5.3 Recruitment Compliance: Job Requisitions, Job Postings & Work Authorization
Key Takeaways
A job requisition is the internal approval to fill a position; it confirms the business need, budget, job description, pay grade, and approvers before recruiting begins.
Job postings must describe genuine job requirements without discriminatory preferences based on grounds such as sex, race, religion, national extraction, age, or disability, as national law defines them.
The EU Pay Transparency Directive (2023/970) requires employers to give applicants pay information in the job advertisement or before the interview, bars questions about pay history, and requires gender-neutral vacancy notices and job titles.
Employers should verify every new hire's right to work before employment starts, apply the same checks to all candidates, keep evidence, and repeat checks when permission is time-limited.
Since 13 February 2024, the UK civil penalty for employing an illegal worker has been up to 45,000 pounds per worker for a first breach and up to 60,000 pounds for repeat breaches.
Recruitment Compliance: Job Requisitions, Job Postings & Work Authorization
Quick Answer: Lawful recruitment follows a controlled sequence. First, a job requisition is approved so the organization knows it has a real, budgeted need. Second, job postings describe the job's genuine requirements in neutral language, include any legally required information (such as pay ranges in some jurisdictions), and respect applicants' privacy. Third, before the person starts work, HR verifies work authorization using the procedure required by local immigration law and keeps evidence of the check.
The aPHRi outline's first Recruitment and Selection statement is applicable laws and regulations related to recruitment and selection, for example work authorization, job requisition, and job postings. Related tasks include posting job listings, managing applicant databases, answering applicant questions, and administering post-offer activities such as work authorization and immigration.
1. The Job Requisition
A job requisition is the internal request and approval to fill a position. It is a control document, not an advertisement.
| Requisition field | Why it matters |
|---|---|
| Position title and department | Links the vacancy to the organization chart |
| Reason (replacement, new position, temporary cover) | Confirms genuine business need |
| Job description and requirements | Basis for the posting and selection criteria |
| Pay grade or range and budget code | Confirms the cost is approved |
| Employment type (permanent, fixed-term, part-time) | Drives contract and benefits |
| Location and work arrangement | Determines which country's laws apply |
| Approvals (manager, finance, HR) | Prevents unauthorized hiring |
Position control means each requisition matches an approved headcount slot. Recruiting without an approved requisition can create hires with no budget and inconsistent pay decisions. Requisition numbers also let HR track time to fill and cost per hire (Section 4.1).
2. Lawful and Fair Job Postings
Stick to genuine job requirements
A posting should describe the duties and the knowledge, skills, abilities, and qualifications actually needed. The ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111), covers access to employment and prohibits distinctions based on race, color, sex, religion, political opinion, national extraction, or social origin; many national laws add further grounds such as age, disability, and sexual orientation. A requirement that is not genuinely needed for the job, such as a height minimum for an office role, can be indirectly discriminatory.
| Risky wording | Better wording |
|---|---|
| "Young, dynamic team seeks recent graduate" | "Entry-level role; training provided" |
| "Salesman wanted" | "Sales representative" |
| "Native English speaker" | "Fluent written and spoken English (business level)" |
| "Must be under 35" | Omit age, unless a law sets a genuine age requirement |
| "Attach a recent photograph" | Omit photos unless required by law for the specific role |
| "Excellent health required" | "Able to lift 15 kg with or without reasonable accommodation" (only if it is a real job requirement) |
Pay transparency and gender-neutral notices
The EU Pay Transparency Directive (2023/970), which member states had to transpose by 7 June 2026, requires employers to:
- Give applicants information about the initial pay or pay range based on objective, gender-neutral criteria, either in the vacancy notice or before the interview.
- Not ask applicants about their pay history in current or previous jobs.
- Ensure vacancy notices and job titles are gender-neutral and that recruitment is non-discriminatory.
Several other jurisdictions also require pay ranges in postings or ban salary-history questions, so check local law before advertising.
Other posting practices
- Internal posting rules: collective agreements or company policy may require posting vacancies internally for a set number of days before advertising externally.
