Is a medical examination valid when moving to another place of work?
We believe that when an employee is hired, he needs to be sent again to undergo a medical examination.
This is due to the fact that, firstly, the harmful factors and labor process factors for which a medical examination was carried out at the previous employer and at the new employer may differ, as a result of which an examination by a different list of doctors is necessary. We talked about it earlier in the material at the link. Secondly, during the period that the employee did not work, he could have contraindications for working in the relevant position. Those.
in this situation, it is necessary to send the employee for a medical examination, and the occupational pathologist or therapist will decide whether he needs to undergo additional or new tests and examinations by specialists or will count the previously completed medical examination.
Details in the materials of the Personnel System: 1. Answer: Is an employee required to undergo a preliminary medical examination when hired as a transfer from another organization.
Is it necessary to undergo a medical examination when transferring to another position?
In the absence of results of a special assessment of working conditions, the employer may resort to others named in clause of the Procedure, a medical report on the employee’s state of health is drawn up in two copies, one of which is given to the incoming employee (clause
2 tbsp. 212 and part 7 of Art. 213 Labor Code of the Russian Federation). Whether the employee has a conclusion based on the results of a medical examination conducted during the period of work for the previous employer does not matter.
According to the procedure, employees undergo such an examination additionally based on the results of medical recommendations before the expiration of the period for the medical examination established for them. As for the periodic medical examination, we note the following.
Medical examination upon transfer to a job with similar harmful labor factors
If, during a transfer, an employee is assigned to work with hazardous working conditions, the employer must ensure that the employee’s health status corresponds to the work assigned to him. This can be determined by a medical commission specially created for such purposes when the employee undergoes a preliminary medical examination.
The objectives of periodic medical examinations are to further determine the suitability of these workers to perform the assigned work and to prevent occupational diseases.
In this case, if the list and measure of exposure to harmful and dangerous production factors for this employee upon transfer to a new workplace have not changed, the most appropriate would be to issue an order from the head of the organization, agreed upon
The employee's working conditions are acceptable.
When transferred, the employee's working conditions do not change.
Is it necessary for an employee to undergo a mandatory medical examination if, when the employee is transferred to another structural unit or to another position, the harmful production factors for which it is necessary to undergo a medical examination do not change? On this issue, we adhere to the following position: If in the situation under consideration, after the transfer, the employee’s working conditions do not change and he continues to perform work that requires mandatory preliminary and periodic medical examinations (examinations) of workers, and the frequency of medical examinations, a list of medical specialists , laboratory and functional tests, as well as the list of additional medical contraindications for performing this work remain unchanged; there is no need to send him for a mandatory medical examination.
Justification for the position: Parts one and two of Art.
Validity of medical examination upon hiring
The same regulations list all types of examinations, as well as the necessary tests that must be submitted during the examination.
Organizations and enterprises that have entered into special agreements with medical institutions (including commercial ones) to conduct medical examinations of both existing employees and newly hired employees can add additional types of studies and analyzes to these lists.
Their results are necessary to more accurately determine the professional suitability of future employees to work in specific areas of activity.
Applicants applying for government jobs are required to undergo examination by only two specialists: a psychiatrist and a narcologist. Since the Soviet
Is a repeat medical examination required when transferring to another position?
At the previous place of work, the employee held the same position as the new employer N.Z.
When hired by a new employer, the employee will need to undergo examination by other medical specialists, which were not carried out by the previous employer due to the lack of relevant factors. In this regard, when transferring from one employer to another, an employee is required to undergo a preliminary medical examination.
This conclusion follows from the totality of the provisions of the Labor Code of the Russian Federation and.
Is a new employer required to send for a medical examination under the current
Holding employees accountable Moscow from 5,000 rubles.
The attention of the Labor Code of the Russian Federation falls on the employer.
In order to exercise your right, after employment you must submit payment documents to the company’s accounting department confirming the fact of payment for medical services, as well as the amount of expenses incurred.
