Preemployment screening usually conducted by business executives for potential employees that applied for jobs.
It is not strange to have the employers going out of bound during the Preemployment test, however, there are rules of thumb to follow.
These rules are industry standards to protect the interests and privacy of both the employers and the employees, says chaktty.
The following are some of the criteria of Preemployment screening test.
Relevance to the activity
Whether certain pre-employment examinations are sensible and permissible or not can best seen from the principle that the medical suitability to examined must relevant to the job in question.
The resilience of the legs will not play a role in a predominantly sedentary activity, so a corresponding examination is then neither useful nor permissible without the consent of the person concerned.
Questions about health and health examinations that not related to the job can therefore rejected by future employees and applicants.
According to healthpally, Questions about the health situation in the applicant’s family also not permitted.
In practice, however, many will still agree to the recruitment tests and questions in order to still get a job in the tight labor market.
It is questionable whether there can still be talk of genuine voluntariness.
In general, inadmissible questions may even answered incorrectly.
Without concrete evidence or suspicion, no blood or urine tests may carried out to detect alcohol or drug consumption.
Unless the applicant or new employee expressly agrees to this and informed in detail about the scope of the test.
Genetic suitability tests also not permitted either, according to sexpally.
Permitted information, confidentiality and data protection
Recruitment examinations are usually the responsibility of the company doctor. However, the latter may not ask more permissible questions than the employer.
Only health-related questions that directly related to the job and the employee themselves permitted and must therefore answered truthfully to a certain extent.
Which questions these are depends on the individual case.
According to a judgment of the Federal Labor Court of June 7th, 1984, Az.: 2 AZR 270/80, the right of the employer or company doctor to ask questions extends to the following points:
- Questions about health suitability for the intended job (for example, is there an illness that permanently or repeatedly restricts the exercise of the job?)
- Questions about endangering other employees or customers (such as contagious diseases)
- Questions about health factors that could result in disability within the next six months (such as a difficult operation) usually but not the frequent question about pregnancy.
The specific examination results are also subject to medical confidentiality in the case of the pre-employment examination.
The company doctor may only pass on the suitability itself, but not the exact diagnosis, to the future employer.
Conclusion
Fnd the permissible level in recruitment examinations.
Pre-employment screening can thus be an important part of health care in the workplace if the screening is for health and safety reasons. However, they must not exceed the legal framework.
Here, those responsible for occupational health and safety in the company should work together with the employee representatives and the company data protection officer to ensure that the positive goals of these investigations achieved without putting the employees at a disadvantage
