Employers hiring remote workers in Argentina, Brazil, and Colombia must navigate a complex backdrop of labor laws, data protection regulations, and cultural norms when conducting background and reference checks. Each country has specific legal frameworks – from Argentina’s Personal Data Protection Law to Brazil’s General Data Protection Law (LGPD) and Colombia’s Habeas Data laws – that shape what checks are permissible and how they must be performed. Across industries like technology, finance, and healthcare, the depth and focus of background checks can vary, with highly regulated sectors (finance, healthcare) often requiring more rigorous vetting.
Common checks include criminal record inquiries (with strict limitations in Argentina and Brazil), employment and education verifications, and occasionally credit history reviews for roles handling finances. Employers are advised to obtain explicit candidate consent, limit checks to job-relevant information, and avoid any practices that could be deemed discriminatory. This report provides a country-by-country overview of legal requirements, discusses industry-specific practices, outlines the types of checks typically used, and highlights best practices and challenges – offering actionable insights for multinational companies seeking to hire remote talent in these Latin American markets.
Country-Specific Legal Frameworks
Argentina
Argentina’s legal environment for background checks is defined by strong data protection laws and privacy rights. The principal statute is the Personal Data Protection Law (Law No. 25,326 of 2000), which regulates the processing of personal data and guarantees individuals’ privacy. Under this law, employers must obtain the candidate’s informed consent before gathering or using personal information for a background check. Sensitive data – such as information on health, religion, or union membership – is highly protected, and any data collected must be relevant to the job and handled confidentially.
Crucially, Argentine law places strict limits on criminal record checks. According to the Criminal Records Register Act (Law No. 22,117) and related regulations, an employer cannot directly access or run a criminal background check on a candidate; only the individual (or a legal representative) can request their official criminal record certificate and then choose to share it with the employer. In fact, Argentina’s data protection authority specifies that personal data relating to criminal records may be processed only by competent public authorities. This means companies may ask a candidate to provide a “Certificado de Antecedentes Penales” (criminal record certificate) obtained through the National Registry of Reoffenses, but cannot themselves retrieve that data.
Aside from criminal history, other background checks (employment history verification, education credentials, reference checks) are generally legal if done with consent and without discriminatory intent. Employers must also heed anti-discrimination norms (e.g. Argentina’s Anti-Discrimination Law No. 23,592) – they should avoid inquiries into personal attributes not related to the job (such as religion, political beliefs, etc.) on applications or interviews. Non-compliance with data privacy obligations (e.g. conducting checks without consent or retaining data improperly) can lead to penalties ranging from fines to cancellation of databases.
In summary, background screening in Argentina is allowed but highly regulated: it must comply with the Personal Data Protection Law, focus on job-relevant information, and exclude any checks (like direct criminal record searches) that violate privacy statutes
Brazil
Brazil lacks a single unified law specifically addressing employment background checks, but several legal provisions indirectly govern the practice. The Consolidation of Labor Laws (Consolidação das Leis do Trabalho – CLT) and the Federal Constitution provide broad protections against discriminatory hiring practices. In particular, Law No. 9,029/1995 explicitly prohibits discriminatory recruitment requirements based on factors such as sex, origin, race, color, marital status, family status, or age. Brazil’s highest labor court (Tribunal Superior do Trabalho) has interpreted these anti-discrimination provisions to include criminal background checks in most circumstances.
As a general rule, employers in Brazil should not request or rely on a candidate’s criminal record when making hiring decisions, as doing so has been deemed discriminatory against individuals who have been convicted of a crime. There are narrowly defined exceptions: case law permits criminal checks for certain roles that inherently demand a clean record due to safety and trust concerns.
These include positions such as domestic workers, caregivers for children/elderly, professional drivers, banking and finance employees, roles involving weapons or hazardous substances, and jobs with access to confidential information or positions of trust. For such roles, an employer may lawfully inquire into criminal history – and since criminal records are considered public in Brazil, an employer could search court or police databases without candidate consent in these exceptional cases. Outside of these exceptions, background checks in Brazil must be handled carefully.
