Codes of Practice/ Guidelines
Codes of Practice/ Guidelines
Code of Practice on Human Resource Management Frequently Asked Questions About Recruitment Advertisements
Common questions
Q10: If an employer engages an agent to undertake recruitment on its behalf, whose identity has to be revealed in the recruitment advertisement?
A: In the case where an employer engages an agency to undertake recruitment, it would be sufficient for the agency only to be identified in the advertisement (2.2 and 2.3.3 of the Code).
Q11: Can a subsidiary company place a recruitment advertisement under the name of the holding company?
A: No. Unless it is made known in the advertisement that the holding company acts as agent in administering the recruitment process for the subsidiary company, otherwise the subsidiary company must disclose its identity in a recruitment advertisement.
Q12: Should an employer provide a notification statement regarding the purpose of use of the personal data submitted by job applicants in a recruitment advertisement?
A: Yes. The Code requires an employer to take all practicable steps to ensure that job applicants are informed of certain matters in accordance with the notification requirement of Data Protection Principle 1(3) of the Ordinance. ("DPP1(3)"). Generally, the notification can be made in the form of a Personal Information Collection Statement ('PICS") on or before personal data are collected. In the case of a recruitment advertisement that directly solicits personal data from job applicants for recruitment purposes, a statement - 'Personal data collected will be used for recruitment purposes only' should be included as an integral part of the advertisement.
Q13: What can an employer do if it does not wish to include a PICS in a recruitment advertisement?
A: An employer may state in the recruitment advertisement the telephone number and contact person from whom a copy of the PICS pertaining to recruitment may be obtained. Alternatively, employers may invite job applicants to respond by completing a job application form issued by the employer that details the PICS. A statement to the following effect should be included - "Personal data provided by job applicants will be used strictly in accordance with the employer's personal data policies, a copy of which will be provided immediately upon request. In this case, contact details of the employer should be stated in the advertisement.