Do employers do background check basedon your resume before they call you up? If so, is this breach of PDPA?

I also wonder.

I got a friend who change job every 3 years and he has been working for 30 years. So how does new employer bother to check so far into his job history?

He tell me he bullshit some of his job experience after he graduated but recent 20 years is genuine.

I don't see how notifying the current employer of the applicant before deciding on giving the applicant an offer IS A GOOD IDEA.

You're basically sabotaging the applicant. What if he took MC for the interview? Or what if he's handling a project and deadline is half a year away? Employer will give him a hard time and end up stuck if there's no offer at the end.

The proper way is to notify the current employer AFTER the candidate ACCEPTED the offer. I believe there are clauses to terminate the offer if any info was found not true. The information that he wants to leave should always and only be announced by the applicant himself.

Good question! Your future employer will get your written concern (PDPA waiver) prior to placing a call to your previous employer. If no waiver is sign, even your ex-company will be liable for releasing your info to a 3rd party.

Totally agreed. That is the reason why I do not agree to such arrangement no matter how interesting the job is.

hi, I came across this thread while searching for a job, and I find this thread really interesting. Let's say a potential employer finds out your directorship status over a Sdn Bhd without your disclosure and permission [ Not signing to their Waived PDPA act nor listed it in your resume]. I understand this would be a misconduct of PDPA act. as a potential employee, what options in terms of course of action do you have?

another typical situation where I usually come across in Jobstreet where employer asks for such information such as the link below.



would this practice is legitimate? if its not, as a potential employee, what should be our course of action

If you want the job, do as requested.

u can choose not to give your current salary. whether they will call you up depends on them.

What option does one has if he/she want the job that require all the documents to be signed/submitted before issuance of letter of offer?

just value his/her experience especially coming for reputable MNC, end of the day he/she still have to go through probation, what so fuss about it?

Can the future employer check your EFP or Tax thru ur EPF no. and Income tax no. after you signed the PDPA form for interview? Does signing the PDPA form give them the power to checked it?

Employers have better ways to check your background than that.

So you are saying employers can simply take a look at ur EPF account details or Income tax payments and declarations as if they are the owner of it? From what I know and as stated by TS in this post, they do not have any rights to do that and EPF and LHDN also won't let them. But I'm curious if you signed the PDPA, will that let the employers be able to that. From the PDPA form I don't see anything of letting them to do that but I'm not expert in these.

This post has been edited by Aoumi: Sep 1 2019, 10:16 PM

Actually I have never the need to look at EPF and Income tax statements. To me it's not important at all. When a candidate asks for a certain salary I just have to ask him to justify for that amount. The kind of justification I'm expecting would sound like:

"For 2018 I handled, executed and completed RM12million worth of projects with a budget of RM8.5 million. Through judicial cost cutting measures coupled with sharp negotiating skills, I managed to complete the projects with only RM 7.4 million thus netting my employer an extra RM1.1 million.

The salary I asked represents only 6% of the total gross profit or 26% of the extra profit. Therein lies my justification."

This type of candidate would get hired immediately.

Don't get carried away. Answer is no. Unless they ask u give them a copy of statement.

Can an employer conduct background check after the issuance of letter of appointment (offer letter)

Typically they won't but they still can.

Most employees are on probation when they first join and you can still be let go relatively easily during probation.

In my case.. yes. I just joined current company since Aug 1. HR called my references on 2-3rd week lol. Luckily I had a great relationship with my previous boss, which he is more like a mentor to me right now.

I am joining a direct competitor and my previous boss still say good words about me, he just told me when I catchup with him the other week. But I think it is okay, as I switch my career path from marketing > partnership.

Good luck joining a financial institution then. Employee background check is mandatory:

http://www.bnm.gov.my/index.php?ch=57&pg=137&ac=681&bb=file

Just an extract as preview:
"8.1 A financial institution must request for references from all the individual’s current and former employers in the period of seven years up to the date of application for employment."

And there is statutory declaration under paragraph 9.1 if you are interested in reading further ...

Just sharing my 2-sen thought on signing PDPA here, I had a relative working in the same company with me although now both of us already resigned from the company.

PDPA form was given for employees to sign on the first day of work. Offer letter and other letters had a copy for employees, but not the PDPA form. After I signed, my relative told me after a few days about not signing the PDPA form, said that after you signed the PDPA form, company will use your private information without your consent.

I asked her whether she signed the form before, then she said the higher management team who worked closely with the bosses, none of them signed this form as to protect themselves from company using their information.

I feel like an idiot last time.