Required

Immigration compliance and pre-hire medical examinations.

Permissible

Reference and education checks are permissible.

Required

• Pre-hire medical checks are required pursuant to resolutions issued by the Occupational Risk Superintendence. If an employee does not complete a pre-hire medical check, the employee will be deemed to have begun work in optimal health; therefore, any injuries or diseases that may arise in the future will be deemed to have happened during the employment relationship.
• Criminal record checks are required for foreign employees to obtain a work visa.

Permissible

Where criminal checks are not required for work visa purposes, they are only permissible – and are common in practice – for specific roles (eg, high-level managerial positions). Reference and educational checks are common and permissible, provided applicant consent was previously obtained.

Required

Immigration compliance.

Other checks may be required depending on industry. For example, for most child-related employment, a Working with Children Check is required.

Permissible

Permitted with the applicant's consent and subject to relevant discrimination laws. Offers of employment may be subject to criminal record checks or medical examination if necessary to determine fitness for the inherent requirements of a particular job.

Required

Immigration compliance.

Permissible

Criminal and credit reference checks are only permissible for specific roles (eg, certain finance positions) and subject to proportionality requirements. Reference and education checks are common and permissible with applicant consent.

Required

Foreign employees must receive prior approval from the LMRA and Ministry of Interior before they may be hired on local employment contracts. The level of background checking and screening carried out by Bahrain authorities varies according to the nationality and proposed position of an individual.

Permissible

Generally, employers in Bahrain are not able to obtain the same level of information from background checks as they can in other jurisdictions and, in most cases, the employees themselves are required to provide this information. As such, a Certificate of Good Conduct from the Criminal Investigation Directorate is the most commonly requested document.

Required

Immigration compliance (work permit and/or residence permit).

Permissible

Criminal checks are only permissible under exceptional circumstances for specific roles and subject to proportionality requirements. Reference and education checks are common and permissible.

Required

Immigration compliance, a valid ID and a pre-hire medical examination are required.

Permissible

Background checks for education, prior employment and basic personal information, such as proof of identity and residential address, are accepted in certain circumstances. Criminal checks are limited to certain circumstances.

Required

All employers should verify that individual employees are legally entitled to work in Canada by obtaining the employee's Social Insurance Number (SIN), but only after a conditional offer of employment is made. Certain employers may also require criminal records checks through a Canadian Police Information Check (CPIC). In some industries, a more comprehensive check may be required by law (eg, for persons who work with vulnerable individuals such as children).

Where a criminal record check is required by the employer, the prospective employee may have grounds to claim discrimination if a decision not to hire is based on:

• A conviction of a provincial offense revealed by the check
• A criminal offense for which a pardon has been granted or
• A criminal conviction unrelated to the individual's employment.

Criminal records checks should not be done without the prospective employee's consent and, in any event, it is recommended that a conditional offer of employment be made before a criminal record check is performed.

Permissible

Verifying references, past employment and education is common and permissible, provided that:

• The applicant has consented and
• The employer conducts the verification in a consistent and non-discriminatory manner.

Caution must be exercised in undertaking more detailed background checks to ensure that the scope of the detailed background check is not excessive and that proper consent has been obtained in accordance with applicable privacy laws.

Credit checks are generally permissible when the candidate's credit history is relevant to the position (eg, positions which involve handling money or involve financial decision making). Credit checks must be conducted in accordance with applicable consumer protection legislation, which requires that:

• Consent is obtained from the individual and
• A proper process is followed when the credit check is undertaken.

It is recommended that a conditional offer of employment is made before a credit check is performed.

Required

None. However, an immigration check is recommended to ensure the employee has the right to work legally in Chile.

Permissible

In general, employers are permitted to check education and prior employment records. Employers may check financial history, health, drug/alcohol usage and criminal records in very limited circumstances when such information is directly relevant to the position for which the candidate is considered. No background checks may be based on any status protected by the Chilean anti-discrimination statute, including checks based on union membership or political affiliation. Furthermore, Chilean law expressly forbids conditioning the hiring of an individual based on the absence of the following statuses (a) pregnancy; (b) HIV; (c) cancer; (d) genetic mutations or alterations; and (e) financial debts, except for some specific cases.

