Answer:
- Must an Employee provide information about his or her health before signing a LC with an Employer?
Previously, according to regulations of the Labour Code 2012, when the Employer have requested, the Employee must provide the Employer with his or her health information before signing the LC. However, when the Labour Code 2019 took effect, in the spirit of keeping the aforesaid contents, the Labour Code 2019 does not use the phrase “before signing the LC” but “when signing the LC”[1]. Therefore, it could be understood that the Employee’ obligation to provide information is imposed upon requested by the Employer, not necessarily before signing the LC. Besides, it should be noted that the Employee’ health information must be provided in the form of a health certificate as the template of the Ministry of Health.
2. Which Party will bear health check expenses before the Employee signs the LC with the Employer?
As prescribed by law, any organisation or individual who requests the health check must pay health check expenses to the competent medical examination and treatment establishment.[2] As analysed above, since the Employee is obliged to provide his or her health certificate for the Employer, the Employee will be the party that requested the health check from a competent medical examination and treatment establishment, so it could be understood that the health check expenses to apply for the job will be the responsibility of the Employee.
3. Whether the Employee’s obligation to provide the health certificate and to pay health check expenses inconsistent with the regulation of responsibility for health check expenses of the organisations or individuals who requests the health check?
Considering the governing scope and subjects of application of Circular 14/2013/TT-BYT of the Ministry of Health, this Circular governs not only the cases of health check for a job application but also the cases of periodic health check for the Employee.[3] Accordingly, the Employer must hold a health examination for the Employee at least once a year and any Employee doing heavy, toxic and dangerous or extremely heavy, toxic and dangerous jobs, disabled, under 18 years of age or elderly are entitled to at least once every 06 months.[4] Therefore, in the case of the periodic health check, not the Employee but the Employer who has a request for a health check is obliged to pay health check expenses for the Employee. It can be concluded that the Employee’ obligation as prescribed in the Labour Code to provide the health certificate and to pay health check expenses are completely consistent with the regulation that any organisation or individual who requests the health check must bear this expense as prescribed in Circular 14/2013/TT-BYT of the Ministry of Health.
[1] Article 16 of the Labour Code
[2] Article 3.1 of Circular 14/2013/TT-BYT of the Ministry of Health dated 06 May 2013
[3] Article 1.2(a) of the Circular 14/2013/TT-BYT of Ministry of Health dated 06 May 2013
[4] Article 21.1 of the Law on Labour Safety and Hygiene
