This document provides an overview of selection and data handling legal frameworks in 14 countries. It includes sections on Algeria, discussing few specific laws around employee data handling and prohibiting discrimination based on gender. It also covers Austria, outlining anti-discrimination laws adapted from the European Directive and prohibiting criteria such as gender, age, and family status. The section on Brazil notes anti-discrimination laws in the constitution and labor code, prohibiting requirements around sterilization or pregnancy status.
3. 3
2015/2016
Selec4on
–
legal
framework
Algeria
• h @ p : / / w w w . d o i n g b u s i n e s s . o r g / d a t a /
exploreeconomies/algeria/labor-‐market-‐
regula4on
• h@p://ec.europa.eu/an4_fraud/documents/
countries/algeria_en.pdf
Regarding
the
handling
of
Employee
Data:
Algeria
has
few
specific
laws
regarding
the
handling
of
employee
data
According
to
the
Algerian
Legal
Council
Decision
with
the
European
Union
under
OJL
265/1
in
Ar4cle
10
Sec4on
2:
"Personal
data
may
be
exchanged
only
where
the
contrac4ng
party
which
may
receive
them
undertakes
to
protect
such
data
in
at
least
an
equivalent
way
to
the
one
applicable
to
that
par4cular
case
in
the
contrac4ng
party
that
may
supply
them.
To
that
end,
the
contrac4ng
par4es
shall
inform
each
other
of
their
applicable
rules,
including,
where
appropriate,
legal
provisions
in
force
in
the
member
states
of
the
Community"
Discrimina4on
act
(Ar4cle
L1132-‐1
Last
updated
2014)
h@p://www.legifrance.gouv.fr/affichCodeAr4cle.do?
idAr4cle=LEGIARTI000028650462&cidTexte=LEGITEXT000006072050
4. 4
2015/2016
Selec4on
–
legal
framework
Algeria
•
Algerian
women
are
not
legally
restricted
in
choosing
certain
jobs
• The
Family
Code
Clause
states
that
women
must
abide
by
the
duty
of
obedience,
in
reference
to
Sharia
law
• For
example,
data
collec4on
from
the
WEF
shows
that
the
earned
income
(PPP
US$)
pay
gap
between
men
and
women
has
the
average
woman
making
0.36
of
what
the
typical
male
salary
is.
• Algeria
granted
women's
rights
regarding
civil
liber4es
and
employment
in
2008,
thus
allowing
women
to
work
many
of
the
same
jobs
as
men
Discrimina3on:
h@p://www.yourmiddleeast.com/opinion/how-‐to-‐tackle-‐the-‐algerian-‐womans-‐
struggle-‐against-‐social-‐expecta4ons_26524
h@p://www3.weforum.org/docs/GGGR11/Algeria.pdf
h@p://www.genderindex.org/country/algeria
6. 6
Selec4on
–
legal
framework
Austria
• Prohibi4on
concerns
both
direct
and
indirect
discrimina4on
• It
covers
rewarding,
stock
&
ac4on
distribu4on,
company
bonus,
training,
reclassifica4on,
promo4ons,
assignment,
qualifica4on,
classifica4on,
contract
renewal
and
mobility
offers
• The
law
provides
for
employee
status,
and
also
traineeships
&
in-‐company
trainees
• Adapted
from
the
European
Direc3ve
• Unauthorized
discrimina3ng
criteria:
Origin,
gender,
ways
of
life,
sexual
orienta4on,
age,
family
situa4on,
pregnancy,
gene4c
characteris4cs,
proved
or
alleged
membership
to
a
race
or
na4on,
poli4cal
opinions,
union
or
society
ac4vi4es,
religious
convic4ons,
physical
appearance,
family
name,
health
situa4on
or
handicap
• Specifici4es:
The
General
Equal
Treatment
Act
Law
is
not
valid
for
discrimina4on
because
of
a
handicap,
therefore
exists
an
extra
law