Required

Immigration compliance.

Permissible

Reference and education checks are common. There is no restriction on criminal record checks; however, based on the requirements of the Personal Information Protection Law, the employer must obtain the consent of the applicants before obtaining or processing such information.

Required

1. Immigration
2. Education degree or qualification that demonstrates professional, technological, technical or specialist training (applies to regulated professions). Where a candidate completed study abroad, their degree or qualification must be validated by the Ministry of Education.
3. Current professional card or registration in Colombia (if applicable): Colombia has regulated professions which require permits. Regulated professions include engineering, law and accounting, among others.
4. Onboarding medical examination: This certifies the suitability of the candidate to perform their duties for the employer.

Permissible

Pre-employment background checks are permitted, and it is common to use specialized companies for these services (ie, 3rd-party validations of background checks).

Background checks may include educational history and professional qualifications, employment history, consumer credit checks, civil litigation, criminal and fiscal records, OFAC/Global Sanctions Lists, a driver’s license check and passport/ID validation, among others.

On the initiation of the recruitment process, the applicant must grant express written consent to conduct background checks.

Under Colombian law, there are few restrictions on an employer's right to request substantiating documents and to confirm the information provided by the applicant (eg, regarding health conditions, pregnancy, drug use, family situations and political tendency).

Required

Immigration compliance. Entry health check. Where required by law, criminal record check or pregnancy information (eg, where certain work cannot be performed by a pregnant employee).

Permissible

Reference and education checks are common and permissible. Criminal records and credit reference checks may be requested if justified by the specific nature of the work performed and subject to the proportionality principle. Subject to the same conditions, the employer may also request information concerning pregnancy, financial and family affairs of the applicant. 

Required

Employers are responsible for ensuring that all employees have a valid residence and work permit when employing 3rd-country citizens. The responsibility applies to both paid and voluntary work.

Permissible

An employer may ask a potential employee to produce a copy of their criminal record if this is considered necessary and proportionate in relation to the job. Information on a potential employee's health may be requested only if this is of significant importance to the ability to perform the job in question. With regard to educational background and activities, data from the application may, as a rule, be verified by the employer. It is common in Denmark to issue job references. Applicants may be asked to provide contact data of former employers. Credit checks are allowed in relation to  employees in special fiduciary positions and if there is a legitimate purpose for the check.

Required

Under the Employer Sanction Directive and the Finnish Employment Contract Act, employers are required to ensure that non-European Economic Area nationals comply with residency and immigration requirements, or the employer may face fines for non-compliance. Criminal records must be checked when working with children.

Permissible

For tasks other than working with children, credit history and criminal records may be checked only in situations where the law so requires and by following the procedure stipulated in law. Medical checks may be used to check employees' ability to work. Reference and education checks are common and carried out with the applicant's consent.

Required

If the individual to be employed is a foreigner, the employer is required to check the validity of their work permit. Except in some specific cases, employers must set up a preventive and informative medical assessment to take place within 3 months of the commencement of employment, unless the employee has been subject to such visit during the previous 5 years.

Permissible

Pre-hire checks may be permissible subject to data privacy laws and if the information is related to the job position. Reference checks are permissible, provided the applicant is informed. A criminal record check is permissible for specific job positions only (eg, those involving the handling of cash).

Required

Immigration compliance. For certain employment positions (eg, public services, education sector, medical sector and security services), statement of good standing (Führungszeugnis) from the Federal Central Register (Bundeszentralregister).

Permissible

Requiring a credit reference check or a statement of good standing is only permissible for roles justifying interest in such information and is subject to proportionality requirements.

Required

Immigration compliance.

Permissible

Any data collected as a result of pre-hire checks must be necessary and not excessive. In order to comply with the Personal Data (Privacy) Ordinance (PDPO), candidates must be expressly informed of the collection, use and disclosure of any personal data related to them by their employer or prospective employer. Asking a candidate to sign a Personal Information Collection Statement will assist an employer in complying with these obligations. A candidate may be asked to undergo a medical examination, but only after the employer has made them a conditional offer of employment. If criminal checks are carried out, an employer must be careful not to dismiss, exclude or display prejudice against the candidate on the basis of any spent conviction – that is, where a person was previously convicted of an offense for which they were not sentenced to imprisonment for more than 3 months or given a fine of more than HKD10,000, and the person has not been convicted of any other offense for at least 3 years.

