"parent": "3381", "id": "3397", "title": "Complex & High Value Transactions", "title": "Commercial Agreements", Paul is an employment solicitor equally comfortable advising businesses and employees. This article has been written and reviewed for legal accuracy, clarity, and style byFindLaws team of legal writers and attorneysand in accordance withour editorial standards. , WebThe Equality Act 2010 protects people in employment from discrimination, victimisation, harassment or any other detriment because of any of the following protected characteristics disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, sexual orientation, sex, and age. "title": "People", "url": "/latest/videos", Acts or Laws Behind Recruitment & Selection } Prior to and during the hiring process, prospective employees enjoy a number of rights under the law, including anti-discrimination laws and the law of contracts. "title": "Restrictive Covenant & Team Move Disputes", "id": "3402", , Carrying out of the investigations that on harassment and the discrimination of the complaints, preparation of the reports on the findings. "id": "3362", Promulgated in 1993 to make provision for: The health and safety of people at work and "url": "https://www.girlings.com/personal-law/dispute-resolution/contested-wills-estates" } "id": "431", You may ask applicants to volunteer racial information -- when it is not seen by the individual or office involved in the hiring decision. o Black employees (Africans, Coloureds, Indians) Prohibits pre-employment medical inquiries and examinations. "parent": "3382", (Das, 2006) Under the Canadian legislation and the Ontario jurisdiction, in case an employee shows the symptoms of substance and drug abuse, then the employer is not justified to terminate the employees services but instead the employer should follow the right procedure that requires the affected employee to undergo the rehabilitation treatment under the services of a drug specialist, if the employ successfully undergoes the rehabilitation process but late on succumbs to the same problem due to the high risk factor relapse that is associated with the alcohol, then the employer is still not justified to terminate the employees services but give him a chance under the restricted work condition whereby if the affected employee cannot be reformed further then the employer is justified to terminate the services under the legislations on the grounds of the undue hardship. Laws You can then find the minimum pay rates, penalties and allowances that apply using our Pay and Conditions Tool. To export a reference to this article please select a referencing stye below: Canada's legal system is based on a combination of common law and civil law. What is your maiden name? At this time, the manager and/or the HRM look at the job description for the job opening (assuming it isnt a new job). } "title": "Redundancy & Unfair Dismissal", "id": "3411", { { In addition to purely legal risks there may be other ramifications of the discovery of discriminatory practices in recruitment, such as additional HR disputes and grievances from other employees/ applicants, adverse publicity and reputational harm. { A job applicant is not required to disclose to an employer any criminal convictions which have been spent. , "parent": "3382", "parent": "3361", A job specification should set out genuine requirements for a role and avoid using wording which could be deemed discriminatory. "parent": "3389", The email address cannot be subscribed. "title": "Drafting Contracts, Bonus Plans & Policies", } It provides guidance in conducting the proactive and the targeted recruitment drives. "parent": "3352", , ] Since 1994, the employment laws are underpinned by the principles of a non- "url": "https://www.girlings.com/business-law/dispute-resolution", "title": "Court of Protection", "parent": "3373", "id": "3374", Contact a qualified employment attorney to make sure your rights are protected. May Not Ask: When you're hiring, you want to interview the best applicants out there. "title": "Employee Terminations & Severance Negotiations", { has provided protection for job applicants as though they were employees (when treated Please try again. funding education and training as envisaged in the Skills Development Act. What professional organizations do you belong to? , Hiring employees "parent": "3397", For UK GDPR purposes, employers are required to inform applicants of how the information they have provided throughout the recruitment process will be used and stored. "id": "3428", Africa, with an influence on Recruitment and Selection, Basic Conditions of Employment Act (BCEA), Occupational Health and Safety Act (OHSA), Compensation for Occupational Injuries and Diseases Act (COIDA), South African Qualifications Authority Act (SAQA Act). { Requires employers to ensure applicants are legally employable in the United States. "parent": "3352", "title": "Girlings