Discrimina4on
act
h@ps://media.arbeiterkammer.at/wien/PDF/Publika4onen/
ArbeitundRecht/An4diskriminierung_im_Betrieb.pdf
h@ps://www.arbeiterkammer.at/beratung/arbeitundrecht/
arbeitsklima/Diskriminierung.html
IBP
Class
2016
7. 7
Selec4on
–
legal
framework
Austria
• Employees
have
a
right
to
access
their
file
and
all
data
that
may
have
been
used
to
take
decisions
regarding
them
(selec4on,
career
evolu4on,
remunera4on
decisions,…)
• Data
security
is
the
responsibility
of
the
organiza4on
whether
it
is
kept
in
Austria
or
abroad
• The
organiza4on
can
completely
forbid
to
use
the
internet
for
private
purposes
If
the
organiza4on
does
not
forbid
to
use
the
internet
for
private
purposes,
the
employee
is
allowed
to
use
it
• Urine
tests
and
blood
test
are
forbidden
• Wri@en,
voice,
photo,
video,
geo-‐
tracking,
biometric
data
or
computer
registra4ons
and
personnel
data
may
be
gathered
and
controlled
only
for
relevant
purposes
and
employees
should
always
be
informed
of
it
• No
data
regarding
discrimina4on
criteria
may
be
required
nor
kept
in
employee
files
unless
for
legal
purposes
(age,
social
security
number
for
example)
Data
gathering
&
publicizing
h@ps://ooe.arbeiterkammer.at/beratung/arbeitundrecht/
ueberwachung_am_arbeitsplatz/
Private_Internetnutzung.html
h@ps://www.bka.gv.at/site/5808/default.aspx
h@ps://wien.arbeiterkammer.at/beratung/
arbeitundrecht/arbeitsklima/
Privatsphaere_am_Arbeitsplatz.html
h@ps://www.wko.at/Content.Node/Service/Arbeitsrecht-‐
und-‐Sozialrecht/Arbeitsrecht/Betriebsrat-‐-‐-‐
Betriebsvereinbarung-‐-‐-‐Kollek4vvertrag/
Einsichtsrechte_des_Betriebsrates.html
IBP
Class
2016
9. 9
Selec4on
–
legal
framework
Brazil
The
following
discriminatory
prac4ces
cons4tute
a
crime:
•
the
requirement
for
tes4ng,
examina4on,
inves4ga4on,
report,
cer4ficate,
statement
or
any
other
procedure
rela4ng
to
steriliza4on
or
pregnancy
status;
• induce
or
incite
gene4c
steriliza4on;
promo4on
of
birth
control,
thus
not
considered
offering
advice
or
services
and
family
planning,
conducted
by
public
or
private
ins4tu4ons
An3-‐discrimina3on
laws
in
Brazil
are
present
in
the
Cons3tu3on
of
Brazil
in
the
Labour
law,
in
the
Child
and
Adolescent
law,
in
the
Ageing
law
in
the
Penal
Code.
• The
Brazilian
Cons3tu3on
prohibits
all
forms
of
discrimina3on
(Age,
Race,
Color,
Na3onal
origin,
Disability,
Religion,
Sex,
Marital
status,
Poli3cal
affilia3on,
Pregnancy,
Ci3zenship)
by
federal
and
state
governments
and
the
country's
popula3on.
Specifici4es:
Everything
is
regulated
by
na4onal
legisla4on
(especially
job
contracts)
Consolidação
das
Leis
do
Trabalho
—
bring
together
all
of
the
employee
rights
An4-‐Discrimina4on
Laws
in
Brazil
(Wikipedia.com;
last
updated
NOV
2015)
h@ps://en.wikipedia.org/wiki/An4-‐discrimina4on_laws_in_Brazil
IBP
Class
2016
Reference
to
local
legisla4on
to
be
found
10. 10
Selec4on
–
legal
framework
Brazil
No
general
personal
data
protec3on
legisla3on
in
Brazil.
It
is
currently
developing
an
internal
legal
framework
that
increases
the
regula4on
on
this
ma@er
and
the
level
of
protec4on.
Data
Protec4on
Day
of
2015,
the
Brazilian
Ministry
of
Jus4ce
opened
up
a
consulta4on
reques4ng
about
a
new
version
of
the
Data
Protec4on
Bill.
Brazil
currently
only
gives
sectorial
protec4on
to
personal
data!
