Question: How should I respond to an employer asking if I have been convicted of a crime?
In the Philippines, employers commonly ask job applicants if they have ever been convicted of a crime. This question is part of the standard employment screening process, and it’s important to respond honestly and accurately.
Legal Background and Requirements
The legal framework in the Philippines does not prohibit employers from asking about an applicant's criminal history. However, the country’s laws and regulations encourage fair hiring practices, which includes not discriminating against applicants solely based on past convictions, especially if the crime is minor and not directly related to the job in question.
The Data Privacy Act of 2012 (Republic Act No. 10173) also plays a role in how employers handle sensitive information, including criminal records. Employers must ensure that the collection and processing of this information are done lawfully and with respect for the privacy rights of the individual.
How to Respond
When responding to a question about past criminal convictions, honesty is paramount. You should clearly and truthfully state whether you have been convicted of a crime. If you have a conviction, it is advisable to provide additional context if given the opportunity. For example, you could explain the circumstances of the offense, the time elapsed since the conviction, and any rehabilitation efforts or positive changes made since then.
If the conviction is minor, such as for a non-serious offense like "Unjust Vexation," it may be helpful to point out that this offense is relatively minor under Philippine law and does not imply any moral turpitude. Employers often take into consideration the nature of the offense, its relevance to the job, and any mitigating factors.
Disclosure Obligations
It is crucial to understand that failing to disclose a conviction when asked can lead to consequences, including the possibility of termination if the omission is discovered later. Employers have the right to verify the information provided, and discrepancies can reflect poorly on an applicant’s integrity.
However, some employers may consider the relevance of the conviction to the position you are applying for. For example, a minor conviction unrelated to the job’s responsibilities might be viewed more leniently.
Legal Protections
Philippine law does provide some protection against discrimination based on criminal history. The Supreme Court of the Philippines has ruled that employees cannot be dismissed solely due to a past conviction unless it directly impacts their ability to perform the job duties. This principle is rooted in the broader protection of workers' rights and the belief in the possibility of rehabilitation.
In summary, when asked about criminal convictions on a job application in the Philippines, it is important to respond truthfully, providing context where appropriate. While employers have the right to ask, they must also consider the relevance and impact of any conviction on the job role, as well as the applicant's right to privacy and protection from unjust discrimination.