The Brazilian General Data Protection Law (Lei Geral de Proteção de Dados – LGPD, Law No. 13,709/2018) applies to the processing of personal data, including during hiring screenings. Employers are required to have a legal basis (usually the candidate’s explicit consent) for collecting personal data in background checks and must abide by LGPD principles of necessity, transparency, and security. In practice, this means Brazilian employers should obtain written consent from candidates before conducting any checks and inform them of what information will be reviewed. The LGPD also imposes strict rules for handling sensitive personal data (e.g. information on health, ethnicity, biometrics) and for any international transfer of personal data (relevant if a multinational company sends background data abroad). Non-compliance with the LGPD can result in significant fines (up to 2% of company revenue) and other sanctions.
In summary, background checks are legal in Brazil provided they do not violate privacy or equality rights. Employers must focus on job-related verifications (identity, education, past employment), avoid prohibited checks (e.g. blanket criminal searches for ordinary roles) unless an exception applies, and always follow LGPD requirements for consent and data protection.
Colombia
Colombia permits pre-employment background checks, but they are governed by both anti-discrimination laws and robust data protection rules. Under Colombian labor law (mainly the Substantive Labor Code, Código Sustantivo del Trabajo), any background screening practice that could be considered discriminatory is prohibited unless objectively justified. Colombian regulations explicitly forbid certain inquiries during hiring – for example, employers cannot require HIV/AIDS tests, pregnancy tests, proof of military service status, or information on union membership or disabilities as conditions of employment. These prohibitions align with broader anti-discrimination protections that ban decisions based on health status, gender, political opinion, union affiliation, etc. unless directly relevant to the job.
When it comes to personal data, Colombia’s statutory framework is similar to European-style privacy laws. The key law is Law 1581 of 2012, the General Personal Data Protection Act, often referred to as Colombia’s “Habeas Data” law. This law requires that employers obtain authorization from candidates before collecting or processing their personal data for a background check. It also grants candidates rights to know, update, and correct any personal information held about them. Additionally, a specialized law (Law 1266 of 2008) protects personal credit information, meaning credit history checks must comply with privacy rules and the principle of data subject consent.
In practice, Colombian employers commonly do verify a candidate’s work experience, education, and personal references as part of routine background screening. Criminal record checks are allowed with the candidate’s consent and are relatively common, often conducted via the National Police or relevant authorities. However, similar to Brazil, Colombian law cautions against blanket rejection of candidates due to criminal history unless the nature of the role justifies it. It can be deemed discriminatory to deny employment solely based on a past conviction that is unrelated to the job’s requirements.
For this reason, it is recommended to request criminal record certificates (e.g. “Certificado de Antecedentes Judiciales”) only for roles where trust and safety are paramount, and to perform the check early in the hiring process – Colombian guidance suggests completing background checks before making a firm job offer, to avoid the perception of retracting an offer for discriminatory reasons.
As in other countries, the golden rules are consent and relevance: the applicant must explicitly agree to the checks, and the employer should only seek information pertinent to the candidate’s ability to perform the job. All data gathered must be handled in accordance with Law 1581 – meaning it should be kept secure, not excessive in scope, and not retained longer than necessary. Former employers in Colombia are also limited by privacy law in what information they can share about past employees, to prevent defamation or violation of privacy.
In summary, Colombia’s legal framework allows background checks as a standard hiring practice, but employers must steer clear of any inquiries that could be seen as invasive or discriminatory, and rigorously follow data protection procedures (authorization, purpose limitation, etc.) for all personal information collected.
Industry-Specific Considerations in Background Screening
While the core legal requirements apply across all sectors, the scope and intensity of background checks in Latin America often differ by industry. Below we examine practices in technology, finance, and healthcare – three sectors frequently hiring remote talent – with attention to Argentina, Brazil, and Colombia:
Technology Industry
Tech companies in these countries tend to emphasize skills and experience verification during hiring. Because tech roles (developers, engineers, designers) often involve intellectual property and access to company systems, employers focus on confirming a candidate’s educational qualifications, technical certifications, and past work history. These checks ensure the candidate actually possesses the claimed skills and experience.
For software positions, background screening is not as standardized as in highly regulated fields. Many tech employers rely on reference checks and interviews, with formal checks sometimes limited to education and previous employment verification. However, as remote tech work has grown, there is a heightened awareness of trust and data security. Companies may include a criminal record check for roles involving sensitive data or elevated access privileges – but only if relevant to the role, in line with local laws (for example, a criminal check might be justified for an IT administrator handling confidential data, but not for a developer with no security-related duties).
