What may we ask a job applicant at an interview, and what questions are prohibited?

An HR officer is preparing an interview for a warehouse worker or an accountant. They are considering questions about young children, family planning or the applicant’s criminal history. The answer is similar in Slovakia and Czechia. Questions must relate to the work the person would perform. The law expressly excludes certain topics, while for others the company must be able to explain why it needs the information.

Slovakia

The Labour Code (Act No. 311/2001 Z. z.) lists information that applicants cannot be asked to provide:

The following quotation is reproduced in its original language:

Zamestnávateľ nesmie vyžadovať od fyzickej osoby informácie a) o tehotenstve, b) o rodinných pomeroch, c) o bezúhonnosti s výnimkou, ak ide o prácu, pri ktorej sa podľa osobitného predpisu vyžaduje bezúhonnosť, alebo ak požiadavku bezúhonnosti vyžaduje povaha práce, ktorú má fyzická osoba vykonávať, d) o politickej príslušnosti, odborovej príslušnosti a náboženskej príslušnosti.

§ 41 ods. 6 zákona č. 311/2001 Z. z.

You may request only work-related information from someone applying for their first job. From someone who has previously worked, you may request an employment reference and a certificate of employment (Section 41(5)). The Employment Services Act additionally prohibits requesting, during recruitment, information about nationality, racial or ethnic origin, political views, trade union membership, religion and sexual orientation, information contrary to good morals, and personal data that you do not need to fulfil statutory obligations. At the applicant’s request, you must demonstrate why the requested information is necessary (Section 62(3) of Act No. 5/2004 Z. z.).

These limits apply from the job advertisement stage. A job advertisement must not contain restrictions or discrimination based, for example, on age, sex, disability or marital status, and it must state the amount of the basic component of pay (Section 62(2) of Act No. 5/2004 Z. z.). An advertisement expressly seeking a female pensioner or a young man is therefore risky unless the nature of the work justifies the restriction. You cannot subsequently agree a lower basic component of pay in the employment contract than the amount advertised (Section 41(10) of the Labour Code).

A difference in treatment is not discrimination if it is justified by the nature of the work, constitutes a genuine and determining occupational requirement, pursues a legitimate aim and is proportionate (Section 8(1) of Act No. 365/2004 Z. z.). A requirement for medical fitness is likewise not discrimination if the nature of the employment requires it (Section 8(5)).

Czechia

Before an employment relationship begins, the Czech Labour Code (Act No. 262/2006 Sb.) allows an employer to request from an applicant only information directly related to entering into the employment contract (Section 30(2) of Act No. 262/2006 Sb.). An employer must not request from an employee, in particular, information about pregnancy, family and financial circumstances, sexual orientation, origin, membership of trade unions and political parties, religious affiliation or criminal record status. An exception applies to information about pregnancy, family and financial circumstances, and criminal record status where there is an objective reason arising from the nature of the work and the requirement is proportionate, or where the law so provides. The employer must not obtain this information through third parties either (Section 316(4)). From 1. 1. 2027, an entry in the register of facts relevant to working with children will be added to the list.

During recruitment, the Czech Employment Act prohibits requesting information about nationality, racial or ethnic origin, political views, trade union membership, religion, philosophical beliefs and sexual orientation, as well as personal data that you do not need to fulfil statutory obligations. You must demonstrate the need for the information at the applicant’s request, and discriminatory job advertisements are prohibited (Section 12 of Act No. 435/2004 Sb.). The Act treats discrimination on grounds of pregnancy or maternity as sex discrimination (Section 4(2)).

Potential consequences and how to prepare for an interview

In Slovakia, an applicant is entitled to reasonable monetary compensation if these obligations are breached when an employment relationship is being established (Section 41(9) of the Labour Code). In addition, anyone may ask a court to order that discrimination cease and that they receive appropriate redress (Section 9(2) of Act No. 365/2004 Z. z.). If an applicant presents facts from which discrimination may reasonably be inferred, the company must prove that it did not breach the principle of equal treatment (Section 11(2)). A prohibited question recorded in the interview notes may constitute such a fact.

Prepare a consistent set of questions and selection criteria for the position. Interview notes should objectively record how the applicant meets the job requirements. Check criminal records only where legislation or the nature of the work requires it, which may be the case, for example, where the work involves handling clients’ money. If an applicant volunteers sensitive information, do not record it or base your decision on it. If artificial intelligence software helps screen CVs, see also the article on AI in recruitment and employee assessment.

We will prepare a recruitment questionnaire, interview questions and information for applicants under both Slovak and Czech law as part of our employment contracts and documentation service. We will establish arrangements for retaining CVs and interview notes as part of our GDPR and personal data protection service.