In an interview, companies should not ask job applicants about things that are not related to the job. It is, for example, about questions related to the job applicant’s pregnancy or family circumstances. This was pointed out by the partner of the Vojčík & Partners law firm Eduard Szattler.
According to the Labor Code, the employer may not request from the job seeker personal data about family relationships, number of children, family planning, pregnancy, religious belief, political opinions or membership in trade unions.
“This provision is supplemented by the Employment Services Act, which explicitly prohibits the employer from asking for information regarding nationality, racial origin or ethnic origin, political attitudes, membership in trade unions, religion, sexual orientation, information that contradicts good morals and personal data that is not necessary for the employer’s duties to fulfill during the selection of employees.” explained Szattler.
Likewise, according to him, the company must not find out information about the person’s integrity, unless it is about workwhich requires it according to some special regulation. The employer should only ask the applicant for information related to the job offered. Companies can only ask about the state of health if a special regulation requires medical or psychological prerequisitesas it is for example, when driving motor vehicles or when working with food.
On the other hand, it is the job seeker is obliged to inform the employer of everything that would prevent him from performing his work or could lead to damage to the company. This concerns the person’s health status and the use of medications that may limit the ability to perform work.
The expert specified that in the case of employment in the catering industry, everyone who works with food is required to prove their medical fitness in the form of a health card. “With regard to infectious diseases, the employer may require examination for specific diseases, such as hepatitis or other diseases, if this is necessary for the work that the applicant performs, such as food handling.” Shattler added.
At the same time, he pointed out that the breach of these obligations by the employer upon the creation of the employment relationship may lead to the applicant’s right to monetary compensation. The company may also face a fine from the labor inspectorate for an administrative offence.