Credit history is generally not checked in tech positions unless the role has financial responsibilities. Overall, in the tech sector, compliance with privacy laws is maintained (consent obtained for any checks), and the checks are tailored to ensure they directly relate to job requirements to avoid unnecessary intrusions.
The competitive tech talent market also means checks must be efficient – many companies use specialized background check providers integrated with onboarding software to quickly validate tech candidates without discouraging them.
Finance Industry
Employers in banking, fintech, accounting, and other finance-related fields conduct some of the most rigorous background checks. Given the sensitive nature of financial data, money handling, and compliance requirements, finance sector checks are extensive in all three countries. It is common to verify a candidate’s credit history and financial records (where legally allowed) in addition to standard employment and education verifications.
For instance, Brazilian financial institutions often review candidates’ credit reports and any record of financial mismanagement, as part of assessing integrity and reducing fraud risk. Such credit checks are done with the candidate’s consent and are more frequent for roles like bank tellers, traders, or finance managers (Brazil’s LGPD treats financial data as personal data, so consent or another legal basis is required).
Criminal background checks are also commonly used in finance across Argentina, Brazil, and Colombia, because trust is paramount. Employers want to ensure a potential hire has no history of fraud, embezzlement, or other crimes that could pose a risk. Argentina and Brazil, as noted, restrict criminal checks – but in finance, an argument of “legitimate interest” or specific allowance often applies.
In Argentina’s financial sector, it’s customary (though not legally mandated) for candidates to present a police clearance certificate especially for roles involving fiduciary duty. Brazil explicitly lists “bankers” among roles where checking criminal history is permitted due to the nature of the job. Colombia’s banks similarly expect a clean criminal and financial record; while they cannot automatically disqualify someone for, say, a minor old offense, any serious issues would likely exclude a candidate on justified grounds of protecting the business. Moreover, finance employers often perform reference checks with greater rigor – contacting former supervisors to verify ethical behavior and performance.
Regulatory compliance is another factor: financial regulators in these countries may require that certain key positions (e.g. investment advisors, accountants in publicly traded firms) have verifiable credentials and no disqualifying background. In sum, the finance industry in Latin America places a strong emphasis on comprehensive screening – verifying identity, education (e.g. finance degrees or certifications like CPA), employment record, criminal record, and creditworthiness – to ensure candidates meet the high integrity standards of the field.
Healthcare Industry
The healthcare sector also demands thorough background checks, driven by patient safety and regulatory compliance. Hospitals, clinics, and telehealth companies hiring in Argentina, Brazil, or Colombia will typically verify an applicant’s professional licenses and credentials (such as medical degrees, nursing licenses, or other certifications) to confirm they are legitimate and up to date.
Educational verification is crucial, as is checking any professional board records for sanctions or malpractice history. Criminal record checks are standard practice for healthcare roles, since staff may work with vulnerable populations (sick patients, elderly, children) and must be trusted with sensitive health information. For example, a background check for a remote medical coder or telemedicine doctor in Colombia might include ensuring they have no record of crimes like insurance fraud or patient abuse.
In Brazil, healthcare employers are among those commonly conducting background screening – within the bounds of law – to avoid hiring someone with a history that could endanger patients or violate healthcare regulations. Argentina’s healthcare organizations likewise prioritize comprehensive checks: confirming the individual’s medical qualifications (often through the national or provincial medical registry), and often requiring a pre-employment medical exam (which is actually mandated by Argentine labor law to establish the employee’s health status at hiring).
Drug testing in healthcare is not very common in these countries due to privacy rules (and would require consent), but it might be used for safety-sensitive roles in limited cases. Across all three countries, healthcare employers must also handle health data carefully – any medical information gathered (for example, immunization status or health conditions relevant to the job) is sensitive personal data protected by privacy laws. Thus, while healthcare jobs demand more extensive vetting (for the sake of patient safety and institutional trust), the process must still respect the candidate’s privacy rights.