Ideas
of
Data
Protec4on
2015:
• employees
have
no
general
right
to
privacy
related
to
their
employers
while
performing
labour
ac4vi4es
inside
the
boundaries
of
the
organisa4on,
no4ce
is
necessary
to
validate
monitoring
ac4vi4es.
•
private
communica4ons
(private
e-‐mail,
private
calls
and
social
networks)
cannot
be
monitored
by
the
employer,
even
if
this
is
authorised
during
work
hours!
Data
gathering
&
publicizing
ICLG
h@p://www.iclg.co.uk/prac4ce-‐areas/data-‐protec4on/data-‐
protec4on-‐2015/brazil#chaptercontent10
IBP
Class
2016
Reference
to
local
legisla4on
to
be
found
12. 12
Selec4on
–
legal
framework
Hungary
Working
condi4ons
set
forth
in
the
collec4ve
bargaining
agreement
entered
i n t o
b e t w e e n
t h e
e m p l o y e e s ’
representa4ve
body.
Maternity
leave
lasts
for
24
weeks.
Thereawer
a
mother
is
en4tled
to
unpaid
leave
un4l
the
child
becomes
three
years
old.
Unauthorized
discrimina3ng
criteria:
There
is
discrimina4on
if
a
person
or
a
group
is
treated
less
favourably
than
another
person
or
group
in
a
comparable
situa4on
because
of
his/her
sex,
racial
origin,
colour,
na4onality,
na4onal
or
ethnic
origin,
mother
tongue,
disability,
state
of
health,
religious
or
ideological
convic4on,
poli4cal
or
other
opinion,
family
status,
motherhood
(pregnancy)
or
fatherhood,
sexual
orienta4on,
sexual
iden4ty,
age,
social
origin,
financial
status,
due
to
the
part-‐4me
nature
or
definite
term
of
the
employment
or
other
employment-‐related
rela4onship,
membership
in
an
organiza4on
represen4ng
employees’
interests,
or
other
status,
a@ribute
or
characteris4c.
Specifici4es:
All
employment
contracts
and
no4ces
must
be
wri@en.
Discrimina4on
act
h@p://www.legisla4online.org/topics/country/25/topic/84
h@p://www.era-‐comm.eu/oldoku/Adiskri/01_Overview/
2011_04%20Chopin_EN.pdf
13. 13
Selec4on
–
legal
framework
Hungary
Working
condi4ons
set
forth
in
the
collec4ve
bargaining
agreement
entered
i n t o
b e t w e e n
t h e
e m p l o y e e s ’
representa4ve
body.
Maternity
leave
lasts
for
24
weeks.
Thereawer
a
mother
is
en4tled
to
unpaid
leave
un4l
the
child
becomes
three
years
old.
Unauthorized
discrimina3ng
criteria:
There
is
discrimina3on
if
a
person
or
a
group
is
treated
less
favourably
than
another
person
or
group
in
a
comparable
situa3on
because
of
his/her
sex,
racial
origin,
colour,
na3onality,
na3onal
or
ethnic
origin,
mother
tongue,
disability,
state
of
health,
religious
or
ideological
convic3on,
poli3cal
or
other
opinion,
family
status,
motherhood
(pregnancy)
or
fatherhood,
sexual
orienta3on,
sexual
iden3ty,
age,
social
origin,
financial
status,
due
to
the
part-‐3me
nature
or
definite
term
of
the
employment
or
other
e m p l o y m e n t -‐ r e l a t e d
r e l a 3 o n s h i p ,
membership
in
an
organiza3on
represen3ng
employees’
interests,
or
other
status,
aSribute
or
characteris3c.
Specifici4es:
All
employment
contracts
and
no4ces
must
be
wri@en.
Discrimina4on
act
h@p://www.legisla4online.org/topics/country/25/topic/84
h@p://www.era-‐comm.eu/oldoku/Adiskri/01_Overview/
2011_04%20Chopin_EN.pdf
15. Data
collec4on
Protec4on
under
equal
remunera4on
act-‐
The
equal
remunera4on
act
1976
addresses
employee
discrimina4on
issues
with
respect
to
wages,
work-‐
transfers
and
promo4ons.
