Job interview health questions in Finland: what is legal

In Finland an employer may ask a job candidate only about matters that are directly necessary for the employment relationship. Questions about pregnancy, plans to have children, the number of children and childcare arrangements are not allowed at all according to the Equality Ombudsman, and making the answer voluntary does not fix that. Finnish law does not allow health data to be processed as a basis for hiring; if a job has health requirements, they are checked in a health examination by occupational health care, and the employer receives only a general assessment of fitness for the job.

This guide is for international founders and managers who hire in Finland with a team of 5–25 people and no HR department. It is general information, not legal advice for an individual case. If this is your first hire, start with setting up occupational healthcare for your first employee.

What can an employer ask in a job interview in Finland?

The Act on the Protection of Privacy in Working Life 759/2004 (in Finnish) applies, where relevant, to job applicants too (section 2). Under its necessity requirement in section 3, an employer may process only personal data that is directly necessary for the employment relationship, and the requirement cannot be waived even with the person's consent. According to the Office of the Data Protection Ombudsman, the data needed when someone applies for a job is mainly information that shows the applicant's qualifications.

Section 4 says data is collected primarily from the applicant. If you want to ask a former employer about the candidate, you need the candidate's consent. A practical rule: ask about skills, experience, the requirements of the job and the start date, not about the candidate's private life.

Can you ask about health in a job interview?

Not in general. Section 5 of Act 759/2004 lists the situations in which an employer may process health data: paying sick pay, establishing whether an absence is justified, when the employee expressly wants their work ability assessed, and situations set out in other laws. Hiring is not on the list. Questions about illnesses, medication, past sick leave or diagnoses therefore do not belong in an interview.

You can still describe the job openly. If the role involves a lot of travel or night work, say so and ask whether that suits the candidate. The question is about the job, not about health.

If the work involves a particular risk of illness or has health requirements, fitness is assessed by occupational health care. Under section 13 of the Occupational Health Care Act 1383/2001 (in Finnish), the certificate from a health examination on placement in work records only a general assessment of the person's health-related ability to do the tasks. According to the Finnish occupational safety and health authority, occupational health care may tell the employer only whether the person is fit for the job and whether there are restrictions. More on when checks are required is in occupational health examinations in Finland.

Can you ask about pregnancy, children or family plans?

No. In its statement TAS/370/2010 (in Finnish), the Equality Ombudsman lists questions about pregnancy, plans to have children, the number of children and childcare arrangements as prohibited in job interviews. According to the Ombudsman, asking them in recruitment is contrary to the Equality Act and can create a suspicion of sex discrimination, after which the employer must show that these matters did not affect the choice.

Under section 8 of the Act on Equality between Women and Men 609/1986 (in Finnish), it is prohibited discrimination if an employer, when hiring, puts a person at a disadvantage because of pregnancy or childbirth, parenthood or family care responsibilities. Under section 11, the employer must then pay compensation to the person discriminated against.

Age, military service, smoking and alcohol

Under section 8 of the Non-Discrimination Act 1325/2014 (in Finnish), no one may be discriminated against on grounds such as age, language, religion, belief, family relationships, state of health or disability, whether the discrimination is based on a fact or an assumption.

• Age. Age is a prohibited ground and is usually not needed for the selection. Employment contracts of people under 18 are governed by the Young Workers Act, so whether the candidate is an adult can matter.
• Military service. In statement TAS/451/2024 (in Finnish), the Equality Ombudsman says that taking military service into account in hiring is an indirectly sex-related ground, and questions about it are allowed only when the service clearly matters for the tasks.
• Smoking and alcohol. A candidate's free-time habits are usually not necessary information. You can explain the workplace rules instead.

Question table: may you ask, and why

Personality and aptitude tests

Under section 13 of Act 759/2004, a person may be tested with personal and aptitude assessments with their consent, to establish their ability to do the job. The employer must ensure reliable methods, competent testers and accurate results, and on request the candidate must receive the written assessment free of charge. According to the Data Protection Ombudsman, the tests must be necessary for the employment relationship, so a personality test is not automatically allowed. Under section 14, health-related checks and tests are carried out by healthcare professionals, not by the recruiter.

Pre-employment health checks and drug tests

The law does not require a pre-employment health examination for every job. Under section 13 of the Occupational Health Care Act, an employee may not refuse without good reason an examination that is necessary on placement in work with a particular risk of illness or with health requirements. In office and expert work the need is assessed in the workplace assessment; see what occupational healthcare includes in Finland.

Drug testing is tightly limited. Under section 7 of Act 759/2004, an employer may receive a drug test certificate only from the candidate selected for the job, with their consent, and only for tasks listed in the law where working under the influence could endanger, for example, health, traffic safety, data protection or trade secrets. Under section 11 of the Occupational Health Care Act, the employer must also have a written substance abuse programme. You cannot test every candidate just in case.

Interview checklist for a startup

1. Write down the job requirements and selection criteria before the interviews.
2. Ask all candidates the same core questions about skills and experience.
3. Describe the job's demands openly and ask whether they suit the candidate.
4. Leave out questions about health, pregnancy, family, age and free-time habits.
5. Ask for consent before contacting referees.
6. Use aptitude assessments only when necessary for the job, and tell candidates they can get the written assessment.
7. Agree with occupational health care whether the job needs a health examination, and ask only for a fitness assessment.

If a candidate tells you about their health or a pregnancy, the information must not affect the choice. Do not record it, do not ask follow-up questions and return to the job requirements. According to the Finnish occupational safety and health authority, discrimination is prohibited already in recruitment and the authority supervises the ban in working life.

Once the person starts, statutory occupational healthcare is required from the first employee; see is occupational healthcare mandatory in Finland and statutory occupational healthcare. For the sick leave rules your new hire will ask about, read sick leave in Finland. StartHealth's occupational health for startups explains what we offer, and the services page lists the packages.

Frequently asked questions