Generally, if a healthcare role involves direct patient care or access to pharmaceuticals, expect a deeper background check (including criminal and sometimes financial checks for roles managing budgets) than a non-clinical role. Authorities in these countries (like Brazil’s National Health Surveillance Agency or Argentina’s Ministry of Health) may have guidelines reinforcing that staff should have clean records and proper credentials. Ultimately, the healthcare industry’s screening in LatAm is about ensuring competence and trustworthiness – verifying that practitioners are qualified and have no history that could put patients or the organization at risk.
Note: Other industries also have specific considerations – for example, educational institutions will require background checks for teachers/tutors (especially to screen for any record of offenses against minors), and security firms will rigorously check criminal and military records for guards. Multinational companies should assess each role’s risk profile and industry regulations to determine the appropriate checks.
Types of Background Checks and Their Application
When hiring remote workers in Argentina, Brazil, and Colombia, employers commonly utilize several types of background checks. Each type serves a different purpose, and local laws influence how the check is conducted. Below are the primary categories of checks, with notes on their usage and any country-specific constraints:
Identity and Right-to-Work Verification
This basic step confirms the person’s identity and legal authorization to work. Employers will request a copy of a government-issued ID (passport, national ID card, or driver’s license) and, if applicable, proof of work permit or visa status. For remote hires, digital scans of IDs are used, and employers must handle these documents per data protection laws (as personal data). In Argentina and Colombia, providing a national ID number (DNI in Argentina, Cédula in Colombia) is standard, and in Brazil the CPF (tax ID) is often used.
Verifying identity also helps ensure any further checks (like criminal records) are pulled against the correct individual. Additionally, foreign employers hiring in these countries should verify that the worker has any required tax registration or freelance permit if they are contractors. (Note: In Argentina, foreign employees need to provide a criminal record certificate from countries of residence for immigration, but for local hires this is not required unless requested by the employees themselves as noted earlier.
Employment History Verification
This check involves contacting previous employers or using databases to confirm the candidate’s work history – positions held, dates of employment, and sometimes eligibility for rehire or reason for leaving. It is widely used and legally permitted in all three countries, with the candidate’s consent. Employers should inform candidates that they plan to speak with former employers or colleagues. In Brazil, it’s considered good practice (and courteous under labor law principles) to ask the candidate for permission before contacting references or former employers, to avoid breaching any confidentiality.
Typically, companies will ask the candidate to provide references or will limit inquiries to HR departments of previous employers for factual data (title and dates). One challenge can be local culture: in Latin America, formal reference letters are less common than in some other regions, so verbal reference calls are the norm. Also, due to privacy laws, ex-employers might be cautious in what information they disclose – they can confirm factual details but may avoid subjective commentary to prevent any legal liability for the disclosure.
Despite these nuances, verifying past employment is a crucial step to ensure the candidate has the experience they claim (and remotely, it helps build trust since the new employer cannot meet the candidate in person). All three countries allow this check as long as there’s no discrimination; for example, an employer should not use a reference check as a pretext to discover protected information (like union involvement) from a former employer. The best practice is to document the verification process and keep records of the information obtained in case any questions arise later.
Education and Credential Verification
Employers commonly validate a candidate’s educational background – degrees earned, institutions attended, and any professional certifications. This is particularly important for skilled positions (software engineers, accountants, nurses, etc.) to ensure the person has the promised qualifications.
In Argentina, Brazil, and Colombia, education verification is straightforward and legal with consent. Employers may ask for copies of diplomas or transcripts, or directly contact universities. Many universities in these countries will confirm degrees if provided with a signed authorization from the alumnus. There are also national databases or councils for certain professions (e.g. a nursing council, or a public accountant registry) that can confirm if a person is licensed. A remote employer might use third-party verification services to check international degrees or certifications.
Notably, verifying education is considered a standard practice – indeed, it is one of the most common checks in all three countries – and poses little legal risk as long as done consistently. However, any educational records obtained (like transcripts which may contain birthdate, student ID, etc.) are personal data protected under privacy laws, so they should be stored securely and not kept longer than necessary.
One industry-specific note: in tech, skills sometimes matter more than formal degrees, but companies will still want to verify any claimed degrees or courses to gauge honesty and background. In healthcare and finance, verifying credentials is often mandated by internal policy or regulation. For example, a bank hiring a CFA charterholder in Colombia will confirm that certification; a hospital hiring a doctor in Argentina will ensure they are registered with the Ministry of Health. In sum, education verification is both legally permitted and expected as part of due diligence in Latin American hiring.
