There are many doubts about the medical examinations that are done to a candidate before being hired. Both the employer and the applicant are unaware of some laws in this regard and, therefore, enter to request and have tests that should not be carried out. Here at elempleo.com we tell you what are those exams that should not be required of you and that companies should not ask for.
According to article 4 of resolution 2346 of 2007 of the Ministry of Social Protection, pre-occupational or admission medical evaluations are those that are carried out to determine the physical, mental and social health conditions of the worker before being hired. They are done to -among other things- identify the health conditions that, being already present, can worsen in the development of work.
The same article says that the employer has the obligation to inform the doctor who performs the pre-occupational medical evaluations about the job profiles, briefly describing the tasks and the environment in which his work will be carried out.
For his part, the doctor must respect the confidentiality of the occupational medical history and only has to send the employer the medical certificate, indicating the existing restrictions and the recommendations or conditions that need to be adapted so that the worker can carry out his work.
Experts say that neither the employer nor the doctor can require the candidate to test for HIV, pregnancy, or tests to confirm if he has, for example, cancer or tuberculosis. To do so would be incurring a mistake, and the candidate could go -within the national territory- to any inspection of the Ministry of Labor and denounce the case.
By requiring this type of examination, the employer would be committing an act of discrimination and exclusion, and would deprive the person of their right to work.
So, to clarify the issue, it is important to know that the candidate -if he wishes- can tell the doctor all the diseases he has and those he has suffered, since he has the ability to guide him in the best way in health matters. In addition, the doctor must make use of professional secrecy. However, this evaluator, in particular, must give the applicant the general exams and that they are consistent with the position to which he aspires.
Marlen Peña, a specialist in Human Management, comments that the ideal is for the occupational physician to be aware of the complete medical history of the candidate, in order to guarantee that the performance and conditions of his position will not be affected.
Likewise, the employer can only ask the doctor if the applicant is suitable or not for the position. The company or the person in charge of Human Resources must not know or have in their hands the medical results. Neither are the explanations of the person’s illnesses.
Why would they discard the person?
After the candidate undergoes the medical exams, he could be ruled out of the selection process for reasons that prevent him from carrying out his job functions, for example, “if you aspire to a position as a pilot and have vision and hearing problems, well, don’t it can fly,” says María Mercedes Montiel, a Human Resources consultant at the Antonio José de Sucre Institute of Technology (ITAJS) in Venezuela. Montiel warns that in the pre-entry exams it happens as with the priest: when the person confesses, he can say whatever, and that should not come from there, that is not revealed. It is confidential.