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Employers often conduct background checks to check whether job seekers have ever applied for labor arbitration. When they refuse to hire someone who has applied for labor arbitration, they usually do not clearly state the real reason. Some lawyers pointed out that this violates the workers' right to equal employment and is seriously contrary to the spirit of the Labor Law.

In previous reports, reporters from the Workers' Daily found that some workers' experience in defending their rights through labor arbitration would affect their subsequent job hunting and even lead to job rejection.

Some job seekers are puzzled by this: "How did the company know whether I have applied for labor arbitration?"

Liu Jia, an HR from a well-known Internet company, told the reporter that, in general, in order to avoid risks and improve efficiency, large-scale companies will entrust independent third-party background investigation agencies to conduct background checks on job seekers. To this end, the reporter contacted a third-party background investigation company online, which claimed on its promotional website that it could provide relevant services for companies or job seekers.

The reporter paid the staff 100 yuan in consultation fees and asked some questions on the grounds that he was a job seeker and needed background check services.

"Whether the labor arbitration records can be found online depends on the situation." Andy, the company's background investigation specialist, told reporters that when the labor arbitration enters the litigation stage, it will be included in the China Judgment Documents Network and can be found online. However, he also mentioned that after December 2023, the China Judgment Documents Network will be optimized and upgraded, and information after that time will not be available.

"If the labor arbitration has not entered the litigation stage, the records cannot be found online. But just because they cannot be found online does not mean they cannot be found offline." Andy introduced to the reporter the second offline inquiry channel: calling the HR and colleagues of the former company for consultation.

When an employer wants to conduct a background check on a job applicant, they will ask the applicant to provide their ID number and sign a background check authorization form. After obtaining the applicant's consent, the background check company will contact the applicant's former company HR and colleagues to inquire about their personal situation, and specifically inquire whether they have any experience in applying for labor arbitration.

Andy reminds job seekers that if they are worried about being discovered during labor arbitration, they can choose a legitimate reason not to provide the contact information of their previous employer. "But if the previous employer is a large and well-known company with a complete personnel system, the background investigator will contact the HR of the company through personal connections and entrust them to check the information of the job seeker in the background system."

"In this way, regardless of whether the labor arbitration enters the litigation stage, we will know whether the job applicant has applied for labor arbitration." Andy told reporters.

In addition to the above two information collection methods, Andy also revealed that some third-party background investigation companies will cooperate with certain data companies to find relevant information without informing job seekers in advance.

Andy said that some employers may refuse to hire job seekers with a labor arbitration record, fearing that there are potential risk factors and increased labor costs. This is disadvantageous to job seekers.

The situation described by Andy was also confirmed by some HRs. Wang Hao, an HR from a large Internet company, told the reporter: "Normally, third-party background investigation companies can find out everything." He further explained that background investigation is a procedure to verify the authenticity of information, criminal records, etc. If the job seeker conceals anything, the background investigation company will turn on a "red light" at the corresponding information.

"If many pieces of information show 'red lights', the employer's HR will directly suggest the recruiting business department to refuse the job; if the problem is not too serious, HR will discuss with the business department whether to hire the person. In cases such as whether to apply for labor arbitration, HR will generally discuss with the business department. Whether it will ultimately affect the hiring depends mainly on the attitude of the business department," said Wang Hao.

Liu Jia also said that some background check companies will contact the job applicant's previous supervisor or HR to ask about the reason for leaving, whether it was a voluntary resignation, layoffs, or labor arbitration.

In response to these practices of employers and background investigation companies, the reporter contacted Xu Yuanyuan, a lawyer at Beijing Kyoto Law Firm. She told the reporter that from a legal perspective, refusing to hire someone who has filed a labor arbitration with their original employer constitutes employment discrimination.

She pointed out that this behavior does not comply with the current laws and regulations, and does not justify differential treatment. It is a statutory right for workers to apply for labor arbitration to protect their rights as stipulated in the Labor Law, and it is a legal remedy for workers who are treated unfairly and unjustly by employers. Using "not hiring people who have filed for labor arbitration with their original employers" as a recruitment condition infringes on workers' equal employment rights and is seriously contrary to the spirit of the Labor Law.

In this regard, Liu Jia and Andy both stated that "having a labor arbitration record affects employment" is a hidden employment screening mechanism. Companies do not want to hire people with arbitration experience and will not tell them the real reason.

"In fact, there can be various reasons for refusing to hire a job applicant, and labor arbitration experience will not be the sole reason. If the job applicant has strong business capabilities and shining points, even if there has been a labor arbitration, the impact will not be significant," Liu Jia believes.

Labor arbitration is a right granted to workers by law and is also one of the means to safeguard their legitimate rights and interests. However, in reality, applying for labor arbitration has an impact on job hunting, which is a form of employment discrimination and unfairness. What should workers who encounter this situation do? Can relevant parties provide a better solution? The reporter will continue to pay attention. (Some interviewees are pseudonyms)