From 1st February 2017 on, the employer’s right to request the presentation of a criminal record will be limited, pursuant to the new law of 23 July 2016. It will then be much more difficult for an employer to request a criminal record. The employer may only:
- request a candidate to submit a criminal record if the request (i) is in writing, (ii) duly motivated in relation to the specific requirements of the job and (iii) indicated in the job offer;
- request an employee to submit a criminal record if specific legal provisions foresee this possibility or if the employee occupies a position justifying a new control in relation to the specific job requirements;
- keep the criminal record only during 1 month as of the conclusion of the employment contract and no longer than 2 months during the work relationship.