In addition to new decisions and habits, the transition into the new year is traditionally a time when people seek new opportunities in both their personal and professional lives, such as a new job. In an era of rapid dissemination of misinformation and constant manipulation of the emotions of the weakest links in society, among which are job seekers, there is a noticeable and concerning increase in fake job ads, especially on LinkedIn, a social network designed for professional networking, but also elsewhere, such as in videos on YouTube. Attractive working conditions, above-average salaries, the possibility of working from home, and many perks lure applicants to apply quickly with just a few clicks, after which silence often follows from the other side. At first glance, they appear legitimate, as some of these fake ads are even posted under the names of reputable companies, but the true intent behind them is questionable.
Whether employers (real or fake) are trying to collect personal data from potential employees, gauge the state of the job market, or raise awareness of their brand with job ads that have no real intention of hiring, there is also a real danger that hackers and criminals may be lurking on the other side. Unfortunately, job ads are yet another possible channel for spreading malware, as well as financial fraud and extortion. Therefore, it is more important than ever to approach offers from social networks, including those related to attractive job ads, with caution.
In the worst-case scenario – a lawsuit
In protecting against this deceptive and unfair business practice, government agencies or regulatory bodies responsible for the labor market that oversee job advertising, as well as consumer protection agencies, play an important role, emphasizes attorney Kristina Bajsić Bogović from the law firm Horvat & Zebec & Bajsić Bogović.
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—– Both websites and platforms specialized in employment often have their own mechanisms for verifying and filtering ads. They conduct verification procedures to ensure the legitimacy of employers, which reduces the risk of fraud. In some industrial sectors, professional organizations or unions may also play a role in monitoring and setting standards for job advertising, providing an additional layer of protection, explains Bajsić Bogović.
As an example of distinguishing between fake and real job ads, the employment agency Selectio issues its Employer Partner certificate as a guarantee, and only to those companies that have undergone an analysis of their human resources systems and have proven to have high and professional standards in all processes. Although they are familiar with the phenomenon of fake job ads, Selectio briefly points out that they do not collaborate with such profiles and can only speculate on the reasons and motives behind such actions.
That various certificates and confirmations make sense is also evidenced by the fact that fake ads, besides being an ethical problem, can pose a serious legal threat. Bajsić Bogović warns that the practice of using fake job ads to collect personal data can be litigable, but penalties and lawsuits serve only as a last line of defense against unethical employer practices.
– Such practices could be in violation of GDPR and other laws that protect personal data, labor rights, and consumer protection. When personal data is collected in a way that the respondent is not provided with complete and truthful information about the processing, its purpose, and the data controller, as is the case with fake job ads, it violates the principles of transparency and legality of data processing according to GDPR and similar data protection laws. If a company uses fake job ads to collect personal data without a real intention to hire, it can be considered deception. In accordance with general legal principles, as stated in the part of the law that says it is punishable to ‘mislead someone by false representation or concealment of facts’, such activities can be understood as fraud. This is particularly relevant if personal data is misused for unlawful financial gain, says Bajsić Bogović.