Protec4on
for
persons
with
disabili4es-‐
As
a
party
to
the
united
na4ons
conven4ons
on
the
rights
of
people
with
disabili4es,
India
is
bound
to
integrate
the
principles
embedded
in
the
CRPD
into
laws
that
safeguard
the
rights
of
the
disabled.
Protec4on
of
sexual
harassment
against
female
employees-‐
laid
down
in
1997.
India
h@p://www.nishithdesai.com/fileadmin/user_upload/pdfs/
Indian_laws_on_employee_and_workplace_discrimina4on
_and_harassment.pdf
16. Data
collec4on
Law
on
data
privacy
and
its
effect
upon
the
employers-‐
The
informa4on
technology
act-‐2000
(IT
act)
is
the
only
legisla4on
which
has
a@empted
to
address
the
issue
of
data
protec4on
and
privacy.
Employers
collect
sensi4ve
personal
data
or
informa4on
only
for
the
purposes
of
selec4on
and
record
reten4on,
employee
evalua4on
or
for
other
business
processes.
Mishandling
of
the
data
may
cause
consequences
and
result
wrongful
loss
or
wrongful
gain.
In
this
case
the
employer
is
liable
to
pay
a
compensa4on
of
1,000,000
dollars
or
its
inr
equivalent
of
5
crores.
(According
to
the
IT
act).
India
h@p://www.nishithdesai.com/fileadmin/user_upload/pdfs/
The_Indian_legal_posi4on_on_employee_data_protec4on
_and_employee_privacy.pdf
18. 18
Selec4on
–
legal
framework
Israel
• Making
of
irrelevant
condi4ons
if
these
fi e l d s
s h o u l d
b e
r e g a r d e d
a s
discrimina4on
• Job
adver4sements
should
be
published
containing
both
masculine
and
feminine
gender
• Unauthorized
discrimina3ng
criteria:
sex,
sexual
tendencies,
personal
status,
age,
race,
religion,
na3onality,
country
of
origin,
views,
party
or
dura3on
of
reserve
service
• Working
fields
covered
by
the
law
against
discrimina3on:
acceptance
for
employment;
terms
of
employment;
advancement
in
employment;
voca3onal
training
or
supplementary
voca3onal
training;
dismissal
or
severance
pay;
benefits
and
payments
for
employees
in
connec3on
with
their
re3rement
from
employment
• Specifici4es:
Employer
should
not
ask
for
military
profile
of
(future)
employee
and
make
any
decisions
based
on
it.
FYI:
military
profile
includes
person’s
medical
suitability
Employment
(Equal
Opportuni4es)
Law,
5748
–
1988
h@p://www.moit.gov.il/NR/rdonlyres/2654DA40-‐7F3A-‐44DE-‐
AC90-‐813996BD7570/0/25.pdf
IBP
Class
2016
19. 19
Israel
Principles
apply
for
collec4ng
and
keeping
data:
• No
monitoring
without
consent
• Purposeful
processing
• Transparency
• Right
of
access
• Data
collec4on
controls
• Data
loca4on
controls
• Informa4on
security
• Trainings
• Audits
• Data
may
be
gathered
and
controlled
only
for
relevant
purposes
and
employees
should
always
be
informed
of
it
• Employees
have
a
right
to
access
their
data
• Balanced
policy
for
use
of
corporate
IT
and
email
systems
• Three
levels
of
accounts:
professional
purpose
(may
be
monitored
by
employer),
dual
purpose
(employer
may
monitor
personal
messages
only
due
to
some
circumstances),
personal
account
(accessed
by
employer
only
by
court
decision)
Privacy
Protec4on
in
Recruitment
Procedures
and
Work
Placement
Services
ILITA
h@p://www.or-‐hof.com/workplace-‐privacy-‐under-‐israeli-‐
law/
h@p://www.jus4ce.gov.il/En/Units/ILITA/Pages/
Legisla4on-‐and-‐other-‐documents.aspx
IBP
Class
2016
Selec4on
–
legal
framework
21. New
private
sector
labour
law
(New
private
sector
labour
law
no.
6
of
2010,
Last
amended
by:
Law
no.
