Questionable hiring practice: Employment contract at Ems is valid only after doctor visit

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Ems-Chemie management is doing everything to prevent returns from being negatively affected. “The focus is on the result. The result is the blood of the company” is the most important management principle of the group. Therefore, employees who do not come to work for health reasons are definitely not welcome.

Ems has established an employment procedure that minimizes this risk: All new employees, whether managers, office workers or factory workers, must undergo a medical examination before starting work. Recruitment will not be possible without this review being positive. Employment contracts literally say: “This contract comes into force subject to a positive initial medical examination.”

This can be a particular problem for pregnant women or people with chronic diseases. Thomas Geiser, professor emeritus of labor law at the University of St.Gallen (HSG), therefore criticizes the approach: “According to the Code of Obligations, employers are only allowed to collect health data if certain health requirements must be met for a certain period of time. Position for security reasons.” For example, a baker should be asked if he has a flour allergy. Medical fitness examinations for train drivers are also legitimate to ensure the safety of passengers.

Geiser thinks it’s doubtful that a company would require entry-level medical examinations across all occupational groups: “If none of the conditions mentioned are met and the employer only wants to assess the risk of the individual being unable to work for some time in the near future, such examinations are not permitted for health reasons.”

Because of the pension fund?

Ems-Chemie justifies the procedure with the pension fund: “The preliminary health check is carried out as part of the non-compulsory insurance benefits of the EMS pension fund.” Since all employees at Ems have compulsory insurance, all employees also undergo an initial health examination.

The company also states: “An initial medical examination is required by law for shift work. “This particularly relates to suitability for shift work when dealing with chemicals.”

However, not all employees at Ems do shift work. Geiser is also partially convinced by the pension fund’s argument: “In the non-essential zone, health reservations are limited to five years,” he says. When transitioning from a previous retirement plan to a new employer retirement plan, new health reservations are generally not allowed.

Moreover, Geiser emphasizes that any health-related concerns will affect precautionary measures, not the employment relationship. “The relevant medical examinations must therefore be arranged by the pension fund, and only they can find out the results.” It is none of the employer’s business whether he has a health problem or not. Information must be strictly separated.

Source :Blick