Candidate for a job offer: authorized recruitment methods

Verified 22 March 2024 - Directorate for Legal and Administrative Information (Prime Minister)

What information can an employer ask a candidate for during the job interview? What are the methods and techniques of recruitment assistance that can be used by an employer? We're presenting the regulations.

The information requested from the applicant is used only for assess his/her ability to perform the proposed job or its professional skills.

This information may be requested in writing (employment questionnaire) as orally (job interview).

They must have a direct and necessary link with the proposed employment or with the assessment of his abilities.

Thus, the employer must not ask questions about the individual situation of the candidate concerning his state of health, his family situation, his membership of a union, his sex life, his housing, his leisure activities.

The employer may ask the applicant, for example, whether he has a driving license as soon as the job requires it.

The candidate must respond in good faith to these requests for information.

Warning  

The candidate recruited on the basis of false information he has given may be dismissed for simple fault (or even serious misconduct, if this information was decisive in his recruitment).

The choice of the recruited candidate is freely chosen by the employer.

However, it is prohibited to refuse to recruit a candidate on discriminatory grounds, that is to say justified by one of the following criteria:

  • Origin
  • Sex
  • Family status
  • Pregnancy
  • Physical Appearance
  • Special vulnerabilities linked to the economic situation
  • Name
  • Place of residence
  • Health status
  • Loss of autonomy
  • Disability
  • Genetic characteristics
  • Morals
  • Sexual orientation
  • Gender identity
  • Age
  • Political opinions
  • Trade union activities
  • Whistleblower quality
  • Facilitator of whistleblower or persons connected with a whistleblower
  • Spoken language (ability to speak in a language other than French)
  • Ethnicity
  • Nation
  • Alleged breed
  • Religion 

Please note

Any candidate rejected on these discriminatory grounds may to refer the matter to the labor council to claim damages for the damage suffered.

During the recruitment procedure, the employer does not have complete freedom in the use of the methods and techniques used to assist recruitment.

These methods and techniques for assisting in the recruitment or evaluation of candidates must be relevant to the purpose pursued.

The use of astrology, graphology or numerology in particular is prohibited, unless there are relevant justifications.

Reminder

The candidate has protection during the recruitment process, including privacy.

The methods and techniques used to assist recruitment shall be made known to the applicant and to the Social and Economic Committee (ESC) if there is one in the company.

Please note

The results obtained must remain confidential. They are communicated to the candidate.

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