Some employers refer a potential employee to medical institutions with which they have contracts for the provision of relevant services - in this case, the citizen will not have to spend his own funds and subsequently make a request for reimbursement.
Validity of the medical examination upon hiring. Is it possible to use the results of a valid medical examination when changing jobs? How long a medical examination is valid when hiring is determined in Appendix No. 19 to Order No. 834n of the Ministry of Health of the Russian Federation.
At the same time, practice shows that obtaining an opinion from all doctors, as a rule, takes no more than 5 working days.
Medical examination during translation
After passing a medical examination, the medical institution gives a medical report on whether the employee’s state of health allows him to work in the given working conditions (in a medical examination it should be something like: fit to work as a welder with harmful factors: welding aerosols, .). If the employee is transferred to another job with different working conditions, then such a conclusion becomes invalid.
If an employee is transferred to hard work or work with harmful and (or) dangerous working conditions, such employee must undergo a preliminary medical examination.
The time for such a medical examination may occur both on a working day (shift) and during the rest period of a particular employee, depending on the work schedule of the medical commission.
For working time missed due to undergoing a mandatory medical examination, the employee is paid an average salary, the amount of which is determined in the manner established by Art.
139 Labor Code of the Russian Federation (Labor Code of the Russian Federation).
Medical examination - is it possible to get a job in another organization?
Clause 1 of the said Procedure in accordance with Art.
213 of the Labor Code of the Russian Federation establishes the rules for conducting mandatory preliminary and periodic medical examinations of the following persons: - those employed in work with harmful and (or) dangerous working conditions (including underground work); — employed in work related to traffic; — those employed in work that requires preliminary and periodic medical examinations in order to protect public health and prevent the occurrence and spread of diseases. Such persons include persons who work on a personal computer for more than half of the working time (clause
Source: https://27advokat.ru/dejstvitelna-li-medkomissija-pri-perehode-na-drugoe-mesto-raboty-48094/
The Russian Ministry of Health has changed the rules for medical examinations of workers
On January 7, 2021, Order of the Ministry of Health of Russia dated December 13, 2021 N 1032n came into force, which introduced changes to the procedure for conducting mandatory medical examinations of workers upon entering work and working in hazardous working conditions.
They tried to change the document a huge number of times, but the projects never turned into approved orders. It is all the more interesting to see what the department, which took so long to approve the amendments, changed there.
The list of harmful and dangerous production factors has not changed. In the list of works, the position of a flight attendant was replaced by the position of an aircraft flight attendant, and an old typo was corrected - a reference to a non-existent subclause 28. The lists of mandatory tests and inspections were moved from the notes to a self-sufficient paragraph of the document.
All other changes concern the procedure for conducting medical examinations.
1. The main innovation is that when conducting a preliminary or periodic inspection, (no later than one year) inspections can be taken into account
– preliminary or periodic inspection,
– medical examination,
– other medical examinations.
Thus, employers have the opportunity to significantly reduce the cost of medical examination if employees:
- will undergo a medical examination or preventive medical examination at the clinic at the place of attachment and take an extract from their medical record for a new medical examination;
– part-time workers will undergo a medical examination at their main place of work and will take the results of the previous one for a new medical examination.
On the other hand, medical centers specializing in medical examinations are not interested in reducing their costs by crediting studies conducted elsewhere. In addition, in order to undergo a medical examination, the employee will first need to be given a paid day off.
And one more thing - clinics are not willing to give medical cards in hand, which can also make it difficult to undergo a medical examination with credit for previously completed tests. According to the new rules, a person applying for work has the right to provide the medical center not with the original card, but with an extract from the medical record with the results of the medical examination.
For medical centers specializing in medical examinations, the legislator reserved the right not to take into account the results of previously conducted examinations if a citizen is identified with symptoms and syndromes of diseases indicating the presence of medical indications for repeated examinations.
In addition, in order to clarify the diagnosis, medical centers are entitled to receive the necessary information about the employee’s health status using medical information systems from the clinic at the place of attachment.