90
of
2013
(effec4ve
17.03.2013)
h@p://gulfmigra4on.eu/database/legal_module/Kuwait/Na4onal%20Legal
%20Framework/Labour%20Migra4on/2.2%20Labour%20Law
%206%202010_EN.pdf
h@ps://en.wikipedia.org/wiki/LGBT_rights_in_Kuwait
h@ps://www.cons4tuteproject.org/cons4tu4on/Kuwait_1992.pdf
Kuwait
• Freedom
of
religion,
Ar4cle
35
• Freedom
of
expression,
Ar4cle
36
• Freedom
of
opinion/thought/conscience,
Ar4cle
36
• Freedom
of
associa4on/Right
to
join
trade
unions
,
Ar4cle
43
These
rights
are
guranted
by
Kuwait‘s
Cons4tu4on
of
1962,
Reinstated
in
1992
New
private
sector
labour
law
no.
6
of
2010:
Ar4cle
22:
Women
shall
not
be
employed
at
night
between
10:00
pm
to
7:00
am,
save
those
who
work
in
hospitals,
health
centers,
private
treatment
houses
and
other
health
ins4tu4ons.
Ar4cle
23:
Women
shall
not
be
employed
in
ins4tu4ons
which
provide
service
exlusively
for
men.
Ar4cle
46
prohibits
an
employer
from
termina4ng
a
worker‘s
employment
without
just
cause,
or
for
any
of
the
following
reasons:
par4cipa4ng
in
union
ac4vity,
demanding
or
enjoying
his
legal
rights,
on
ground
of
sex,
religion
or
origin.
• Specifici4es:
• There
is
no
protec4on
of
LGBT
(lesbian,
gay,
bisexual,
and
transgender)
people.
• Being
of
LGBT
is
prosecuted
under
the
"debauchery"
law.
• The
same-‐sex
sexual
ac4vity
is
prohibited
by
law
(up
to
6
years
imprisonment).
Selec4on
–
legal
framework
22. Kuwait
Data
gathering
&
publicizing
I
didn‘t
find
any
law
or
a
direc4ve
law
that
regulates
or
is
concerned
about
employees
data
gathering
&
publicizing
when
employed
Selec4on
–
legal
framework
Other
informa4on
on
Legal
Selec4on
framework
The
work
contract
shall
be
made
in
three
copies,
one
for
each
party
and
the
third
shall
be
lodged
with
the
competent
authority
at
the
Ministry
Due
to
effec4ve
form
of
immigra4on
control
there
is
a
sponsorship
system
in
Kuwait.
If
you
are
foreigner
willing
to
work
in
Kuwait
the
most
probably
your
sponsorship
will
be
your
employer.
A
sponsor
acts
as
a
sort
of
guardian
as
well
as
guarantor
and
must
undertake
all
administra4ve
work
(i.e.
paperwork)
on
behalf
of
the
foreigner.
Sponsor
is
responsible
for
you
and
he
might
confiscate
your
passport
for
the
4me
you
work
for
him.
You
have
to
have
an
approval
of
a
sponsor
before
leaving
the
country.
24. 24
2015/2016
Selec4on
–
legal
framework
Luxemburg
Specifici4es:
Existence
of
“non-‐discrimina4on
principle”
between
part-‐4me
and
full-‐
4me
employment
-‐>
they
have
to
be
treated
equally
Exep4on:
different
treatment
based
on
the
character
is
not
seen
as
discrimina4on
• Discrimina3on
based
on
sex,
na3onality,
race
or
ethic
origin,
trade
union
membership,
religion,
handicap
and
age
is
illegal
in
Luxemburg.
