Legal framework Recruitment

Worldwide overview!
Legal frameworks!
Selection & data handling!
14
country
research
updated
Spring
2016

01
IBP
Class
2015
&
2016

Algeria!
Legal framework!
By Anthony Morris!
01
IBP
Class
2016

3
2015/2016

Selec4on
–
legal
framework

Algeria

• h @ p : / / w w w . d o i n g b u s i n e s s . o r g / d a t a /
exploreeconomies/algeria/labor-‐market-‐
regula4on

• h@p://ec.europa.eu/an4_fraud/documents/
countries/algeria_en.pdf

Regarding
the
handling
of
Employee
Data:

Algeria
has
few
speciﬁc
laws
regarding
the
handling
of
employee
data

According
to
the
Algerian
Legal
Council
Decision
with
the
European
Union
under
OJL

265/1
in
Ar4cle
10
Sec4on
2:
"Personal
data
may
be
exchanged
only
where
the

contrac4ng
party
which
may
receive
them
undertakes
to
protect
such
data
in
at
least

an
equivalent
way
to
the
one
applicable
to
that
par4cular
case
in
the
contrac4ng
party

that
may
supply
them.
To
that
end,
the
contrac4ng
par4es
shall
inform
each
other
of

their
applicable
rules,
including,
where
appropriate,
legal
provisions
in
force
in
the

member
states
of
the
Community"

Discrimina4on
act

(Ar4cle
L1132-‐1
Last
updated
2014)

h@p://www.legifrance.gouv.fr/aﬃchCodeAr4cle.do?
idAr4cle=LEGIARTI000028650462&cidTexte=LEGITEXT000006072050

4
2015/2016

Selec4on
–
legal
framework

Algeria

• 
Algerian
women
are
not
legally
restricted
in
choosing
certain
jobs

• The
Family
Code
Clause
states
that
women
must
abide
by
the
duty
of
obedience,
in

reference
to
Sharia
law

• For
example,
data
collec4on
from
the
WEF
shows
that
the
earned
income
(PPP
US$)

pay
gap
between
men
and
women
has
the
average
woman
making
0.36
of
what
the

typical
male
salary
is.

• Algeria
granted
women's
rights
regarding
civil
liber4es
and
employment
in
2008,
thus

allowing
women
to
work
many
of
the
same
jobs
as
men

Discrimina3on:

h@p://www.yourmiddleeast.com/opinion/how-‐to-‐tackle-‐the-‐algerian-‐womans-‐
struggle-‐against-‐social-‐expecta4ons_26524

h@p://www3.weforum.org/docs/GGGR11/Algeria.pdf

h@p://www.genderindex.org/country/algeria

Austria!
Legal framework!
By Marius Franz!
01
IBP
Class
2016

6

Selec4on
–
legal
framework

Austria

• Prohibi4on
concerns
both
direct
and

indirect
discrimina4on

• It
covers
rewarding,
stock
&
ac4on

distribu4on,
company
bonus,
training,

reclassifica4on,
promo4ons,
assignment,

qualifica4on,
classifica4on,
contract

renewal
and
mobility
offers

• The
law
provides
for
employee
status,

and
also
traineeships
&
in-‐company

trainees

• Adapted
from
the
European
Direc3ve

• Unauthorized
discrimina3ng
criteria:

Origin,
gender,
ways
of
life,
sexual

orienta4on,
age,
family
situa4on,

pregnancy,
gene4c

characteris4cs,

proved
or
alleged
membership
to
a

race
or
na4on,
poli4cal
opinions,

union
or
society
ac4vi4es,
religious

convic4ons,
physical
appearance,

family
name,
health
situa4on
or

handicap

• Specifici4es:

The
General
Equal
Treatment
Act
Law
is

not
valid
for
discrimina4on
because
of
a

handicap,
therefore
exists
an
extra
law

Discrimina4on
act

h@ps://media.arbeiterkammer.at/wien/PDF/Publika4onen/
ArbeitundRecht/An4diskriminierung_im_Betrieb.pdf

h@ps://www.arbeiterkammer.at/beratung/arbeitundrecht/
arbeitsklima/Diskriminierung.html

IBP
Class
2016

7

Selec4on
–
legal
framework

Austria

• Employees
have
a
right
to
access
their

ﬁle
and
all
data
that
may
have
been
used

to
take
decisions
regarding
them

(selec4on,
career
evolu4on,
remunera4on

decisions,…)

• Data
security
is
the
responsibility
of
the

organiza4on
whether
it
is
kept
in
Austria

or
abroad

• The
organiza4on
can
completely
forbid

to
use
the
internet
for
private
purposes

If
the
organiza4on
does
not
forbid
to
use

the
internet
for
private
purposes,
the

employee
is
allowed
to
use
it

•  Urine
tests
and
blood
test
are

forbidden

• Wri@en,
voice,
photo,
video,
geo-‐
tracking,
biometric
data
or
computer

registra4ons
and
personnel
data
may
be

gathered
and
controlled
only
for
relevant

purposes
and
employees
should
always

be
informed
of
it

• No
data
regarding
discrimina4on
criteria

may
be
required
nor
kept
in
employee

ﬁles
unless
for
legal
purposes
(age,
social

security
number
for
example)

