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Publication date: 08.04.2024
I' m a lawyer in civil, tax, family cases
In today's war conditions, the issue of public health and safety is very relevant and deserves special attention.
The employment process is no exception, as creating a safe and healthy work environment for all personnel is a priority for every employer.
Ukraine is a democratic state governed by the rule of law, therefore, compliance with the fundamentals of the rule of law and constitutional guarantees for citizens has priority and priority.
The Constitution of Ukraine stipulates that every citizen has the right to healthcare, medical care and medical insurance.
The need to undergo a preliminary medical examination is established by direct labor legislation. All employees without exception undergo this inspection upon employment.
The purpose of a preliminary medical examination is to determine the employee’s health status, the degree of illness, determine the ability to perform certain job duties, establish medical contraindications, as well as prevent the occurrence and spread of infectious diseases.
Properly organized and conducted preliminary medical examination plays an important role in maintaining the health of workers and ensuring safety in the workplace.
First of all, as a labor law lawyer notes, this is important for those enterprises that are forced to conduct such inspections due to the nature of their activities and established legal requirements.
The labor lawyer emphasizes that the need to undergo a preliminary medical examination upon employment is indeed important, but there must be a distinction for each category of workers and clear requirements established in accordance with the position held.
It should also be noted that it is necessary to undergo a psychiatric examination upon employment. This is a prerequisite for hiring certain categories of employees, as well as for civil service positions.
In accordance with legal requirements, a preliminary psychiatric examination is carried out before employment or before starting certain types of activities with special requirements for mental health.
Based on the results of the preliminary psychiatric examination, the person is issued a “Certificate”, the original of which must be provided to the employer upon employment.
All categories of workers undergo a preliminary psychiatric examination: administrative personnel, workers involved in the production of medicines, workers working with precursors, vehicle drivers, workers who come into contact with food products during their production, storage and sale and all other categories of workers in accordance with with the company’s staffing table and functional responsibilities.
The above are cases where the employer has the right to require a medical examination and the provision of certain permits as a condition of employment with certain substances and for certain types of professions. However, there are cases when employees are required to obtain certain test results and research results (for example, the results of gynecological examinations, Pap test, blood test, etc.). Labor law lawyer consultationIt issue assures that these requirements are unreasonable and this is not established by any legislative norm, especially for employees who work on a permanent basis in the office.
A labor dispute lawyer emphasizes that the employer under no circumstances has the right to refuse to hire and refuse to conclude an employment contract if the future employee refuses to provide the results of examinations and certain medical tests that are legally protected medical secrets. These demands on the part of the employer are illegal, notes the labor lawyer consultation, since it is prohibited to demand and provide information about the patient’s diagnosis at the place of work.
