee's personal data. The selection process must guarantee equal opportunity for all individuals applying for the job.

Recent case of the Supreme Court related to criminal record checks

An interesting case relating to a candidate's duty to provide information during recruitment appeared this year.

A manager of a famous jazz club was dismissed for breach of duty. As the manager considered that his dismissal was unfair, he brought a claim. The defendant employer argued that the manager's employment contract was void, because he did not mention his prior suspended sentence in the questionnaire which was given to him to fill out prior to signing his employment contract (the manager was convicted of embezzlement, which had been committed whilst working for a previous employer). Consequently, the employer had been misled – if it had known about the manager's conviction during the recruitment process, it would not have hired the manager. The manager argued that, according to the Penal Code, at the time of recruitment he should have been treated as though he had no conviction.

The Supreme Court decided that the employee was not obliged to inform the employer about his conviction. Moreover, the employer was not allowed to require such information from manager either as an employee or as a candidate. The Supreme Court declared the employment contract to be valid even though the manager did not disclose his prior conviction to the employer.

TABLE CONTAINING JURISDICTION BY JURISDICTION ANALYSIS (PDF)