Data
gathering
&
publicizing

h@ps://ooe.arbeiterkammer.at/beratung/arbeitundrecht/
ueberwachung_am_arbeitsplatz/
Private_Internetnutzung.html

h@ps://www.bka.gv.at/site/5808/default.aspx

h@ps://wien.arbeiterkammer.at/beratung/
arbeitundrecht/arbeitsklima/
Privatsphaere_am_Arbeitsplatz.html

h@ps://www.wko.at/Content.Node/Service/Arbeitsrecht-‐
und-‐Sozialrecht/Arbeitsrecht/Betriebsrat-‐-‐-‐
Betriebsvereinbarung-‐-‐-‐Kollek4vvertrag/
Einsichtsrechte_des_Betriebsrates.html

IBP
Class
2016

Brazil!
Legal framework!
By Linda Pohle!
01
IBP
Class
2016

9

Selec4on
–
legal
framework

Brazil

The
following
discriminatory
prac4ces

cons4tute
a
crime:

• 
the
requirement
for
tes4ng,

examina4on,
inves4ga4on,
report,

cer4ficate,
statement
or
any
other

procedure
rela4ng
to
steriliza4on
or

pregnancy
status;

• induce
or
incite
gene4c
steriliza4on;

promo4on
of
birth
control,
thus
not

considered
offering
advice
or
services

and
family
planning,
conducted
by

public
or
private
ins4tu4ons

An3-‐discrimina3on
laws
in
Brazil
are

present
in
the
Cons3tu3on
of
Brazil
in

the
Labour
law,
in
the
Child
and

Adolescent
law,
in
the
Ageing
law
in
the

Penal
Code.

• The
Brazilian
Cons3tu3on
prohibits
all

forms
of
discrimina3on
(Age,
Race,

Color,
Na3onal
origin,
Disability,

Religion,
Sex,
Marital
status,
Poli3cal

affilia3on,
Pregnancy,
Ci3zenship)
by

federal
and
state
governments
and
the

country's
popula3on.

Specifici4es:

Everything
is
regulated
by
na4onal

legisla4on
(especially
job
contracts)

Consolidação
das
Leis
do
Trabalho
—
bring

together
all
of
the
employee
rights

An4-‐Discrimina4on
Laws
in
Brazil

(Wikipedia.com;
last
updated
NOV

2015)

h@ps://en.wikipedia.org/wiki/An4-‐discrimina4on_laws_in_Brazil

IBP
Class
2016

Reference
to
local
legisla4on
to

be
found

10

Selec4on
–
legal
framework

Brazil

No
general
personal
data
protec3on

legisla3on
in
Brazil.

It
is
currently

developing
an
internal
legal
framework

that
increases
the
regula4on
on
this

ma@er
and
the
level
of
protec4on.

Data
Protec4on
Day
of
2015,
the
Brazilian

Ministry
of
Jus4ce
opened
up
a

consulta4on
reques4ng
about
a
new

version
of
the
Data
Protec4on
Bill.

Brazil
currently
only
gives
sectorial

protec4on
to
personal
data!

Ideas
of
Data
Protec4on
2015:

• employees
have
no
general
right
to

privacy
related
to
their
employers
while

performing
labour
ac4vi4es
inside
the

boundaries
of
the
organisa4on,
no4ce
is

necessary
to
validate
monitoring

ac4vi4es.

• 
private
communica4ons
(private
e-‐mail,

private
calls
and
social
networks)
cannot

be
monitored
by
the
employer,
even
if

this
is
authorised
during
work
hours!

Data
gathering
&
publicizing

ICLG

h@p://www.iclg.co.uk/prac4ce-‐areas/data-‐protec4on/data-‐
protec4on-‐2015/brazil#chaptercontent10

IBP
Class
2016

Reference
to
local
legisla4on
to

be
found

Hungary!
Legal framework!
By Winfried
Stoﬀel!
01
IBP
Class
2016

12

Selec4on
–
legal
framework

Hungary

Working
condi4ons
set
forth
in
the

collec4ve
bargaining
agreement
entered

i n t o
b e t w e e n
t h e
e m p l o y e e s ’

representa4ve
body.

Maternity
leave
lasts
for
24
weeks.

Thereawer
a
mother
is
en4tled
to
unpaid

leave
un4l
the
child
becomes
three
years

old.

Unauthorized
discrimina3ng
criteria:

There
is
discrimina4on
if
a
person
or
a
group

is
treated
less
favourably
than
another

person
or
group
in
a
comparable
situa4on

because
of
his/her
sex,
racial
origin,
colour,

na4onality,
na4onal
or
ethnic
origin,
mother

tongue,
disability,
state
of
health,
religious

or
ideological
convic4on,
poli4cal
or
other

opinion,
family
status,
motherhood

(pregnancy)
or
fatherhood,
sexual

orienta4on,
sexual
iden4ty,
age,
social

origin,
financial
status,
due
to
the
part-‐4me

nature
or
definite
term
of
the
employment

or
other
employment-‐related
rela4onship,

membership
in
an
organiza4on
represen4ng

employees’
interests,
or
other
status,

a@ribute
or
characteris4c.

