Hiring legal risks

Discrimination, contractor vs employee, probation, personal data

Common risks

  • Discrimination in job ads

    Specifying gender, age, marital status, religion is prohibited. 'Woman under 30' — fines and lawsuits. Use 'candidate with experience X'.

  • Contractor instead of employment

    Signs of employment (schedule, manager, fines) under a contractor = hidden employment — back taxes + labor inspection fines.

  • Probation

    Not for everyone: banned for pregnant women, minors, recent graduates (1 yr). Duration: workers ≤1 mo, specialists ≤3 mo.

  • Candidate personal data

    Resumes are personal data: consent needed for processing, no sharing with third parties, delete rejected CVs.

  • Unlawful offer terms

    'Work off the training', 'unpaid trial week', 'fine for maternity leave' — void and risky clauses.

Pre-publish checklist: (1) no discriminatory criteria; (2) hire format matches the real relationship; (3) data processing consent exists; (4) probation is lawful for the category; (5) the offer has no void clauses.