Employers who advertise a publicly advertised job posting must include a statement on whether the posting is for an existing vacancy or not, which means that:
if the posting is for an existing vacancy, the employer must state that it is for an existing vacancy
if the posting is not for an existing vacancy, the employer must state that there is no existing vacancy
An existing vacancy means a position that is imminently available for a qualified candidate to fill.
Note: this requirement does not create an obligation for an employer to fill the vacancy.
Information to applicants interviewed
If an employer interviews an applicant for a publicly advertised job posting, they are required to inform that applicant, within a specified timeframe, whether they have made a hiring decision for that posting.
This requirement applies equally where the employer engages a third party (for example, a recruiting firm) to interview applicants on their behalf. The employer may ask the third party to provide the information to the applicants on their behalf, but the employer has the responsibility for ensuring that this is done as required.
The employer must provide the information within 45 days after the date of the interview or, if the applicant is interviewed more than once, then within 45 days after the date of the last interview.
Where the interviews are fewer than 45 days apart, the employer is only required to inform the applicant once (that is, within 45 days after the date of the last interview). Where the interviews are more than 45 days apart, the employer must inform the applicant within 45 days after each interview.
The employer must provide the information in person, in writing or using technology. This includes telephone calls, videoconference, email and text message. In addition, an employer may post a status update to their website, job application portal, or other online database, so long as the applicant is provided with a link to the website, portal or database.
Requirements for persons who operate job posting platforms
A person who operates a job posting platform is required to have the following things in place:
A mechanism or procedure for users of the platform to report fraudulent publicly advertised job postings. This mechanism or procedure must be displayed in a visible place on the platform where it is likely to come to the attention of users
A written policy about fraudulent publicly advertised job postings, which must include information about how fraudulent publicly advertised job postings are addressed. The written policy must be posted in at least one visible place on the platform where it is likely to come to the attention of users
If the person operating the platform changes or updates the written policy, they must post a revised copy.
Generally, a publicly advertised job posting is considered fraudulent if there is an intent to defraud for an improper purpose, contrasted with an honest and unintentional mistake. For example: where the posting advertises a position that does not exist for the purpose of deceiving applicants into sharing personal information for financial exploitation or identity theft.
Note this requirement does not create an obligation for a person operating a job posting platform to address fraudulent publicly advertised job postings in a particular manner. It is up to the person to decide how they will address fraudulent publicly advertised job postings.
Record-keeping requirements
Job postings
Employers must retain, or arrange for some other person to retain, a copy of every publicly advertised job posting, and any associated application form, for 3 years after access to the posting by the general public is removed.
Where the employer includes in the publicly advertised job posting a link to a website or a copy of a document with information relevant to the posting, the information included in those sources is part of the posting. As a result, the employer must retain a copy of any linked sources in addition to the job posting.
If the content of the publicly advertised job posting is revised during its posting period, the employer must also retain a copy of each version of the posting that was advertised to the general public.
Employers must retain, or arrange for some other person to retain, copies of all information required to be provided to an applicant who is interviewed for a publicly advertised job posting, for 3 years after the day the information was provided to that applicant.
This requirement applies regardless of the method used to provide the information to the applicant (for example, via a telephone call, email or job portal update).