Criminal Record Checks
This is the most sensitive type of check due to the privacy and discrimination issues discussed earlier. Argentina imposes the tightest restriction – employers cannot directly obtain an applicant’s criminal records; they may only request that the candidate furnish a criminal background certificate if relevant to the job. Thus, for an Argentine hire, if a role (say in finance or security) warrants a criminal check, the company typically asks the candidate to procure their “Certificado de Antecedentes Penales” from the National Registry (which is issued by the Ministry of Justice) and share it. The certificate is usually quick to obtain online with the individual’s request and is valid for a short period.
Brazil generally discourages criminal checks except for certain occupations as noted. If hiring for a permitted role (e.g. a caregiver or a banking role), an employer can search court records or ask the candidate for a clearance certificate. These certificates can be obtained from state police or federal databases depending on the jurisdiction of the crime. Even when legally allowed, Brazilian employers must ensure the check is used only to confirm eligibility (not to automatically reject someone for an unrelated old offense) to comply with anti-discrimination principles.
Colombia allows criminal record checks fairly commonly – many employers will request a “Certificado de Antecedentes Judiciales” from the National Police, which the candidate can obtain online. As noted, denying a job solely because of a criminal record that doesn’t affect job performance could be seen as discriminatory. In practice, for roles like software developer or customer service rep, companies might skip criminal checks in Colombia to avoid any implication of bias, whereas for a finance or childcare role, they will perform the check with the candidate’s consent and document why it’s job-related.
Across all countries, if a criminal check is conducted, the candidate’s consent and knowledge is crucial (aside from Brazil’s narrow exceptions). Employers should inform the individual of the check and, especially under laws like Colombia’s 1581 and Brazil’s LGPD, inform them of their rights and how the data will be used. It’s also a best practice to allow the candidate to explain any finding. Administratively, multinational companies often use background check vendors to handle criminal record searches in these countries to ensure compliance (the vendors know the legal steps, such as obtaining the person’s signed authorization and requesting records through proper channels).
Summary: Criminal checks are a valuable tool to mitigate risk but must be approached carefully in Latin America – only conducted when relevant, always respecting local legal limits, and never as a blanket measure on all applicants if the law prohibits it.
Credit History Checks
Credit or financial background checks involve reviewing an individual’s credit report, which can show debts, defaults, or financial reliability. These checks are less common overall, but are utilized in the finance sector or for roles handling money (e.g. accounting, procurement). Legally, credit data is considered personal information protected by privacy laws.
In Colombia, credit information is regulated by Law 1266/2008, which requires that the individual authorize access to their credit report and be informed of any adverse decision made because of that report. In Argentina, credit checks must comply with the Personal Data Protection Law – meaning the employer needs consent and must have a legitimate purpose (for example, checking a CFO candidate’s financial responsibility might be legitimate, whereas checking a software engineer’s credit might not be, as it’s not job-related).
Argentina’s banking system has databases like “Veraz” or central bank’s debtor database; accessing those for hiring would require candidate permission and could be viewed critically if not relevant. In Brazil, credit bureaus (like SERASA Experian) can provide credit reports, but under the LGPD, a credit check would involve processing sensitive financial data, so explicit consent or a clear legal basis is needed.
Brazilian employers typically only run credit checks for positions of trust in finance or when hiring for roles like finance director, where an indicator of personal financial stability might be considered pertinent. Even so, discrimination concerns exist – Brazilian courts might view rejection due to poor credit as unlawful unless the employer shows it is crucial for the role (e.g. hiring a financial controller with a history of personal default could be a red flag relevant to job performance).
Colombia and Argentina likewise would expect an employer to justify using credit history as a criterion. Practically, many multinational employers avoid routine credit checks in Latin America except for specific roles, to err on the side of privacy. If performed, the candidate should be given notice and often a copy of their own credit report.
In some cases, companies ask candidates to self-declare any serious financial issues rather than pulling a formal report, to avoid handling sensitive data. To summarize, credit checks are permissible but not widely utilized except in the financial industry; they should be reserved for when financial integrity is part of the job description and carried out in compliance with data protection requirements.
Other Checks (Drug Tests, Social Media, etc.)
