Does Facebook drug test potential employees

Applicant Screenings: Everything You Need To Know About It

The transparent citizen has long haunted the media as a specter of horror: Who is allowed to access my personal data, when and why? In many areas, access to personal data is already a reality, for example when you sign a mobile phone contract. Many rental contracts can no longer do without Schufa information. Applicant screenings is called screening applicants, which now also ensures that people are thoroughly scrutinized in the world of work so that an employer does not take any avoidable risks. What else you should know about it ...

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Applicant Screenings Definition: A special kind of background check

Applicant screenings are the legal checks of applicants before signing the employment contract or hiring.

Sometimes there are also terms such as pre-employment screening, reference check, background check, background investigation, applicant check or background check, which are used synonymously. The whole point of this review is to be able to a lot about the potential candidate to find out what cannot be found in the application documents at first glance.

By researching the Internet using Search engines and social networks Companies gain insight into the personal information of applicants, for example on Facebook or Xing. This makes it possible to look at business relationships and the applicants' social environment.

According to the Recruiting Trends study, in almost 12 percent of all cases, applicant screening in Germany resulted in the Applicant rejected has been.

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Applicant screenings are particularly popular in the Anglo-American region

Applicant screenings have their origins in the USA and Great Britain, where they are used for every applicant common means can be applied. The American screening organization "National Association of Professional Background Screeners" (NAPBS) explains which points applicant screenings can include:

The components may include: criminal history information, civil records, driver records, employment records, educational information, license verification, credit information and reference checks. Background checks may also include drug testing, a physical, and even psychological evaluations or assessments.

In a nutshell, this means that in America, for example, registry office registers, license examinations, reports, driver data and records from past employment relationships are used in order to identify possible Check criminal record and to get information about employees.

Screenings and background checks are even required for really comprehensive applicants Drug tests or psychological reports - for example for handwriting - used.

Reasons for Applicant Screenings

One can imagine that such an effort is associated with corresponding costs. Ultimately, however, it is still about save higher costs, also in the form of time and anger. Because that is exactly what companies have to do if they fill their positions incorrectly.

That doesn't seem to be the case infrequently: 40 percent of the specialists and almost 30 percent of the managers studies have shown that they are wrongly cast. They can cost a company between 30,000 and 100,000 euros; when it comes to managers, the costs are even higher.

Understandable that companies are beforehand prefer to hedge want. But what do screenings like this look like in this country and what are the associated consequences? Does the glass of wine in the vacation photo cost you the potential job? And above all: How far back or how long does such research go back?

People change and harmless youthful sins should not be smeared on bread years later. It is therefore critical when screenings uncover information that is ultimately complete outdated or possibly even wrong are. If they form the basis of a decision, both the company entrusted with the investigation and the applicant are in a bad position.

In the vast majority of cases, the résumés are checked. At the latest since various political scandals involving false doctorates, such have become Information in the CV controlled, as well as when someone has specified management positions.

Legal side of applicant screening: What is the employer allowed to do?

What for German applicants more like Big Brother from the novel 1984 reminds me, has been the norm in the US for 30 or 40 years.

Applicant screenings that target an applicant's police clearance certificate, as in the USA, are generally prohibited here. Both the applicant's personal rights and the Federal Data Protection Act (BDSG) protect the employee.

On the one hand. On the other hand, there are definitely cases in which that Police clearance certificate required depending on the activity.

Extensive applicant screenings are allowed if there is one legitimate interest to be protected the employer's there. This is the case, for example, when a pharmacist applies for a position who has violated the Narcotics Act in the past and has been convicted of drug use.

There is also a legitimate interest if an employer checks a bank employee for property crimes or a youth trainer for sexual crimes. Shoot the surveys or investigations of the employer, however beyond the goal, an applicant does not have to answer truthfully.

Even if the lie is discovered later, the employer is therefore not allowed to dismiss the employee - so the Federal Labor Court ruled on November 15, 2012 (file number 6 AZR 339/11).