Required

Immigration compliance is required. Criminal records are also checked in relation to certain occupations, such as judges, attorneys, public servants and auditors.

Permissible

Apart from the above, a check of criminal records is only allowed if it provides important information with respect to the given position or work to be carried out.

Further checks (eg, education and references) are also permitted, but they may only be carried out if the aim is to obtain important information for the purposes of entering into the employment.

Required

There is no statutory requirement on an employer to carry out pre-hire background checks, except for employment in certain sectors such as mining, where medical checks are mandatory prior to employment. In the case of foreign citizens, the visa stamp or sticker in the employee’s passport will include the name of the employer, and the employer will be required to provide an undertaking to the Foreigners Regional Registration Office (FRRO) on behalf of the employee to register the employee with the FRRO. Therefore, it is advisable for the employer to undertake a basic immigration check at a minimum. In addition, taking into consideration that termination of employment is not simple in India, it is common for employers to verify the professional and educational qualifications of the candidate.

Permissible

Background checks for applicants may be conducted as long as they comply with the fundamental right to privacy, which means that applicant/employee consent should be obtained. The storage, management and handling of sensitive personal data or information in the electronic form belonging to persons located in India is regulated by the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“Sensitive Information Rules”) enacted under the Information Technology Act, 2000. The Government of India recently passed the Digital Personal Data Protection Act, 2023, which seeks to be a comprehensive statute governing the protection of personal data in India and will replace the Sensitive Information Rules. However, this statute is yet to be implemented.

Establishments usually have a pre-hire background check policy in place for new hires. Background screening is generally done for education qualification verification, previous employment status, address verification, criminal background verification, reference verification and applicable database verification.

Required

Indonesian legislation is silent on pre-hire checks. Thus, there are no requirements or prohibitions on background checks for applicants.

Permissible

Yes.

Required

Immigration compliance. Criminal record checks are permissible only in limited circumstances (eg, for those who work with children, with vulnerable adults and in security).

Permissible

Reference and education checks are common and permissible with applicant consent. 

Required

Immigration compliance.

Permissible

Reference and education checks are common and permissible with applicant consent. Other types of checks are subject to restrictions (including restrictions on financial and credit checks) and must be directly related to the position. Criminal background checks are generally prohibited.

Required

Immigration compliance.

Permissible

Criminal and credit reference checks are only permissible for specific roles (eg, certain finance positions) and subject to proportionality requirements. Reference and education checks are common and permissible with applicant consent.

Required

Generally not required.

Permissible

Criminal background checks are not prohibited but are discouraged by the labor authorities. There should be a strong need to justify such checks. In addition, conducting a criminal background check in Japan is difficult because records are not publicly available. Reference and education checks may be completed with consent, but 3rd parties who receive such requests do not always cooperate. Some employers require a health check at hiring, but employers should not conduct HIV testing and gene diagnosis unless there is employee consent and a strong and legitimate reason to do so.

Required

• Education qualification checks and referee follow-up for hires
• Criminal record clearance checks
• A locally registered entity to support the application
• For an entity that already employs foreign expats, whether the ratio of 1:3-7 in favor of Kenyans is being loosely observed.

Permissible

The Department of Immigration Services, in conjunction with both the local and international security agencies, are permitted to conduct background checks on all applicants.

Required

Foreign employees must receive prior approval from the Public Authority for Manpower (PAM) and immigration authorities before they may be hired on local employment contracts. The level of background checking and screening carried out by the Kuwait authorities varies according to the nationality of the individual.

Permissible

Generally, employers in Kuwait may not obtain the same level of information from background checks as they can in other jurisdictions and, in most cases, the employees themselves will be required to provide this information.

Required

Immigration compliance.

