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Interview questions are designed to help the employer find the best candidate for the job, however, this is within certain limits, as interactions with job candidates and questions posed should not violate any human right or data protection rights.
First and foremost, it is unethical and potentially discriminatory for an employer to enquire about an applicant’s sexual orientation, religion, health conditions, or background.
In the case of female candidates, it is inappropriate for the employer to inquire about pregnancy, children, and childcare arrangements, unless the employer can demonstrate that such information is required due to the nature of the job.
Employers may need to ask a candidate with a disability about their disability in order to determine whether they will be able to perform the inherent requirements of the job, assess any health and safety risks, or identify any workplace adjustments that may be required.
Any pre-employment vetting or checks performed by the employer must be in line with the General Data Protection Regulation (GDPR) and the Data Protection Act (DPA) in Malta.
Processing of personal data, including information about an actual or alleged criminal offence, requires the employer to have a lawful basis for such processing, such as a legal obligation, or a lawful authority. In the absence of either, consent is required and employment is not being dependent upon such consent.
Data collected during the recruitment process should generally be deleted as soon as it becomes clear that an offer of employment will not be made or is not accepted by the individual concerned. The individual must also be correctly informed of any such processing before they engage with the recruitment process.
Only after signing an employment contract that includes a provision allowing such tests may selected candidates be subjected to medical testing and/or drug and alcohol testing.
In the case of medical examinations, the results cannot predict a candidate’s success in being chosen. Drug testing is usually permitted when it is justified by the job application context, when employees are performing safety or security sensitive work, or when an employer has a reasonable suspicion that an employee is impaired by drugs or alcohol at work or has concerns relating to public safety and the protection of rights and freedoms of others.
Employers may also perform other known tests, depending on type of position and industry in question. These may include achievement tests, personality test, aptitude tests, practical test etc.
Get in touch with us
At Empleo, we can help employees obtain a better understanding of the scope and extent of their rights as may be applicable to them. We also provide legal advice to employees as well as assistance in the review of employment contracts.
You may get in touch with us here to request an initial free legal consultation in relation to any of the matters outlined above.
Mariella graduated from the University of Malta with a doctorate in law in 2005. She completed a master’s degree in ‘European Private Law’ from the La Sapienza, University of Rome, and was admitted to the bar in Malta in 2006.
Mariella is a people person – and it is this attribute which has really characterised and shaped her career.
Over the years, she headed the legal departments of several corporate services firms. Due to her skillset, she was also entrusted with managing and overseeing operations and human resources, where she gained technical and practical experience in various corporate, commercial and employment matters.
Her practical hands-on experience and insight perfectly complement Mariella’s technical knowledge of employment law, thus placing her in an ideal position to understand and advise employers and employees alike on various matters that may arise at the workplace.
Mariella is passionate about employment law matters and provides her clients with the highest-quality legal service to achieve the best possible outcome and resolve any employment law related issues and concerns.
Bradley graduated Doctor of Laws from the University of Malta in 2005 and was admitted to the Bar in Malta in 2006. He advises clients on various corporate, commercial, employment and regulatory matters, with particular focus on company and financial services law.
He has assisted clients in various corporate and commercial matters by providing company law advice and assisting in the implementation of corporate finance, restructuring, mergers and acquisitions and similar transactions.
Bradley has also advised and assisted investment funds, fund managers and other investment services providers, banks and financial institutions, on various legal and regulatory matters relating to the setting up, authorisation and ongoing conduct of their activities in Malta.
His practice also covers general employment law matters. Bradley’s experience in company and financial services law enables him to focus on various corporate and regulatory aspects of employment relationships. In particular, he advises organisations on the implementation of employee share option and participation schemes, the implications of business transfers on employment relationships, as well as relations with senior employees.
Karl graduated Doctor of Laws from the University of Malta in 2005 and was admitted to the Bar in Malta in 2006.
Karl has gained considerable expertise in technology law and regularly assists clients in relation to intellectual property issues, commercial contracts and ways to ensure compliance with the General Data Protection Regulation (GDPR) and privacy laws. Whilst such matters used to be only given incidental importance when dealing with employment matters, they are now widely acknowledged to be vital in all employment relationships.
He is also regularly engaged by C-level executives to assist in negotiating employment contracts and settlement agreements.
Karl advises across a multitude of industries including technology; marketing; adtech; financial services; gaming; esports; consumer products; and media and telecommunications.