Specifici4es:

All
employment
contracts
and
no4ces

must
be
wri@en.

Discrimina4on
act

h@p://www.legisla4online.org/topics/country/25/topic/84

h@p://www.era-‐comm.eu/oldoku/Adiskri/01_Overview/
2011_04%20Chopin_EN.pdf

13

Selec4on
–
legal
framework

Hungary

Working
condi4ons
set
forth
in
the

collec4ve
bargaining
agreement
entered

i n t o
b e t w e e n
t h e
e m p l o y e e s ’

representa4ve
body.

Maternity
leave
lasts
for
24
weeks.

Thereawer
a
mother
is
en4tled
to
unpaid

leave
un4l
the
child
becomes
three
years

old.

Unauthorized
discrimina3ng
criteria:

There
is
discrimina3on
if
a
person
or
a
group
is

treated
less
favourably
than
another
person
or

group
in
a
comparable
situa3on
because
of

his/her
sex,
racial
origin,
colour,
na3onality,

na3onal
or
ethnic
origin,
mother
tongue,

disability,
state
of
health,
religious
or

ideological
convic3on,
poli3cal
or
other

opinion,
family
status,
motherhood

(pregnancy)
or
fatherhood,
sexual
orienta3on,

sexual
iden3ty,
age,
social
origin,
financial

status,
due
to
the
part-‐3me
nature
or
definite

term
of
the
employment
or
other

e m p l o y m e n t -‐ r e l a t e d
r e l a 3 o n s h i p ,

membership
in
an
organiza3on
represen3ng

employees’
interests,
or
other
status,
aSribute

or
characteris3c.

Specifici4es:

All
employment
contracts
and
no4ces

must
be
wri@en.

Discrimina4on
act

h@p://www.legisla4online.org/topics/country/25/topic/84

h@p://www.era-‐comm.eu/oldoku/Adiskri/01_Overview/
2011_04%20Chopin_EN.pdf

India!
Legal framework!
By Basavaprasanna
Angadi

01
IBP
Class
2016

Data
collec4on

Protec4on
under
equal
remunera4on
act-‐

The
equal
remunera4on
act
1976

addresses
employee
discrimina4on

issues
with
respect
to
wages,
work-‐
transfers
and
promo4ons.

Protec4on
for
persons
with
disabili4es-‐
As
a

party
to
the
united
na4ons
conven4ons

on
the
rights
of
people
with
disabili4es,

India
is
bound
to
integrate
the
principles

embedded
in
the
CRPD
into
laws
that

safeguard
the
rights
of
the
disabled.

Protec4on
of
sexual
harassment
against

female
employees-‐
laid
down
in
1997.

India

h@p://www.nishithdesai.com/ﬁleadmin/user_upload/pdfs/
Indian_laws_on_employee_and_workplace_discrimina4on
_and_harassment.pdf

Data
collec4on

Law
on
data
privacy
and
its
eﬀect
upon
the

employers-‐
The
informa4on
technology
act-‐2000

(IT
act)
is
the
only
legisla4on
which
has

a@empted
to
address
the
issue
of
data

protec4on
and
privacy.

Employers
collect
sensi4ve
personal
data
or

informa4on
only
for
the
purposes
of
selec4on

and
record
reten4on,
employee
evalua4on
or
for

other
business
processes.
Mishandling
of
the

data
may
cause
consequences
and
result

wrongful
loss
or
wrongful
gain.
In
this
case
the

employer
is
liable
to
pay
a
compensa4on
of

1,000,000
dollars
or
its
inr
equivalent
of
5
crores.
(According
to
the
IT
act).

India

h@p://www.nishithdesai.com/ﬁleadmin/user_upload/pdfs/
The_Indian_legal_posi4on_on_employee_data_protec4on
_and_employee_privacy.pdf

Israel!
Legal framework!
By Veronika
Stepanova!
01
IBP
Class
2016

18

Selec4on
–
legal
framework

Israel

• Making
of
irrelevant
condi4ons
if
these

fi e l d s
s h o u l d
b e
r e g a r d e d
a s

discrimina4on

• Job
adver4sements
should
be
published

containing
both
masculine
and
feminine

gender

•  Unauthorized
discrimina3ng
criteria:

sex,
sexual
tendencies,
personal
status,
age,

race,
religion,
na3onality,
country
of
origin,

views,
party
or
dura3on
of
reserve
service

•  Working
fields
covered
by
the
law

against
discrimina3on:

acceptance
for
employment;
terms
of

employment;
advancement
in
employment;

voca3onal
training
or
supplementary

voca3onal
training;
dismissal
or
severance

pay;
benefits
and
payments
for
employees
in

connec3on
with
their
re3rement
from

employment


Employer
should
not
ask
for
military

profile
of
(future)
employee
and
make
any

decisions
based
on
it.
FYI:
military
profile

includes
person’s
medical
suitability

Employment
(Equal
Opportuni4es)
Law,

5748
–
1988

h@p://www.moit.gov.il/NR/rdonlyres/2654DA40-‐7F3A-‐44DE-‐
AC90-‐813996BD7570/0/25.pdf

IBP
Class
2016

19

Israel

Principles
apply
for
collec4ng
and
keeping

data:

