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What is Employment Background Check services in Kenya?
Background check services in Kenya are a standard procedure for a number of sectors in Kenya. They are used to ensure that the candidate is qualified for the position and that they do not have any criminal records. When an employer wants to hire someone, they will usually request a background check. Background checks can be done through a variety of means, from checking court records to calling their previous employers.
Benefits of Background Check Services in Kenya?
Background check services in Kenya offer a wide range of benefits to employers. They help hire the right staff and contribute towards the overall success of an organization, whether that means higher profits or improved reach.
Here are six key benefits of undertaking background checks when you recruit.
1. Increase Job Applicant Quality
Making pre-employment checks front and center at the recruitment stage discourages people who hope to hide serious issues. It encourages applicants to submit accurate resumes, reducing misstatements and discrepancies.
Candidates with a genuine background and verifiable qualifications will come forward. You’re more likely to attract applicants who feel encouraged by the fact that an employer is thorough and values honesty and integrity.The flip side of this is that running pre-employment checks deters poor candidates or applicants with something to hide in their employment history or personal record. Either way, these screenings increase the quality of job applicants.
2. Avoiding Negative Publicity and Cost to the Company
Dishonest staff could cost your organization, damaging its reputation and incurring negative publicity. There may also be financial losses resulting from bad press due to a rogue employee.
Background checks verify employment records and discover illegal or criminal activity which applicants may otherwise hide from view. Vetting all aspects of a prospective employee makes all the difference between a good and a bad hire.
3. Improved Quality of Hire
Weeding out unsuitable candidates and ensuring that what appears on a resume is true helps employers select the right candidate for a role.
Screening out underqualified applicants also means saving the company precious time. Hiring managers only have to interview quality applicants and those who are genuinely suitable. It’s a practical way to ensure a strong candidate pool and improve the quality of hires.
4. Ensuring a Safe Workplace and Staff Security
Background checks services in kenya reduce the risk of a negligent or bad hire and protect companies from liability lawsuits. They allow employers to make fully informed decisions with all the information necessary about an applicant’s poor employment record or personal issues.
5. Preventing Employee Dishonesty
Background checks are an extremely effective way to prevent employee dishonesty. Employee fraud results in an average loss of 5% of annual revenue. The numbers are even more alarming for small companies, which face 28% higher chances of fraud loss and 30% of business failures.
Besides the financial cost, employee dishonesty negatively affects staff morale, productivity, and company reputation. For financial and company culture reasons, it’s not worth bringing on dishonest workers.
6. Reducing Staff Turnover
Hiring staff and taking time to train and upskill them is expensive. Finding out your effort and financial investment has been in vain is a waste of time and money. Not only that, but a high staff turnover sends the wrong message about your company and will put off the caliber of people you should be attracting.
Auditing and adjusting recruitment protocols to select quality staff is one of the known fixes for high staff turnover. Far better to get it right in the first place and invest in the right people.
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Employment compliance in Kenya encompasses a wide range of regulations and requirements that employers must adhere to. These include laws related to hiring, on-boarding, payroll, taxes, benefits, and terminations.
Things to Know When Performing Background Check services in Kenya
As already shared, a pre- employment background check services in kenya is meant to filter job applicants to find suitable employees for an organization. It is essential to cover every aspect of candidates’ backgrounds to make a good decision. Identity checks and address verification are first and foremost checks that every employer does. Except for these, here is the list of other checks that you should include in employee screening in Kenya:
Employment history
An employment history check in Kenya involves screening every aspect linked to a candidate’s past employment. An employer can contact previous employers to confirm the candidate’s claims regarding previous jobs, including company name, designation, tenure, salary, location, joining and end date, etc., but not limited to it.
Education history
Education history verification helps employers hire qualified candidates and eliminates candidates with forged credentials. It involves vetting the degree, college, training, certification, scores, etc. An employer can contact the claimed institutions directly and get the required information to conduct an education history check.
Criminal record
A criminal background check in Kenya is crucial to minimize the chances of negligent hiring in an organization. In Kenya, an employer can ask a candidate to submit a valid Certificate of Good Conduct or Police Clearance Certificate issued by the Criminal Investigation Department. A valid certificate of good conduct conveys that a candidate has no criminal record and is a law-abiding citizen. This certificate’s validity lasts for one year only.