• Valid
for
all
kinds
of
jobs,
trainings,
employment
and
working
condi3ons,
salary
and
membership
of
organiza3ons
Discrimina4on:
• h@p://www.equalitylaw.eu/country/
luxembourg
• h@p://www.legisla4online.org/
topics/country/16/topic/84
IBP
Class
2016
25. 25
Selec4on
–
legal
framework
Luxemburg
Gene4c
data
can
not
be
processed
Prohibi4on
of
the
ptocessing
of
criminal
data
• Authorisa4on
of
data
processing
has
to
be
given
by
the
Data
Processing
Authority
• Medical
data
is
processed
with
regards
to
the
employee’s
surveillance
• Alcohol
and
drug
tes4ng
is
not
addressed
• Sensi4ve
data
can
be
processed
if
necessary
for
the
fulfilment
of
specific
rights
and
obliga4ons
of
the
controller
by
an
extend
that
is
defined
by
a
legal
provision
Data
gathering
&
publicizing
• h@ps://fra.europa.eu/sites/default/files/fra-‐2014-‐
handbook-‐data-‐protec4on-‐law-‐2nd-‐ed_en.pdf
• h@p://www.cnpd.public.lu/fr/index.html
IBP
Class
2016
27. Moroccan
laws
are
primarily
based
on
French
civil
law
and
Islamic
law
(Shari’a)
Labour
legisla4on
:
Elimina4on
of
forced
labour;
Elimina4on
of
child
labour,
protec4on
of
children
and
young
persons,
Workers
with
family
responsibili4es
CEDAW
-‐
Conven4on
on
the
Elimina4on
of
All
Forms
of
Discrimina4on
against
Women
-‐
interna4onal
bill
of
rights
for
women
consis4ng
of
a
preamble
and
30
ar4cles,
defines
what
cons4tutes
discrimina4on
against
women
and
sets
up
an
agenda
for
na4onal
ac4on
to
end
such
discrimina4on.
Law
prohibited
against
employees,
discrimina4on
based
on
race,
color,
sex,
disability,
marital
status,
religion,
poli4cal
opinion,
trade
union
membership,
na4onal
extrac4on
or
social
origin
Lesbians,
gay,
bisexual
and
transgender
(LGBT)
in
Morocco
may
face
legal
challenges.
The
recogni4on
is
s4ll
subject
to
taboos
and
homosexuality
is
punishable
under
Moroccan
law
Discrimina4on
act
h@p://www.ilo.org/dyn/natlex/natlex4.detail?
p_lang=en&p_isn=71217&p_country=MAR&p_count=661&p_classifica4on=05&p_clas
scount=7
h@p://www.unicef.org/gender/files/Morroco-‐Gender-‐Eqaulity-‐Profile-‐2011.pdf
h@p://www.un.org/womenwatch/daw/cedaw/
Morocco
Labor
Laws
and
Regula4ons
Handbook
Volume
1
Strategic
Informa4on
and
Basic
Laws
(2015)
.
Retrieved
from
h@p://books.google.com
Morocco
Selec4on
–
legal
framework
28. Morocco
wants
to
align
with
data
protec4on
European
standards
established
by
the
Council
of
Europe
and
the
EU.
Morocco
adopted
-‐
on
6
June
2013
-‐
a
bill
approving
the
Council
of
Europe's
(CoE)
Conven4on
108
for
the
Protec4on
of
Individuals
with
regard
to
Automa4c
Processing
of
Personal
Data
-‐
Once
ra4fied,
Morocco
will
become
the
second
non-‐member
country
(awer
Uruguay)
of
the
Council
of
Europe
to
accede
to
Conven4on
108
–
At
present,
ra4fica4on
of
Conven4on
108
is
s4ll
in
the
process
The
person
from
whom
the
personal
data
is
collected
must
receive
no4ce
of:
the
iden4ty
of
the
data
controller
and,
if
applicable,
the
data
processor;
the
purposes
of
the
data
processing;
the
recipients
or
categories
of
recipients
of
the
data;
the
right
to
object,
for
a
legi4mate
reason,
to
the
collec4on
of
such
data,
the
right
to
access
the
collected
data
and
the
right
to
have
the
processed
data
rec4fied.
Data
gathering
&
publicizing
h@p://www.edrm.net/resources/data-‐privacy-‐protec4on/data-‐protec4on-‐laws-‐2013/
morocco
h@p://www.dataguidance.com/dataguidance_privacy_this_week.asp?id=2049
h@p://www.coe.int/en/web/conven4ons/full-‐list/-‐/conven4ons/treaty/108/signatures
Morocco
Selec4on
–
legal
framework
30. 30
Selec4on
–
legal
framework
Poland
General:
Discrimina4on
in
the
workplace
is
prohibited,
both
in
terms
of
r e c r u i t m e n t ,
t e r m i n a 4 o n
o f
employment
etc.
