Recruitment and Onboarding: HR Compliance and Best Practice
Several factors over the past few years have seen compliance in the recruitment process pushed to the front of the HR agenda.
Not only do poor recruitment practices leave organisations open to potential legal implications, but they also lead to low staff retention, costing time and money.
In an increasingly digitised, fast-moving age, the key to having a productive workforce begins in the recruitment process. Yet it can be difficult for SMEs to understand the legal issues that may arise in seeking, interviewing and selecting candidates for a position.
In today’s article, I will cover what Australian businesses need to understand throughout the recruitment processes to remain compliant and recruit and retain the best possible personnel for the job.
Advertising for the Job
Crafting a well-written, keyword-rich job description is essential in ensuring you attract the right people for the role.
However, it is also vital for recruiters to make sure that the job posting and the ensuing selection process does not discriminate against potential employees in any way.
Discrimination in the Australian workplace is unlawful, meaning you must not discriminate against any job applicants or employees on the basis of any of the following:
race
nationality
gender
sexual orientation
age
physical or mental disability
marital status
family or carer’s responsibilities
pregnancy or future family plans
religious beliefs
political opinions or alliances
Following these guidelines will not only guard against legal implications, it will also ensure you cultivate a diverse and inclusive working environment. Research has shown that diverse workplaces demonstrate enhanced performance and productivity, increased innovation and creative problem solving, and ultimately save valuable time and money.
Before making an offer of employment to any potential candidate, it is the employer’s responsibility to check the following:
That the candidate is legally allowed to work in Australia. If you are considering hiring an employee from overseas, you must confirm that they meet the requisite visa requirements. To do this, you can use the free online service Visa Entitlement Verification Online (VEVO). It is important to note that workers from overseas have the same workplace rights and rates of pay as their Australian equivalents.
That the potential employee has any licences and qualifications required by your industry.
Making An Offer of Employment
Once you have been through the interview process and selected an appropriate candidate for the job, it is time to make an offer of employment. Many SMEs trip up in this process, so it is crucial to understand your rights and responsibilities as an employer.
In drawing up a contract, you will need to take into account the conditions set out in the Fair Work Act, including any applicable superannuation and long service leave requirements.
In most cases, the minimum terms and conditions of employment come from an award, registered agreement and contract of employment, and the National Employment Standards(NES).
The NES make up the ten minimum employment entitlements for full time and part-time workers in Australia. These standards cover essentials such as hours worked per week, requests for flexible working arrangements, long service leave and conditions around employment termination and redundancy.
If you are small to medium business, it is advisable that you gain the support of an HR specialist or employment lawyer to check your contract is legally binding and adequately protects both you and your employees.
Onboarding and Induction
A comprehensive onboarding and induction program will guarantee your staff understand their role and your expectations of them, as well as bringing them up to speed as quickly as possible.
This is your opportunity to provide your new staff with essential paperwork such as tax and superannuation forms and your employee handbook. You must ensure that every new employee receives a copy of the Fair Work Information Statement. It is also a great time to make sure they know the layout of their new working environment and understand any WH&S considerations.
Introduce them to their new teammates and provide ongoing support, with the opportunity to ask any questions they may have about their new role.
The recruitment and selection process requires a thorough understanding of workplace legislation. At Infinity HR, our specialist team can provide expert advice on all aspects of HR compliance. Contact Iolanda on 0400 489 743 or email info@infinityhr.com.au today.
References:
Check conditions online (VEVO)
How cultural diversity can be good for business