Medical checkups: voluntariness and limits on the right to privacy
In accordance with article 22 of Occupational Risk Prevention Law 31/1995, of November 8, 1995, employers are obliged to guarantee workers the periodic monitoring of their health according to the risks inherent in their position and must offer staff the possibility of having periodic medical checkups and specifically, according to Spanish case law, at least once a year, subject all times to the consent of the worker.
Therefore, as a general rule, regular health monitoring constitutes a worker’s right and not an obligation that may be imposed by the employer, since checkups will “always” require the prior consent of the worker. This is what is known in case law as the “principle of voluntariness.”
Read more on Garrigues Labor and Employment Blog