But a criminal check is just one of the many things employers are looking for today. Here are some of the other ways employers snoop:. As many Reddit users commented, what employers look for in a background check and how extensively they do so depends on the job. Some examples:. Similarly, higher-level jobs or positions that require specialized training often necessitate a more thorough screening.
For instance, a hospital may confirm that a doctor has received certification in their specialty. On average, background checks take between 24 and 72 business hours to complete, according to a March report from CareerBuilder. But as the Reddit thread showed, there are many reasons why a check can take well over a week. A common misconception, according to background screening firm HireRight , is that background checks are performed through a single, central database. Reddit users noted that this is sometimes true for simple, rudimentary screenings, but more thorough ones will require going through multiple sources for information.
In particular, how to access criminal records varies from state to state and even county to county in some states. As a result, an employer or the background check service it hires may have to go to a courthouse to complete this part of the process, potentially making the process take longer. People who perform background checks are used to dead ends like these.
Same goes for schools. Colleges that go defunct are required to make student records accessible, another user said, and will often allocate funds for another institution to maintain them. Something few people realize: Job applicants should be aware of what comes up when their name or email is put into a search engine. Also read: Job applicants are ruining their chances by doing this during the interview.
That said, employers may want to think twice about including these results in a background screening. But doing this is a huge risk.
The potential repercussions of lying in the application process are obvious, though. At best, it slows down the hiring process, and at worst it can cost an applicant the job.
Do you have a criminal record? And the EEOC says that a criminal record alone is not reason enough to withhold employment: Employers must consider what crime was committed, how long ago it occurred, whether the sentence was completed and whether it relates to the nature of the job. Indirect discrimination occurs where an apparently neutral provision or method applies standard to everybody but results in people with the abovementioned characteristics being put at a disadvantage eg, an employer failing to allow time off for religious holidays.
The prohibition against discrimination covers all stages of the recruitment and selection process, including:. Notwithstanding the lack of laws on recruitment, some general recruitment guidelines are in place eg, candidates must be treated equally and information supplied by candidates must be treated confidentially and with care. Job advertisements may specify only requirements that are necessary to carry out the work involved. Only gender-neutral words may be used in advertisements.
How do I apply for a certificate of conduct (VOG)? | agorjusro.gq
If age limits are specified, the grounds for these must be clearly stated. What can employers do with regard to background checks and inquiries in relation to the following:. Employers can ask the potential employee for a certificate of conduct. This is a document in which the state secretary for security and justice declares that the applicant has committed no criminal offences that are relevant to the performance of his or her duties. However, this is allowed only for certain functions and positions.
These rules also relate to the wording of recruitment campaigns and psychological and medical assessments, among other things. The rules on this are governed by the Medical Examinations Act. The employer can ask the potential employee for a medical record.
However, this is allowed only under certain conditions. The nature, content and scope of the examination must be limited to the purpose for which it is performed. If the potential employee is an immigrant, he or she must submit his or her relevant immigration information eg, a residence and work permit. This is not regulated as such, although it is advisable to use social media in moderation in terms of background checks, given the limited value of social media postings.
The statutory minimum wage is reviewed twice a year, on 1 January and 1 July. On 1 July the age for minimum wage will become 21, with underlying wages for ages 18 to 20 going up.
Working hours are codified in the Working Hours Act. Weekly working time including overtime may not exceed 48 hours on average over a week reference period and 55 hours on average over a four-week reference period. Different arrangements are possible by collective agreement or an agreement with the company works council, if no collective agreement applies , but are subject to absolute limits of 60 hours a week and 12 hours a day. There are also specific restrictions on night shifts. After a working day, employees are entitled to a rest period of no fewer than 11 hours.
If required by the nature of the work or company circumstances, this resting period may be shortened to eight hours once every seven days.
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After every working week the employee is entitled to a rest period of no fewer than 36 consecutive hours. Other rules apply if there is a shorter resting period, though the minimum rest is never shortened over a longer period. An employee can work only up to five-and-a-half hours before he or she is entitled to a break of at least 30 minutes it can also be split into two breaks of 15 minutes. An employee who works more than 10 hours is entitled to a minute break.