Apart from the above core types, employers may consider additional screening elements. Drug testing in employment is relatively uncommon in Argentina, Brazil, and Colombia due to privacy and labor law constraints. Colombia and Chile explicitly prohibit random or pre-hire drug tests except for safety-critical roles (Brazil similarly treats medical exams as allowable only for fitness-for-work, not for screening lifestyle). If a remote role involves operating machinery or public safety (unlikely, but say a transportation job being done remotely), then a drug test might be justified; otherwise, employers generally do not include drug screening for remote office-based roles in these countries.
Social media and online presence checks are an emerging area – companies sometimes review publicly available social media profiles to get a sense of a candidate’s professionalism or cultural fit. This is allowed as long as the information is public and the employer does not violate any privacy settings to obtain it. However, organizations must be careful not to base hiring decisions on traits gleaned from social media that are protected (for example, seeing a candidate’s religious or political views on Facebook and letting that influence the decision would be discriminatory).
In Brazil, social media screening has become more common, but it must comply with the LGPD and anti-discrimination laws. Many companies in Latin America keep social media checks informal (not an official part of the process) to avoid legal implications. Public Records and Sanctions: Companies, especially those in finance or international NGOs, might also check global watchlists and sanctions (to ensure a hire is not on a terrorism or corruption blacklist).
These checks are legal if done through compliance databases, since they relate to regulatory requirements. Finally, medical fitness exams: Argentina and Colombia customarily require new hires to undergo a basic medical exam to document their health status for the job (ensuring they are fit for work and establishing baseline conditions). These are not “background checks” in the traditional sense but are part of onboarding for compliance with occupational health laws. They must be done after an employment offer and equally for all candidates in similar roles to avoid discrimination (e.g. you can’t selectively health-test only certain candidates).
In all cases, employers should ensure they apply the same types of checks for similar positions regardless of whether the employee is remote or on-site. Consistency helps demonstrate fairness and compliance with equal opportunity laws, while the specific scope of checks should be tailored to the job’s demands and the country’s legal allowances. By understanding the boundaries of each type of background check in Argentina, Brazil, and Colombia, companies can design a screening program that is thorough yet compliant.
Best Practices and Common Challenges
Conducting background and reference checks on remote workers in Latin America comes with several challenges – from navigating legal restrictions to managing cultural nuances – but these can be addressed with careful strategies. Below are best practices to ensure an effective and compliant screening process, as well as common obstacles and how to overcome them:
Obtain Explicit Consent in Writing
Always get the candidate’s written consent before performing any background check. This consent should list what checks will be done (e.g. employment verification, criminal record search) and authorize the employer or a third-party to collect the necessary information. In Argentina and Colombia, consent is not just a best practice but a legal requirement under data protection laws. In Brazil’s LGPD, consent or another legal basis is mandatory for processing personal data; when in doubt, consent is the safest route. Have the candidate sign a consent form (in their local language for clarity) as part of the application or onboarding process. This not only ensures legal compliance but also fosters transparency with the candidate.
Limit Checks to Job-Relevant Information
Tailor the scope of background checks to what is truly necessary for the position. Conducting overly broad or intrusive checks can violate privacy laws and create legal risks. For example, if hiring a software developer to work remotely, it may be unnecessary (and potentially viewed as invasive) to run a credit check or request medical history. Conversely, for a finance manager, it’s reasonable to verify credit or criminal records due to the job’s fiduciary nature.
By aligning each type of check with a clear job requirement, you demonstrate a “legitimate interest” and avoid the appearance of fishing for unrelated personal data. This practice is especially important in Latin America, where laws and courts are attentive to whether an employer’s inquiry was proportional to the role. Document your rationale for each type of check in case it needs to be justified later (e.g. “We perform criminal checks on roles handling sensitive financial data to ensure no fraud history, in compliance with local guidance”).
Ensure Confidentiality and Secure Data Handling
Treat all information gathered during background checks as confidential. Under laws like Argentina’s PDPL and Brazil’s LGPD, employers must protect personal data from unauthorized access, use, or disclosure. Best practices include using secure channels for transmitting data (encrypted email or secure portals for background check reports), limiting access to this information to staff who need to know (like HR personnel), and storing it securely (password-protected files or a secure HRIS).
