Recruitment and Selection – HR Guide
Introduction to recruitment and selection
Getting your recruitment and selection process right is should be top priority for employers and recruiters as it is an established fact that PEOPLE are an organization’s most important asset. Getting your recruitment and selection process wrong can cost a business more than three times the amount it costs to hire an employee. Prior to employment, employees still attract the protection of the law even before an offer of employment is made to them. The right process, limits not only the legal challenges but also it helps to minimize the mistakes often made in recruitment.
Taking each individual element of the recruitment and selection process and ensuring that thought goes into each area, ideally resulting in a recruitment plan, assists in ensuring that the process results in the vacancy being offered to the most suitable candidate.
The recruitment and selection process
Pre-recruitment is when the business has identified that a position needs to be filled. It is at this stage that the business needs to identify the type of worker needed to fill that position. Whether the position calls for cover on a short term basis or a person who is full time employed or employed on contract.
Employers should ensure that vacancies are also advertised internally to create room for career growth as well as serve as a retention strategy. Also, employers should take note of employees on leave and communicate any vacancies within the organization to them as well.
Job requirements should as much as possible be devoid of discriminatory remarks such as prospective applicants’ tribe, religion, age, et cetera.
Agency workers are often used to help businesses on a short term basis, either to act as cover for absent staff or to cope with unexpected increases in workloads. A key question in any such relationship concerns the employment status of agency workers.
Apprenticeships combine practical training in a job with study, whilst gaining job-specific skills and working towards a related qualification. An apprenticeship can take a number of years to complete depending on the level of qualification but not legally more than 5 years and is ideal for those employers who wish to build and retain new talent within their organization.
This is usually determined by the employer and agreed to by the apprentice. All terms and conditions including remuneration is to be written as an agreement document and signed by both parties.
Employed or contract employed
The distinction between a person who is fulltime employed and another who is on contract is usually clear. However, when there is a legal claim by an individual against an employer, the law would first off determine if the individual is a contract worker or a full time worker.
The main distinctions between a contract worker and a fulltime worker are:
- It is the responsibility of the employer to deduct PAYE and pensions and other statutory contributions from the fulltime worker’s salary before payment to be remitted to the relevant authorities. The contract worker usually does self-assessment and takes care of his/her tax responsibilities.
There should be a written contract of engagement/employment with terms and conditions of engagement/employment duly executed by employer and employee (full time, temporary or contract) in the event of disputes.
Employees and workers
An employee is defined as an individual who has entered into or who works under a Contract of Employment. Arising from this status as an employee, a large number of statutory rights have developed. These are:
- Continuity of employment on the transfer of an undertaking
- Equality for fixed term employees
- Guarantee payments
- Itemized pay statements
- Maternity, adoption and paternity rights
- Minimum periods of notice
- Not to suffer unlawful deductions from wages
- Parental rights
- Medical suspension payments
- Redundancy rights
- Flexible working
- Statutory sick pay
- Time off during working hours
- Unfair dismissal protection
- Written statement of the main terms and conditions of employment
- Written statement of the reasons for dismissal
Right to work
An employer can only employ an individual who has permission to live and work in Nigeria. Nigerian citizens are exempt from immigration control and can automatically settle and work in the country.
The scope of discrimination legislation in force covers job applicants and workers (including workers under a contract for apprenticeship) and in certain circumstances former workers and workers who work wholly or partly in Nigeria. Volunteers working under a non-contractual volunteer agreement will normally not be covered unless they perform their services under a contractual arrangement. The legislation covers workers before, during and after employment.
Equality and diversity
Equality and diversity promotes equality, giving individuals the opportunity to achieve their potential free from discrimination. This includes:
- Religion and belief
Offer of employment
The process of forming the contract begins when the offer of employment is made.
There is a statutory requirement to issue a statement of the main terms and conditions of employment within and not more than 3 months of the employee commencing work. Employers must remember that a failure to issue a statement of main terms and conditions of employment, within 3 calendar months of employment commencing, can result in an employee making a claim to a Tribunal. Before a contract becomes legally binding, it needs to contain four elements:
- An offer
- An acceptance
- Consideration i.e. the mutual obligations of each party towards the other
- An intention to create a legally binding contract
In circumstances where an employee is offered, and has accepted a job, employers may have some liability if they withdraw the job offer prior to the commencement of the employment. Offers and acceptances of employment can also be verbal although it is obviously advisable that all such communications are confirmed in writing. Employers may be bound by any verbal or written commitments, given at interview or offer stage and great care should therefore be taken in relation to the communications given to employees, or prospective employees, at this stage.