The Romanian Labour Code limits the background checks that an employer can carry out regarding its potential candidates.
As a general rule, the following background checks are permitted by Labour Code:
- information required by employer to candidates during background check may have the only purpose to appreciate the candidate’s capacity to occupy the relevant job and his/her professional abilities.
- employer may request information from former employers in relation to the candidate only on the activities performed and duration of employment, provided however that it informs the candidate first.
In certain cases provided by law supplementary background checks may be compulsory, such as:
- A criminal record must be provided by the candidate to the employer for certain positions such as: public servants, storekeepers, security guards, etc.
- A certificate of behavioral integrity must be presented to employers by candidates applying for work in institutions from the education, health, social protection system or in any other entity, public or private, whose activity involves direct contact with children, elderly people, people with disabilities or other categories of vulnerable people. The certificate of behavioral integrity reflects if a person is registered or not in the Automated National Register regarding persons who have committed sexual crimes, exploitation of certain persons or against minors.
Where law does not require a criminal record, employer should carefully assess the possibility to ask the candidate to present his/her criminal record solely based on the prevailing legitimate interest of the employer. Requesting such records even with the express consent of the prospective employee is debatable as the voluntary nature of such consent might be challenged.
Pregnancy tests cannot be requested upon hiring unless a specific job position is prohibited to pregnant or nursing women due to the nature and particular conditions of the respective work.
Background checks can be performed by employers or by service providers.