Medical check: When recruiting, an employer must ensure that the employee undergoes a medical check with a practitioner of the occupational health service to which the employer is affiliated. The practitioner will decide if the employee's health allows them to fill the position in question. This medical check is compulsory, irrespective of the nature of the work (eg, office, industrial or construction work). In certain cases, the employer must also organize regular medical examinations during employment.

Permissible

Reference and education checks are common and permissible with the applicant's consent provided that they are compliant with data protection and privacy provisions and are linked to the nature of the position. For the purpose of human resources management and recruitment, the employer may request that any applicant provide a criminal record. In all cases, if the employer makes the decision not to hire the job applicant, the criminal record must be immediately destroyed. If the job applicant is hired, the employer will only be entitled to retain the criminal records for 1 month post-hire.

Required

Immigration compliance for foreign nationals.

Permissible

Pre-employment background checks are not regulated, and the practice differs among industries. Employers should obtain the individual's consent if the pre-hire checks require accessing, collecting or processing the individual's personal data to ensure compliance with the Personal Data Protection Act 2010.

Required

Immigration compliance.

Permissible

Under Mexican law, there are few restrictions on an employer's right to request substantiating documents and confirm the information provided by the applicant regarding their education, health condition, finances, drug use, family situation and criminal background. Employers have broad flexibility regarding the questions that may be asked during the application process.

Criminal background checks are permissible; however, only the employees in question themselves can request such information from the corresponding authority. Credit checks are not common in Mexico as there is no specific procedure established by law for employers to obtain credit information. Reference and education checks are common and permissible with applicant consent.

Required

Identity and personal information checks. Immigration compliance. For certain limited occupations (eg, solicitors and chartered accountants), a criminal records check is required. Medical examination to confirm the employee is fit for the job.

Permissible

Education checks. Prior employment checks.

Required

Immigration compliance for foreign employees. Foreign employees must have a valid work permit and a residence permit to work in Mozambique. In general, pre-hire checks are not mandatory but in some areas of activity (eg, mining, oil and gas) prior medical examinations are required. 

Permissible

Reference and education checks are permissible, and candidates may be requested to provide a certificate of criminal records.

Required

None.

Permissible

Employers may request their employees to provide information relating to the execution of an employment contract, such as full name, age, gender, residence address, educational level, occupational skills, and health conditions. Employers may also request a recommendation letter from a local administration office or a previous employer and may request a criminal background check from the relevant township police station when an employee submits an application for employment.

Required

Immigration compliance. For certain professions (eg, judges, lawyers and advocates), an applicant must provide a recent copy of a so-called certificate of conduct (verklaring omtrent gedrag), proving that they have no criminal record that should prevent them from performing their duties. All workers must undergo an identity verification on the basis of an original identity document. A copy of these documents must be maintained by the company.

Permissible

Reference checks are common and permissible with the applicant's consent. Other checks are only permissible in limited situations.

Required: Immigration compliance. Background checks may also be required in some industries, eg, childcare.

Permissible: Criminal and credit reference checks are generally permissible for roles involving significant financial risk but are subject to the candidate's consent. Reference checks are common and are permissible with the candidate's consent.

Immigration compliance

Nationals (and permanent residents) of New Zealand and Australia have the right to work in New Zealand; however, all other immigrants have to apply for the following visas:

• ‘Work to Residence' facilitates the entry of people whose skills are in demand and provides them with a pathway to residence.
• ‘Essential skills' facilitates the entry of people required on a temporary basis to fill shortages where New Zealand citizens or residence class visa holders are not available for the work offered.
• ‘Specific purpose or event' facilitates the entry of people who have demonstrated skills, expertise or attributes that are likely to benefit New Zealand, where there is no risk of negative impact on opportunities for New Zealand citizens or residence class visa holders.
• ‘Students and trainees' facilitates the entry of students and trainees to gain practical work experience or to train as part of their studies.

There are a small number of other special category Visas for specific industries (e.g. horticulture and viticulture, fishing, and religious workers), as well as a family category and humanitarian category of Visa.

Required

Immigration compliance.

Medical examination for manual and clerical workers.

Permissible

Background checks for education, prior employment and basic personal information such as proof of identity and residential address, health checks and credit information are accepted in Nigeria. In practice, the prospective employee’s consent is sought before such checks are carried out.

