Health check before hiring is not a must

Employers may not request a health check from their prospective employees

02/02/2015

Once the job interview is over and the new job is within reach, the next hurdle is often already lurking: some employers are demanding a health check. The news agency „dpa“ talked to experts about the legal side of such investigations. For the future boss may not officially demand this.

Health Check puts pressure on many applicants
Lengthy back problems, migraines or mental problems are now among the common diseases. It is obvious that it is better not to tell the future employer about this. All the more worrying, if the new boss asks for a health check before the hiring. „Are employers allowed to do that?“ or „Am I obliged to participate in such an investigation?“ These are just some of the questions people face in such a situation.

Prof. Björn Gaul, specialist lawyer for employment law in Cologne, emphasizes to the news agency that such a (company) medical examination is always voluntary. It is up to the candidate to decide whether to have the health check carried out or not. But: „There is often a kind of factual compulsion“, complements Prof. Jobst-Hubertus Bauer, specialist lawyer for employment law from Stuttgart, in an interview with the agency. Unfortunately, some employers make the decision on whether an applicant gets the job depends on such an investigation. Thus, the applicant is under great pressure, so that he finally agrees, even if he actually does not want to participate in the health check.

Health certificate can be issued by the family doctor
According to lawyer Bauer, in some occupations the employer is even required by law to insist on a medical examination. This is the case for pilots, for example, or for young professionals under the age of 18. This should ensure that they do not perform any activity for which they are not suitable for health reasons, adds Sven Thora of the Bremen Chamber of Labor in an interview with the news agency.

Some workers insist on a health certificate, which can be issued by the family doctor. It confirms the health suitability of a candidate for a particular post. However, the health certificate does not contain any test results or health details.

Investigation results may not be passed on to the employer as part of the health check
In some cases, employers may also require certain medical tests, but they may only include examinations that are required by law and that allow for statements of fitness for work. In general, the employee must also agree to this test, so Gaul. In addition, prevail in professional life free choice of doctors, so Thora. An employer should not insist on a specific company doctor.

If the employee agrees to medical examinations for his employer, this does not mean that the future boss is informed of all the results. The doctor is subject to confidentiality - this also applies to the company doctor - and may only pass on the information to which the employee has consented. Normally, in the end, only an assessment is made as to whether or not an applicant is fit to carry out an activity from a health point of view. In principle, examination results are not passed on unless the applicant completely releases the doctor from his duty of confidentiality. But Thora does not recommend it. (Ag)