About candidates’ duties in recruitment processes

Filling risk-sensitive employment positions with suitable professionals and executives is a challenging task. Despite all effort that goes into the Candidate Journey, HR and recruiting must be aware of factors like liability and reputational risks, which increase for a company if qualifications of candidates are checked inadequately.

Annual statistics show that approximately 25-30% false reference information is provided in job application processes. This includes, for example, incorrect statements about qualifications, falsified testimonials and certificates, misuse of titles, purchased titles from fake universities, a negative media reputation, and much more.

It should be noted that the applicant has a duty of candour to provide required information truthfully if it is important to the position to be filled. All legally permissible questions (depending on the risk sensitivity of the job position to be filled) must be answered credibly by candidates, otherwise they may have to face dismissal for conduct-related reasons (in accordance with § 626 I German Civil Code (BGB)) or a legal challenge of their employment contract due to fraudulent misrepresentation (§ 123 I BGB).

In a German article, which is based on a court decision, explains in detail the legal remedies available to employers when applicants obtain a job by falsifying their qualifications: Link

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