•  No
monitoring
without
consent

•  Purposeful
processing

•  Transparency

•  Right
of
access

•  Data
collec4on
controls

•  Data
loca4on
controls

•  Informa4on
security

•  Trainings

•  Audits

• Data
may
be
gathered
and
controlled

only
for
relevant
purposes
and
employees

should
always
be
informed
of
it

• Employees
have
a
right
to
access
their

data

• Balanced
policy
for
use
of
corporate
IT

and
email
systems

• Three
levels
of
accounts:
professional

purpose
(may
be
monitored
by
employer),

dual
purpose
(employer
may
monitor

personal
messages
only
due
to
some

circumstances),
personal
account

(accessed
by
employer
only
by
court

decision)

Privacy
Protec4on
in
Recruitment

Procedures
and
Work
Placement
Services

ILITA

h@p://www.or-‐hof.com/workplace-‐privacy-‐under-‐israeli-‐
law/

h@p://www.jus4ce.gov.il/En/Units/ILITA/Pages/
Legisla4on-‐and-‐other-‐documents.aspx

IBP
Class
2016

Selec4on
–
legal
framework

Kuwait!
Legal framework!
By Ivo
Horak!
01
IBP
Class
2016

New
private
sector
labour
law

(New
private
sector
labour
law
no.
6
of

2010,
Last
amended
by:
Law
no.
90
of

2013
(eﬀec4ve
17.03.2013)

h@p://gulfmigra4on.eu/database/legal_module/Kuwait/Na4onal%20Legal
%20Framework/Labour%20Migra4on/2.2%20Labour%20Law
%206%202010_EN.pdf

h@ps://en.wikipedia.org/wiki/LGBT_rights_in_Kuwait

h@ps://www.cons4tuteproject.org/cons4tu4on/Kuwait_1992.pdf

Kuwait

• Freedom
of
religion,
Ar4cle
35

• Freedom
of
expression,
Ar4cle
36

• Freedom
of
opinion/thought/conscience,
Ar4cle
36

• Freedom
of
associa4on/Right
to
join
trade
unions
,

Ar4cle
43

These
rights
are
guranted
by
Kuwait‘s
Cons4tu4on
of

1962,
Reinstated
in
1992

New
private
sector
labour
law
no.
6
of
2010:

Ar4cle
22:
Women
shall
not
be
employed
at

night
between
10:00
pm
to
7:00
am,
save

those
who
work
in
hospitals,
health
centers,

private
treatment
houses
and
other
health

ins4tu4ons.

Ar4cle
23:
Women
shall
not
be
employed
in

ins4tu4ons
which
provide
service
exlusively

for
men.

Ar4cle
46
prohibits
an
employer
from

termina4ng
a
worker‘s
employment
without

just
cause,
or
for
any
of
the
following
reasons:

par4cipa4ng
in
union
ac4vity,
demanding
or

enjoying
his
legal
rights,
on
ground
of
sex,

religion
or
origin.


• There
is
no
protec4on
of
LGBT
(lesbian,

gay,
bisexual,
and
transgender)
people.

• Being
of
LGBT
is
prosecuted
under
the

"debauchery"
law.

• The
same-‐sex
sexual
ac4vity
is
prohibited

by
law
(up
to
6
years
imprisonment).

Selec4on
–
legal
framework

Kuwait

Data
gathering
&
publicizing

I
didn‘t
find
any
law
or
a
direc4ve
law
that
regulates
or
is

concerned

about
employees
data
gathering
&
publicizing
when

employed

Selec4on
–
legal
framework

Other
informa4on
on
Legal
Selec4on
framework

The
work
contract
shall
be
made
in
three
copies,
one
for
each
party
and
the
third
shall
be

lodged
with
the
competent
authority
at
the
Ministry

Due
to
effec4ve
form
of
immigra4on
control
there
is
a
sponsorship
system
in
Kuwait.
If

you
are
foreigner
willing
to
work
in
Kuwait
the
most
probably
your
sponsorship
will

be
your
employer.
A
sponsor
acts
as
a
sort
of
guardian
as
well
as
guarantor
and
must

undertake
all
administra4ve
work
(i.e.
paperwork)
on
behalf
of
the
foreigner.
Sponsor

is
responsible
for
you
and
he
might
confiscate
your
passport
for
the
4me
you
work

for
him.
You
have
to
have
an
approval
of
a
sponsor
before
leaving
the
country.

Luxemburg!
Legal framework!
By Isabelle
Keck!
01
IBP
Class
2016

24
2015/2016

Selec4on
–
legal
framework

Luxemburg

Speciﬁci4es:

Existence
of
“non-‐discrimina4on

principle”
between
part-‐4me
and
full-‐
4me
employment
-‐>
they
have
to
be

treated
equally

Exep4on:
diﬀerent
treatment
based
on

the
character
is
not
seen
as

discrimina4on

• Discrimina3on
based
on
sex,

na3onality,
race
or
ethic
origin,
trade

union
membership,
religion,
handicap

and
age
is
illegal
in
Luxemburg.

