職前體檢, 會否觸犯私隱條例?

冷結她

2006-12-12 1:08 am

A catering company has been looking for a chef recently. It is a normal practice for the company to ask its prospective employees to attend pre-employment medical check-up. An applicant who has passed the interview is diagnosed to have an infectious disease. Is the pre-employment medical check-up unlawful? Can the company refuse to offer him/her the job?

回答 (1)

Sing Hoi

2006-12-12 1:22 am

✔ 最佳答案

It depends on the timing.

If the company had already made decision to employ him or her, after that decision, the company ask for a pre-employment medical check, then it is ok. On the other hands, it seems that the company had no any intention to employ him or her, but the company still ask for a check, then the worker can refuse it.

In addition, if the company ask for doing some check which is not job related, the worker also can refuse it in anytime.

2006-12-13 17:52:28 補充：
呢個就係灰色地帶
除非好離譜
否則好難知道一間公司係決定左請人先做檢查
定做左檢查先決定請唔請呢個人

參考: http://www.legislation.gov.hk/blis_ind.nsf/CurAllChinDoc?OpenView&Start=480&Count=30&Expand=487.1#487.1

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