Pre-Employment Screening in Recruitment
What Does Czech Law Say About Pre-Employment Screening in Recruitment?
Trust, but verify — this principle applies to hiring as well. Pre-Employment Screening (PES) can streamline recruitment by checking the accuracy of a candidate’s information, criminal record, or even financial reliability — without running afoul of Czech law.
Hiring is mission-critical for any company. That’s why more employers are turning to background checks before making an offer. While screening is standard and clearly regulated in some countries, in the Czech Republic employers must proceed carefully, especially with respect to personal data protection and labour law.
General Legal Framework
Recruitment balances two legitimate yet competing interests. On the one hand, an employer wants as much relevant information as possible about a potential hire — personnel costs are a major budget item. On the other hand, candidates have a right to privacy, reinforced by the GDPR (effective since May 2018), which protects personal data across the EU.
Czech legislation does not explicitly regulate Pre-Employment Screening, so employers must follow general rules, notably the Labour Code and the Employment Act. Because the legal landscape is complex and spread across multiple regulations, HR teams often — sometimes unknowingly — make mistakes. The most common include:
Requesting a Photo in the CV
A frequent misstep. Requiring a photo is usually not justified — except for roles where appearance is integral to the job (e.g., models, hostesses). In most cases, there is no legal basis to demand it. That said, candidates who include a photo voluntarily may sometimes improve their chances of being invited to interview.
Checking Social Media Profiles
Widely practiced but legally sensitive. Information from personal social media accounts should not be used as a hiring criterion. Although proving misuse is difficult in practice, candidates should remember that their online presence shapes their professional image.
Unlawful Processing of Personal Data During Recruitment
Another common error is asking for consent to process personal data at the very start of recruitment. In some situations, employers may process data without explicit consent — for example, as part of pre-contractual measures (steps necessary to conclude an employment contract) or to fulfil a legal obligation.
Conclusion
Pre-Employment Screening can be a valuable HR tool — provided it respects the legal framework. With the right setup, screening can speed up hiring and improve decisions while remaining fully compliant with Czech and EU law.