Required

Immigration compliance. For certain occupations (eg, lawyers or accountants), a certificate of good conduct is required.

Permissible

Criminal check is only permissible for specific occupations where there is legal basis for obtaining a certificate of good conduct.

Reference checks and education checks are permissible with the applicant's consent.

Required

Foreign employees must receive prior approval from the Ministry of Labor and immigration authorities before  they can be hired on local employment contracts. The level of background checking and screening carried out by the authorities varies according to the nationality of the individual.

Permissible

Generally, employers in Oman may not obtain the same level of information from background checks as they can in other jurisdictions, and in most cases, the employees themselves will be required to provide this information.

Recommended

Generally speaking, there are no mandatory pre-hire checks, but immigration checks are highly recommended for foreign employees to ensure that the employee has the right to work legally in Peru.

Required

Specific companies that perform high-risk activities (eg, in the mining industry) must perform occupational medical exams on their candidates.

Permissible

In general, employers are permitted to check candidates’ education and prior employment history. Employers may also conduct (i) financial checks for jobs that involve handling money; (ii) drug or alcohol usage checks, but only if the individual has a job where use of drugs could threaten the safety of others; and (iii) a criminal record affidavit for candidates and criminal records checks after the 1st interview.

Required

There are no regulatory requirements for pre-hire, subject to compliance with immigration laws for employment of foreign expatriates.

Permissible

Philippine labor law leaves it to the management prerogative of employers to provide for pre-hire checks, including but not limited to a National Statistics Office (NSO)-issued birth certificate, a National Bureau of Investigation (NBI) clearance, a transcript of records for educational verification and previous employer references.

Required

Immigration compliance: requirement to obtain a work permit for foreigners originating from non-EU and non-European Economic Area (EEA) countries.  A statutory list of so-called regulated activities to be performed only by persons holding specific licenses or possessing certain types of education and professional experience. Initial medical examinations to confirm that there are no health reasons barring the person's employment in a certain position, although there are certain exceptions – for example, where a medical certificate was issued during a period of previous employment in the same position.

Permissible

Certain limited types of personal data may be requested from the candidate as specified by the Polish Labor Code and other applicable provisions. These include name and surname, date of birth, contact details, education, professional qualifications and work history. The employer may also request that a candidate provide personal data not listed in the Polish Labor Code; however, the processing of additional data requires the candidate’s consent. The employer may collect and process sensitive data such as data revealing racial or ethnic origin, political views, religious or ideological beliefs, trade union membership, genetic data, biometric data to uniquely identify a person and data on health, sexuality or sexual orientation only if a candidate provides this at their own initiative. Information on criminal convictions may be requested only if the obligation to provide this information is required by separate statutory provisions.

Required

Immigration compliance. For certain roles (eg, security guards and employees who work with children), a certificate of criminal record check. Pre-hire medical examinations.

Permissible

Reference and education checks are permissible.

The employer may not request a candidate for employment to provide information related to their private life (including criminal record checks), health condition or pregnancy, unless such information is strictly necessary and relevant to evaluate the person's aptitude for the performance of the employment or when the nature of the professional activity justifies such request, and the reasons for the request are provided, in writing, to the candidate.

Tests and medical examinations (other than the legally required pre-hire medical examinations), including drug tests, may only be requested if aimed at the protection and safety of the employee or 3rd parties, or when the nature of the activity so requires. The employer must inform the employee in writing of the grounds for the request.

Requesting that an employee or applicant submit to a pregnancy test or medical examination is strictly forbidden.

Required

Foreign employees must receive prior approval from the Ministry of Labor and Ministry of Interior before they can be hired on local employment contracts. The level of background checking and screening carried out by the Qatar authorities varies on a number of factors including the nationality of an individual and whether the individual is a local hire or recruited from abroad. Insofar as we are aware, local nationals are not subject to the same level of checks as foreign nationals recruited by a Qatari entity from abroad.

In some cases, (depending on the nature of the role) as part of the work permit/residence visa process, employees will be required to provide an attested copy of their degree/high school certificates to the Ministry of Labor.

