Rules for Requesting Health Information in the Labour Market

Abstract

From a legal perspective this thesis aims to analyze the Danish Health information act § 2 subsection 1-4. The purpose of the legal part of the thesis is to derive the information an employer is allowed to request an employee concerning employment. The legal analysis will furthermore include a case regarding the football club F.C. Copenhagen to demonstrate how the Danish health information act applies on companies. The case will also be included in the economic and integrated analysis. The legal analysis concludes that an employer only can request health information, which is significant, current and relevant for the execution of the concerned employment. From an economic view, the thesis aims to analyze the economic consequences the Danish health information act will produce. The economic consequences will have an effect of how companies shape their contracts. The economic analysis will lead of with a risk analysis, which has the purpose of measuring the risk concerning short- and long-term contracts. Furthermore the economic analysis discusses the theory of transaction cost and finally it will include a value of the health information depending on the length of the contract. The economic analysis concludes that F.C. Copenhagen can minimize their risk by adjusting the contract length and forming one-year contracts. The transaction cost for each contract will increase 200.000 DKK for every time the Parties negotiate. The transaction cost related to short-term contracts will therefore be higher than long-term contracts. Long-term contracts will on the other hand not lead to an increase in transaction cost why it from a transactions cost point of view can be beneficial. Furthermore it concludes that the value of health information depends on the length of the contract. The purpose of the integrated analysis is to solve the economic consequences by forming a performance based contract. The contract will include key performance indicators to enhance a specific behavior from the employee. Furthermore will it include proactive law by involving clauses to help minimize cost and obtain profits which wasn’t known at time when entering the contract.