Employers
treat
everybody
equal
Discrimina4on
experienced
indirectly
Right
for
“equal
pay
for
equal
work”
and
”work
for
equal
value”
Migrants
have
the
same
rights
at
work
as
Polish
workers
• Any
discrimina4on
based
on
age
is
prohibited
• Poland
has
a
unitary
system
of
na4onal
employment
law.
• There
is
no
local
employment
law.
• Polish
age
discrimina4on
law
covers
employees,
job
applicants
etc.
• Agency
workers
must
be
treated
equally
by
the
agency
–
the
agency
as
their
employer
is
covered
by
the
age
discrimina4on
legisla4on.
• The
law
specifically
regula4ng
agency
work
requires
that
the
agency
workers
are
also
treated
equally
with
the
employer
user’s
own
employees.
Discrimina4on
act
• www.migrant.info.pl/
Discrimina4on_in_the_workplace.html
• h@p://www.agediscrimina4on.info/interna4onal/Pages/
Poland.aspx
IBP
Class
2016
31. 31
Selec4on
–
legal
framework
Poland
Sensi4ve
personal
data
includes
personal
data
rela4ng
to:
racial
or
ethnic
origin,
poli4cal
opinions,
religious
or
philosophical
beliefs,
religious,
party
or
trade-‐union
membership,
health,
gene4c
code,
addic4ons,
sex
life,
convic4ons,
decisions
on
penal4es,
fines
and
other
decisions
issued
in
court,
administra4ve
proceedings.
•
Employer
is
not
en4tled
to
collect
employees
biometric
data
in
the
form
of
fingerprints
•
Data
controllers
are
able
to
transfer
personal
data
to
jurisdic4ons
•
Poland
is
one
of
the
EU
Member
States
that
requires
obtaining
the
prior
wri@en
consent
of
every
data
subject
•
Data
controllers
are
able
to
transfer
personal
data
to
third
countries
Data
gathering
&
publicizing
• h@p://www.mondaq.com/x/197760/employee+rights
+labour+rela4ons/May+an+Employee+Request
• h@p://uk.prac4callaw.com/6-‐520-‐7945?
source=relatedcontent
• h@ps://www.huntonprivacyblog.com/2014/12/02/poland-‐
amends-‐personal-‐data-‐protec4on-‐act/
IBP
Class
2016
33. 33
2015/2016
Selec4on
–
legal
framework
Colombia
• According
to
Ar4cle
13
of
the
Colombian
Poli4cal
Cons4tu4on,
each
individual
is
born
free
and
equal
before
the
law,
the
same
protec4on
and
treatment
from
the
authori4es
is
guaranteed.
Every
individual
is
en4tled
with
the
same
rights,
freedoms
and
opportuni4es
without
any
discrimina4on
on
grounds
of
gender,
race,
na4onality
or
family
origin,
among
others.
On
the
other
hand,
Ar4cle
10
of
the
Colombian
Labor
Code,
states
that
all
employees
are
equal.
Discrimina4on
act
h@p://www.globalworkplaceinsider.com/category/la4n-‐america/
colombia/
Discrimina3on
• Colombia’s
Cons4tu4on,
laws
and
jurisprudence
strictly
protect
the
principle
of
equality,
and
penalize
any
kind
of
discrimina4on
based
on
age.
Furthermore,
Ar4cle
53
of
the
Cons4tu4on
establishes
fundamental
labour
principles,
providing
equal
opportuni4es
for
employees
and
special
treatment
and
protec4on
for
underage
employees.
• In
the
same
way,
Law
931
of
2004
regulates
the
right
to
work
in
condi4ons
of
equality
on
grounds
of
age,
and
expressly
forbids
any
employer
from
considering
candidates
from
a
par4cular
age
range
during
the
recruitment
processes,
since
the
requirements
for
accessing
any
employment
must
relate
to
merit,
quali4es
or
experience.
This
legal
provision
empowers
the
Ministry
of
Labour
to
supervise,
control
and
sanc4on
any
legal
breaches.
Sanc4ons
can
be
up
to
50
minimum
Colombian
wages
(approximately
$US12,887).
35. South Africa
Legal
Framework
Selection & data handling!
