HIRING THE EMPLOYEE: REQUIREMENT FOR PRIOR EXPERIENCE AND NEGATIVE CERTIFICATE OF CRIMINAL RECORD

Abstract

This article sought to study the labor world, the practice of requiring prior experience of more than six months and a certificate of criminal record in the pre-contractual act has become increasingly common. The present study has the general objective of investigating the requirement of prior experience and criminal record in the light of the principles of non-discrimination. The specific objectives are to discuss the constitutional principles of non-discrimination; analyze practices of requiring previous experience and criminal records in the field of labor law; and discuss such requirements in light of the principle of non-discrimination and case law. Thus, we must investigate whether there is in fact in this procedure to affect the principles in question, with the justification of the possibility of negative discrimination in hiring an employee. Methodology: Qualitative bibliographic research was used through doctrinal study, and documentary legal and jurisprudential text related to Labor Law. In order to promote the theoretical basis of this study, a conceptual analysis of principles and norms, legal provisions and jurisprudence was made in order to better elucidate the problem raised here. Development: It can be seen that the requirement for a criminal record certificate ends up going beyond what is expected considering what is expressed in the law, such instrument marks the convict during his entire life path, resulting in stigma, in the lack of opportunity of this egress convict to restart life and even to not return to practice such acts. Thus, the replication of such conducts of requiring the employee to provide a criminal record certificate harms the right to human dignity, as well as other principles listed in this manuscript. It is worth pointing out that in relation to the requirement of previous experience, many companies demand experience of more than 6 months, breaking once more the right of the person to have dignity to get the first job and supply the fundamental needs.