Pregnancy, illness, previous convictions: when are you allowed to hide things from your employer or even lie to him?
Created: 06/22/2022, 15:54
By: Janine Napirca
You can read here whether you have to inform your employer about criminal records, illnesses or pregnancy.
You are legally obliged to inform your
employer
of
any changes in your life that affect your employment without being asked.
Because
as an employee you are subject to a so-called disclosure obligation.
But what should you really say and what not?
According to
Business Insider
, the boundaries in employment law are clearly defined.
Pregnancy: Can you lie in a job interview?
Pregnant women
enjoy special protection under labor
law
.
Apart from the fact that asking people if they want to have children is
outdated, inappropriate and cross-border
– when you apply for a job you don't have to say whether you want or can have children or whether you are already pregnant is.
You can just lie
.
Your boss may also do the same – read here how you can tell that colleagues or your boss are lying to you.
If you're already working for a company, you don't have to tell your employer that you're having a baby.
However, since pregnant women enjoy special
protection
against dismissal and only benefit from protective measures if the employer knows about them, supervisors should be better informed about the pregnancy, according to the report.
You don't always have to be open and honest with your employer.
In certain cases, you are simply allowed to lie.
© AndreyPopov/Imago
Police clearance certificate: Can I hide from my employer that I have a criminal record?
According to the business insider,
previous convictions
are not part of the disclosure obligation.
If a criminal record is relevant to the job, the potential employer can request a
police clearance
certificate when hiring you.
This is the case, for example, if you want to
work with children or at the cash register
.
If your criminal record has nothing to do with the job, you can either hide it or deny it during the interview.
If you are convicted of
theft
or
child abuse
, you cannot work as a cashier or kindergarten teacher.
However, according to the report, if you have to serve your sentence, you are required to tell your employer that you are unable to do the work you have been contracted to do.
According to the report, however, it is disputed whether a crime committed in a medical condition is subject to disclosure.
Chronically ill - does that concern the employer?
In general,
illness is a private matter
and does not concern you and your doctor.
If you are ill, you only have to say at work
how long you will be absent because of illness
,
not what you are ill with
.
The situation is different when it comes to a
contagious disease
like Corona.
The same applies if the illness has a negative effect on work performance, e.g.
B. Driving machinery is
incompatible with
alcohol dependence .
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Are there consequences if you violate the disclosure obligation?
According to the report, if an employer has been lied to by an employee, they can
contest the employment contract
.
Here you can find out whether you still have a legal right to a good job reference in the event of termination.
Make sure you get legal help in this case.
You may be liable for
damages
if, for example, you cause a traffic accident as a bus driver with a criminal record for traffic offenses through drunk driving.
(jn)