Applicant Tracking System (ATS) Background Checks Branding Employee Referrals Employee Relocation Employment Offers HR Hiring Policy & Procedures Internships Interviewing Job Boards Job Descriptions Job Posting (Advertising) Legal Aspects (Hiring & On-boarding) Post-Offer Activities Pre-screening Interview Recruiting Agency/Firms Recruiting Metrics Reference Checks Resumes Social Media Recruitment
Applicant Tracking System (ATS) Background Checks Branding Employee Referrals Employee Relocation Employment Offers HR Hiring Policy & Procedures Internships Interviewing Job Boards Job Descriptions Job Posting (Advertising) Legal Aspects (Hiring & On-boarding) Post-Offer Activities Pre-screening Interview Recruiting Agency/Firms Recruiting Metrics Reference Checks Resumes Social Media Recruitment

Legal Aspects (Hiring & On-boarding)

Employee onboarding is a way of ensuring high employee retention. It is the process by which an employer integrates the new employees with the company’s culture. Employees also get the necessary working tools that will enable them to perform the said task effectively. Note that there are some legal aspects when it comes to hiring and onboarding. The employment law protects both the employer and the employee and ensures that you abide by all the legal considerations when hiring employees. So, let’s get straight into the legal requirements for recruitment and selection. 

A Complete Guide to Legal Aspects on Hiring and Onboarding

Hiring is an essential task for any growing organization. It involves seeking qualified individuals to fill in available job functions. It requires a process to ensure that the best people are employed, and there are legal aspects of recruitment within this process. The assumption is that the legal elements begin at the end of the hiring process. In actuality, there are legal aspects that need observation throughout the process.

The type of new employee onboarding determines what legalities to note. For example, candidates seeking positions in upper-level management may need to sign non-disclosure agreements. This may be implemented during the interview process as they come into contact with confidential information about the company.

As part of the new employee onboarding process, hr hiring laws also call for recruiters to avoid asking any discriminatory questions. Discrimination is unnecessary from the job posting until the final contract. Specific parameters such as age, gender, religion, disability, political belief, and sexual orientation should not result in an individual missing out on a job opportunity.

In the pre-testing process, all assessments must be relevant to the job. It is also not legal to create tests that are very restrictive or impossible for candidates to pass. Furthermore, the assessments should avoid asking questions that appear to be an invasion of privacy.

One of the critical aspects of ensuring the right candidates get the job is checking with references before the interview process. Any questions asked towards references can also be brought up in interviews for verification. Also, all inquiries should be related to job performance, work ethics, and other job aspects. Personal and personality-type questions should not be a focus.

Rules for Compliance

Here are some of the legal aspects organizations need to follow to be compliant with the laws on recruitment.

  1. New employees need to accept the employment offer by signing an offer letter or similar documents. This offer should also include what skills are necessary for the job and the responsibilities the employee will carry out.
  2. Following acceptance of the offer, new employees require to fill in a set of tax documents.
  3. Before beginning any position, new employees much be given an employee handbook and confirm that they have reviewed it and agree with all points detailed within it.
  4. Employees new to share an information pack when onboarding new hires. Within this pack should be details outlining the rights of the employee.
  5. As an assurance that none of these items are missing, the HR team needs to have a detailed checklist. All the details for compliance need to be on a list within this checklist. This ensures that there are no gaps in the process, especially if the process is manual rather than through a digital platform.

Legislation relating to recruitment varies from state to state. For organizations that cut across different states, it may be wise to work closely with a recruitment firm that has experience in all the various laws. The laws that are in place are also subject to interpretation, and this may lead to challenges if not done right.

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