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Shoban (Advocate)     29 April 2010

Health and Safety of employees

Is there any law stating that pre employment medical test to be conducted mandatorily for the selected employees. What is the liability of employer if an employee is suffering from a infectious disease? any compensation or cost of hospitalisation the employer has to take up in such cases. 



Learning

 3 Replies

radha krishna (vp-hr)     30 April 2010

There is no specific laws.

However, Pre-medical employment test is mandatory for most of the employments because

1. To ensure that employee is fit to do the jobs sometimes whereing physical fitness is requried.

2. Employee doesn't carry any contageous decease.

3. If any thing happens while on duty for an employee who is already sufferring with teh decease, employer becomes liable for the same. If an employee joins let's say with a heart ailment and later he suffers a major stroke in the work premises due to the work pressure , employer has to bear the brunt of it. To avoid such situations pre employment medical check is a mandatory.

Generally the cost fo the pre meployment medical check is born by the company. Why any compensation is payable if a selected candidate who is not evan an employee is found to be having infectious/contageous decease? No liability.

Shoban (Advocate)     04 May 2010

Thanks for your heads up radha krishna.

P. Selvam (Manager - HR)     10 May 2010

As Mr. Radhakrishnan said no specific law narrates about pre employment health check up. Though it is the prime responsibility of the employer to get acquittance about the candidate's health history and fitness.

Only occupational hazardous diseases / industrial injury can be claimed from the employer. The employer is not at all responsible for any epidemic / infectious diseases. 


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