CERs Global Recruitment & Mobility 3 — Questions and Answers
Question 1: Under the EU General Data Protection Regulation (GDPR), what must an international recruiter establish before processing a non-EU candidate's personal data collected through an EU-based platform?
- A signed NDA with the candidate
- A lawful basis for processing such as consent or legitimate interest (Correct answer)
- Approval from the candidate's national labor ministry
- A formal partnership with a GDPR-certified data broker
Correct answer: A lawful basis for processing such as consent or legitimate interest
GDPR requires that personal data processing be grounded in a lawful basis (consent, contract, legitimate interest, etc.) before any recruitment data is collected or transferred.
Question 2: What is 'contract substitution,' and why does it violate ethical recruitment standards?
- Replacing a permanent role with a contract role after hire — allowed if disclosed
- Presenting workers with different (inferior) contracts upon arrival at the destination country — always unethical (Correct answer)
- Substituting one candidate for another in a role — allowed with client approval
- Issuing a new contract after a probation period — standard practice
Correct answer: Presenting workers with different (inferior) contracts upon arrival at the destination country — always unethical
Contract substitution occurs when workers are given contracts with worse terms than originally agreed upon arrival, exploiting their vulnerability and is condemned by ILO and ethical recruitment codes.
Question 3: The ILO's Convention No. 181 on Private Employment Agencies specifically prohibits which practice?
- Advertising roles on international job boards
- Charging fees or costs to workers for recruitment services (Correct answer)
- Conducting background checks without candidate consent
- Placing workers in roles outside their stated field
Correct answer: Charging fees or costs to workers for recruitment services
ILO Convention 181 establishes that private employment agencies shall not charge workers for recruitment fees, with the cost borne by employers instead.
Question 4: What are 'bilateral labor agreements' (BLAs) in the context of global recruitment?
- Contracts between two competing staffing agencies for exclusive candidate pools
- Intergovernmental agreements regulating the movement and protection of migrant workers between two countries (Correct answer)
- Dual employment contracts required for expatriate assignments
- Mutual recognition agreements for professional licensing between two nations
Correct answer: Intergovernmental agreements regulating the movement and protection of migrant workers between two countries
BLAs are formal treaties between origin and destination countries that define rights, wages, and protections for migrant workers, providing an ethical framework for cross-border placement.
Question 5: An international recruiter discovers that a foreign employer client routinely confiscates workers' passports upon arrival. What should the ethical recruiter do?
- Continue the relationship but advise workers verbally
- Terminate the relationship and report the practice to relevant authorities (Correct answer)
- Negotiate a compromise allowing temporary passport holding
- Limit placements to workers who consent in writing
Correct answer: Terminate the relationship and report the practice to relevant authorities
Passport confiscation is a hallmark of forced labor and human trafficking; ethical recruiters must refuse to cooperate and report such clients to appropriate bodies.
Question 6: Which principle from the UN Guiding Principles on Business and Human Rights is most directly applicable to international recruiters?
- Corporate tax transparency
- Due diligence to identify and prevent human rights abuses in the recruitment supply chain (Correct answer)
- Mandatory union recognition in destination countries
- Quarterly sustainability reporting to host governments
Correct answer: Due diligence to identify and prevent human rights abuses in the recruitment supply chain
The UN Guiding Principles require businesses, including recruitment agencies, to conduct human rights due diligence across their operations and supply chains.
Question 7: When transferring candidate data from the EU to the US under GDPR, which mechanism is most commonly used by recruiting firms after the invalidation of Privacy Shield?
- Data localization waivers issued by EU member states
- Standard Contractual Clauses (SCCs) approved by the European Commission (Correct answer)
- Mutual legal assistance treaties (MLATs)
- ISO 27001 certification of the US recipient
Correct answer: Standard Contractual Clauses (SCCs) approved by the European Commission
Following the Schrems II ruling that invalidated the EU-US Privacy Shield, Standard Contractual Clauses became the primary legal mechanism for transatlantic data transfers.
CERs Global Recruitment & Mobility 3
Under the EU General Data Protection Regulation (GDPR), what must an international recruiter establish before processing a non-EU candidate's personal data collected through an EU-based platform?