2.
The second important change is that the scope of medical examination for all examined workers has been expanded through questionnaires, calculating body mass index, measuring blood pressure, determining cardiovascular risk, and measuring intraocular pressure (the latter after 40 years). Such a change brings the medical examination at work closer to the clinical examination in the clinic and will obviously delay the time of completion of the medical examination, since it increases the workload on the therapist.
3. The third change is the abolition of the mandatory issuance of health passports , which were previously issued to employees.
Now the employee is given an extract from the medical record, which reflects the conclusions of medical specialists, the results of laboratory and other tests, a conclusion based on the results of a periodic examination, as well as recommendations for prevention and further observation, treatment and medical rehabilitation. A copy of the extract, with the consent of the employee, is sent to the clinic at the place of attachment.
4. Fourth – paperwork for medical centers conducting medical examinations has been increased.
The conclusion based on the results of the preliminary examination must now be drawn up in four copies (instead of two), based on the results of the periodic examination - in five copies, and sent to the clinic at the place of attachment of the citizen.
The final act is drawn up in five copies and sent to the employer, the occupational pathology center of the constituent entity of the Russian Federation, the Federal Social Insurance Fund of Russia, and the territorial body of Rospotrebnadzor.
Additional reporting to the FSS of Russia has appeared - medical organizations that conducted periodic examinations provide information on the health status of employees, including the results of these examinations with the written consent of the employee to the FSS of Russia upon written request. To comply with this legal norm, the medical center will need to obtain the appropriate consent from the employee in advance and issue a copy of the conclusion for the FSS of Russia, or make sure that the employee signs a refusal to provide information to the FSS of Russia.
5. Medical examinations at occupational pathology centers once every five years, from July 1, 2021, will be carried out by workers with hazardous working conditions (subclasses 3.1-3.4, class 4) and workers with persistent consequences of industrial accidents.
Workers who have a preliminary diagnosis of an occupational disease must be sent to occupational pathology centers within 1 month from the moment of suspicion of a connection between the disease and the profession.
Specialists from the occupational pathology center will travel to remote settlements as part of mobile medical teams.
For legal assistance, you can contact medical lawyer Vadim Sergeevich Berezinsky in the professional community https://.com/medicinskijyurist.
Source: https://zakon.ru/blog/2021/01/13/minzdrav_rf_pomenyal_pravila_medosmotrov_rabotnikov
Medical examination upon transfer to another position
Justification for the position: Parts one and two of Art.
213 of the Labor Code of the Russian Federation establishes that workers engaged in work with harmful and (or) dangerous working conditions (including underground work), as well as in work related to traffic, undergo mandatory preliminary (upon entry to work) and periodic (for persons under the age of 21 - annual) medical examinations to determine the suitability of these workers to perform the assigned work and to prevent occupational diseases. In accordance with medical recommendations, these employees undergo extraordinary medical examinations.
We transfer an employee to another job for medical reasons
According to the procedure, employees undergo such an examination additionally based on the results of medical recommendations before the expiration of the period for the medical examination established for them. As for the periodic medical examination, we note the following.
When an employee is transferred, his job function changes - work according to the position in accordance with the staffing table, profession, specialty, indicating qualifications; a specific type of work entrusted to the employee or a structural unit (if it was specified in the employee’s employment contract) (Article 72.1, Art.
57 of the Labor Code of the Russian Federation), and accordingly, it is possible to change the conditions under which this work will be carried out. At the same time, the legislation does not clearly regulate this situation.
Medical examination upon transfer of an employee
Put into effect lists of harmful and (or) dangerous production factors and work, during the performance of which preliminary and periodic medical examinations (examinations) are carried out, and the Procedure for conducting preliminary and periodic medical examinations (examinations) of workers engaged in heavy work and work with hazardous and (or) hazardous working conditions, from January 1, 2012...” Before transferring an employee, you must know whether he can perform work according to medical indications in the new working conditions Hello! 1. An employee may be sent for a medical examination upon transfer if: - performing a new permanent job requires passing a preliminary medical examination (examination); — there are harmful hazardous substances and production factors that will affect the employee after such a transfer. 2.