Permissible

Generally, employers in Qatar are not able to obtain the same level of information from background checks as they can in other jurisdictions and, in most cases, the employees themselves will be required to provide this information. For example:

• Criminal record: In Qatar, police checks or Certificates of Good Conduct can only be obtained by the individual from the Criminal Evidences and Information Department (CEID). To obtain the Good Conduct Certificate, the individual, if a foreign national, may also be required to obtain police clearance from their home country and provide an attested copy of this policy clearance to the CEID.
• Employment: There is provision in the Labor Law for employers to provide all employees with a certificate of service if requested, so candidates should be asked to verify their employment history.

Required

A request for a medical certificate or check may only be made for the purpose of ascertaining the applicant's ability to perform the work in question, and the cost of the medical check must be met by the employer. Immigration compliance also must be considered where relevant.

Permissible

Reference checks with respect to an applicant's length of employment and work performed for former employers are common and permissible, although the applicant should be informed in advance. Processing any data regarding criminal records is generally prohibited.

Required

Immigration compliance and military compliance (with regard to a person's obligation to serve in the military). In certain situations, a criminal record check.

Permissible

Criminal and credit reference checks are only permissible for specific roles (eg, certain finance positions and educational institutions) and are subject to proportionality requirements. Reference and education checks are common and permissible with the applicant's consent.

Required

Immigration compliance for all non-GCC employees.

Permissible

Criminal and credit reference checks are only permissible for specific roles (eg, certain finance positions) and are subject to proportionality requirements. Reference and education checks are common and permissible.

Required

Immigration checks, to ensure that the relevant work pass required is obtained for the prospective candidate.

Permissible

Offers of employment are often made subject to:

• The prospective candidate having obtained the relevant work pass and the employer satisfying the advertising requirements under the Fair Consideration Framework (FCF) and independently determining that the candidate is the best candidate out of all the applicants;
• Where necessary, the obtaining of satisfactory references; and
• When appropriate, background and criminal record checks.

Employers may also require the prospective candidate to undergo a medical examination and produce evidence of qualifications.

Pre-hiring checks must comply with Singapore's Personal Data Protection Act 2012 (PDPA). Generally, employers are required to at least notify applicants of the purposes for which their personal data is being used in connection with the management and termination of employment, and obtain their consent where collecting, using or disclosing their personal data. However, relevant exceptions to the PDPA notification and consent requirements include where the information is publicly available and where the information collected is for evaluative purposes (eg, for the purposes of evaluating employee suitability for the role) or for investigative purposes. In particular, there is no requirement under the law to ask for personal identification (NRIC) numbers for the purpose of job applications, although the employer would be required to know if an employee is holding an NRIC in order to determine if a work pass is required.

Required

Immigration compliance. Criminal record checks if integrity is taken into account based on the nature of the work or pursuant to special regulations (eg, public services).

A preventive work-related medical examination is required for the assessment of the medical fitness for work of a juvenile employee and certain categories of work.

Permissible

An employer may request that a previously employed person submits references and a certificate of employment. If an individual has not been previously employed, an employer may only request information relevant to the work to be carried out.

Reference and education checks are common and permissible with the candidate's consent.

Required

Immigration compliance.

Permissible

It is permissible to carry out background checks. A criminal record check may only be carried out if the candidate provides a copy of their fingerprints. Furthermore, in terms of the Protection of Personal Information Act, 2013 (POPIA), which came into effect on July 1, 2020, consent is required to conduct a criminal record check.

The National Credit Act, 2005 prohibits the release of credit reports "unless directed by the instructions of the consumer." Furthermore, the purposes for which credit reports may be used are limited in that they should only be used for considering a candidate for employment in a position that requires trust and honesty and entails the handling of cash or finances. It also provides that the consent of the consumer should be obtained prior to requesting the credit report for this purpose.

A medical check requires the consent of the individual.

While consent is not required to conduct other checks such as a check on qualifications, references and employment history, it is advisable to obtain consent. Furthermore, in terms of POPIA the applicant should be notified about the background checks that will be carried out.

Required

Immigration checks are generally required.

