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What personal information we must share with the employer

RODO has forced the legislator to amend the provisions of the Labour Code. Among other things, the amendment introduced a catalog of information that the employer is obliged to obtain from job candidates at the recruitment stage and from employees at the time of hiring. This also means that candidates and employees are obliged to provide such information. It is worth emphasizing, however, that we have been exempted from providing certain data.
The amended regulations, in force since May 4 this year, indicate that an employer may require a job candidate to provide information regarding:
– first and last name,
– date of birth,
– contact information (it does not have to be an address, it can be a phone number or e-mail address),
– education,
– professional qualifications, and
– previous employment history.
Not every job applicant is required to disclose all of this information. If a particular job position does not require a specific education, qualifications or work experience, a prospective employer has no right to require disclosure of such information.
The amended regulations no longer require disclosure of data concerning the candidate’s parents or home address. It should be remembered, however, that at the time when the employment relationship is established, the employee is obliged to provide the employer with other personal data, including: the address of residence (not necessarily the registered address), the PESEL number, and if there is no PESEL number – the type and number of a document confirming identity, other personal data of the employee, as well as personal data of the employee’s children and other members of his/her immediate family (if the provision of such data is necessary due to the employee exercising special rights provided for in the labour law), education and the course of previous employment (if there was no basis for requesting them from the person applying for employment), the number of the payment account (if the employee has not applied for payment of remuneration in his/her own hands).
What data do we have to provide to the employer?
The amended regulations no longer require disclosure of data concerning the candidate’s parents or address of residence.
Additional data may be requested by the employer when it is necessary to exercise the right or fulfill an obligation arising from the law, e.g. in the case of disabled persons – the degree of disability and the period of disability. What is important, however, is that the employee provides the above data by filling out a form, a personal questionnaire. The employer should not collect photocopies of documents confirming the information indicated by the employee. However, the employer may require the employee to confirm the information provided in the questionnaire, e.g. by showing a school diploma.
Sensitive data may only be processed when the provision of such personal data occurs on the initiative of an applicant for employment or an employee. The processing of such data, in turn, may only be carried out by persons authorized in writing by the employer and bound to secrecy.
On the other hand, biometric data (e.g. fingerprints) may be processed at the initiative of the employee or employee candidate, but also when the provision of such data is necessary to control access to particularly important information, the disclosure of which may expose the employer to damage or access to premises requiring special protection.
The legislator also made it clear that an employee does not have to consent to the provision of additional personal data and a refusal may not be met with negative consequences. The legislator, under certain conditions, has also allowed the monitoring of sanitary facilities.

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