3 things which you are legally required to tell your new boss in any job interview in South Africa
Trust is the cornerstone of any relationship, and an employment relationship is no exception.
Employees and employers have very specific rights in terms of common law and labour legislation.
This includes having open conversations between employees and management, and clear communication when a boundary has been crossed.
Employer’s rights to information?
The employer has a right to full and accurate information that is important and related to making the decision to employ the candidate.
This right, like all rights, is not absolute and is subject to exceptions, such as when the information relates to personal circumstances.
Section 6 of the Employment Equity Act of 1998 (EEA) prohibits discrimination against job applicants on numerous arbitrary grounds, which includes race, gender, pregnancy and age.
What information is an employer not entitled to?
According to Abrahams & Gross, any information relating to the prohibited arbitrary criteria encompassed in section 6 of the EEA may be withheld.
An interviewer or potential employer may not ask the interviewee questions pertaining to his or her HIV status, marital status, sexual preference or religious practices. A women does not have to state whether she is pregnant.
Questions about disability are also considered to be unfair if such questions are discriminatory – however it is reasonable to enquire how a work environment can be adapted to make a disabled employee more comfortable.
What information must an employee disclose?
- Prior conduct or past transgressions
- Any prior breach of contract
Criminal records and credit checks
A prospective employer may enquire as to any criminal records.