Recruitment compliance refers to how an organisation attracts, selects, and appoints qualified candidates for open positions while adhering to corporate regulations, best practices, and local legislation. With the modern workplace rapidly evolving due to the impact of COVID-19, businesses must remain updated on relevant labour laws or risk facing sanctions and financial penalties that can be detrimental.
There are many restrictions governing business in the recruiting industry. Recruiters must manage both employment legislation and technological compliance such as data security, integration security, privacy regulations, scoring & weighting, candidate background checks, and applicant assessment, to name a few.
The recruitment process can be costly, time-consuming, and quite frankly, easily overwhelming to many as it can raise potential difficulties if not done correctly. That is why we have taken the time to consolidate all the essential factors and break them down into four conditions HR experts must fulfil to recruit compliantly.
1. Accurate Job Descriptions and Targeted Advertising
Eliminate any wording in your job specification or advertisement that implies the job is exclusive to certain applicants based on colour, gender identity, national origin, or those with disabilities. Ensure that your job posts do not imply any form of discrimination to avoid accusations that might scar your company’s reputation.
Example: Looking for “Chinese Sales Rep” vs “Mandarin-speaking Sales Rep”.
Similarly, your advertising must demonstrate that you make an effort to hire from various sources. Identify who are your targets and consider the following:
- Marketing media placement: what and where are you listing the job (internet and/or print)
- Description wordings: specific terms and words may cause different reactions
- Be sensitive: check for divisive or exclusionary language
2. Inclusive Interviews and Assessments
As an interviewer, you should begin with some incisive-yet-neutral opening questions and then go further with follow-up questions based on their answers. The first questions you ask a candidate are on your application form; double-check that you are not asking for something that would mistakenly reject a group of people. There are some issues that employers must avoid, like diving into someone else’s age, sexual orientation, relationship or pregnancy status, disability, race or religion.
Example: Asking a female candidate if she plans to have children in the future, but not a male candidate.
It is pretty tough to defend without coming across as discriminatory. Similarly, any evaluation tests or exams must not give one group of applicants an undue advantage over another.
3. Thorough Understanding of Data Protection and Legislation
Furthermore, as a business, you must recognise that you are liable for compliance and accountability; the corporation must verify conformity with local labour regulations. It is also crucial to remember that your business is responsible for anyone with whom it does business, which means that if contractors break the law, your firm will still be held accountable.
4. Produce Fair Contracts
Negotiate the terms and explicitly state the sort of contract offered—permanent, freelance, part-time, or fixed term. Outline what the recruit will receive in detail, including any benefits package, pension contribution scheme, holiday allowance, and advantages specific to the company or role. Also, explicitly spell out key facts such as the full details of the company policy on sickness, absence, and other issues relevant to the firm, such as flexible working or unsociable hours.
Trace the steps and information needed to move the application forward, and verify that all necessary paperwork is received, including documents such as a valid passport or visa. Have your contracts reviewed by a compliance-savvy lawyer who specialises in labour law to assure successful candidates receive fair treatment once they have joined the team.
There is No Shortcut to Compliance
In a competitive climate, HR professionals will consider recruiting compliance one of the most challenging obstacles to overcome. Failure to adhere to these principles could land companies on severe consequences, including hefty fines, litigation, and often irreversible reputational damage.
As more hybrid workspaces become more popular worldwide, recruitment compliance is especially difficult for small and medium-sized businesses when resources are limited and HR is responsible for all personnel-related activities.
To ensure that compliance is managed correctly, you will need a well-informed, well-trained team with the right knowledge and tools. Here’s where we can help.
TG Group is a global workforce solutions provider with an international reach in over 50 markets across the globe. By partnering with us as your Global EOR, we take on your human capital management function to make recruitment a seamless process while ensuring compliance with local and international labour laws.