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If you recruit staff in the Netherlands, you may not ask questions about the health and sickness (absenteeism) of a candidate. These questions may only be posed during a pre-appointment examination. Would you like a candidate to undergo a pre-appointment examination? You may only do so if there are particular medical requirements in order to carry out the role. For example, if it involves heavy lifting work. You must abide by specific rules during the medical examination of a candidate.
Complaints Committee for Pre-employment Medical Examinations (CKA)
The Complaints Committee for Pre-employment Medical Examinations (CKA) is a committee of the Social and Economic Council of the Netherlands (Sociaal-Economische Raad, SER). It checks whether you adhere to the rules when you carry out medical examinations. Applicants, medical examiners, employers and works councils can submit their complaint to the complaints committee. The committee will issue a written decision within 6 weeks of receiving the complaint.
Periodic occupational health medical examination
You may be obliged to offer your staff a Periodic occupational health medical examination (Periodiek Arbeidsgezondheidskundig Onderzoek, PAGO) during their employment. A collective labour agreement (CAO) or any other regulations may require this. Unlike the pre-employment medical examination, participation in the periodic occupational health medical examination is voluntary. The rules around occupational health medical examinations can be found in the Working Conditions Decree Article 4.10 and 4.23.