By
Shari
Jongbloed
IBP
Class
2016
36. 36
Selec4on
–
legal
framework
South
Africa
• Sec4on
9
of
the
Cons4tu4on
of
the
Republic
of
South
Africa
states
that
“no
person
may
unfairly
discriminate
directly
or
indirectly
against
anyone
on
one
or
more
grounds,
including
race,
gender,
sex,
pregnancy,
marital
status…”
and
that
“na4onal
legisla4on
must
be
enacted
to
p reven t
o r
p ro h i b i t
u n f a i r
discrimina4on”.
• Both
the
Employment
Equity
Act,
1998
(EEA),
and
the
Labour
RelaFons
Act,
1995
(LRA),
contain
forceful
provisions
to
protect
employees
from
unfair
discrimina4on
due
to
gender,
and
other
grounds,
in
the
workplace.
Discrimina4on
act
h@p://www.jus4ce.gov.za/legisla4on/acts/2000-‐004.pdf
h@p://www.globalworkplaceinsider.com/2015/11/what-‐protec4on-‐
from-‐discrimina4on-‐do-‐employees-‐have-‐on-‐the-‐grounds-‐of-‐gender-‐in-‐
south-‐africa/
IBP
Class
2016
37. 37
Selec4on
–
legal
framework
South
Africa
There
are
eight
condi4ons
for
lawful
p r o c e s s i n g
o f
p e r s o n a l
informa4on:
Accountability.
The
responsible
party
is
accountable
for
complying
with
the
Act.
Processing
limita3on.
Processing
must
be
lawful
and
reasonable
and
must
not
infringe
the
privacy
of
the
data
subject.
Purpose
specifica3on.
Processing
must
have
a
specific,
explicitly
defined
lawful
purpose.
Further
processing
limita3on.
Further
processing
must
be
in
accordance
and
compa4ble
with
the
purpose
for
which
it
was
collected.
Data
gathering
&
publicizing
h@p://uk.prac4callaw.com/5-‐503-‐0787#a157699
IBP
Class
2016
Informa3on
quality.
The
responsible
party
must
take
reasonably
prac4cable
steps
to
ensure
that
the
personal
informa4on
is
complete,
accurate,
not
misleading
and
up
to
date.
Openness.
The
responsible
party
must
take
reasonably
prac4cable
steps
to
ensure
that
the
data
subject
is
aware
of
the
processing.
Security
safeguards.
The
responsible
party
m u s t
s e c u r e
t h e
i n t e g r i t y
a n d
confiden4ality
of
personal
informa4on
by
taking
appropriate,
reasonable
technical
and
organisa4onal
measures.
Data
subject
par3cipa3on.
Data
subjects
can
request
access,
correc4on
and
dele4on
of
personal
informa4on.
39. 39
Selec4on
–
legal
framework
Thailand
Certain
types
of
work
may
have
prohibi4ons
for
women
and
children
to
ensure
their
safety
and
welfare.
Employee
welfare
ensures
that
no
employee
will
be
exploited
given
their
gender
and
ability
to
be
decisive
when
cri4cal
circumstances
arise
The
Department
of
Labor
Protec4on
and
Welfare
under
the
Ministry
of
Labor
and
Social
Welfare
is
tasked
with
the
administra4on
of
these
rights.
The
Department
and
Ministry
issue
regula4ons
if
there
are
issues
or
concerns
that
need
clarifica4on
and
in
some
cases,
requiring
modifica4on
on
the
prescribed
rights
under
the
Labor
Protec4on
Act.
• From
2007
Cons3tu3on
• Unauthorized
discrimina3ng
criteria:
Na3onality,
language,
place
of
birth,
age,
gender,
physical
or
health
condi3ons,
social
status,
religion,
educa3on,
poli3cal
affilia3ons
or
appearance
from
his/her
own
sex
by
birth
(anyone
who
is
transgender),
sexual
orienta3on
Discrimina4on
Act
(2012)
h@ps://phuketlegal.wordpress.com/2012/10/15/employment-‐
discrimina4on-‐law-‐in-‐thailand/
Gender
Equity
Act
(2015)
h@ps://www.hrw.org/news/2015/09/21/thailand-‐gender-‐equality-‐act