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5 Labor Law tips of what to avoid in a recruitment process

Erika Barrantes (Costa Rica)

Since the entry into force of the latest Costa Rican Labor Code in 2017, many companies besides creating inclusive politics that guarantee equal opportunities and conditions to its employees, have been given more attention to maintaining an open space of discrimination when it comes to hiring new employees.

This topic must not be treated lightly; that’s why we want to share five essential advices regarding what to avoid in the recruitment process:

1. Do not establish gender distinction for an open position.

As long as the person complies all requirements, he or she must have the same opportunities to be considered for the job. For example:

  • Don’t say: “We require a female secretary for a full-time office position”.
  • It’s advisable to say: “We require a person skilled for a secretary position”.

2. Don’t create wage differences because of the gender.

The Costa Rican Labor Code establishes that, if employees perform the same job and have the same profile, they must have equal rights.

3. Don’t assume that because of the person’s age or appearance, she/he won’t be able to perform a specific duty.

It’s recommended to apply technical tests or assessments to measure the applicant’s aptitudes and skills. This way, it can be determined who is more qualified to get the job.

4. It isn’t advisable to ask personal questions during the interview that aren’t related to the position.

It’s intended to avoid, in case the person wasn’t hired, that any information gathered in the interview affected the final decision. For example, the economic condition, the address, the marital status, if having kids is taking into mind or not, among others.

5. Don’t establish different criteria among the applicants when it comes to the hiring decision.

It’s advisable to use objective and equal metrics when you are recruiting in order to avoid any discrimination or preference.

If you follow these recommendations, contingencies regarding Labor Law can be avoided. However, Labor Law goes beyond the recruitment process. Therefore, continuous training and coaching are always important, mainly for Human Resources and Management Departments.