Additionally, observe data retention rules: do not retain background check reports longer than necessary. Argentina’s law, for instance, prohibits keeping personal data once its purpose is fulfilled, so an employer should delete or securely archive the records after a decision is made and any dispute period lapses.
If data will be transferred out of the country (e.g. to a US headquarters), ensure compliance with cross-border transfer rules – Argentina requires the destination country have adequate protection or that standard contractual clauses are in place, and Brazil’s LGPD has similar requirements. Always inform candidates how their data will be used, stored, and for how long, as part of privacy notice obligations.
Avoid Discriminatory Practices
It is critical to steer clear of any background check practices that could be deemed discriminatory. This means both the questions you ask and the way you use the information must comply with non-discrimination laws. Do not ask candidates about personal characteristics such as ethnicity, religion, family plans, or political views during checks or interviews. In Colombia, for example, checking into a candidate’s union membership or political affiliation is explicitly prohibited.
In Brazil, as noted, broadly checking criminal records for most roles could be seen as discriminatory against those with past convictions. Ensure that any decision you make is based on legitimate, job-related criteria. If a background check reveals something negative (e.g. a bad credit score or a minor criminal offense), evaluate whether it truly impairs the candidate’s ability to perform the job. If not, using it to reject the candidate could be unlawful.
It’s a best practice to have a second person or a committee review any potentially disqualifying information to confirm that rejecting the candidate is consistent with company policy and local law (for instance, if a Colombian candidate’s record shows a misdemeanor, decide if it’s relevant; if irrelevant, do not factor it in, as Colombian law would expect an objective job-related justification.
Additionally, apply checks uniformly: for the same role, screen all candidates using the same criteria to avoid claims of bias. Document your hiring decisions and the reasons – if you ever need to defend a decision (e.g. why one person was not hired), you can show it was due to legitimate job qualifications or background results directly tied to the job, not an unlawful bias.
Work with Reputable Local Partners
One of the challenges of remote hiring in multiple countries is understanding and complying with each country’s unique processes for background checks. It is often beneficial to partner with a background screening firm or service that has expertise in Latin America. Many international background check companies operate in Argentina, Brazil, and Colombia and stay up-to-date on the latest legal developments. They can help obtain records (e.g. criminal certificates, education verifications) faster and in compliance with local protocols.
For example, a local screening partner in Argentina will know that only the individual can pull their criminal record, and might facilitate sending the candidate a link to request it. In Brazil, a local expert will understand the patchwork of state and federal criminal databases and the need for checking multiple sources if allowed. Using such services can streamline the process and reduce the risk of a misstep.
If not using an outside firm, at least consult with local counsel or HR advisors in each country when establishing your screening policy. They can advise on questions like: “Can we include a clause in the offer making it conditional on background check results?” (In Colombia, conditional offers that are later retracted due to background checks are frowned upon, so they’d advise doing checks earlier). Local expertise is invaluable for navigating language issues too – e.g. understanding a Colombian police report or the nuances of an Argentine reference call.
Cultural Sensitivity and Candidate Experience
Understand that attitudes towards background checks can differ culturally. Some candidates in Latin America might not be familiar with extensive screening, especially if coming from companies or sectors that didn’t practice it. It’s a best practice to communicate clearly and transparently with candidates about the process. Provide an explanation of why the checks are done (“It’s part of our standard policy for all hires to ensure a safe and trust-based work environment”) and reassure them that everyone goes through it and that their information will be protected. Being upfront can help avoid any suspicion or offense.
Also, be prepared to handle potential delays or bureaucratic hurdles gracefully – for instance, if a candidate in Argentina is trying to get their criminal record certificate but encounters delays at the Ministry website, work with them and perhaps adjust the start date if needed, rather than pressuring them. Another tip is to respect privacy when communicating about checks; for example, don’t cc a large group on an email asking a candidate for sensitive info. Maintain one-on-one communication.
Culturally, personal relationships matter in Latin America – so HR should approach reference checks in a personable way. When calling a reference, a polite introduction and some small talk can go a long way. Also note that in some Latin American cultures, direct criticism is avoided, so a reference might be politely positive or neutral. Reading between the lines or asking the candidate for additional references may be necessary.
