1、 What is onboarding background check?

On the job background check refers to the process in which an employer verifies and evaluates a candidate's work experience, educational background, negative records, credit history, etc. through legal means and channels before the employee joins the company. At the same time, it supplements the insufficient information in the selection process. It is also an effective means to verify the integrity of job seekers.

2、 The legality and privacy protection of background research

When conducting background checks, companies must strictly comply with laws and regulations, respect and protect the privacy rights of candidates. Enterprises should clearly inform candidates of the purpose, scope, and methods of conducting background checks and obtain their written consent. At the same time, companies should ensure that the information collected during the background check process is only used for recruitment purposes and must not be disclosed to third parties or used for other purposes. The following provisions provide a legal basis for companies to conduct background checks on employees.

Article 8 of the Labor Contract Law stipulates that the employer has the right to know the basic information directly related to the labor contract of the employee, and the employee shall truthfully explain it.

According to Article 3 of the Labor Contract Law, the conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, mutual consultation, and good faith. During the background investigation process, the employee shall fulfill the obligation of honesty and trustworthiness and truthfully disclose relevant basic information.

Article 146 of the Civil Code stipulates that civil legal acts performed by the actor and the counterparty with false expressions of intent are invalid. Therefore, if an employee provides false information or materials that have a substantial impact on the employment and performance of the labor contract, the labor contract should be deemed invalid.