Today, such a normative act establishing the List of harmful and (or) dangerous production factors, the List of works during the performance of which mandatory preliminary and periodic medical examinations (examinations) of workers are carried out (hereinafter referred to as the List) and the Procedure for conducting mandatory preliminary (upon admission to work) and periodic medical examinations (examinations) of workers engaged in heavy work and work with harmful and (or) dangerous working conditions (hereinafter referred to as the Procedure), is the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 N 302n. Preliminary examinations (upon admission to work) are carried out at the conclusion of an employment contract in order to determine the compliance of the health status of a person entering work with the work assigned to him, as well as for the purpose of early detection and prevention of diseases (clauses 2, 7 of the Procedure, Article 69 of the Labor Code of the Russian Federation).
Lyudmila
A medical examination must be organized before the transfer, since the employer must obtain a medical report, evaluate it and decide on the possibility of further implementation of transfer activities. Password is someone else's computer Forgot your password? © 1997 - 2018 PPT.
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Source: https://yuruos.icu/meditsinskij-osmotr-pri-perevode-na-druguyu-dolzhnost/
Medical examination when transferring to an identical job in another legal entity
It becomes clear that if you hire a part-time worker for a harmful position, organizing a medical examination is your responsibility.
The same regulations list all types of examinations, as well as the necessary tests that must be submitted during the examination.
Many employers are faced with the problem of conducting preliminary and periodic medical examinations. If everything is more or less clear with permanent full-time employees, then part-time workers and temporarily transferred workers are perplexed.
Is it necessary for an employee to undergo a mandatory medical examination if, when the employee is transferred to another structural unit or to another position, the harmful production factors for which it is necessary to undergo a medical examination do not change?
Labor Code of the Russian Federation). Periodic medical examinations are carried out during the working life of employees. As follows from clause 15 of the Procedure, the frequency of periodic inspections is determined by the types of harmful and (or) hazardous production factors affecting the employee, or the types of work performed. When transferring an employee to a job with hazardous working conditions, the employee must undergo a preliminary medical examination at the expense of the employer (). The procedure for conducting mandatory preliminary and periodic medical examinations of workers is established by order of the Ministry of Health and Social Development of Russia dated April 12, 2011.
When transferring an employee to a job with hazardous working conditions, the employee must undergo a preliminary medical examination at the expense of the employer, Art.
It allows you to determine whether a person, due to health reasons, is ready to perform the job for which he is hired, whether he has chronic and hereditary diseases that can affect his health in the future and interfere with the performance of assigned tasks. Such a medical examination also protects the team from infectious diseases that a new employee may bring.
Is a medical examination required when applying for a job by transfer?
Terentyev Bogdan
The Ministry of Health and Social Development of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 30, 2004 N 321 (Collection of Legislation of the Russian Federation, 2004, N 28, Art. 2898; 2009, N 3, Art. 378), I order: 1.
Approve: a list of harmful and (or) dangerous production factors, in the presence of which mandatory preliminary and periodic medical examinations (examinations) are carried out, in accordance with Appendix No. 1; a list of works during the performance of which mandatory preliminary and periodic medical examinations (examinations) of workers are carried out, in accordance with Appendix No. 2; The procedure for conducting mandatory preliminary (upon entry to work) and periodic medical examinations (examinations) of workers engaged in heavy work and work with harmful and (or) dangerous working conditions, in accordance with Appendix No. 3. 2.
Medical examination upon hiring
Put into effect lists of harmful and (or) dangerous production factors and work, during the performance of which preliminary and periodic medical examinations (examinations) are carried out, and the Procedure for conducting preliminary and periodic medical examinations (examinations) of workers engaged in heavy work and work with hazardous and (or) hazardous working conditions, from January 1, 2012...” Before transferring an employee, you must know whether he can perform work according to medical indications in the new working conditions. Hello. Look at the methodological recommendations of the Ministry of Health of the Russian Federation. They say that a medical examination is carried out not only before applying for a job, but also during transfer. In addition, Article 213 of the Labor Code of the Russian Federation states: “Workers engaged in heavy work and...
