Important and/or distinctive aspects of recruitment legislation in China
There are few statutory rules relating to checks carried out as part of the recruitment process. The laws and regulations referred to in the table containing jurisdiction analysis only cover a few articles relating to recruitment. Nonetheless, China has developed certain basic principles, such as non-discrimination and basic data protection rules. For certain industries and (corporate) positions, special requirements apply.
In practice, employers normally ask a potential employee to submit various documents prior to signing an employment contract. If the potential employee fails to provide these documents, the employer may decide not to proceed with employment. Challenging the decision not to hire is very difficult and rare in practice. If documents are later found to be incorrect or fake, the employer can take disciplinary actions as provided for in their internal rules or treat the employment contract as invalid.