- Accuracy: do not advertise roles that do not exist or misstate pay, location, or contract type.
- Accessibility: offer alternative formats or adjustments in the application process on request.
- Consistent answers: when applicants ask questions (task 16), give everyone the same factual information about the role, process, and timeline.
3. Applicant Data and Applicant Databases
Applicant tracking systems and applicant databases hold personal data, so privacy law applies from the first click:
- Provide a privacy notice explaining what data is collected, why, who sees it, and how long it is kept (required under the GDPR and similar laws).
- Collect only relevant information; sensitive data such as health information should not be requested at the application stage unless needed for a specific lawful reason.
- Limit access to people involved in the hiring decision.
- Keep records for a defined period so the employer can answer discrimination complaints, then delete them. If you want to keep candidates in a talent pool for future roles, tell them and, where required, obtain their consent.
- Record decisions and reasons at each stage so selection can be shown to be job-related.
4. Verifying Work Authorization
Every country controls who may work there. Employers are usually responsible for checking that each new hire has permission to work before employment starts.
Core principles
- Check everyone the same way. Checking only people who "look foreign" or have accents is discriminatory. Tell all candidates about the check in advance.
- Follow the official procedure, such as inspecting original documents in the person's presence or using a government online status service where that is the required method.
- Keep evidence: a clear copy or record of the documents or online check, the date, and who performed it, for the period the law requires.
- Track expiry dates and repeat checks before time-limited permission ends.
- Act lawfully if permission ends: seek advice rather than dismissing someone automatically, because procedures and protections differ.
Examples of employer obligations
- European Union: the Employer Sanctions Directive (2009/52/EC) requires employers to check that non-EU nationals hold valid residence permits or other authorization before they start work and to keep copies for at least the duration of employment.
- United Kingdom: employers must carry out right-to-work checks before employment starts. Since 13 February 2024, the civil penalty has been up to 45,000 pounds per illegal worker for a first breach and up to 60,000 pounds for repeat breaches.
- Work-permit systems: in many countries (for example, those using employer-sponsored work passes or permits), the employer applies for or sponsors the permit, and the employee may not start until it is approved.
Sponsored hires: the typical sequence
- Confirm whether the role and candidate qualify for a work permit or visa.
- Make a conditional offer stating that employment depends on obtaining authorization.
- Prepare and submit the application with the candidate (job details, salary, qualifications).
- Wait for approval before the start date; coordinate relocation (Section 6.4).
- Keep required records and meet any sponsor reporting duties, such as reporting a sponsored worker's departure within set deadlines.
5. Putting It Together: A Compliance Checklist
- Requisition approved and matched to budget.
- Posting reviewed for neutral language, genuine requirements, and legally required pay information.
- Privacy notice in place; data access limited; retention period set.
- Selection criteria documented and applied consistently.
- Work authorization verified before day one, with evidence stored securely.
A hiring manager wants to advertise immediately for a new analyst role that has not been budgeted or approved. What should HR do first?
Post the job and seek approval later if a good candidate applies.
Ask the manager to submit a job requisition with the business need, job description, pay grade, and required approvals before recruiting begins.
Hire a temporary worker without any approval.
Advertise the role at a lower salary to avoid needing finance approval.
Under the EU Pay Transparency Directive, which recruitment practice is required of employers?
Asking candidates for payslips from their current job to set a fair offer
Keeping pay information confidential until after the final interview
Giving applicants the initial pay or pay range in the vacancy notice or before the interview, and using gender-neutral job titles
Publishing the names and salaries of current employees in the job advertisement
To save time, a recruiter proposes checking work-authorization documents only for candidates who were born abroad. Why is this wrong?
Right-to-work checks should be applied consistently to every new hire; selective checks based on origin are discriminatory and can leave the employer without proof of compliance.
Work authorization never needs to be checked when a candidate speaks the local language.
Only immigration authorities, not employers, may look at identity documents.
Checks are required only after the employee completes probation.
Sections you finish are checked off in the contents.