Use these six tips to make sure you don't land up in the same position as the SAPS with so many employees with criminal records…
The A-Z of legal recruitment
• Did you know there are 11 legal requirements for recruitment?
• Do you know how the Employment Equity Act affects your job advertisement?
• Do you know what checks you can legally conduct on an applicant?
• Are you sure your employment contract includes the 16 clauses the law says you must have?
If you don't have all of these aspects correct, you'll be on the wrong side of the law when it comes to your recruitment process. Click here
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Six tips to make sure you don't hire a criminal
Tip#1: Screen job applicants for criminal convictions
Two easy ways to avoid hiring convicted people:
1. Ask your job applicants: 'Have you been convicted of any criminal offence? Please disclose full details, if you have'.
2. Put the following into your disciplinary policy:
'Employees are required to disclose to the employer any previous criminal convictions, or convictions they may acquire after the start of their employment with the employer'.
Tip#2: What to do if your employee commits an offence after you've hired him
If one of your employees commits a crime after you hire him, deal with it as a misconduct issue. Only take disciplinary action against an employee who commits a crime outside working hours if it directly affects your employment relationship.
Tip#3: Only take an actual conviction into account when recruiting
Don't rely on accusations or hearsay when looking at an employee's previous criminal conduct. Only take an actual conviction into account.
Keep reading to find out the next three tips…
Employment Contracts, Recruiting and Independent Contractors…
Make sure you use a legally correct recruitment procedure and updated employment contracts in your company.
Tip#4: How to charge an employee who's lied about his criminal record
If your employee lied about his criminal record you can take disciplinary action against him. When drawing up the charges, use the misrepresentation itself, not the criminal conduct. Misrepresentation is a form of dishonesty and shows bad faith on the employee's part.
Tip#5: Base your dismissal on one of these two grounds
If your employee didn't lie about his record, or it's difficult to prove he was dishonest, you might still be able to dismiss
him. But this must be based on one of the following two grounds, depending on the particular circumstances of each case:
• Incapacity; or
• Operational requirements of the business.
Tip#6: Minor convictions (e.g. road traffic offences)
When it comes to minor convictions like road traffic offences, you shouldn't take action. Except, of course, if he's your driver and it affects his work. Make sure you follow these tips to avoid having more criminals in your workplace than behind bars!
To find out what you can do if an existing employee gets arrested while working for you, go to chapter D16 - Dismissal: Arrested or imprisoned employees of your Labour Law for Managers. Still not a subscriber? Read more here