Medical examination when transferring to an identical job in another legal entity
Representatives of Rostrud note that an employee hired by a new employer by way of transfer and subject to a mandatory preliminary medical examination must be sent to undergo it, even if the previous employer performed work under similar conditions and passed a mandatory medical examination. Thus, in the situation under consideration, the employer does not have the right to allow an employee to work on the basis of the results of a medical examination conducted during the period of work at the previous place of work (Part 1 of Article 76 of the Labor Code of the Russian Federation). In conclusion, we note that for the admission of an employee to perform labor duties without undergoing mandatory preliminary medical examinations in accordance with the established procedure, administrative liability is established for the employer and his officials under Part 3 of Art.
Do I need to undergo a medical examination again when joining the same organization?
It all depends on the duration of the contraindications specified in the medical certificate: more than 4 months or less than 4 months. In case of short-term health problems, the employee may be offered temporary work in another position. In case of long-term problems, they may be offered a position that allows the employee to work for medical reasons and professional reasons.
Or they are fired, since medical contraindications are a serious reason for this.
Please note: If an employee is transferred for health reasons to another position with lower pay, but without a change of manager, then he must be paid his previous salary within a month.
And if he is fired, then he must be paid everything that is due by law, including for unused vacation.
Vote:
Important
- In what cases is it possible to extend a temporary transfer?
- How to register an employee when the transfer deadline expires
- What is the validity period of a medical certificate?
- How to conduct a psychiatric examination of drivers?
- How to transfer employees to part-time work?
Question An employee has already undergone a medical examination when hired for one position, and now she is being transferred (they are transferring, not moving) to another position. And these two positions have the same harmfulness conditions. Not even a month passed between admission and transfer. Should the organization send her for repeat medical examination?
inspection in this case? Is there any way to avoid having to undergo repeated medical examination? An inter-examination is mandatory for them. We just don’t want to pay, so we are looking for ways to get out of this situation. They just recently underwent a medical examination (2 years have definitely not passed yet). It’s better to try to negotiate with the medical professional. institution, because workers will receive repeated honey. examination, usually doctors automatically write that it is good without an actual examination, it may be cheaper. Well, at the very least, you should save on flare. Think carefully. In the sense that the desire to save money can backfire. A story from practice: an employee is hired by an organization (a medical examination is required), the organization, not wanting to spend money, accepts him without a medical examination, nodding to the medical examination carried out 8 months ago. An employee, after working for 3.5 months, goes to a doctor who finds he has an occupational disease and registers him as a disability. The employee does not show up for work, 1.5 months. he gets fired for absenteeism, he shows up bringing a bunch of honey.
He must undergo examination by all required specialists, attend all necessary diagnostic tests, take tests and receive appropriate vaccinations, if required. Otherwise, the contract with him will not be signed, and he will not be hired.
Women additionally need to visit a mammologist and gynecologist. Attention The fact that the applicant for the position has not yet been hired or is not on staff is not a basis for refusal.
Article 69 of the Labor Code provides that the medical examination is carried out simultaneously with the conclusion of the employment contract. It is necessary to undergo a medical examination within the time limits established by law.
A person referred for a medical examination has the right to undergo examinations in any medical institution. But, as a rule, the employee is sent to the outpatient department at his place of residence.
But in addition to these doctors, some types of professions require examination by other specialists. This could be a narcologist, a psychiatrist, a gastroenterologist, a cardiologist, or an allergist.
Sample certificate A certificate confirming that a future employee of the enterprise has passed a medical examination is the final conclusion of a therapist, issued on the basis of the conclusions of other specialists of a medical institution. Most often, the certificate is issued in form 086/u.
