Recruit
China takes a restrictive approach to employment screening. Employers cannot search criminal records themselves, several common checks are prohibited outright, and the personal information law sets a high bar for handling sensitive data.
Criminal record checks
There is no employer facing criminal records database. The candidate applies to the local public security bureau for a certificate confirming the absence of a criminal record and provides it to the employer. Employers should not attempt to obtain records through third parties, as unauthorised access to personal information carries serious consequences. Certificates are commonly required in financial services, education, childcare, private security, and roles with access to sensitive data.
What employers can check
Identity, employment history, and academic qualifications are all legitimate, and the Labour Contract Law entitles an employer to information directly relevant to the contract. Degrees can be verified through the national higher education verification system, which is reliable and widely used. Confirming that a candidate has ended any previous employment relationship matters, because hiring someone still under contract elsewhere can create liability.
Prohibited checks
Testing for hepatitis B as a hiring condition is prohibited, as is discrimination on that basis. Pregnancy testing and enquiries into family plans are not permitted. Health checks should be limited to fitness for the specific role.
Data protection
The Personal Information Protection Law governs processing, and criminal and health information are treated as sensitive personal information requiring separate consent, a clear necessity, and additional safeguards. Cross border transfer of employee data to a parent company abroad has its own compliance requirements that need to be addressed before any screening data leaves the country.
Practical guidance
Ask candidates to obtain their own certificates, keep separate written consent for sensitive data, and plan for data localisation. An employer of record can manage this if you have no Chinese entity.
