- Periodic health examinations for Employees
Pursuant to the Labor Code, Employers must hold periodic health examinations for Employees, including Employees in apprenticeship; gynaecologic/obstetric examinations for female Employees, at least 6-month health examinations for Employees doing the jobs with heavy, toxic nature, disabled Employees, Employees under 18 years of age and senior Employees[1]. As such, it is mandatory for the Employer to carry out annual periodic health examinations for Employees.
2. Do Employees who have submitted health certificates upon recruitment have to participate in the periodic health examination in the same year?
In reality, the Employer pays much attention to the health examination of Employees. Besides the periodic health examination as required by law, most Employers also require the Employees to have their health examined before recruiting them. Normally, the Employee will be required to submit the health certificate in attachment to the application dossier. The point of this requirement is to check the Employee’s general health and ensure that they are healthy enough for the position. However, there are cases where the Employee has had his health examined upon submitting the application dossier and then recruited by the Employer before the periodic health examination of such enterprise in the same year. In this case, must Employees participate in the periodic health examination held by Employers in that year or not?
Currently,
when conducting a health examination upon recruitment or a periodic health
examination, the Employee will pass through a series of health examination
items at a medical examination and treatment facility which has been licensed
and qualified as prescribed in Circular 14/2013/TT-BYT[2].
Regarding the contents of a health examination upon recruitment and periodic
health examination in Article 6.3 Circular 14/2013/TT-BYT, it prescribes that Employees
will have their health examined according to the contents in the health examination
book sample. For other cases of health examination with respect to people of
over 18 years of age, they will have their health examined according to the
contents in the health examination form used for people of at least 18 years of
age if they are not the subjects who must have their health examined according
to specialised health standards or specific requirements. In addition, there
are circumstances where the Employer may require other specific examination
contents, Employees will then require the medical examination and treatment
facility to examine their health according to these contents. After completing
the items of health examination, the qualified medical examination and
treatment facility will grant health certificates to Employees which are valid
for 12 months from the date of signing[3]. However, technically
these are two different health examinations with separate contents and
requirements. Also, the law does not prescribe clearly that Employees who have
just passed the health examination upon recruitment will be exempt from the
periodic health examination of the enterprise in the same year. Therefore,
there is no legal ground for Employees to be exempt from the periodic health
examination of the enterprise even though they have passed the health
examination upon recruitment in the same year and their health certificates are
still valid. However, if the official date of recruitment is after the date of
the periodic health examination, the Employee will not have to re-examine his
health in that year.
[1]Article 152.2 Labor Code and Article 21.1 Law on Labour Safety and Hygiene
[2]Article 1.4 Circular 14/2013/TT-BYT dated 06/5/2013
[3]Article 8.3(a) Circular 14/2013/TT-BYT dated 06/5/2013