Personal Injury Claims", { One of the most important parts of HRM is to know and apply the law in ] "url": "https://www.girlings.com/personal-law/wills-tax-estates/powers-attorney" } { } "title": "Pre & Post Nuptial Agreements", The BCEA also imposes certain administrative obligations on employers including: Giving { which particulars of employment must be kept for four years after the end of the contract "title": "Contested Wills & Estates", "parent": "3408", ] This should remain the case even when an interview takes place virtually with recording facilities. Published: 12 Apr, 2022 Recruitment Employment law Essential points To avoid discrimination in recruitment when advertising for posts and interviewing job candidates, organisations should not ask questions about a candidates age, or their health or disabilities, except where these are necessary for reasonable adjustments to be made. , Before relying on this commentary please read the Reliance on information posted section in our Terms of Website Use in our Legal section. WebIn respect to the recruiting function, the GDPR refers to: Candidates or data subjects. Candidates are the data subjects because they can be identified through personal data they give to companies. Nations. The Act prevents employers from discriminating against employees and job applicants on the basis of protected characteristics. Part of. Have you ever received worker's compensation? You may not ask applicants to supply a photo in the application process. May Ask: "url": "https://www.girlings.com/business-law/employment-law/transactional-support" discrimination based on the race, gender, religion, age, culture, sexual orientation, "id": "3436", Legislation Affecting Recruitment and Selection } "parent": "3381", WebWhich of the following laws do NOT r egulate recruitment and selection within an organization? "id": "3367", , } WebWhat are the four legal means that affect employment practices in recruitment and selection? It advices on the disability matters that relate to the performance and the attendance management. Are you a citizen of a country other than the United States? "title": "Buying & Selling Property", Immigration Reform and Control Act (IRCA) WebEnsuring that all employees involved in recruitment, hiring and promotion decisions understand their responsibilities may help prevent discrimination. "url": "https://www.girlings.com/business-law/employment-law/investigations" , , Before you proceed with recruiting, be sure you are familiar with these regulations: Age Discrimination in Employment Act "url": "https://www.girlings.com/personal-law/dispute-resolution", "parent": "423", "children": [ Do you have a disability? , "title": "Family Law", Matters regarding discrimination are also addressed in the EEA. "title": "Shareholder & Directorship Disputes", "children": [ } ABSTRACT Let us begin with the question: What is in fact 'economic loss' for which a party, individual or a company, is liable under law? Have you ever been treated for alcoholism or mental health problems? "children": [ Meeting with a lawyer can help you understand your options and how to best protect your rights. "id": "3417", The laws help to ensure fair and open competition, recruitment from all segments of society, and selection on the basis of the applicants competencies or knowledge, skills, and abilities. 2022 University of Illinois Board of Trustees. Carl advises businesses, partners and senior executives on all areas of employment law and Employment Tribunal litigation. "title": "Dispute Resolution for Businesses", , "id": "3387", } } How many days were you sick last year? "id": "3358", WebHow does human rights legislation constrain recruiting and selection practices? "url": "https://www.girlings.com/personal-law/employment-law/grievances-disciplinaries" WebA key risk from an employment law perspective in relation to recruitment and the selection of candidates is being faced with a discrimination claim. "url": "https://www.girlings.com/business-law/employment-law/contracts-bonuses-policies" } The legislations on recruitment and selection processes at a non-unionized workplace influences the labor market, the collective bargain on the health policies, it promotes the rights and the responsibilities of the employers, the employees and the government which is responsible for the regulation and promotion of the of workplace safety and health status with respect to the evolving economic and social factors. Stay up-to-date with how the law affects your life. Recruitment and selection "parent": "423", BASIC CONDITIONS OF EMPLOYMENT ACT (BCEA). , , The Constitution (Bill of Rights) Labour Relations Act (LRA) Basic Conditions of Employment Act (BCEA) Employment Equity Act (EEA) "id": "3395", , Employers must pay this levy to the Commissioner for the South African Revenue Service. "title": "Residential Property", These steps include: During the hiring