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Include these 5 legally-compliant points in your recruitment policy

by , 19 November 2015
You, as the employer, must recruit all employees in a way which gives you a suitably qualified individual.

But you also need to do it in a way that's fair and legally-compliant. Failure to do so could see you liable for a fine of R1.2 million, or even as much as 10% of your turnover.

Now, in order to facilitate compliance, you should have a recruitment and selection policy in place.

This policy deals with the entire recruitment process. In other words, it must include all of the procedures and processes when recruiting employees.

So then, don't be caught out! Ensure your recruitment and selection policy is legally compliant with these 5 points...


Whatever you do, DON'T discriminate in your recruitment and selection policy. If you do , you'll be falling out of line with the Employment Equity Act, after which you'll face the above-mentioned penalties.


Ensure that all recruitment and selection is in line with your Employment Equity (EE) Plan.

If you know you're required to have a certain percentage of employees, from designated groups, in your company, state this in your recruitment and selection plan so you know which employees to include.

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Ensure your job application forms standardise the information you receive from prospective employees. This is so that you can avoid the possibility of unfair discrimination.


Keep copies of all documents relating to each stage of the recruitment process for a reasonable period of time.


ONLY use background checks to clarify information which has been provided to you by job applicants.

DON'T conduct any background checks which will discriminate against potential employees.
Do you want to learn more useful information on recruitment policies? Then subscribe to the Practical Guide to Human Resources Management today.

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