Are Background Checks Legal in Spain

Consider the following benefits of background checks to understand their added value: The main purpose of a background check is to verify or confirm that a person is who they claim to be. Nearly 46% of CVs contain at least one inconsistent data. Such discrepancies lead to bad attitudes that affect the workplace. To ensure the factual accuracy of a resume, you must conduct a background check. To a lesser extent, this exam can also be used to track previously hired employees who need recurring drug testing or criminal background checks to protect the workplace. Criminal background checks are one of the most commonly used methods of background checks. If you work in banking or another financial sector, you need to conduct thorough background checks, including credit scores, professional license review, inclusion in government sanctions exclusion lists, and civil law decisions. This is due to the responsibility and access to sensitive data that accompanies the work. An employment background check is a check that most companies do to confirm if the candidate provides facts on their resume.

The exam also certifies many aspects of a professional, including their work history, criminal record, and academics. It`s a fairly common practice for companies to conduct background checks on employees and suppliers before entering into a contract. However, the scope and depth of these audits vary from company to company, and the approach to these audits (and the legality) is not the same internationally. Among these, criminal background checks are a particularly sensitive issue. In this background check, the agency looks at the candidate`s role, performance, salary and duration of the position. This is usually done by contacting the references mentioned in the CV or by calling the HR department of previous companies. There are certain rules you need to follow when selecting candidates to make the job safe. If a candidate is hiding something, they are unlikely to apply for a job that requires a thorough background investigation. If you implement job verification methods, there will be some improvement in the quality of applications.

You`ll find it easier and more convenient to make recruitment judgments through a comprehensive background search. Not-for-profit organizations greatly value their employees and volunteers for achieving their goals and bringing about positive change. These organizations should not skip background checks, although their numerical strength is important given their limited funding. Healthcare professionals care about the lives of their patients. Therefore, a clean background check will confirm her candidacy and consider her to be suitable for the position. A background check will help discover candidates with red flags so you can hire the most trustworthy and responsible professionals. Digital identity Currently, 70% of candidates use social media platforms to find work. Headhunters are aware of this trend, but in addition to focusing on professional networks like LinkedIn, there is a dominant tendency to randomly search for a potential candidate`s online identity, which can lead to potential legal issues. Spanish citizens residing in Spain can apply for a certificate in person or by mail from the Ministry of Justice.

If you are a third-country national (TCN) legally residing in Spain, you can also apply for a certificate from the Ministry of Justice. It is not possible for a third-country national living illegally in Spain to receive a police certificate. To summarize the context of the case and get straight to the point, the AEPD imposed a fine of 2 million. EUR (and an order to cease the reported infringement and delete the data concerned) against a transport company for having asked its independent carriers to present their certificate of absence of criminal record as a contractual requirement. A compliant and non-discriminatory background check process is required for manufacturing and construction companies due to delays and workplace safety concerns. They should prioritize maintaining a safe and drug-free workplace. A thorough background check reveals candidates with suspicious medical and criminal histories that can be a huge burden on your business. As an exception to the above limitation, there are certain sectors where employers are required by law to request and conduct background checks: credit checks are crucial for candidates applying in the financial sector. A clean credit check confirms trust in their profile, so you can trust them to manage the money. You must obtain a candidate`s written permission to declare their consent to the credit check. The agency reviews the applicant`s educational details, such as the graduate university, their majors, and reviews the degree.

This step is crucial if you are hiring someone for a leadership position, although it is also recommended for other positions. Criminal background checks identify any criminal activity a person may have had in their lifetime, including from violent or blood crimes to embezzlement. Technology-related sectors employ many professionals based on their skills and experience. Conducting a background check of candidates reinforces their claims and helps you create a productive workspace. Modern civilizations rely heavily on technology, which is why the sector is prepared for growth. Spanish nationals living outside Spain can apply for a certificate from the Spanish consulate in the country where they currently reside. If you are a formal legal TCN currently living outside of Spain, you can also contact the consulate of the country where you are currently staying to apply for a certificate. Please note that if Spain does not have a reciprocal agreement with the country where you are currently staying, no police certificate is available. However, these checks must be carried out within the limits imposed by the GDPR. A typical hiring process in Spain is to collect CVs, interview candidates, choose the right one and finally offer an employment contract. However, many companies also conduct background checks on their candidates at some stage of the hiring process. This avoids hiring someone with red flags and builds a trustworthy workforce.

Retail is plagued by high turnover rates and “on-the-fly” recruitment seems to be the norm. To deal with this scenario, you need to conduct background checks that eliminate candidates who may not share the company`s core values. They must also carry out these checks on suppliers who interact with their customers and customers on matters concerning their sector. Employers are free to carry out other background checks, including: The Spanish legal system is based on the principles of the Spanish Constitution of 1978. Spanish law is affected by regionalism, and the autonomous communities also have their own special responsibilities and laws. The political uncertainty was created by the Catalan parliament`s declaration of independence in October 2017. The Spanish government is seeking to restore constitutional democracy in Catalonia and has called new elections to resolve political uncertainty. While it is recommended to create a full written employment contract, this is usually not a legal requirement. In addition to a normal background check for entry-level positions, employers must identify each position in their company and any unique industry-related background checks that they believe would help them make an informed recruitment decision. In Spain, there is no employment-specific legislation covering whistleblowing, although workers enjoy a certain level of protection under general labour law and data protection law.

In the past, there was some apathy among Spanish employers when it came to encouraging employees to report misconduct or misconduct at work. However, a combination of the extraterritorial effects of the US Sarbanes-Oxley laws on US multinationals operating in Spain and amendments to the Spanish Penal Code in July 2015 began to change that. The latter has encouraged employers to introduce internal whistleblowing procedures. However, there is still no legal obligation for them to do so. Upon receipt of the necessary information and documents, a background check body will follow the procedure indicated: background checks will verify that the candidate has served in the organizations indicated on his curriculum vitae.