- Must Employees provide information about their health before signing LCs with the Employer?
As prescribed by labour law, if requested by the Employer, Employees must provide the Employer with their health information before signing LCs[1]. It should be noted that the Employees’ health information must be provided in the form of health certificate as the template of the Ministry of Health.
In addition, the law also prescribes that the Employee’s job application dossier must consist of the health certificate as the template of the Ministry of Health[2]. Accordingly, the recruitment process which is prescribed by law actually consists of the following steps[3]: (i) The Employer publicly discloses the need for recruitment; (ii) Employees submit their application dossiers; (iii) The Employer conducts the recruitment process (interview and test); (iv) The Employer publicly discloses the recruitment results; (v) The Employer and Employees sign the request for LCs (if necessary and only in practice); (vi) The Employer and Employees sign probationary contracts (if there is an agreement); (vii) The Employer and Employees sign LCs. Therefore, Employees must provide their health certificates to the Employer at step (ii), which means the time of submitting application dossiers, not the time before signing LCs.
- Who will bear health check expenses before signing LCs with the Employer?
As prescribed by law, organisations or individuals who request health checks must pay health check expenses to medical facilities[4]. As analysed above, since Employees are obliged to provide health certificates for the Employer, they are the individuals who request health check from medical facilities. In addition, the law also provides in detail for the Employer’s financial obligations relating to recruitment issue[5]. Accordingly, the Employer must bear the following expenses: (i) publicise recruitment information; (ii) receive and manage job application dossiers; (iii) hold recruitment tests; and (iv) notify recruitment results. As such, the health check expenses for applying for the job will not be borne by the Employer.
- Is the Employee’s obligation to provide health certificates and to pay health check expenses inconsistent with the regulation that organisations or individuals who request health check must bear this expense?
Considering
the governing scope and subjects of application of Circular 14/2013/TT-BYT,
this Circular governs not only the cases of health check for job application
but also the cases of periodic health check[6]. Accordingly, Article
152.2 of the Labor Code prescribes that the Employer 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. Therefore,
in the case of periodic health check, not only Employees but the Employer is a
party which has a request for health check and is obliged to pay health check
expenses. It can be concluded that the Employee’s obligation as prescribed in Labor
Code to provide health certificates and to pay health check expenses is
completely consistent with the regulation that organisations or individuals who
request health check must bear this expense as prescribed in Circular
14/2013/TT-BYT.
[1]Article 19.2 Labor Code
[2]Article 7.2 (c) Decree 03/2014/NĐ-CP dated 16/01/2014
[3]Labor Code and Article 7 Decree 03/2014/NĐ-CP dated 16/01/2014
[4]Article 3.1 Circular 14/2013/TT-BYT dated 06/5/2013
[5]Article 7.6 Decree 03/2014/NĐ-CP dated 16/01/2014
[6]Article 1.2 (a) Circular 14/2013/TT-BYT dated 06/5/2013