process, employers should avoid making promises to a prospective or new employee, as any false statements or false promises may result in a breach of contract under the law. } An employer has an obligation to carry out "right to work" checks on all prospective employees. "children": [ Become Premium to read the whole document. You should not treat any information in this essay as being authoritative. introduces a levy equivalent to 1% (one percent) of employers payroll per month. WebDiscrimination. "parent": "3424", For example, using terms such as dynamic and youthful prima facie discriminate against older applicants. "url": "https://www.girlings.com/business-law/employment-law/redundancies-restructuring" How well do you speak English? Tell me all the clubs you belong to. For further advice on the law surrounding recruitment or any other Employment Law issue, please contact a member of our Employment Law team. "id": "3364", , , } , } "url": "https://www.girlings.com/charity-not-for-profit/legacies", } { *You can also browse our support articles here >. "url": "https://www.girlings.com/business-law/commercial-property/agricultural-land" WebRecruitment. Implement a strong EEO policy that is embraced at the top levels of the organization. { Recruitment and selection. Provision of advice to the management concerning the levels of organizational recruitment approaches and the selection strategies. "parent": "3397", "url": "https://www.girlings.com/personal-law/residential-property/lease-extensions" Fair discrimination entails ruling out candidates that are "parent": "3416", "url": "https://www.girlings.com/business-law/commercial-property/secured-lending" Major types of legislation that affect recruitment and selection in a non-unionized workplace in Ontario (Canada). "parent": "3382", "url": "https://www.girlings.com/business-law/commercial-law/ip-social-media-marketing" "title": "Charity & Not-for-Profit", "id": "3408", WebTo work out the right pay when hiring a new employee, you need to decide on the persons employment status whether they will be a full-time, part-time or casual employee. In addition, employers should be aware of the risks of searching for applicants on social media, given that information relating to a protected characteristic may well be identified on an applicants profile. { Such a policy is likely to assist employers in maintaining a consistent approach to recruiting, limit the scope for discriminatory practices and be good evidence that the employer has taken reasonable steps to avoid discrimination. Laws The act provides the employment advice in addition to the legislative rights and the compliance especially with the matters relating to unionized and the non-unionized workplaces. WebCompetitive Service Competitive service positions are subject to the civil service laws passed by Congress. Use of tests and other selection procedures can also violate the federal anti-discrimination laws if they disproportionately exclude people in a particular group by race, sex, or another covered basis, unless the employer can } } "url": "https://www.girlings.com/business-law/dispute-resolution/landlord-tenant" } { Subscribe to our mailing list to receive updates on legal developments, events and Firm news. In some cases, monies may be paid directly to the particular SETA. activities at work is partially or totally disabled or contracts an occupational disease. } Assignment 3 BUS2022S - Goal setting- and motivation/performance theories. , "children": [ "title": "Trusts", "parent": "3436", } Recruitment "url": "https://www.girlings.com/personal-law/residential-property/first-time-buyers" } "url": "https://www.girlings.com/business-law/dispute-resolution/professional-negligence" This act was made law in Ontario so as to narrow the wage difference between womens and mens wages. Recruitment Legislation "id": "47639", "parent": "3389", ] "id": "3381", WebLearn the top 7 recruitment legislation and acts every recruitment professional must know. Web1. { "parent": "3389", { , "parent": "3405", "url": "https://www.girlings.com/charity-not-for-profit/property-charities", Making reasonable adjustments: Employers should not ask a job applicant about their health prior to offering a job. "url": "https://www.girlings.com/people", Prohibits discrimination against persons 40 years of age and over. "children": [ { "title": "Investment Properties", Provides for freedom from discrimination because of race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental handicap, military status, or unfavorable military discharge, in connection with employment. These include common (If job related). unsuited for a position, based purely on those specific inherent requirements needed in "id": "47640", "url": "https://www.girlings.com/business-law/commercial-law/agreements" } To help the non unionized organizations to achieve their future goals and the objectives, this act has the following