8 Beijing L. Rev. 1 (2017)

handle is hein.journals/beijlar8 and id is 1 raw text is: 




Scientific
Research
Publishing


Beijing Law Review, 2017, 8, 1-9
http:/wwwscirNorg/iourna/-br
       ISSN Online: 2159-4635
         ISSN Print: 2159-4627


Mandatory Pre-Employment Medical

Examination-The Practice and the Law:

Is   It  Justifiable?



Adomako-Kwakye Chris', Alexander Oti Acheampong*, Akwasi Antwi-Kusi3,
Emmanuel Ameyaw3

'Commercial Law Department, Faculty of Law, Kwame Nkrumah University of Science and Technology, Kumasi, Ghana
2Oral and Maxillofacial Surgery Department, Dental School, Kwame Nkrumah University of Science and Technology, Kumasi,
Ghana
'School of Medical Sciences, Kwame Nkrumah University of Science and Technology, Kumasi, Ghana
Email: *aotiacheampong@yahoo.com


How  to cite this paper: Chris, A.-K.,
Acheampong, A. 0., Antwi-Kusi, A., &
Ameyaw, E. (2017). Mandatory Pre-Em-
ployment Medical Examination-The Prac-
tice and the Law: Is It Justifiable? Bei/ing
LawReview, 8,1-9.
https://doi.org/10.4236/blr.2017.81001

Received: November 9,2016
Accepted: February 19,2017
Published: February 22, 2017

Copyright 0 2017 by authors and
Scientific Research Publishing Inc.
This work is licensed under the Creative
Commons Attribution International
License (CC BY 4.0).
httO://creativeeommonsorglicense/by/40/
L I Y -


Abstract

An  employee shall not in respect of any person seeking employment, or
of persons already in his employment; discriminate against the person on
grounds of gender, race, colour, ethnic origin, creed, social or economic sta-
tus, disability or politics (Section 14(e) of the Labour Act 651). The aim of
this study is to evaluate the process of pre-employment medical report ex-
aminations, the law and the practice-in some public institutions in Kumasi.
This study was conducted in two major public institutions in the Kumasi me-
tropolis. The identities of respondents will remain confidential so as to main-
tain anonymity. Three groups of respondents were used in the study (Group
1: Employees who were employed  within the past 5 years. Group 2: Eight
medical doctors who have been mandated to conduct and write medical re-
ports of prospective employees. Group 3: Ten senior human resource staff
members  of the two aforementioned public institutions). Each group was
asked specific questions related to the process of medical examinations and
the laws of employment. Responses were analyzed and reported descriptively
using SPSSII. All respondents from Group 1 were asked to submit to a medi-
cal examination commencing work. Sixty-five (65%) percent of respondents
in Group 2 indicated that they were unaware of the job description of a pros-
pective employee at the time of examination. All members in Group 3 indi-
cated that the medical examination results of applicants are kept on their per-
sonal files, which are accessible to other human resource personnel. Based on
the above section of the Labour Act of 2003, it is our assertion that there is no
legal basis for the mandatory request of medical examination reports of pros-
pective employees. Again, the medical reports do not always take into consid-


DOI: 10.4236/bir.2017.81001 February 22, 2017

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