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What are the requirements relating to advertising positions?
Employers cannot publish untrue or false recruitment ads. Where employers contravene this rule, the labour administrative authority may order the employer to correct its behaviour and impose a fine of up to Rmb1,000. If such untrue or false ads cause damages to the parties concerned, the employers should also compensate their losses.
What can employers do with regard to background checks and inquiries in relation to the following:
(a) Criminal records?
Employers can request employees to provide a copy of their criminal record for positions where, under the law, no criminal history is a prerequisite. Otherwise, there are no explicit legal grounds for employers to request an employee to provide a copy of his or her criminal record.
(b) Medical history?
In general, it is impractical to obtain an employee’s medical history. However, it is normal practice to ask an employee to provide a recent medical report.
(c) Drug screening?
Although seldom required by employers in China, employees can be required to undergo drug screening.
(d) Credit checks?
Employers can obtain publicly available information concerning dishonest people (ie, people who have refused to perform court judgments). Other credit information must be provided by the employee.
(e) Immigration status?
Employers can ask employees to provide a copy of their residency permit, identity card or passport, among other things.
(f) Social media?
Employers can search for employees on Microblogging, WeChat and all other social media platforms.
Employers can ask employees to provide references or recommendations from previous employers.
In addition to the above, when recruiting new staff, employers can, in practice, verify a candidate’s basic personal information, education, work experience, reputation, credibility and other relevant information.
Further, employers can, among other things:
- conduct their own investigation;
- employ an external agency to conduct the investigation; or
- request employees to provide relevant information or documents.
In practice, requesting staff to provide relevant information or documents and getting them to declare their authenticity can help to reduce the risk for employers and enable them to recruit effectively.
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