{"id":14106,"date":"2025-11-24T13:35:50","date_gmt":"2025-11-24T11:35:50","guid":{"rendered":"https:\/\/bargen.com.ua\/?p=14106"},"modified":"2026-09-10T11:45:59","modified_gmt":"2026-09-10T09:45:59","slug":"background-check-of-candidates-before-employment-what-is-allowed-for-the-employer","status":"publish","type":"post","link":"https:\/\/bargen.com.ua\/en\/2025\/11\/24\/perevirka-kandydativ-pered-pratsevlashtuvannyam-shho-dozvoleno-robotodavtsyu\/","title":{"rendered":"Pre-employment background checks: what is permitted for an employer?"},"content":{"rendered":"
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Candidate screening is a normal and widespread practice for an employer, but the law establishes clear limits to prevent interference with privacy, violation of personal data protection principles, and labor rights of the future employee.<\/span><\/p>

In the article, the expert explains which checks are legal, when a candidate's consent is required, and how an employer should act when an applicant refuses an additional check.<\/span><\/p>

Life situation:<\/strong><\/span><\/h3>

A man wants to get a job as a driver-forwarder at a logistics company. The company wants to check the candidate for the absence of criminal records and offenses, since the job involves responsibility for expensive goods. The candidate provides copies of documents, but refuses to undergo additional verification by the commercial security service. The company has doubts whether the data he provided is sufficient and whether it is possible to insist on a broader verification. How not to violate the rights of the candidate, but also not to let a dishonest person to work?<\/span><\/p>

When vetting a candidate, an employer must be guided by such basic legislative acts as the Constitution of Ukraine, the Labor Code of Ukraine, and the Law of Ukraine On the Protection of Personal Data.<\/span><\/p>

Can reference checks be conducted without the candidate's consent?<\/strong><\/span><\/h3>

No, you can't<\/strong>. Contacting a former employer for a reference or recommendation is effectively the collection of personal data about a candidate, as well as the transfer and receipt of the candidate's personal data to and from third parties. Pursuant to the Law of Ukraine \u00abOn Personal Data Protection\u00bb (Clauses 5 and 6 of Article 6, Clause 1 of Article 11 of the Law), processing (including collection and dissemination) can only be performed with the candidate's consent or in the presence of a separate legal basis, which does not exist in this case.<\/span><\/p>

The best solution is to obtain written consent from the candidate to collect recommendations, specifying which exact previous employers the company may contact.<\/span><\/p><\/blockquote>

Can the employer demand a police clearance certificate?<\/strong><\/span><\/h3>

It depends on the position<\/strong>. Article 24 of the Labor Code of Ukraine defines the list of documents that an employee submits upon employment, and a police clearance certificate is not among them. Moreover, Article 25 of the Labor Code of Ukraine explicitly prohibits demanding from a candidate any documents or information not provided for by law. At the same time, there are professions for which the absence of a criminal record is a mandatory requirement under the law. These include, for example, educators, civil servants, employees who deal with weapons, narcotic drugs, or perform functions that require special trust. In such cases, the employer not only has the right, but even obliged<\/strong> demand a certificate.<\/span><\/p>

Regarding the driver-forwarder in the described situation<\/strong>The employer cannot demand a certificate by force, because the law does not provide for this. However, they can ask to provide it voluntarily, explaining this by the fact that the job involves financial liability and access to valuable goods.<\/span><\/p>

Is it allowed to check a candidate's credit history?<\/strong><\/span><\/h3>

Not without the candidate's consent.<\/strong> Information about credit history is usually not directly related to an employee's professional duties. Specifically, the requirement to provide such information will be regarded as excessive, but an employer may ask a candidate to provide such a certificate or grant permission to obtain this information. Such a request may be justified and logical for positions related to:<\/span><\/p>