How companies should proceed with applicant screening

Regardless of whether an employer researches an applicant himself or hires a company to do so: applicant screenings should be carried out by trained staff who Subject to quality control and conduct your research in accordance with data protection and privacy practices.

If legal regulations are violated when searching for information, that has civil or criminal consequencesnot to mention a company's good reputation.

So not only researching information about potential candidates legal requirements but are understandable for applicants, companies should draw up guidelines for applicant screenings.

An acceptance for such an approach is most likely guaranteed if a company is transparent about the Information goals and research areas communicates. This is possible through appropriate dossiers or briefings that clearly list the information obtained.

This also means that applicants are given the opportunity to produce critical results take a stand and to be able to explain or correct them. Criteria for applicant screenings:

A company must of course be able to explain the context in which the researched information is available. They must also Assessment factors clarified according to which personality and social skills are measured.

What should be considered: Where does the relevant information come from? That is, the Truthfulness and seriousness a source should definitely be checked. Otherwise, unsubstantiated claims can have far-reaching consequences.

Companies should note that applicants have the right to make certain statements or the Deny access to sources - For example, if a friend request on Facebook is not accepted or the applicant makes the appropriate settings in his profile beforehand.

Different entry requirements for applicant screenings

To a certain extent, it is up to each applicant to decide which one He reveals information about himself. If there is a previous conviction and someone applies for a position related to the crime, as described above, then the scope is of course correspondingly limited.

What access an employer has to your data depends on the source. There is publicly accessible data that everyone can look at, data accessible to network members and data accessible to friends or contacts on the Internet:

  • Data available to the public

    We speak of publicly available data if your personal data can be researched using a search engine such as Google, Bing or Yahoo! Article 5 paragraph 1 sentence 1 of the Basic Law guarantees everyone freedom of information.

    Since the applicant has apparently consented to the use of his data without restriction at an earlier point in time, they are generally accessible and therefore also accessible to the employer, i.e. his interests are to be weighted in the same way as those of the employee. According to Section 28 Paragraph 1 Clause 1 No. 3 BDSG, the employer may also collect personal data, provided that these are generally accessible via the search engines.

  • Data accessible to network members

    The situation is different if you are logged into a social network such as Facebook or Xing. Here you have the option of choosing your security settings so that your data can only be viewed by logged-in members. Depending on the situation, you can even make appropriate groupings and exclude certain contacts from certain information.

    If an employer wanted to access the applicant's information here, he would have to network with the applicant beforehand. At the same time, however, there is the difficulty that leisure-oriented networks such as Facebook, for example, expressly refer to use for purely private purposes in their terms and conditions, and expressly prohibit business use. However, it is different with professional networks such as Xing or LinkedIn:

    As a rule, anyone who is at least considering recruiting by potential employers registers here, because the use of the profile clearly provides for the possibility of professional self-presentation. Section 32 of the BDSG permits the collection of personal data from applicants for the purposes of the employment relationship if this appears necessary for business reasons.

    This is the case, for example, if there are indications of a criminal offense, but also if "the employee's legitimate interest in the exclusion of collection, processing or use does not prevail, in particular the type and extent are not disproportionate with regard to the cause."

    In fact, the applicant's interest does not outweigh the situation, since when registering in a job-oriented network, they must expect employers to access their data. According to Section 32, Paragraph 1, Clause 1 in conjunction with Section 4, Paragraph 2, No. 2 BDSG, the employer may collect and use the accessible personal data for his business purposes.

  • Data accessible to contacts

    Another special case is when an applicant consciously makes his personal data available to his own friends or contacts in networks. Here, for example, an employer would first have to send a friend request on Facebook in order to be able to view details of the potential applicant.

    As already stated, the general terms and conditions of the network operators exclude commercial research. However, there is one exception: the collection, processing and use of the data is permitted if the applicant has expressly consented.

    This, in turn, is only given if the employer has pointed out the intended data collection. It is considered not to have given your consent if an employer hides their true identity and concerns and the applicant accepts, for example, a friend request from a fake profile.

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