In addition to the understanding of TST, background check is also on MPT radar. It is possible to glimpse various TACs entered into between the MPT and companies which agree to refrain from investigating the past of candidates or employees, at the risk of paying fines. Proper healthcare screening is very important there.
However, to the contrary, it is understood that the performance of certain types of background checks is justified in very exceptional situations and provided that these checks are directly related to basic requirements for the fulfillment of the duties to be performed by the employee or candidate in employment, as well as with their due consent. In this sense, even, was the recent understanding of the TST in a decision issued. For example, investigating the criminal background of candidates for a vigilante job vacancy is subject to motivation. Investigating the history of traffic violations for hiring a driver is also considered reasonable.
- Moreover, as a result of the considerable debate on the subject, the TST at the end of March 2015 chose as the first relevant matter to be analyzed in the sphere of repetitive resource processing, in the dictates of Law ministers will review two cases and decide whether or not compensation is due for moral damages to the job vacancy applicant required to present a criminal background certificate. Professionals will have one year to judge the two cases declared to be repetitive, and during that time all other appeals on the matter, whether in the TST or within the Regionals, will have to be leftover waiting for such a decision.
- That said because there is no legal requirement and despite the risks, the fact is that in background investigation is extremely common and often questionable. However, if the applicant or employee has not consented, is offended or discriminated against by the investigation and the manner in which it was conducted, he or she may file a claim claiming compensation for moral damages claiming that he or she has had his or her right to privacy. Violated, as well as exposed to prejudice or discrimination.
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In this case, if duly proven the practice and the lack of real motivation to do so, the chances of condemnation of the company to the payment of moral damages are considerable, as well as the company will also be subject to investigations carried out by the MPT. In any case, it is expected that, with the judgment being rendered by the TST, one will have a concrete position on the practical validity of background checks.
Despite the crisis faced in recent years, various sectors have managed to stay active and even grow. This was the case in the decoration market and for various reasons, such as the change in consumer behavior, personal appreciation, greater access to decoration and fashion content, as well as issues involving construction and the real estate sector performed well.
In addition, people are now willing to spend more on home décor and do not consider it superfluous and just luxury. The last decade has been marked by the increase of consumers from various economic classes, who are increasingly investing in the maintenance of their home and in elements that offer comfort. With increased consumption, offices are growing and are forced to hire more employees.