Mandatory medical information when applying for a job?

Questioner

I have a question about withholding medical information during a job application. I understand that in principle it is not mandatory to provide medical information when applying for a job, unless you are in fact (work) unfit for the job due to an illness. In that case you are actually unable to perform the job properly. Suppose someone performs his job perfectly for two years, but at some point develops a psychological disorder such as burnout (example). In retrospect, the person does see that certain behaviors (such as excessive stress and brooding) had been going on for years and had contributed to the burnout over time. He tells his employer about this. The employer concludes from this that the employee was already aware of the problem (including being susceptible to stress) at the time of entering into the employment contract. The employer now believes that essential information was withheld when entering into the contract. Is this issue something that the employee should have reported when applying for the job, even though he was functioning perfectly at the time and was experiencing absolutely no complaints or suffering from his work? Even though he himself never expected that this would result in something as big as a burnout? (Although the employer does not believe the latter.) Is this something for which the employer may impose sanctions? To what extent may the employer draw (themselves) conclusions about this?

Lawyer

The way you describe it, this does not sound like something that should have been reported when applying. The fact that something might happen in the future does not automatically make the employee unsuitable for the position when applying, because that is indeed what it is all about. If desired, I can help the person concerned further with this.

Questioner

So if I understand correctly, the point is that the employee must be suitable for the position at the time he or she enters into employment? Does a kind of limitation apply here, as outlined at the end of the following article? What kind of term should be taken into account? http://www.daadkrachtarbo.nl/493/meldonderwerp-medische-klachten-tijdens-sollicitatie/

Lawyer

In the text behind the link it is worded correctly in my opinion. Indeed, there is a kind of limitation, but the term will not be too long, because health is something that is difficult to predict. There are no guidelines for this, this is very casuistic.

Questioner

Thank you very much for the response! This helped me a lot. I was wondering whether the employer should provide evidence, or whether the employee should do this in the event of a conflict. And may the company doctor advise the employer on this matter? Or does this fall within the medical confidentiality? Greetings, KS

Lawyer

It is obvious to assume that the employer would file a claim against the employee in this regard. It is also likely that the employer will have to provide the necessary evidence. The company doctor is indeed obliged to maintain confidentiality of medical data. These may not be provided to the employer. All this may cause the employer to have a problem with evidence and this could be a reason to determine, if the employer can sufficiently demonstrate that there was knowledge of (potential) incapacity for work when applying for a job, that the employee must prove that this was not the case.