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I'm from Portugal and living in Poland now. I have passed a recruiting process for a Danish company here in Poland.

The company stated that as I'm not Danish, nor Polish, I should go through an additional verification process that requires more documents (like a Police Clearance Certificate or PCC) in order to sign the contract.

I'm asking if this goes against EU law, article 21:

https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=OJ:C:2007:303:TOC

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:C:2007:303:FULL&from=EN

Non-discrimination

  1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.

  2. Within the scope of application of the Treaties and without prejudice to any of their specific provisions, any discrimination on grounds of nationality shall be prohibited.

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    What is the nature of those documents? Are those only to confirm your nationality? It is reasonable to expect that a Danish company in Poland has easier way to check the nationality of Polish and Danish citizens so they need to make less checks, but to equate that to discrimination...
    – SJuan76
    Commented Jan 21, 2021 at 17:56
  • @SJuan76 no, they ask me (among other) for example a Police Clearance Certificate (PCC).
    – user36390
    Commented Jan 21, 2021 at 18:00
  • What is a PCC, and what, in general, must a person do to obtain one, please? Commented Jan 21, 2021 at 18:21
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    in Germany a "Polizeiliches Führungszeugnis" is standard requirement.
    – Trish
    Commented Jan 21, 2021 at 18:22
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    I know some employers can request such a document from the police or public records in some countries - maybe the company has such privileges in denmark and poland.
    – Trish
    Commented Jan 21, 2021 at 18:27

1 Answer 1

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Is it legal?

The request for additional documents seems lawful. The fact that an employer's screening process is not streamlined for all nationalities does not imply that candidates who are not citizens of Denmark or Poland are subjected to unlawful discrimination.

Quite the contrary, the request in and of itself reflects that the company is not ruling you out merely on grounds of your nationality. There might be a finding of discrimination if the company incurred in a pattern of vexatious requirements, but that is not palpable in your description.

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