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