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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Pre Employment

Pre Employment

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1Pre Employment Empty Pre Employment Thu Oct 08, 2015 12:33 pm

mykhem01


Arresto Menor

Good day everyone, i was candidate for probation on one company, but i had diagnose with TB upon medical examination, after that they advise me to have second opinion in other hospital, the doctor gavr me medication for 6 months and im already in 2nd month,and also given me a medical certificate that im "fit to work" ,but the company doctor insist that i should finish first the medication before they will accept me,..

do i have right complain on their decision,?

thanks

2Pre Employment Empty Re: Pre Employment Thu Oct 08, 2015 5:13 pm

Lunkan


Reclusion Perpetua

I don't know if there are any such law.

You don't tell which type of work you are talking about. Risks of illness spreading are very much different high in different jobs, so this can logicaly make the employer can't agree to let you start work before you are SURE healthy and with no risk spreading TB to others.

3Pre Employment Empty Re: Pre Employment Thu Oct 08, 2015 5:19 pm

mykhem01


Arresto Menor

hi, i was diagnose with latent tb(no symptoms ex. cough or anything) the doctor just gave me medicine to take up, by the way the job was for a telecommuniction company back office.

4Pre Employment Empty Re: Pre Employment Thu Oct 08, 2015 5:21 pm

mykhem01


Arresto Menor

but the doctor outside already gave me a medical cert stating that i was fit to work. are we saying that i have the right to complain their decision,? do i need advise from DOLE?

5Pre Employment Empty Re: Pre Employment Thu Oct 08, 2015 5:25 pm

council

council
Reclusion Perpetua

You can ask DOLE.

But any decision you make might impact on your potential employment with the company.

http://www.councilviews.com

6Pre Employment Empty Re: Pre Employment Thu Oct 08, 2015 5:28 pm

mykhem01


Arresto Menor

what do you mean? example sir/maam? thanks

7Pre Employment Empty Re: Pre Employment Thu Oct 08, 2015 5:29 pm

Lunkan


Reclusion Perpetua

I'm no doctor, but I believe latent tb can SPREAD to others.
If so, then I understand the employer need there is no such risk before they can risk to employ you. Some telecomunication equipment add risk for spreading (if not cleaning it very proper between different users, which I suppouse most people DON'T make realy proper.)
So I believe the employer mean it's NOT about if YOU are fit for work yourself,
it's a question about if you risk to make any OTHER ill...

8Pre Employment Empty Re: Pre Employment Thu Oct 08, 2015 5:32 pm

Lunkan


Reclusion Perpetua

mykhem01 wrote:what do you mean? example sir/maam? thanks
I suppouse Council mean it's a RELATION between employer and employee. It would be a BAD start if you question if they do corect even before you have started working, specialy when - as I believe - they HAVE a good reason to wait until you are no risk for your coworkers.

9Pre Employment Empty Re: Pre Employment Thu Oct 08, 2015 5:42 pm

mykhem01


Arresto Menor

thank you for all the answers

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