• Valid
for
all
kinds
of
jobs,
trainings,

employment
and
working
condi3ons,

salary
and
membership
of
organiza3ons

Discrimina4on:

•  h@p://www.equalitylaw.eu/country/
luxembourg

•  h@p://www.legisla4online.org/
topics/country/16/topic/84

IBP
Class
2016

25

Selec4on
–
legal
framework

Luxemburg

Gene4c
data
can
not
be
processed

Prohibi4on
of
the
ptocessing
of
criminal

data
• Authorisa4on
of
data
processing
has
to

be
given
by
the
Data
Processing
Authority

• Medical
data
is
processed
with
regards

to
the
employee’s
surveillance

• Alcohol
and
drug
tes4ng
is
not
addressed

• Sensi4ve
data
can
be
processed
if

necessary
for
the
fulfilment
of
specific

rights
and
obliga4ons
of
the
controller
by

an
extend
that
is
defined
by
a
legal

provision

Data
gathering
&
publicizing

•  h@ps://fra.europa.eu/sites/default/files/fra-‐2014-‐
handbook-‐data-‐protec4on-‐law-‐2nd-‐ed_en.pdf

•  h@p://www.cnpd.public.lu/fr/index.html

IBP
Class
2016

Morocco!
Legal framework!
By Linda
Mangunda!
01
IBP
Class
2016

Moroccan
laws
are
primarily
based
on
French
civil

law
and
Islamic
law
(Shari’a)

Labour
legisla4on
:
Elimina4on
of
forced
labour;

Elimina4on
of
child
labour,
protec4on
of

children
and
young
persons,
Workers
with

family
responsibili4es

CEDAW
-‐
Conven4on
on
the
Elimina4on
of
All

Forms
of
Discrimina4on
against
Women
-‐
interna4onal
bill
of
rights
for
women

consis4ng
of
a
preamble
and
30
ar4cles,

defines
what
cons4tutes
discrimina4on

against
women
and
sets
up
an
agenda
for

na4onal
ac4on
to
end
such
discrimina4on.

Law
prohibited
against
employees,
discrimina4on

based
on
race,
color,
sex,
disability,
marital

status,
religion,
poli4cal
opinion,
trade
union

membership,
na4onal
extrac4on
or
social

origin

Lesbians,
gay,
bisexual
and
transgender
(LGBT)
in

Morocco
may
face
legal
challenges.
The

recogni4on
is
s4ll
subject
to
taboos
and

homosexuality
is
punishable
under
Moroccan

law

Discrimina4on
act

h@p://www.ilo.org/dyn/natlex/natlex4.detail?
p_lang=en&p_isn=71217&p_country=MAR&p_count=661&p_classifica4on=05&p_clas
scount=7

h@p://www.unicef.org/gender/files/Morroco-‐Gender-‐Eqaulity-‐Profile-‐2011.pdf

h@p://www.un.org/womenwatch/daw/cedaw/

Morocco
Labor
Laws
and
Regula4ons
Handbook
Volume
1
Strategic
Informa4on
and

Basic
Laws
(2015)
.
Retrieved
from
h@p://books.google.com

Morocco

Selec4on
–
legal
framework

Morocco
wants
to
align
with
data

protec4on
European
standards

established
by
the
Council
of
Europe

and
the
EU.

Morocco
adopted
-‐
on
6
June
2013
-‐
a
bill

approving
the
Council
of
Europe's

(CoE)
Conven4on
108
for
the

Protec4on
of
Individuals
with
regard

to
Automa4c
Processing
of
Personal

Data
-‐
Once
ra4fied,
Morocco
will

become
the
second
non-‐member

country
(awer
Uruguay)
of
the
Council

of
Europe
to
accede
to
Conven4on

108
–

At
present,
ra4fica4on
of

Conven4on
108
is
s4ll
in
the
process

The
person
from
whom
the
personal
data

is
collected
must
receive
no4ce
of:
the

iden4ty
of
the
data
controller
and,
if

applicable,
the
data
processor;
the

purposes
of
the
data
processing;
the

recipients
or
categories
of
recipients

of
the
data;

the
right
to
object,
for
a

legi4mate
reason,
to
the
collec4on
of

such
data,
the
right
to
access
the

collected
data
and
the
right
to
have

the
processed
data
rec4fied.

Data
gathering
&
publicizing

h@p://www.edrm.net/resources/data-‐privacy-‐protec4on/data-‐protec4on-‐laws-‐2013/
morocco

h@p://www.dataguidance.com/dataguidance_privacy_this_week.asp?id=2049

h@p://www.coe.int/en/web/conven4ons/full-‐list/-‐/conven4ons/treaty/108/signatures

Morocco
Selec4on
–
legal
framework

Poland!
Legal framework!
By Teoman
Kilic!
01
IBP
Class
2016

30

Selec4on
–
legal
framework

Poland

General:

Discrimina4on
in
the
workplace
is

prohibited,
both
in
terms
of

r e c r u i t m e n t ,
t e r m i n a 4 o n
o f

employment
etc.

Employers
treat
everybody
equal

Discrimina4on
experienced
indirectly

Right
for
“equal
pay
for
equal
work”
and

”work
for
equal
value”

Migrants
have
the
same
rights
at
work
as

Polish
workers

•  Any
discrimina4on
based
on
age
is

prohibited

•  Poland
has
a
unitary
system
of
na4onal

employment
law.

