Hepatitis B test as pre-employment requirement

1. What is a pre-employment requirement?

A pre-employment requirement is one that is required to be done as part of the requirements prior to employment. It may be in the form of documentary submission, a medical examination, or an assessment or evaluation of an individual’s knowledge, skills, and competence.

2. Pre-employment requirement as a management prerogative

The employer may set the pre-employment requirements in line with its exercise of its management prerogative. However, there are labor laws and regulations which regulate certain pre-employment requirements, such as whether a requirement may be allowed by the employer, who should pay for any associated costs, and so on.

See also:
Management prerogative
Cases on: Management prerogative
FAQ: Management prerogative

3. Hepatitis B as a pre-employment requirement

DOLE Department Advisory No. 05, Series of 2010 (“DA-05”), also known as the Guidelines for the Implementation of a Workplace Policy and Program on Hepatitis B, serves as the regulation for anything that concerns Hepatitis B at the workplace.

a. Confidentiality

In relation to Hepatitis B test as a pre-employment requirement, DA-05 provides:

2. Confidentiality
Job applicants and workers shall not be compelled to disclose their Hepatitis B status and other related medical information. Co-workers shall not be obliged to reveal any personal information about fellow workers. Access to personal data relating to a worker’s Hepatitis B status shall be bound by the rules of confidentiality and shall be strictly limited to medical personnel or if legally required.
Part III, Section C, DOLE DA-05

Related to the above-cited confidentiality provision, Hepatitis B test result is a personal information about an individual’s health, which is classified as a sensitive personal information under R.A. 10173 or the Data Privacy Act of 2012.

b. Non-discriminatory policy and practices

DA-05 further provides:

1. Non-discriminatory Policy and Practices
a. There shall be no discrimination of any form against workers on the basis of their Hepatitis B status consistent with international agreements on non-discrimination ratified by the Philippines (ILO C111).  Workers shall not be discriminated against, from pre- to post-employment, including hiring, promotion, or assignment, because of their Hepatitis B status.
b. Individuals found to be Hepatitis B positive shall not be declared unfit to work without appropriate medical evaluation and counseling;
c. Workers shall not be terminated on the basis of the actual, perceived, or suspected Hepatitis B status;
d. Workplace management of sick employees shall not differ from that of any other illness.  Persons with Hepatitis-B related illness should be able to work for as long as they are medically fit.
Part III, Section C, DOLE DA-05

In the above cited provision, particularly in No. 1(a), it made mention that there should be no discrimination on workers from pre- to post-employment. The provision covers job applicants as they are those who are covered by pre-employment. Thus, job applicants should not be discriminated during the pre-employment process if they have previously tested for positive for Hepatitis B.

c. Not be declared unfit to work

DA-05 provides:

1. Non-discriminatory Policy and Practices
b. Individuals found to be Hepatitis B positive shall not be declared unfit to work without appropriate medical evaluation and counseling;
Part III, Section C, DOLE DA-05

Similarly, employers should avoid and refrain from automatically considering job applicants or employees as unfit to work. As provided in the above-cited provision, there should be appropriate medical evaluation and counseling. This is because it is a medical concern requiring proper intervention of a medical professional, who will be able to make a better assessment of the employee and determine whether or not the employee is fit or unfit for work.

Forms & Templates

DOLE-prescribed Hepatitis B Workplace Policies and Programs

References

DOLE Department Advisory No. 05, Series of 2010

R.A. 10173, Data Privacy Act of 2012

Mayo Clinic, Hepatitis B

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.

See more

Related Posts

Clearance process

Clearance process is valid and has legal bases. Final pay subject to clearance process. Wages may be withheld for debts or obligations to the employer.

Solo Parent Leave

Solo parent leave benefits are leave credits extended to covered employees who are solo parents, and who may want to use them whenever they take a leave from work to perform parental duties, so that they remain paid during such absence from work.

Cases: Moonlighting

1. Moonlighting a. Unauthorized use of company time Capitol Wireless, Inc. v. Balagot G.R. No. 169016, 31 January 2007 [BACKGROUND] At around 3:35 p.m. of

Mental health, mandatory policy

1. Preliminary DOLE Department Order No. 53, Series of 2003 (“DO-53”) provides for the Drug-Free Workplace Policies and Programs Guidelines for the Implementation of a

Separation Pay

Separation pay is an additional pay provided to a covered employees who have been separated from employment through no fault of their own.

error: Content is protected.