6 ways to check a future employee for free on a criminal record, debts and having your own business

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6 ways to check a future employee for free for a criminal record, debts and having your own business.

The selection of any employee is a complex process of questioning, interviewing and testing. Even more difficult is the adaptation of the hired employee, control and effective management. Attracting new people to the team, we must know their strengths and weaknesses. But, more importantly, we must be aware of the risks that this or that person may entail. Today we’ll talk about possible risks if the employer does not carry out periodic inspections of its employees.

It is appropriate to start talking about assessing the reliability of a particular candidate with the urgent issue of processing his personal data. I will immediately answer the question of the majority of security service employees and personnel officers about the legality of processing, including checking the personal data of applicants and employees. This is possible only on the basis of the consent of the personal data subject to such processing (Article 9 of the Federal Law of July 27, 2006 No. 152-FZ " About personal data ", hereinafter referred to as the Law on Personal Data). However, consent is quite easy to obtain - as a rule, a clause about it is available in each candidate’s questionnaire, which is filled out before the interview. Employment of a citizen and conclusion of an employment contract with him are among the most common reasons to process his personal data. Finally, according to h. 1 tbsp. 22 of the Personal Data Act you, as an employer, are not required to notify the authorized body for the protection of the rights of personal data subjects of your intention to process the personal data of the employees hired.

So, on legal grounds, you received a questionnaire for a job applicant in your organization. Now your task is to check the accuracy of the information presented in the questionnaire and identify possible risks for cooperation with this candidate. Personal Data Act allows us to further process and verify personal information subject to several conditions: the consent to this processing, the use of exclusively public sources of personal data and non-dissemination of processing results to third parties ( Art. 5-9 of the Personal Data Act )

We have already received consent for processing, so we will move on to the concept of “publicly available personal data”. By definition, this includes personal data, access to an unlimited number of persons to which is provided with the consent of the subject of personal data or to which, in accordance with federal laws, the requirement of confidentiality does not apply. In simple terms, this is all the data that you can freely access, that is, materials on the Internet, checking the recommendations of candidates, etc. But we are primarily interested in regularly updated sources of information from the global web.

These online sources include:

• resources containing information on the search for individuals (Interpol, Ministry of Internal Affairs, Federal Security Service, Federal Penitentiary Service, Federal Service for Financial Monitoring, Rosfinmonitoring: - INTERPOL , Rosfinmonitoring - List of terrorists and extremists (current) , Attention wanted! , Attention wanted , Services - Federal Bailiff Service
• Resources designed to verify the validity of the main documents of an individual (passport, TIN, university diploma): Checku demo , Get TIN , Checking the availability of information in the federal information system of the FRDO
• Resources containing information on the existence of problem debts by an individual (loans, taxes, enforcement proceedings and collateral, bankruptcy of a candidate): Check the counterparty online for credit history checking the counterparty. Counterparty Verification System , Find out tax arrears. Check and pay without registration. , Services - Federal Bailiff Service , https://www.reestr-zalogov.ru/state/index# , https://bankrot.fedresurs.ru
• Resources containing information on the participation of an individual in legal proceedings (criminal, administrative or civil): GAS RF "Justice"
• Resources containing information on the participation of an individual in the activities of business entities (legal entities or individual entrepreneurs): EXCEPTIONAL BUSINESS - All-Russian company and business data system , https://www.online
• accounts of verified individuals in social networks: Yandex , https://pipl.com/ .

According to statistics from our organization, about 15% of candidates are, to one degree or another, "problematic."

So what risks can an employer face if he hires such an employee?

Firstly, if you hire a wanted person, the head of the enterprise can be prosecuted for concealing a criminal ( Art. 316 of the Criminal Code ) In this regard, one should not ignore the verification of the validity of the candidate's documents, as they can simply turn out to be fake. Also, do not blindly trust the recommendations (both written and oral) of the candidate, they can easily be faked.

Secondly, the debt problems of the applicant are the risk that he will solve financial difficulties at the expense of the employer. Moreover, the employer may be required to pay the employee's tax debts, and in case of refusal to be fined.

Thirdly, the risks of property offenses may be increased in organizations that have hired an employee previously convicted of fraud, theft or other type of property crime. Likewise, one should not wait for official zeal on Fridays from people often brought to administrative responsibility for the use of alcoholic beverages or drugs.

Fourth, the candidate’s own business is a good reason to ask, why should he even have a job? Maybe he is a nominal leader and is engaged in illegal activities. Or he is your competitor and, having got a job in this organization, wants to steal the secrets of production.

Fifthly, do not ignore social networks. In my practice, there were criminals who forged documents, got employed in transportation, and then disappeared along with the cargo. Most of them forgot that the passport in which they had pasted the photo also had an owner, and the owner had an account on the social network. True, already with his real photo.

Having checked once, when hiring candidates, one should not neglect the periodic rechecking of workers already. The fact is that the legal proceedings in Russia are quite long, therefore, up-to-date information about the applicant will not always be available in online format at the time of verification. Moreover, the degree of trustworthiness of the employee may be deteriorated already in the process of work. Therefore, I recommend our customers to carry out such cross-checks at least once every six months.

GARANT.RU: 6 ways to check a future employee for free for a criminal record, debts or having your own business