•  There
is
no
local
employment
law.

•  Polish
age
discrimina4on
law
covers

employees,
job
applicants
etc.

•  Agency
workers
must
be
treated
equally

by
the
agency
–
the
agency
as
their

employer
is
covered
by
the
age

discrimina4on
legisla4on.

•  The
law
speciﬁcally
regula4ng
agency

work
requires
that
the
agency
workers

are
also
treated
equally
with
the

employer
user’s
own
employees.

Discrimina4on
act

•  www.migrant.info.pl/
Discrimina4on_in_the_workplace.html

•  h@p://www.agediscrimina4on.info/interna4onal/Pages/
Poland.aspx

IBP
Class
2016

31

Selec4on
–
legal
framework

Poland

Sensi4ve
personal
data
includes
personal

data
rela4ng
to:

racial
or
ethnic
origin,
poli4cal
opinions,

religious
or
philosophical
beliefs,
religious,

party
or
trade-‐union
membership,
health,

gene4c
code,
addic4ons,
sex
life,

convic4ons,
decisions
on
penal4es,
ﬁnes
and

other
decisions
issued
in
court,

administra4ve
proceedings.

• 
Employer
is
not
en4tled
to
collect

employees
biometric
data
in
the
form
of

ﬁngerprints

• 
Data
controllers
are
able
to
transfer

personal
data
to
jurisdic4ons

• 
Poland
is
one
of
the
EU
Member
States

that
requires
obtaining
the
prior
wri@en

consent
of
every
data
subject

• 
Data
controllers
are
able
to
transfer

personal
data
to
third
countries

Data
gathering
&
publicizing

•  h@p://www.mondaq.com/x/197760/employee+rights
+labour+rela4ons/May+an+Employee+Request

•  h@p://uk.prac4callaw.com/6-‐520-‐7945?
source=relatedcontent

•  h@ps://www.huntonprivacyblog.com/2014/12/02/poland-‐
amends-‐personal-‐data-‐protec4on-‐act/

IBP
Class
2016

Colombia!
Legal framework!
By Anne
Aveskamp!
01
IBP
Class
2016

33
2015/2016

Selec4on
–
legal
framework

Colombia

• According
to
Ar4cle
13
of
the
Colombian

Poli4cal
Cons4tu4on,
each
individual
is

born
free
and
equal
before
the
law,
the

same
protec4on
and
treatment
from
the

authori4es
is
guaranteed.
Every
individual

is
en4tled
with
the
same
rights,
freedoms

and
opportuni4es
without
any

discrimina4on
on
grounds
of
gender,
race,

na4onality
or
family
origin,
among
others.

On
the
other
hand,
Ar4cle
10
of
the

Colombian
Labor
Code,
states
that
all

employees
are
equal.

Discrimina4on
act

h@p://www.globalworkplaceinsider.com/category/la4n-‐america/
colombia/

Discrimina3on

•  Colombia’s
Cons4tu4on,
laws
and
jurisprudence

strictly
protect
the
principle
of
equality,
and

penalize
any
kind
of
discrimina4on
based
on
age.

Furthermore,
Ar4cle
53
of
the
Cons4tu4on

establishes
fundamental
labour
principles,

providing
equal
opportuni4es
for
employees
and

special
treatment
and
protec4on
for
underage

employees.

•  In
the
same
way,
Law
931
of
2004
regulates
the

right
to
work
in
condi4ons
of
equality
on
grounds
of

age,
and
expressly
forbids
any
employer
from

considering
candidates
from
a
par4cular
age
range

during
the
recruitment
processes,
since
the

requirements
for
accessing
any
employment
must

relate
to
merit,
quali4es
or
experience.
This
legal

provision
empowers
the
Ministry
of
Labour
to

supervise,
control
and
sanc4on
any
legal
breaches.

Sanc4ons
can
be
up
to
50
minimum
Colombian

wages
(approximately
$US12,887).

34
2015/2016
©
Yseult
Perilhou

Selec4on
–
legal
framework

Colombia

-‐
If
no
informa4on
is
received,
the
holder

of
the
personal
data
will
assume
that
it

has
an
authoriza4on
to
use
the
personal

data
for
communica4ons.

Every
individual
may
exercise
the
right
to

know,
update,
correct
or
suppress
the

informa4on
provided
in
data
bases

within
the
terms
established
by
Law

1581
of
2012.

According
to
Law
1581
of
2012
and
Decree

1377
of
2013,
all
individuals
and
legal

en44es
that
handle
personal
data
must

inform
about
the
existence
of
such

informa4on
in
their
databases.

Holders
of
personal
data
must
inform
that

the
personal
data
will
be
treated
in
the

strictest
and
most
conﬁden4al
manner,

and
that
the
informa4on
is
stored
in
a

manner
which
prevents
access
by
third

persons.

If
the
individual
is
interested
in
removing

personal
data
from
the
databases,
he/
she
must
write
within
the
following
30

working
days
from
no4ﬁca4on
of
the

personal
data
holder
to
expressly

indicate
the
inten4on
that
his/her
data

be
removed
from
the
databases.