Credit report
A credit report signifies a candidate’s financial obligations and responsibilities. A credit background check is not mandatory for all candidates but only for candidates whose job profile allows them access to financial assets and transactions of an organization. Because of the Covid-19 pandemic, many employees are being laid off, which must have affected their financial condition and maybe credit report. So, a thorough check is required to make the right decision.
Social life
Social life check means investigating a candidate’s information shared on social media by the candidate himself. The data protection act in Kenya doesn’t allow employers to collect any private information from social media without consent. But an employer can definitely get an idea about a candidate’s political view, thought process, etc., through social life check.
Medical record
A medical record check is mandatory in a job position where medical fitness is of foremost importance. But, in other cases, employers can also ask candidates to submit medical test reports with the candidate’s consent.
Are Background Checks services Legal in Kenya?
Yes, an employment background check in Kenya is legal when done with the prospective employees’ consent.
Under Article 31 (c) and (d), the Constitution of Kenya assures the right to privacy as a fundamental right for Kenya citizens. The enhancement to this right is the Data Protection Act, 2019. The Act came into effect on 25th November 2019, and implantation started in November 2020.
As per Data Protection Act, background checks in Kenya can only be conducted after informing and getting written consent from the job applicants. An applicant has a full right to object to it. In that case, the employer has to cease the background verification process and reply to the candidate after reviewing the reason for opposing the check. As per Kenya background check law, it is illegal to share information collected through background verification by an employer with other HR agencies or employers. And, it is mandatory to register with the office of the Data Protection Commissioner for all data controllers and processors.
Penalties for non-compliance to Data Protection Act in Kenya
A company found guilty of breaching Data Protection regulation will attract the following penalty as per the Act:
“In relation to an infringement of a provision of this Act, the maximum amount of the penalty that may be imposed by the Data Commissioner in a penalty notice is up to five million shillings, or in the case of an undertaking, up to one per centum of its annual turnover of the preceding financial year, whichever is lower,” the Data Act reads in part.
Whereas, if an individual is found guilty, the penalty of a fine not exceeding 3 million Kshs or imprisonment, not more than ten years, or both, will be charged.
How to Conduct Employee Background Checks services in Kenya
Conducting background checks services in Kenya involves a series of steps that ensure a thorough and compliant evaluation of potential hires. Below is an outline of the general process:
- Obtain Consent: The first step is to obtain written consent from the candidate. This consent is a legal requirement and it ensures the protection of the individual’s rights.
- Choose a Reputable Provider: Select a reputable third-party company to conduct the background check, or use your internal HR resources. The chosen provider should have a clear understanding of local laws and regulations surrounding background checks. Navigating international background checks can be complex, so it’s crucial to select a provider who understands the nuances of this process.
- Review and Analyze Results: Once the check is completed, review the results thoroughly. The data collected will provide insights into the candidate’s employment history, criminal record, and educational background. Use this information to make informed hiring decisions. It’s vital to assess these findings in the context of the job role, especially considering the potential legal and tax implications of hiring remote employees.
- Make an Informed Decision: Use the information obtained from the employment background check to make your final hiring decision. Whether you’re hiring locally or considering international employee relocation, comprehensive background checks should be an integral part of your decision-making process.
- Onboard the Candidate: Once you’ve made a hiring decision, move forward with the onboarding process. A smooth onboarding process is as important as the employment background check itself. It sets the tone for your relationship with the new hire and impacts their initial engagement with your company.
After getting the consent from the candidate, the employer can collect the following information or as required for a pre-employment background check in Kenya:
- Copy of National Id card
- Copy of Address proof
- Copy of Driving license
- Copy of educational certificates
- Copy of certificate of good conduct
- Copy of medical records
- Copy of Drug testing report
- Copy of Payslip
Once you get copies of the above documents, you can scrutinize them according to the respective procedures. It is necessary to maintain regulatory compliance while doing background checks in Kenya and not to neglect the candidate’s right to privacy.
Industries That Are Most Suitable for Background Checks in Kenya
Any industry having valid reasons can conduct background checks in Kenya with the consent of the prospective candidate. Industries and situation where an employer need to conduct background checks as mandatory are:
- Financial Services
- Legal firms
- Healthcare industry
- Manufacturing industry
- Cybersecurity services
- Government organizations
- Hiring foreign talents
- Any other job profile that needs proper licenses