The global solution for human resource professionals, combines custom research, strategic white papers, country primers, webinars and OnDemand educational programs, and the expert guidance...
By Ed Taylor
Brazil's superior labor court has issued a ruling that companies cannot demand proof that a job candidate does not have a criminal record.
The court on April 20 listed exceptions such as security guards and positions that demand “confidence,” but in all other cases, according to the decision, a request for proof of a clean record would constitute a “moral offense” for a job candidate.
The court's ruling came in two cases involving employees who sued their employers for damages on the grounds that the demand for proof of lack of a criminal record constituted an invasion of their intimacy and offended their dignity.
Lower courts ruled in favor of the employers in both cases, but the superior court, Brazil's highest labor court, overturned those decisions and awarded damages. The court also stated that its ruling constitutes a binding precedent, requiring all Brazil's labor courts to award damages in similar cases.
The employers in their defense argued that the existence or nonexistence of a criminal record constitutes public knowledge to which they should have access without the involvement of their job candidates and which would therefore not constitute moral offense.
The superior labor court's majority, however, ruled that this type of information deals with the personal lives of job candidates and demanding it constitutes an invasion of privacy and a violation of their rights.
To contact the reporter on this story: Ed Taylor in Rio de Janeiro at email@example.com
To contact the editor responsible for this story: Rick Vollmar at firstname.lastname@example.org
For more information on Brazilian HR law and regulation, see the Brazil primer.
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)