It is compulsory to take medical/fitness certificate from newly joined employees... we don't have any hazardous operations.
Is there any law or act which helps to understand.... or provide more clarity on this?

From India, Mumbai
The medical check-up is done to make sure that we are hiring a person of sound health.
An example is offered here to understand the matter( Fact). In 2013 a person inducted into job to work in stores of the employer, the said employee on a fine day fall down from the sit and taken to hospital for treatment but found cerebral clot in brain due to high blood pressure. The employee finally entered into coma. The family members filed a case before the WC authority for compensation for permanent disablement. The employer could not have the pre-employment medical report. I know the person because he was treated as a patient by my friend for his Hypertension and related issues and was advised for complete rest but he took up the job at that juncture. The employer paid compensation of Rs.3.5 lakh and medical expenses of Rs.1.25 lakh and the insurance company denied to pay as employer did not have pre-employment medical check up of the employee prior to employment.

From India, Mumbai
Dear Vipul Patel,
What is the nature of your industry? What types of operations are involved while developing your product or service?
Pre-employment medical check-ups are generally required for jobs that involve lifting weight, working at height, eye test for the drivers and so on. Nevertheless, there can be a common requirement amongst all and it is on "contagious disease" especially "Sexually Transmitted Diseases".
For Mr Prabhat Ranjan Mohanty: - You have given a good example of what happens when pre-employment medical check-ups are not done. Nevertheless, if the company starts denying employment even for blood pressure then it could pose a problem to employ candidates who are 40+ Secondly, what is the BP is normal but the cholesterol is high? What about those who have diabetes? What if the sugar shoots up while working and a person collapses at the workplace? There are too many ifs and buts.
Working in the Customer Service department is no easy task. Occasionally, the customers download their frustration on the CS Agent. Against this backdrop, an employee with normal blood pressure could develop the problem of BP. How to handle such a case? Should a company obtain a declaration from the employee stating that he/she should not ask for any compensation for developing an occupational disease?
Thanks,
Dinesh Divekar

From India, Bangalore
Dear Mr Divakarji,
The offer letter issued with a clause, your appointment shall be subject to being declared physically fit by the doctor after having medical examination or from such a doctor as may be nominated by the company for the purpose.
The medical test does not limit to BP rather includes all other tests referred by the doctor considering the nature of employment. As per the set rules of the company can deny employment, if the candidate not found fit by the doctor.
We follow the complete body check-up of the selected candidate as many other establishments are doing so. This is not a new practice but an age old practice in industries.

From India, Mumbai
Dear colleague,
Some seniors have well bought the importance of and implications of pre- employment medical check up for fitness and I share the same.
As regards legal obligation is concerned, Factories Act/Rules provide for compulsory pre- employment check up if the activities of the factory fall under " hazardous" category as contained inth schedule to the Act.
But this apart, even today's pandemic conditions, it is strongly recommended doing this .
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
Dear Vipul
I will give you insight on what some companies follow.
1. Some companies do pre employment check up only for ailments like diabetes, heart disease, BP, and reimburse 50 % of expenses and ask the short listed candidate to bear the balance 50 %
2. Some companies take a self declaration from employee stating that he / she does not suffer from any serious ailments. And if at all any incident mentioned above happens, the company is not liable for any compensation because of false self declaration given by employee and can in face terminate the employee based on false information provided to employer at the time of hiring.

From India, Mumbai
Medical examination is a step in the selection process, may be just before the final selection or reference check. It is to ensure that the person to be selected is physically fit and suitable for the job for which he/she is hired. I think this step in selection process is not in force in this firm. Once joined, he/she may be enrolled for suitable medical schemes to ensure his/her physical fitness so that the performance / productivity level continues. Its upto the employer to decide.
Employee Compensation Act 1923 is dealing with employment related injury " arising out of" and "in the course of employment" resulting in disability in performance of the job (whether temporary or permanent, partial or total) for which insurance cover (24 hour coverage ideal) can be arranged by the employer.

From India, Madras

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