Data
gathering
&
publicizing

h@p://www.globalworkplaceinsider.com/category/la4n-‐
america/colombia/

South Africa

Legal
Framework

By
Shari
Jongbloed

IBP
Class
2016

36

Selec4on
–
legal
framework

South
Africa

•  Sec4on
9
of
the
Cons4tu4on
of
the

Republic
of
South
Africa
states
that

“no
person
may
unfairly
discriminate

directly
or
indirectly
against
anyone

on
one
or
more
grounds,
including

race,
gender,
sex,
pregnancy,
marital

status…”
and
that
“na4onal

legisla4on
must
be
enacted
to

p reven t
o r
p ro h i b i t
u n f a i r

discrimina4on”.

•  Both
the
Employment
Equity
Act,

1998
(EEA),
and
the
Labour
RelaFons

Act,
1995
(LRA),
contain
forceful

provisions
to
protect
employees

from
unfair
discrimina4on
due
to

gender,
and
other
grounds,
in
the

workplace.

Discrimina4on
act

h@p://www.jus4ce.gov.za/legisla4on/acts/2000-‐004.pdf

h@p://www.globalworkplaceinsider.com/2015/11/what-‐protec4on-‐
from-‐discrimina4on-‐do-‐employees-‐have-‐on-‐the-‐grounds-‐of-‐gender-‐in-‐
south-‐africa/

IBP
Class
2016

37

Selec4on
–
legal
framework
South
Africa

There
are
eight
condi4ons
for
lawful

p r o c e s s i n g
o f
p e r s o n a l

informa4on:

Accountability.
The
responsible
party
is

accountable
for
complying
with
the

Act.

Processing
limita3on.
Processing
must

be
lawful
and
reasonable
and
must

not
infringe
the
privacy
of
the
data

subject.

Purpose
specifica3on.
Processing
must

have
a
specific,
explicitly
defined

lawful
purpose.

Further
processing
limita3on.
Further

processing
must
be
in
accordance

and
compa4ble
with
the
purpose

for
which
it
was
collected.

Data
gathering
&
publicizing

h@p://uk.prac4callaw.com/5-‐503-‐0787#a157699

IBP
Class
2016

Informa3on
quality.
The
responsible
party

must
take
reasonably
prac4cable
steps
to

ensure
that
the
personal
informa4on
is

complete,
accurate,
not
misleading
and
up

to
date.

Openness.
The
responsible
party
must
take

reasonably
prac4cable
steps
to
ensure
that

the
data
subject
is
aware
of
the
processing.

Security
safeguards.
The
responsible
party

m u s t
s e c u r e
t h e
i n t e g r i t y
a n d

confiden4ality
of
personal
informa4on
by

taking
appropriate,
reasonable
technical

and
organisa4onal
measures.

Data
subject
par3cipa3on.
Data
subjects
can

request
access,
correc4on
and
dele4on
of

personal
informa4on.

Thailand!
Legal framework!
By Rowenna Graham!
01
IBP
Class
2016

39

Selec4on
–
legal
framework
Thailand

Certain
types
of
work
may
have

prohibi4ons
for
women
and

children
to
ensure
their
safety
and

welfare.
Employee
welfare

ensures
that
no
employee
will
be

exploited
given
their
gender
and

ability
to
be
decisive
when
cri4cal

circumstances
arise

The
Department
of
Labor
Protec4on

and
Welfare
under
the
Ministry
of

Labor
and
Social
Welfare
is
tasked

with
the
administra4on
of
these

rights.
The
Department
and

Ministry
issue
regula4ons
if
there

are
issues
or
concerns
that
need

clarifica4on
and
in
some
cases,

requiring
modifica4on
on
the

prescribed
rights
under
the
Labor

Protec4on
Act.

• From
2007
Cons3tu3on

• Unauthorized
discrimina3ng
criteria:

Na3onality,
language,
place
of

birth,
age,
gender,
physical
or

health
condi3ons,
social
status,

religion,
educa3on,
poli3cal

affilia3ons
or
appearance
from

his/her
own
sex
by
birth
(anyone

who
is
transgender),
sexual

orienta3on

Discrimina4on
Act
(2012)

h@ps://phuketlegal.wordpress.com/2012/10/15/employment-‐
discrimina4on-‐law-‐in-‐thailand/

Gender
Equity
Act
(2015)

h@ps://www.hrw.org/news/2015/09/21/thailand-‐gender-‐equality-‐act

40
2015/2016
©
Yseult
Perilhou

Selec4on
–
legal
framework

Thailand

Thailand
does
not
have
any
general
statutory
law

governing
data
protec4on
or
privacy.
The

Cons4tu4on
of
the
Kingdom
of
Thailand
does

recognize
the
protec4on
of
privacy
rights.

Statutory
laws
in
some
specific
areas
(such
as

telecommunica4ons,
banking
and
financial

businesses
(Specific
Businesses)
as
well
as

other
non-‐business
related
laws,
such
as

certain
provisions
under
Thai
Penal
Code
and

the
Child
Protec4on
Act
B.E.
2543
(2003),
do

provide
a
certain
level
of
protec4on
against

any
unauthorised
collec4on,
processing,

disclosure
and
transfer
of
personal
data.

