While this is a highly complex and nuanced topic, here are a few core examples of the worldwide distinctions in employment legislation and rules.
Know the different background screening scopes and constraints
Vetting an individual’s prior employment status and criminal record are common steps in most screening strategies. However, what is relevant in one jurisdiction, isn’t necessarily the case in another. There are significant differences across the globe as to what information can be requested and held on record (and how long for) on one individual, which may impact criminal background checks in particular.
Here are some examples to note:
- The UK and US have broadly similar rules around background screening, allowing employers to look into criminal history, credit reports and employment history verification, though the level of these does depend on the specific role and sector in question. There are also requirements to ensure that any such screening is not discriminatory in UK and in Europe.
- In Europe, each country has specific rules in terms of criminal checks. The employers not only need to comply with their own regulations but also need to comply with local legislation in terms of data protection and employment. For instance, in some countries, where privacy laws are more robust, personal information requests can be highly restricted and regulated unless pertinent to the job.
HR teams should also be aware that they will need to consider the local data retention rules applicable to the data they hold on their candidates. That means that the information held on workers in one geographical location might not comply with rules in other destinations. European Union General Data Protection Regulation (GDPR), for example, came into force a while ago, and HR teams in the region adjusted their personnel data policies accordingly. However, an EU firm that might be expanding into the US needs to be aware that any information they gather and store on candidates and workers must abide by the Fair Credit Reporting Act (FCRA).
The FCRA works in a different way to GDPR, so processes you might have in place in Europe, won’t cover you under the US Act, which controls the information a business can hold for a job applicant and requires specific notice, disclosure and consent to retain the data.
The length of time that this information can be held also varies from country to country and as per your own industry regulations. For instance, in some countries it may be allowable to carry out a criminal record check, but the certificate may not be held for record keeping purposes for any length of time, whereas in other locations a certificate may be kept for two months form the date of issue.
Global legal nuances
Outside of criminal checks, there is also a wealth of differing legislation around the vetting processes you can and can’t carry out.
A prime example would be the US versus the UK. Across the Atlantic, it is common and often a corporate requirement to carry out drug screening on workers, both new and pre-existing. In the UK and many other European countries, though, there is a lot of sensitivity around this subject. That means that this element of screening can only be carried out for necessary roles as per your own regulations and in accordance with the employment and data protection legislation.
Social media vetting is also viewed differently across jurisdictions. Certain businesses are screening a candidate’s online activity and some countries, such as Japan, have a more open policy around this element of employment checks (within reason, of course). In other destinations, however, this is frowned upon and can be more highly regulated. In most of European countries, running a social media check will be restricted and the employers shall consider whether they have a justification for such checks.
These are just a handful of examples of some of the differences in employment screening and regulation that are currently in place worldwide. Critically, as the world of works continues to evolve, laws and acts are being updated in order to remain relevant. The changes to the UK’s employment compliance landscape, for example, look set to shift in the years ahead under the Government’s Employment Rights Reforms, which makes it important for employers to be abreast of the latest changes.
All of the above can, of course, make it rather complex to implement a consistent and globally compliant employment screening programme, but HR teams will increasingly need to deliver this. Hence, it is crucial that HR teams ensure that they consider local legislation while rolling out a global screening programme with a trusted screening partner on their side.
