The Curriculum Vitae (CV) is essential when looking for a job. Truly a bibliography of the candidate's professional background, it mentions his or her studies, diplomas, professional experience, and sometimes even political mandates and hobbies. This is personal data subject to the Data Protection Act. The employer must treat it with care.
Deceptive Curriculum Vitae
When faced with job offers that require a large number of skills and/or professional experience, candidates can quickly be discouraged. They may then be tempted to embellish their resume and embroider on their skills to get the job. Between the employee's true lie and the employee's ability to show off, the line is blurred and difficult to find in labor law.
When an employer hires an employee on the basis of a false CV, he can quickly find himself faced with an employee who does not have the skills required for the position. Can the employer terminate the employment relationship with immediate effect? The answer will depend on the circumstances. If the employer did not perform the usual checks during the hiring process, he does so at his own risk.
When confronted with a resume, the employer often has many questions to ask the applicant, particularly about the employee's family situation, the number of dependent children, his or her willingness to have children, his or her hobbies, his or her political opinions, his or her criminal record or the existence of lawsuits. These questions concern the private sphere of the candidate. They are only permissible in very specific situations.
Before deciding on a possible engagement, it is important for the future employer to obtain references from a former employer of a candidate. However, the employee's behavior at his previous place of work and his professional qualities are personal data protected by the Data Protection Act. The former employer cannot give references without the employee's consent.
Nor can the former employer tell the future employer everything about his former employee. The communication of information to an employer must respect the limits imposed by the Data Protection Act.