Employment Background Checks in Germany
In this article by Julia Zange, European Counsel for Legal Firm Jones Day, the author discusses in detail the nuances and legal principles involved in conducting employment screening in Germany. While similar to the United States, German regulations governing employers’ ability to obtain and use background check information differs in a variety of ways.
For example, German employers may ask prospective employees about criminal records or investigations, but only if the offenses are relevant to the position to be filled, much like regulatory trends in the United States.
Unlike in the U.S., German employers may request a certificate of good conduct from the applicant, but only the applicant can obtain it from the police. In addition, all records are deleted after a certain period – between five and 15 years.
Topics covered include:
- Initial Position: The Employer’s Right to Ask
- Background Checks
- Verification of References
- Financial Background
- Criminal Background
- Health Checks
- Internet Inquiries
Article originally published here on page 9 (PDF)
Revised form I-9 must be implemented by employers by May 7, 2013.
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) released a revised Employment Eligibility Verification Form I-9 for use. All employers are required to complete a Form I-9 for each employee hired in the United States.
View revised Form I-9: USCIS Form I-9 (Rev. 03/08/13)N
Improvements to Form I-9 include new fields, reformatting to reduce errors, and clearer instructions to both employees and employers. The Department of Homeland Security has published a Notice in the Federal Register informing employers of the new Form I-9.
- Employers should begin using the newly revised Form I-9 (Rev. 03/08/13)N for all new hires and reverifications.
- Employers may continue to use previously accepted revisions (Rev.02/02/09)N and (Rev. 08/07/09)Y until May 7, 2013.
- After May 7, 2013, employers must only use Form I-9 (Rev. 03/08/13)N.
The revision date of the Form I-9 is printed on the lower left corner of the form. Employers should not complete a new Form I-9 for current employees if a properly completed Form I-9 is already on file.
A Spanish version of Form I-9 (Rev. 03/08/13)N is available on the USCIS website for use in Puerto Rico only. Spanish-speaking employers and employees in the 50 states, Washington, D.C., and other U.S. territories may use the Spanish version for reference, but must complete the English version of the form.
The revised forms are available in English and Spanish online at www.uscis.gov. For more information, please call 888-464-4218. Representatives are available Monday through Friday, from 8 a.m. to 5 p.m. ET.To order forms, call USCIS toll-free at 1-800-870-3676. For downloadable forms and information on USCIS programs, immigration laws, regulations, and procedures, please visit www.uscis.gov.
Auth form kit designed to let employers customize for their own needs
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Please note A-Check is not providing legal advice or counsel. Making available the Consumer Authorization Form Kit to employers should not be deemed as such. Consult with your own legal counsel to determine suitability for use in your particular situation.
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