See more
Publication date: 09.05.2024
active and purposeful military lawyer with more than 4 years of experience
For which categories of employees a medical examination is mandatory
Medical examination is a complex of medical interventions carried out with the aim of identifying pathological conditions, diseases and risk factors for their development.
The purpose of conducting a medical examination is to give a comprehensive assessment of the state of health of certain categories of persons, to determine the state of health of the employee and the possibility of him performing the relevant labor duties, as well as to prevent the occurrence and spread of infections.
WARNING! According to the legislation, there are certain categories of employees, types of activities and a list of professions for which passing a medical examination is mandatory.
You may be interested in reading articles on such topics: collection of debt from wages recovery of wages through court recovery of wage arrears recovery of wages recovery of wages in court recovery of wages through court recovery of unpaid wages recovery of wage arrears
For whom a medical examination is mandatory
A medical examination is mandatory for the following categories of employees:
• employed in heavy jobs;
• jobs with harmful or dangerous working conditions;
• at jobs where there is a need for professional selection;
• persons under the age of 21 (regardless of profession and type of activity).
The procedure for conducting medical examinations of employees of certain categories is approved by Order No. 246 of the Ministry of Health of Ukraine dated May 21, 2007.
An employee who refuses to undergo a mandatory medical examination violates labor discipline. And for violation of labor discipline, disciplinary responsibility is provided, which can be manifested both in suspension from work without salary and in dismissal from work (in the event that passing a medical examination is mandatory).About the employer's obligations regarding the organization of medical examinations
The employer is obliged to provide at his own expense an extraordinary medical examination of employees:
• at the employee's request, if he believes that the deterioration of his health is related to working conditions;
• on his own initiative, if the employee's state of health does not allow him to perform his work duties.
During the medical examination, the employees' place of work (position) and average earnings are stored.
An employment contract with an employee who, based on the results of periodic medical examinations, has been recognized as such that his state of health prevents further performance of specific work, may be terminated at the initiative of the employer on the basis of paragraph 2 of part one of Article 40 of the Labor Code of Ukraine, if the employee it is impossible to transfer to another job at the same enterprise, institution, which the employee can perform, or the employee refused such a transfer.
The employer may be subject to administrative liability in the form of a fine for lateness of mandatory medical examinations by employees and for harmful consequences for public health caused by the admission to work of persons who have not undergone mandatory medical examinations.