Recently,
the
draw
Personal
Informa4on
Protec4on

Act
(‘Draw’),
which
has
been
reviewed
by
the

Council
of
State,
was
given
to
the
Commi@ee

for
House
of
Representa4ve
Coordina4on
to

review
and
analyse
if
there
are
any
prac4cal

issues
on
applying
the
law
and
how
the
Data

Protec4on
Commi@ee
should
be
formed.

The
Draw
is
being
reviewed.
The
current
Draw

provides
protec4on
of
personal
data
by

restric4ng
the
gathering,
using,
disclosing
and

altering
of
any
personal
data
without
the

consent
of
the
data
owner.
The
Draw
also

imposes
both
criminal
penal4es
and
civil

liability
for
any
viola4on
of
the
Draw
and
calls

for
the
establishment
of
a
Protec4on
of

Personal
Data
Commission
to
regulate

compliance
with
the
Draw.

No
clear
indica4on
exists
as
to
when
the
Draw
will

be
final,
or
whether
it
will
ul4mately
be

enacted
into
binding
law

Data
gathering
and
publicizing:
h@ps://www.google.fr/webhp?sourceid=chrome-‐
instant&ion=1&espv=2&es_th=1&ie=UTF-‐8#q=data%20gathering%20and
%20publishing%20thailand%20laws

France

Legal
Framework

By
Yseult
Périlhou

42
2015/2016
©
Yseult
Perilhou

Selec4on
–
legal
framework

Discrimina4on
act

(Ar4cle
L1132-‐1
Last
updated
2014)

h@p://www.legifrance.gouv.fr/affichCodeAr4cle.do?
idAr4cle=LEGIARTI000028650462&cidTexte=LEGITEXT000006072050

• Adapted
from
the
European
Direc4ve

• Unauthorized
discrimina4ng
criteria:

Origin,
gender,
ways
of
life,
sexual

orienta4on,
age,
family
situa4on,

pregnancy,
gene4c

characteris4cs,

proved
or
alleged
membership
to
a

race
or
na4on,
poli4cal
opinions,

union
or
society
ac4vi4es,
religious

convic4ons,
physical
appearance,

family
name,
health
situa4on
or

handicap

• Prohibi4on
concerns
both
direct
and

indirect
discrimina4on

• It
covers
rewarding,
stock
&
ac4on

distribu4on,
company
bonus,
training,

reclassifica4on,
promo4ons,
assignment,

qualifica4on,
classifica4on,
contract

renewal
and
mobility
offers

• The
law
provides
for
employee
status,

and
also
traineeships
&
in-‐company

trainees

France


Job
announcements
should
be
dated,

wri@en
in
French
and
the
employer

should
be
named
(either
publicly
or
to

handed
to
the
pos4ng
media)

43
2015/2016
©
Yseult
Perilhou

Selec4on
–
legal
framework

Data
gathering
&
publicizing

CNIL

h@p://www.cnil.fr/fileadmin/documents/Guides_pra4ques/
CNIL_GuideTravail.pdf

• Wri@en,
voice,
photo,
video,
geo-‐
tracking,
biometric
data
or
computer

registra4ons
and
personnel
data
may
be

gathered
and
controlled
only
for
relevant

purposes
and
employees
should
always

be
informed
of
it

• No
data
regarding
discrimina4on
criteria

may
be
required
nor
kept
in
employee

files
unless
for
legal
purposes
(age,
social

security
number
for
example)

• Employees
have
a
right
to
access
their

file
and
all
data
that
may
have
been

used
to
take
decisions
regarding
them

(selec4on,
career
evolu4on,

remunera4on
decisions,…)

• Data
security
is
the
responsibility
of
the

organiza4on
whether
it
is
kept
in
France

or
abroad

• Emails
are
considered
a
professional

usage
unless
specified
and
are
accessible

by
the
employer

• A
reasonable
personal
use
of
internet

connec4on
and
telephone
is
tolerated

France

European Directive

Legal
Framework

Selection!
By
Yseult
Périlhou

EEC
direc3ve
2000/78

http://ec.europa.eu/social/main.jsp?
catId=166&langId=en

12)(…)To
this
end,
any
direct
or
indirect
discrimina4on
based
on
religion
or
belief,

disability,
age
or
sexual
orienta4on
as
regards
the
areas
covered
by
this
Direc4ve

should
be
prohibited
throughout
the
Community.
This
prohibi4on
of
discrimina4on

should
also
apply
to
na4onals
of
third
countries
but
does
not
cover
diﬀerences
of

treatment
based
on
na4onality
and
is
without
prejudice
to
provisions
governing
the

entry
and
residence
of
third-‐country
na4onals
and
their
access
to
employment
and

occupa4on.

(13)
This
Direc4ve
does
not
apply
to
social
security
and
social
protec4on
schemes

whose
beneﬁts
are
not
treated
as
income
within
the
meaning
given
to
that
term
for

the
purpose
of
applying
Ar4cle
141
of
the
EC
Treaty,
nor
to
any
kind
of
payment
by

the
State
aimed
at
providing
access
to
employment
or
maintaining
employment.
(…)

45
2015/2016
©
Yseult
Perilhou

Selec4on
–
legal
framework

Legal framework Recruitment

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