Permissible

Under the Personal Information Protection Act (PIPA), to conduct background checks that go beyond the scope generally required to enter into an employment agreement, consent must be obtained from the applicant. Separate consent must be obtained if sensitive information, such as an employee's health information or criminal records, are to be checked. 

Required

Immigration compliance. Employers generally are not authorized to request criminal records.

Permissible

Reference and education checks are permissible with the applicant’s consent only. Most companies and institutions prefer to deliver the information directly to the applicant so that they may supply it to the potential new employer directly and personally.

Required

No pre-hire checks required in general other than right to work checks for non-EU/EEA citizens.

Permissible

References and education checks are common and permissible with applicant consent. Employers may ask for criminal records, and for specific roles (eg, childcare positions), it is required. Note, however, that criminal records for the purpose of pre-hire checks normally may not be processed due to data privacy restrictions meaning that when employer has reviewed the excerpt from the police provided by the candidate, it should be returned to the candidate or destroyed.

Required

Immigration compliance. Criminal and credit reference checks for specific roles (eg, attorneys-at-law, bank executives).

Permissible

Criminal and credit reference checks are only permissible if they are relevant to the proposed work and are subject to proportionality requirements. Reference and education checks are common and permissible with the applicant's consent.

Required

Work permit and residency compliance.

Permissible

Non-criminal record certificates, reference and education checks are permissible with applicant consent, although some restrictions apply.

Required

Visa and work permit compliance. Age of the employee; the employee must not be younger than 15.

Permissible

The use, publication or distribution of any information obtained requires consent from the candidate who has given such information. If the information is regarded as “personal data” under the Personal Data Protection Act B.E. 2562 (2019) (PDPA), the employer who collects, uses and/or discloses such information must notify the employee of the purposes of such collection, use and/or disclosure and obtain such employee’s consent.

A candidate may be asked to undergo a medical examination, but this should only be after the employer has made a conditional offer of employment to a selected candidate.

If criminal or education checks are carried out or employer references are sought, the candidate's consent should be obtained.

An employee’s medical examination qualifies as “sensitive personal data” under the PDPA. Therefore, the explicit consent of the candidate should be obtained prior to the employer processing such information. This also applies to criminal checks as criminal records are also considered sensitive personal data.

Required

All companies must conduct a medical examination of their employees at the time of hiring and provide periodic medical check-ups

However, a medical examination is not required for adolescents under 18 years of age in certain non-industrial jobs which are excluded by decree.

Permissible

Employers may ask employees to provide information relating to criminal records, subject to the prior consent of the employee. In some sectors, the employee does not have the right to refuse the presentation of their criminal record (for example, in the sectors of education, security and banking). There are no legal requirements or restrictions on education checks or reference checks. In principle, the resume contains the necessary education and work-related information, and the employer can request a copy of any diplomas or certificates of work or internship.

Required

None.

Permissible

Pre-hire checks (eg, criminal and credit reference or reference and education checks) are only permissible with the applicant's consent. Depending on the position of the employee, pre-hire checks are common.

Required

Immigration compliance for all non-nationals.

Permissible

Criminal and credit reference checks are permissible. Reference and education checks and medical examinations are common and permissible.

Required

For non-Ukrainian citizens, employers must check for compliance with immigration requirements and obtain work permits unless either the employer or employee falls under a special category, as discussed in the “Immigration” section below.

Employees must provide a valid ID and – except for in the case of first-time employment – their labor book (if any; currently, it is an optional document) or information on labor activity from the register of insured persons of the State Register of Compulsory State Social Insurance. On a case-by-case basis, employers may request employees to provide documents confirming, for example, education (ie, specialty or qualification), health status to confirm compliance with requirements established for a specific profession, position or the work performed, as well as a relevant military registration document (where relevant).

Permissible

An employer cannot require candidates or employees to provide additional documents or information not specifically required by law as a condition precedent to the employment. The ability to conduct any pre-hire or post-hire checks is very limited by labor and personal data protection laws. In most cases, checks not expressly required by law are possible only with written consent.

