Job interview - allowed and prohibited questions

Service Business

An interview is a very stressful stage of recruitment for a future employee, so it is worth ensuring the right atmosphere, among others by not asking personal questions to the candidate. Check what questions should be avoided during the interview!

Job interview - what can be asked

Pursuant to Art. 221 of the Labor Code, the employer may ask the candidate for the name and surname, parents' names, date of birth, place of residence, correspondence address, education and the course of previous employment. Questions that differ from those mentioned above should be justified by specific regulations related to the characteristics of the job in a given position. Therefore, natural questions are those relating to the candidate's experience, scope of duties, completed internships or education.

The interview is not a place for questions about hobbies, which recruiters quite often ask to find out about the nature of the job applicant, also concern the private sphere, so the candidate has the full right not to answer them. It is also worth paying attention to the fact that you do not use practices of concealing questions about your private life in your statements. Often, recruiters, by seemingly "confiding", i.e. telling a story about their family life, force the candidate to give feedback in the same form, thus obtaining answers to "forbidden questions".

Job interview - questions that should not be asked

The interview does not entitle the prospective employer or recruiter to ask the candidate questions about his private life. Women are most often asked about their planned motherhood, marital status and, in general, about their future and present family life. The employer may ask if a woman is pregnant only if the position she is applying for is prohibited for pregnant women due to difficult working conditions.

In addition, the candidate does not have to answer questions about political views, addictions (a common problem of smoking cigarettes), religion or ethnicity. The employer also has no right to ask about the health of the job applicant, unless the position requires a medical certificate that there are no contraindications for its performance - then he may ask the candidate to present such a certificate.

In job offers it is quite common to have a car as one of the requirements, but the recruiter should not ask about having your own 4 wheels, because it concerns the private sphere.

The question of criminal liability is also a controversial issue. A frequent practice in companies is the obligation to submit a certificate of good conduct. It is worth knowing that a clear criminal record is required only if the candidate applies for a job in the uniformed services, the civil service, as a representative of a profession related to security, and when applying for the position of a member of the management board and supervisory board or accounting advisor. It may also happen that the employer asks for such a certificate, but then has to justify it and support it with a legal basis.

Penalty for discriminating against a candidate - interview

If, during the interview, the recruiter asks inadequate questions regarding, for example, child planning or illegally processes personal data, he may be prosecuted for this. Everything will depend on the candidate, as he will have the right to claim financial compensation. The employer will also be prosecuted if the applicant for the position shows that he was discriminated against in the recruitment procedure.

When we are asked about our private life and we care about the position, it may be worth considering whether we want to work in a company where our personal sphere will cease to be so.