Question 101: Is it mandatory for the Employer to hold periodic health examinations for Employees?

544
  1. 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