When starting the recruitment process, it is important to remember that the scope of data you may require from a job applicant is different from the catalogue of data collected from an employee. The key provision you should follow when collecting data is Article 221 of the Labour Code.
According to the aforementioned regulation, as an employer you may request from a job candidate the following information:
- name and surname,
- date of birth,
- contact details,
- education, qualifications and the course of previous employment, but only if this is necessary for the job.
Only when deciding to employ a candidate, i.e. when concluding an employment contract, does the data catalogue extend to the following categories:
- address of residence,
- PESEL number or, if the employee does not have one, the type and number of the identity document,
- other personal data about the worker and his family, if this is necessary for the purposes of exercising specific rights under labour law,
- education and employment history, if there was no basis for their claim in the recruitment process,
- the number of the bank account if the employee has not applied for a payout.
If the regulations require additional information about the employee (e.g. confirmation of specific qualifications), you can also request it on this basis.
It should also be remembered that Article 221 of the Labour Code is not the only basis for processing the data of candidates and employees. Other categories of data can be obtained with their consent or on their initiative. This means that if a job applicant includes in his CV information about, for example, certificates obtained or the course of employment, you can accept this data. The sole initiative of the job applicant or employee is a basis to collect the biometric data and the specific categories of data referred to in Article 9(1) of the GDPR (e.g. racial or ethnic origin, political opinions, trade union membership). The only exception is information on convictions and criminal offences which cannot be obtained from employees and job applicants unless specific provisions require no criminal record for the performance of the job.
If a candidate has to give their consent, its absence or withdrawal cannot have negative consequences, especially in the form of refusal of employment, termination of employment contract or its termination by the employer.
Author: Aleksandra Hajdukiewicz, trainee attorney-at-law, associate at Kołecka Law Firm
