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Old 08.02.2013, 16:50
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Employer have rights to pre-employment medical history?

Friend of mine started on a new job after recovery from a case of "burnout". The new employer is asking my friend to sign a document granting the employer access to medical history. Doctor says it is my friend's right (not sure about this) to keep pre-employment medical history private. Need your help in how my friend can politely refuse to sign, is there some sort of a 'fifth amendment' clause that can be cited here?
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Old 08.02.2013, 16:53
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Re: Employer have rights to pre-employment medical history?

they have no right to previous medical history, just say no
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Old 08.02.2013, 16:57
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Re: Employer have rights to pre-employment medical history?

I think it's fair enough to ask someone if they have any medical conditions currently that would affect their ability to do the job.

Other than that, I would not touch an employer who wanted access to my private medical records.
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Old 08.02.2013, 17:27
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Re: Employer have rights to pre-employment medical history?

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I think it's fair enough to ask someone if they have any medical conditions currently that would affect their ability to do the job.

Other than that, I would not touch an employer who wanted access to my private medical records.
Do not agree; if the employer is concerned then they should pay for a medical examination. Then they get a proper opinion from a doctor about "their ability to do the job".
I guess you would not want somebody driving a giant crane who has vertigo?
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Old 08.02.2013, 18:28
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Re: Employer have rights to pre-employment medical history?

I am not sure if they have right for access to past information but I know a colleague who had to give psychological test before signing contract.
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Old 08.02.2013, 21:30
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Re: Employer have rights to pre-employment medical history?

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I am not sure if they have right for access to past information but I know a colleague who had to give psychological test before signing contract.
This is bonkers.
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Old 08.02.2013, 21:55
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Re: Employer have rights to pre-employment medical history?

Actually, not sure how it is in Switzerland, but this is what occupational health and health risk assessment, preventative occupational medical care deals with. There are whole clinics for this.

For a bunch of jobs you have to take a different degree of physical, and some require psy assessment as well. It's prescribed by law, back home, and it is because of the responsibility (of either employer or insurers) to pay if something happens to the employee while on the job.

I would expect that to be covered in this country as well, since it is a place of insurance companies and expensive health care, isn't it. I can only guess an employer does not have a direct access but could have through a doctor, if they ask for a medical,for a new entry employee.

I think to request a medical check up for some jobs is reasonable, but not sure how it is done here and what jobs. I would like to know too, just to have a comparison for family back home who works in occupational health.
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Old 09.02.2013, 08:58
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Re: Employer have rights to pre-employment medical history?

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I would expect that to be covered in this country as well, since it is a place of insurance companies and expensive health care, isn't it. I can only guess an employer does not have a direct access but could have through a doctor, if they ask for a medical,for a new entry employee.
But in many other countries the expensive health care is paid for (at least partially) by the employer. This is not the case in Switzerland.
Over here the employers may rightfully be concerned about whether the employee will be able to work or not. No need to access the whole medical history (including STDs ?) which may be totally irrelevant for the employee's ability to work. As with a doctor's certificate in case of sickness the only information the employer needs is: ability to work - yes/no.
For specific requirements (pilots, bus drivers etc.) there may be additional requirements.
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Old 09.02.2013, 10:14
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Re: Employer have rights to pre-employment medical history?

Are you sure it is the employer that is asking? It could be the pension fund. They are allowed ta ask for a medical declaration and if I recall correctly the form also has a part where they ask for the right to consult previous doctors.


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Friend of mine started on a new job after recovery from a case of "burnout". The new employer is asking my friend to sign a document granting the employer access to medical history. Doctor says it is my friend's right (not sure about this) to keep pre-employment medical history private. Need your help in how my friend can politely refuse to sign, is there some sort of a 'fifth amendment' clause that can be cited here?
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