Refusal of job to cancer patient after offere job by company

Sandbpunekar (Querist) 02 November 2021 This query is : Resolved
My son is a cancer patient from 4 years. He is performing duties in IT department (finance) of multinational company for 10 hrs/day. No other inabilities and medical problems to him exists. He wants to switch present job for higher salary. He is likely getting Offer of new multinational company. Oncologist has given certificate "Fit for duty". Now following questions
1. Should I disclose voluntarily my cancer to new company after receiving offer or wait till the time of medical exam by company and disclose cancer as Oncologist has given me fitness certificate.
2. Has company right to withdraw offer on ground that he carries cancer and medical exam of company has not cleared fitness. Any labour laws protection for him to fight against COMPANY as
he holds fitness certificate of Oncologist.
He may face risk of resigning present job and loose new job also on medical ground hence this query.

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This discussion explores the dilemma of a cancer patient who has received a job offer but is concerned about disclosing his condition. The advice suggests that honesty is the best policy and that the candidate should disclose his cancer voluntarily before the company's medical examination. While private employers have their own norms, the discussion touches upon potential labour law protections, though these are less clear for private sector roles compared to government positions.

P. Venu (Expert) 03 November 2021
Whatever be the consequences, honesty is the best policy.

Sandbpunekar (Querist) 03 November 2021
Thank you shri P. Venu for reply based on morality and honesty.
It seems that my son who is cancer patient should not take risk of resigning present job considering possibility of rejection on medical ground in New offered job.
It would have been better and request you to guide us on point number 2.specifically on the basis of labour laws.

Dr J C Vashista (Expert) 04 November 2021
1. Should I disclose voluntarily my cancer to new company after receiving offer or wait till the time of medical exam by company and disclose cancer as Oncologist has given me fitness certificate.
The candidate (your son and not you) must disclose the disease without waiting for medical examination being conducted before joining new company.

2. Has company right to withdraw offer on ground that he carries cancer and medical exam of company has not cleared fitness.
The employer has offered the job on the basis of information provided by candidate which has to be fulfilled in letter and spirit as any organisation is within its right to employ "fittest" candidate. Otherwise the employer is yet to allow the candidate to join.

Any labour laws protection for him to fight against
Vague academic question.

P. Venu (Expert) 04 November 2021
I would have certainly suggested a remedy ha it been a Government job. However, private employers have their own norms, notwithstanding the laws in our country and HR principles. And also, the system of BGV, which in many ways are highly oppressive. It was in this context that I had suggested a honest approach; the suggestion was meant to be purposive than moralistic.

Sandbpunekar (Querist) 04 November 2021
Dr. J C Vashista and Shri P Venu. I am satisfied and very much appreciate your replies. Your guidance is so much valuable for us which has cleared our confusion. Thank you again.

Read more at: https://www.lawyersclubindia.com/experts/refusal-of-job-to-cancer-patient-after-offere-job-by-company-737791.asp

Sudhir Kumar, Advocate (Expert) 20 November 2021
None will advise you to hide facts.

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