Requesting financial information in job interviews
The Ministry of Labor, in concept of October 15, 2019, under file 02EE2019410600000024360, referred to the requirement of financial information within job interviews through figures such as SARLAFT, and indicated that:
"In the labor and social protection scenario, the reports of the risk centers can never constitute an obstacle to access the job, as well as a just cause to terminate the employment relationship with the worker. Among the reasons, the main one refers to the fact that such information is part of the private sphere of the individual and for this reason it is subject to legal reserve and outside the grounds for exception provided in Law 1581 of 2012".
For its part, the Superintendence of Industry and Commerce indicated that this type of reports are for the exclusive purpose of trade and for the respective consultation must be authorized by the owner.
Consequently, the unilateral termination of the employment contract by the employer due to a negative report in the credit bureaus may give rise to an unjustified dismissal. Consequently, this factor cannot be understood as a determining factor in the hiring of a worker.
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