Entrance medical examinations to be finalized before the commencement of work

Novinky

On 1 November 2017, rather an extensive amendment of Act No. 377/2011 Coll., on specific medical services, came into effect unifying, among others, the legal terminology with that of the New Civil Code (effective from 2014).

Also, based on the amendment, adjustments to provisions concerning compulsory entry medical examinations in that the examinations are required to be performed before the commencement of the employment as opposed to the previous requirement for the examinations to be carried out before the contract of employment has been signed as the employment starts on the day which is stipulated in the CoE as the commencement date or the day of an appointment of a manager. The logic behind the amendment lies in the fact that the examination loses its validity if the contract of employment is signed long in advance. Despite the change, however, the employer ought to require a possible employee to be examined so as to avoid possible signing of a contract with an employee whose health would later be found unsuitable for the duties.

Also, the employers are obligated to bear the costs of the examinations of the applicant who apply for night-shift jobs even if the contract is not entered into.

Furthermore, the amendment has also made the deadlines for the medical report to be issued more specific, and the examined person or the person for whom rights and duties arise by application of the medical report (usually the employer) may waive the 10-day period for the medical report re-examination.