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What are the requirements relating to advertising positions?
As regards private employers, there are no specific requirements apart from protection from discrimination, which applies to the hiring process.
What can employers do with regard to background checks and inquiries in relation to the following:
(a) Criminal records?
Criminal record checks may be carried out by public employers or for specific positions (eg, security guards or bank employees). Only the employee can request his or her criminal record from the authorities.
(b) Medical history?
Checks on medical history are not permitted. However, for specific roles an employer can carry out a medical examination before hiring in order to ascertain that the employee can perform his or her duties.
(c) Drug screening?
Drug screening is not permitted, apart from specific roles.
(d) Credit checks?
Credit checks are not permitted.
(e) Immigration status?
Yes, a company must check immigration status before hiring a foreign employee in order to prevent the hiring of illegal immigrants.
(f) Social media?
No specific regulation applies to social media checks.
The general rule is set out in Article 8 of the Workers Statute, which prohibits an employer from carrying out investigations before hiring on facts not relevant for assessing the worker's professional attitude (eg, into relationships, religious views, political opinions and any other facts which are irrelevant to professional qualifications).
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