While the obligation to undergo an initial medical examination before entering into an employment relationship is laid down in the Labor Code, its conditions are specified in a special legal regulation, namely the Act on the Provision of Specific Health Services.
Under the previous legislation, employers were obliged to ensure that all categories of employees underwent an initial medical examination before entering into an employment relationship. In the case of agreements concluded outside of an employment relationship, the employer had this obligation if the work was considered hazardous under the Public Health Protection Act or if such an obligation was stipulated by implementing regulations relating to this activity. If job applicants did not undergo the mandatory initial examination, they were considered unfit for the job in question.
In connection with the current amendments to the Labor Code, known as the "flexinova," several changes have also taken effect in this regard, effective June 1, 2025.
In particular, the rules regarding the group of persons who must undergo a mandatory pre-employment medical examination before starting work have been relaxed. Newly, for non-hazardous work in the so-called first category, which mainly includes administrative and office activities, the obligation to undergo a medical examination will be abolished from June, and in these cases, the applicant's medical fitness will be presumed, i.e., it will be assumed that the employee is fit for work.
However, employers may continue to require potential applicants to undergo a medical examination on the basis of a request form and subsequently reimburse them for the costs incurred after they start work. If the employer does not make use of this option, the potential applicant is considered medically fit. However, if the applicant himself believes that the performance of the work could be difficult for him from a health point of view, he may request the examination himself.
In the case of agreements concluded outside of an employment relationship, the rules have been tightened in this respect, as an initial medical examination is now also mandatory for so-called second category jobs, which include, for example, cashier or stock replenishment positions.
Finally, it is necessary to mention the category of young job seekers, i.e., persons under the age of 18, who must always undergo an initial medical examination, regardless of the riskiness of the work and regardless of whether their work is performed on the basis of an employment relationship or on the basis of one of the agreements on work performed outside an employment relationship.