Respecting candidates’ rights is also important: if a candidate asks to see their background check results, be prepared to share and discuss them (indeed, under data laws like Colombia’s, they have the right to access that information. By handling the process with transparency and respect, you not only stay compliant but also build trust with your new remote hires from the outset.
Handling Adverse Findings and Next Steps
If a background check uncovers issues (criminal record, misrepresented credentials, etc.), approach the situation methodically. First, verify the information is accurate and related to the correct person – cases of mistaken identity or errors in records can happen. Under privacy laws, candidates have the right to correct incorrect data, so allow the individual to explain or dispute a finding. For example, if a Brazilian candidate’s background report shows a legal case, give them an opportunity to clarify what it is (maybe it was a civil case, not criminal, or a charge that was dropped).
Keep discussions objective and focused on job relevance: explain if something is potentially disqualifying and give the person a chance to respond. This not only is fair practice, but also in some jurisdictions it’s a legal expectation (some countries require an “adverse action” process – while that term is formalized in U.S. law, the concept of fairness is universal). Maintain confidentiality about any such issues – only involve decision-makers who need to assess the situation. After considering the candidate’s input, document the decision.
If you decide to rescind an offer or not hire due to the background check, some companies choose to provide a brief, non-discriminatory explanation to the candidate (though not legally required in these countries, it can prevent the candidate from speculating the worst). Ensure that reason is compliant (e.g. “Your certification could not be verified” or “The role requires a clean record due to legal compliance”).
Also, internally record why it was necessary to take that action (for instance, in Colombia, note the “objective justification” such as a trust requirement, in case of any later inquiry). Finally, treat all candidates consistently: have standard guidelines for what types of results lead to disqualification, and apply them equally across nationalities and backgrounds.
Plan for Logistics and Timing
Conducting checks in Latin America can sometimes take longer than in other regions. For instance, obtaining official records from government offices might have variable turnaround times. Plan your recruitment timelines to accommodate this. It’s wise to initiate background checks early (after a conditional offer or late-stage candidacy) so that results are in before the start date. However, as noted, in Colombia it’s better to complete checks before issuing a formal offer to avoid the perception of a withdrawn offer being discriminatory.
Align with local best practice: you might state in a Colombian candidate’s process, “selection is subject to successful background verification” but actually wait to present the final contract until checks clear. For Argentina and Brazil, you can have an offer signed but make employment contingent on no disqualifying findings – just be sure the contingencies are legal and clearly communicated. Manage expectations with hiring managers about these timelines.
Remote work aspect: Because the worker is not in your office, all checks will be remote too – ensure the candidate knows how to provide what’s needed (scans, digital copies, etc.). Use electronic signature tools for consent forms. If a drug test or medical exam is needed, you may have to arrange for the candidate to visit a local clinic; coordinate that and clarify who bears any cost (usually the employer should).
Build a Consistent Global Policy with Local Flexibility
Multinational employers should have a global background check policy to ensure a baseline level of screening and fairness across the company. However, that policy must be adapted per country. Define the standard checks for all hires (perhaps identity, employment, education, references globally), then layer on additional checks only where legal and appropriate (criminal, credit, etc. depending on country and role).
For instance, your global policy might say “We conduct criminal record checks on all employees where permitted by law.” Then your local Latin America appendices would refine that: “In Argentina, a criminal certificate will be requested from the candidate for high-trust roles; in Brazil, criminal checks are only done for exempted positions like finance/security; in Colombia, criminal checks are done for [list roles] with consent.” This way, you have consistency in intent but compliance in execution.
Train your recruiting team about these differences so they don’t accidentally apply a US or European procedure to a Latin American hire. Having structured processes and engaging professionals in each country will reduce mistakes and ensure you get the information you need without crossing legal lines
The Takeaway
By understanding the types of reference checks and following best practices, companies can effectively mitigate the risks associated with hiring remote workers abroad. They will be able to verify their candidates’ backgrounds thoroughly while respecting legal boundaries and cultural expectations. The result is a hiring process that upholds trust and safety for the organization and its stakeholders, and also provides a positive, respectful experience for the candidates.
If you’d like to hire remote talent but want to skip the process of conducting reference checks, South can do it for you. Schedule a free call with us and save money, time, and hassle while finding the perfect Latin American candidates for your open positions.
