Screening a candidate before they join is a legitimate and increasingly common practice in Argentina. But not everything may be asked or looked into: the law defines what may lawfully be verified, under which conditions, and what is outright prohibited. Knowing those limits is not a technicality; it is what separates a serious verification from a legal risk for the employer.
What may lawfully be verified, with consent
With the candidate's informed consent and a defined purpose — assessing their suitability for a specific role — an employer may verify, among other points:
- Identity: that the person is who they claim to be, by checking the documentation they present.
- Employment history: the employers, positions and periods the candidate declares.
- Education: degrees and certifications, confirmed with the institutions that issued them.
- Work references: the views of people who worked with the candidate, limited to their professional performance.
- Home and environment: in socio-environmental reports with a home visit, assessed by a licensed professional.
The key word is consent. Law 25,326 on Personal Data Protection requires that data subjects know who processes their data, for what purpose and to what extent. A verification that starts without that consent is flawed from the outset, however valuable the information obtained may seem.
What is prohibited
Section 73 of the Labor Contract Law is explicit, and it applies at the time of hiring, during the employment relationship and upon its termination:
The employer may not conduct surveys, make inquiries or investigate the worker's political, religious, union or cultural opinions, or their sexual orientation (Section 73, Labor Contract Law).
Added to that prohibition are the sensitive data defined by Law 25,326: racial and ethnic origin, religious, philosophical or moral convictions, union membership, and information concerning health or sexual life. No one is required to provide them, and a serious selection process simply does not ask for them.
The relevance principle: only what the role justifies
Even within what is permitted, not every piece of data is valid for every search. Section 4 of Law 25,326 establishes that the data collected must be accurate, adequate, relevant and not excessive in relation to the purpose for which it is obtained. Applied to hiring: you verify what is directly related to the role. Credit standing, for instance, may be relevant for a position that handles funds, and excessive for one that does not. The question that organizes the whole process is always the same: what does this role need to know?
Criminal records: only the individual can request the certificate
A frequent point of confusion: the Criminal Records Certificate is issued by the National Registry of Recidivism (RNR) and can only be requested by the individual concerned, with their own ID. Neither the employer nor a consultancy can request it on the candidate's behalf. What the employer can do, when the nature of the role justifies it, is ask the candidate to obtain the certificate and submit it as part of their documentation.
Verifying legally also protects the employer
Complying with these rules is not just about avoiding penalties: it protects the hiring decision itself.
- Documented consent leaves a record that the candidate knew and accepted what would be verified.
- A report with verified facts and their sources, with no verdicts or scores, allows the decision to rest on checkable information — not on impressions.
- Not collecting prohibited data reduces exposure to discrimination claims in the selection process.
- The involvement of a licensed professional in field verification backs the content of the report.
A verification done outside the legal framework can turn a good business decision into a legal problem. Done within it, it makes that decision stronger.
This article is for information purposes only and does not constitute legal advice. For your specific case, consult a legal professional.
At Socioambientales DM we verify within the legal framework: with informed consent, a relevance-based approach and facts with their sources. If you want to add background verification to your hiring process, get in touch.