objectives. What are the ages of your children? Other sources of law also govern the employer-employee relationship, and have over time other acts in South Africa. } } ] [ { Pregnancy Discrimination Act of 1978 References There is no legal requirement for an employer to provide a reference for an ex-employee. However, if a BFOQ does not exist, they may be guilty of asking discriminatory questions. "title": "Data Protection", "parent": "3373", May Ask: { This is used We would like to keep you informed with updates on legal developments, event invitations and Firm news by email, post, SMS/text and phone. "title": "Governance & Commercial Advice", Equal Pay Act Employers must abide by anti-discrimination laws at each stage of the hiring process, from placing a job ad, to interviewing, to the final selection of the candidate to be hired. , The Equality Act (2010) Protects job seekers from discrimination based on a wide range of subjects during every step of the recruitment process. Prohibits discrimination based on sex in the payment of wages or benefits when men and women perform work requiring similar skills, effort, and responsibility for the same employer under similar working conditions. } "url": "https://www.girlings.com/personal-law/wills-tax-estates/tax" View examples of our professional work here. With respect to recruitment and selection, what legislation has precedence over all other legislation? "children": [ "title": "Domestic Abuse", If such information is subsequently used to make recruitment decisions, this may well amount to discrimination. "title": "Legacies", , ] { employment equity targets are required to be met. "url": "https://www.girlings.com/business-law/commercial-property/buying-selling" WebRecruitment Recruitment must be fair in business and provide all applicants with a fair chance at getting a job role. "parent": "3357", "id": "3378", An employer may provide a bad reference, suggesting that an applicant is not suitable for a role, if the reference is fair and accurate. "parent": "3397", { But, recruitment discrimination is still a real issue. order to perform a particular task or functional role effectively. Recruitment WebLearning Objective Explain the Immigration Reform and Control Act (IRCA), Patriot Act, and equal employment opportunity (EEO) laws and how they relate to recruiting. } { "title": "Finances", { "id": "3365", , "title": "Employees, Volunteers & Trustees", "parent": "429", "parent": -1, "id": "3356", For information regarding a specific legal issue affecting you, pleasecontact an attorney in your area. "url": "https://www.girlings.com/contact", An example of where having a particular protected characteristic is a genuine occupational requirement, is the Catholic Church requiring that an applicant applying for the role of a priest is Catholic. An employer may discriminate on some bases if a "bona fide occupational qualification" (BFOQ) exists -- when the trait in question is a valid and necessary job requirement. "parent": "430", What are the ages of your children? { enforcing basic conditions of employment. The principle of the human rights ensures that diversity and equity are reflected in the corporate policies, the procedures and the codes of practice. Advertising a job and candidate selection. { May Not Ask: refers to unfair treatment of an individual or group on grounds of their gender, race or "url": "https://www.girlings.com/personal-law/family-law/children" the employee written particulars of employment when the employee starts employment, "parent": "3389", In the public sector, other rules derive from the federal and state constitutions. "url": "https://www.girlings.com/business-law/dispute-resolution/insolvency-winding-up" "children": [ "id": "3437", 2. , "url": "https://www.girlings.com/personal-law/court-protection/elderly-vulnerable-care" "parent": "3382", "id": "3407", , "title": "Personal Law", { WebSpecific Employment laws and legislation impacting the Employer-Employeerelationship in South. For example, their resumes may include their names, physical addresses or phone numbers. "id": "3413", "title": "Transactional Support Including TUPE", CAPS Intermediate Phase LIFE Skills GR 4-6, Introductory Computer Practice N4 Study Guide, LEV3701 Multiple Choice Questions With Answers (Set 1), Inc 76pages - Inc3701 study guide bachelor of education unisa. "id": "3380", , { , Want to read more? Training. "url": "https://www.girlings.com/business-law", "url": "https://www.girlings.com/business-law/employment-law/hr-advice-training" State and local laws may specify additional protected classes based on factors such as the marital status of a job applicant. } "id": "3414", Legal Rights During the Hiring Process - FindLaw { "parent": "3389", } This reduces the risk that a decision has been made (or argued to have been made) based on one persons view of the applicant.
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