As with the working hours, there is a possibility to make different arrangements in a collective agreement. There is no specific Dutch act on overtime. The rules on overtime are mostly included in collective or individual agreements. All employees have a statutory paid annual leave entitlement of four times their weekly working days or hours eg, 20 days for a five-day week.
Many collective agreements provide for five weeks or more of annual leave. Since the Artificial Constructions Act has come into force on 1 January , it is, in principle, prohibited for employers to deduct any other costs from the minimum wage than those mentioned above. The employee is always entitled to at least the statutory minimum wage. The employer must provide the employee with a payslip for every payment made to him or her, including tax-exempt reimbursements.
Further, the employer must give an annual statement at the end of each year which states the total wage the employee has earned, as well as the total amount of social security and tax that the employer has withheld. Under the Dutch Equal Treatment Act, discrimination on the grounds of religion, personal beliefs, political opinion, race, sex, nationality, illness and civil status is explicitly prohibited, except for situations which are explicitly set out in law.
Indirect discrimination which occurs when a neutral policy results in discrimination based on one of these grounds is also prohibited, unless it can be justified by a legitimate aim and is proportionate to achieve that aim. Distinction on the grounds of age is prohibited unless there is a justification for making this distinction. This is deemed to be the case if the distinction is based on statutory arrangements intended to enhance the labour participation of certain age groups and where it relates to termination of employment on reaching the statutory retirement age.
Aside from these circumstances, distinction on the basis of age is permitted only if there is a specific justification for doing so. For this, a company must have a legitimate purpose for making the distinction which fulfils an actual need of the company and must do so with no aim to discriminate.
International Background Screening – Privacy and Data Protection Laws:
Discrimination is prohibited on the grounds of race, skin colour, nationality or ethnic origin. The prohibition against discrimination on the grounds of race does not apply:. Discrimination on grounds of disability or chronic illness is in general prohibited. However, it can be permitted where:. Employers of people with disabilities or a chronic illness must take measures according to the needs of the specific employee. Discrimination on the grounds of gender men, women and transsexual and pregnancy or childbirth and maternity is in general prohibited. However, it can be permitted where the position:.
Discrimination based on sexual orientation is permitted only if this is objectively justified by a legitimate aim and the means used to achieve that aim are appropriate and necessary.
An institution founded on religious principles may impose requirements which, having regard to the institution's purpose, are necessary for the fulfilment of the duties attached to a position. This could mean that the prohibition against discrimination on the grounds of religion does not apply to the legal relationships within religious communities.
Also, an educational establishment founded on religious or ideological principles may impose requirements in relation to a position which, in view of the institution's purpose, are necessary to comply with its principles. Such requirements may not lead to discrimination on the sole grounds of political opinion, race, sex, nationality, sexual orientation or civil status. Harassment is defined as any conduct related to any of the statutory grounds that has the purpose or effect of undermining the dignity of a person and creating a threatening, hostile, degrading, humiliating or offensive environment.
Harassment of employees is prohibited in the workplace and during the course of employment and is considered discrimination by the employer. Employers must actively prevent harassment among their employees. This may lead to the requirement to the dismissal of a harassing employee.
New rules set for foreign nationals’ criminal background statements
On 1 July the House for Whistleblowers Act came into force. The act extends legal protection to whistleblowers and creates an authoritative body, the House for Whistleblowers, which advises on and conducts inquiries into deemed social abuse. Employers are responsible for the accuracy of data held. The data must be adequate, relevant and not excessive in light of the purpose for which it is processed.
Adequate technical and organisational measures must be taken in order to protect personal data against loss or unlawful processing. As a result, there will is the same privacy legislation within the entire European Union. It has also provided stricter regulations on the export of personal data outside the European Union.
Employers must inform employees about the purposes for which their personal data is collected. Employees must be given the opportunity to access their data and, if need be, to correct, supplement or delete their data. They are entitled to request information on data held and may object to specific uses of their data. Personal data may not be kept longer than necessary for the completion of the purpose for which it is subsequently used.
However, the courts tend to recognise that personal misuse of email carries the added risk for companies of computer viruses spreading. Also, internet use by employees can be monitored without employee consent, as long as it cannot be traced back to individual visits.
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