Required

Foreign employees must receive prior approval from the Ministry of Human Resources and Emiratisation or relevant authority. (MOHRE – formerly, the Ministry of Labor) or relevant free zone authority and the immigration authorities before they may be hired on local employment contracts. The level of background checking and screening carried out by the UAE authorities varies according to the nationality of an individual. As part of this approval process, employers registered with MOHRE are required to submit a completed offer letter, signed by both parties, using MOHRE's standard form offer letter, as well as a bilingual MOHRE standard form employment contract. The terms of the employee's employment contract cannot differ from the terms of the offer letter.

Employers operating in most free zones may be required to enter into a bilingual standard form free zone employment contract with the employee which will then need to be filed with the relevant free zone authority. Some of the free zones allow employers to submit their own employment contract rather than the form prescribed by the free zone authority.

Permissible

Generally, employers in the UAE are not able to obtain the same level of information from background checks as they can in other jurisdictions, and in most cases, the employees themselves will be required to provide this information.

Required

Immigration compliance. For certain limited occupations (eg, solicitors, chartered accountants, certain roles working with children or vulnerable adults), a criminal records check.

Permissible

Criminal and credit reference checks are only permissible for specific roles (eg, certain finance positions) and are subject to proportionality requirements. Reference and education checks are common and permissible with applicant consent.

Required

None, except in certain regulated industries which may require fingerprinting, background checks, motor vehicle histories and/or drug or alcohol screening.

Permissible

Laws vary from state to state. Reference and education checks are common. Criminal background and credit checks generally may be performed in accordance with applicable federal, state and local law, with an increasing number of state and local jurisdictions limiting criminal history questions on applications and permitting such checks only following a conditional job offer. Medical examinations and drug and alcohol screening are generally permissible if conducted post-offer and in accordance with applicable law; however, as more states legalize recreational marijuana use, the laws are becoming more difficult to navigate. Some states and localities prohibit employers from screening new hires for marijuana or refusing to hire applicants based on a failed pre-employment marijuana screen (with exceptions for certain positions such as safety-sensitive jobs) or require employers to take certain steps before rescinding a conditional job offer.

Required

None. However, foreign employees are required to have a labor (TR-L) visa in order to work in Venezuela. Therefore, an immigration check is recommended.

Permissible

Employers are entitled to use any information about an applicant that is in the public domain, including information available on social media, for verification purposes. Employers may also conduct background checks covering a candidate’s education, family and other information at any stage of the hiring process. This includes asking candidates directly for references or contacting previous employers to check references. Information collected must be relevant to the position being applied for.

Employers should avoid collection of information that may be considered offensive or discriminatory. Protected characteristics from discrimination include sex, race, religion, marital status, pregnancy, political beliefs, sexual preferences, social class, union affiliation, physical disability or criminal background.

Specifically, requiring criminal records or a criminal background certificate from candidates and requiring female applicants to undergo medical tests to determine pregnancy are prohibited. HIV testing is permissible when the position applied for involves matters of public health.

Required

Generally, before hiring foreign employees to work in Vietnam, employers must obtain prior written approval from the provincial People’s Committee through the Department of Labor, Invalids and Social Affairs (DOLISA).

Possessing a valid work permit issued by the provincial labor authorities is a compulsory condition for foreign citizens to work in Vietnam, except where an exemption applies. In order for such an exemption to apply, an application with the provincial DOLISA or the Ministry of Labor, Invalids and Social Affairs (MOLISA) must be filed for confirmation. Moreover, in some situations, such as those involving foreigners who are married to Vietnamese and reside in Vietnam, no confirmation from DOLISA is necessary, but notification is still required.

Legal sanctions for the employer of a foreign citizen without a work permit include fines. A foreign citizen working in Vietnam without a work permit risks deportation and fines. See the “Immigration” section for further details.

Permissible

Employers may request their employees to provide information relating to the execution of an employment contract, such as full name, age, gender, residence address, education level, occupational skills and health conditions.

There are no regulations on obligatory pre-hire checks, including pre-hire reference checks, pre-hire criminal checks or pre-hire credit checks, in the Labor Code 2019. However, specific regulations exist in more heavily regulated fields, such as aviation, security and medicine. Questions about an applicant's past, health and criminal record are generally permissible in Vietnam.