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Background check failure no reason given-My rights?

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  1. #31

    Join Date
    Feb 2011
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    Quote Originally Posted by HKG_2018:
    Yeah that's true..very small world here...but without knowing what has happened will put any future employment in jeopardy...and atleast with this firm bridges are burnt...
    I don't believe something is hidden--there might be other reasons at play unrelated to you.

  2. #32

    Join Date
    Mar 2008
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    135

    Whilst what has occurred appears to be very unusual practice and very unfair, to go down the legal route you would need to be able to demonstrate that the Bank has knowingly committed a breach of legislation or some kind of duty of care - unreasonableness and poor HR practice is not illegal but, in my opinion, common in Hong Kong.

    Using solicitors in Hong Kong is an expensive game and often doesn't produce the desired results. Also if you were able to demonstrate all of this the actual direct financial loss is relatively small and going to a Small Claims Tribunal may get you a judgment but getting it enforced is a whole different matter. Also this is a small town and unless you are wealthy and influential you wouldn't want to sabotage your future career over such matters.

    I completely agree that the banks actions were unprofessional and unethical - but banks, especially in Hong Kong, have behaved badly for decades, if not centuries, without being called to account. Chalk it up as a bad experience and ensure that you don't take similar actions in the future unless your employment contract or the Employment Ordinance empowers you to do such.

    Last edited by Soutie; 08-03-2018 at 10:13 PM. Reason: spelling
    HKG_2018, TheBrit, shri and 3 others like this.

  3. #33

    Join Date
    Mar 2018
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    Quote Originally Posted by MandM!:
    I don't believe something is hidden--there might be other reasons at play unrelated to you.
    As we analyze this more it is becoming highly probable that there are other forces at play...right now the only thing we want is to understand the reason..sending a registered post is what we are gonna do...

  4. #34

    Join Date
    Jan 2018
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    1,492
    Quote Originally Posted by MandM!:
    I don't believe something is hidden--there might be other reasons at play unrelated to you.
    Hidden reasons... Why are both the background check company and the bank refusing to divulge information that is mandated to be disclosed in many other parts of the world? Maybe it's just being careful but the logic dictates that if it's the candidate that did something wrong, then why not release the information?There's no harm to them... unless they screwed up.

  5. #35

    Join Date
    Jun 2015
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    505

    Hire a PI to investigate?


  6. #36

    Join Date
    Dec 2013
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    I feel bad writing this, but is it possible that your wife is keeping secrets from you?


  7. #37

    Join Date
    May 2006
    Posts
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    If the hiring manager is telling the truth, something very serious was found, such as a criminal record. Otherwise, they know the reason, but just aren't willing to tell you - in which case, it could range from discrepancies with resume to bankruptcy.

    Your best option may be to invoke Privacy Ordinance DPP 6 "access to personal data" and send a written request to the company Privacy Officer for all personal data that has been collected by the company in relation to your employment application. See questions 19 & 20 in the Guidance Notes

    https://www.pcpd.org.hk/english/reso...ection_77.html

    https://www.pcpd.org.hk/english/reso...ct2_hrm_4.html

    TheBrit, shri, gigglinggal and 2 others like this.

  8. #38

    Join Date
    Mar 2018
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    17
    Quote Originally Posted by answerer:
    If the hiring manager is telling the truth, something very serious was found, such as a criminal record. Otherwise, they know the reason, but just aren't willing to tell you - in which case, it could range from discrepancies with resume to bankruptcy.

    Your best option may be to invoke Privacy Ordinance DPP 6 "access to personal data" and send a written request to the company Privacy Officer for all personal data that has been collected by the company in relation to your employment application. See questions 19 & 20 in the Guidance Notes

    https://www.pcpd.org.hk/english/reso...ection_77.html

    https://www.pcpd.org.hk/english/reso...ct2_hrm_4.html
    Thanks, we are pretty sure there is no criminal record and no bankruptcy for sure, not much chance on resume falsification as there is only job before this for 10 years...we will look at this ordinance and see if this can be invoked

  9. #39

    Join Date
    May 2006
    Posts
    457

    Criminal record could include youthful indiscretions such as: drunk driving, drugs
    Falsification could be on education

    Otherwise, relatives who are government officials


  10. #40

    Join Date
    May 2014
    Location
    Hong Kong
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    Reading the mayerbrownjsm overview on background checks from MandM!, does 17 (d) not allow you access to your personal information? This is your personal information and I believe the law says you are entitled to have access to anything in a file about you.