Validity period of the certificate If a person gets a permanent job for the first time, then certificate 086/у is usually issued. It is good for six months. For civil servants, the certificate is different - 001-ГС\у. Its validity period is one year.
However, the employer may require you to undergo the medical examination again, even if the certificate has not expired. The fact is that sometimes a person passes a medical examination for one enterprise, and then decides to go to work for another organization.
Source: https://alishavalenko.ru/nuzhna-li-medkomissiya-pri-prieme-na-rabotu-perevodom/
Medical examinations upon hiring
He can only give him an alternative vacancy if one exists. For the applicant himself, medical contraindications are a warning that this job is not suitable for him and will lead to even greater health problems.
Some employees undergo these checks annually. What you need to know During a medical examination, the general condition of the human body is assessed, professional suitability is confirmed, or diseases are identified, on the basis of which recommendations are issued. Examination of a person’s health status is divided into several types: initial examination; annual examinations; medical check out of turn.
If an employee is transferred to hard work or work with harmful and dangerous working conditions, such employee must undergo a preliminary medical examination. The time for such a medical examination may occur either during a working shift or during the rest period of a particular employee, depending on the work schedule of the medical commission.
The initial medical examination for employment is carried out when a person has just been selected for a job vacancy. The list of doctors who should examine you may vary depending on the employee’s gender and profession. Employees who are assigned to certain groups and work in a hazardous enterprise undergo an annual examination.
Rimma Question asked March 11 at Should employees undergo a medical examination when transferred to another position, or when transferred from one site to another, since the harmful factors are different? If yes, then during what time should a medical examination be organized: The question relates to the city of the Republic of Tatarstan Answers: Published on March 12 in Look at the methodological recommendations of the Ministry of Health of the Russian Federation.
Applicants applying for government jobs are required to undergo examination by only two specialists: a psychiatrist and a narcologist.
What day should I formalize the transfer of an employee after passing a medical examination?
As follows from the provisions of Part 1 of Art. 213 of the Labor Code of the Russian Federation, the task of preliminary medical examinations is to determine the compliance of the health status of workers with the work assigned to them. If, during the transfer, the employee is assigned work with hazardous working conditions, the employer, by virtue of part two of Art. 212 and part 1 of Art.
213 of the Labor Code of the Russian Federation must ensure that the employee’s health status corresponds to the work assigned to him. This can be determined by a medical commission specially created for such purposes when the employee undergoes a preliminary medical examination.
The objectives of periodic medical examinations are to further determine the suitability of these workers to perform the assigned work and to prevent occupational diseases.
Is it necessary to undergo a medical examination when transferring to another position?
Maximus June 21, 2021 The turner is transferred to the warehouse as a loader for 10 days. He needs to undergo an additional medical examination in accordance with Resolution No. 47 on medical issues. indicators as a loader.
However, the management says that you need to undergo medical treatment for 10 days.
the examination is not necessary and requires signing a “transfer letter” without a medical examination, but just in case, indicating in it that the employee is being transferred as a loader without permission to lift heavy objects.
And let's go from the opposite direction.
Do I need to undergo a medical examination when transferring to another job?
Wait until the next medical examination?
If you work 2 jobs, how do you get a medical examination? Do you need to have 2 medical books and undergo 2 medical examinations?
What harmful factors might a seller of industrial goods (clothing) have? Depends on the circumstances - you need to look on the spot.
Law Club Conference
Shokel July 30, 2009 Everything will depend on how long ago they underwent a medical examination, what the working conditions are at the new workplace.
Do employees quit due to liquidation and apply for employment again in a new position, or do you fire them as a transfer?
And will you pay for medical examinations for all employees? Post edited by Schenen: 30 July 2009 - 16:16
Bald July 31, 2009 They just recently underwent a medical examination (2 years have definitely not passed yet), it doesn’t matter, you can be very seriously punished if there is a work-related injury, or God forbid, with a fatal outcome, the prosecutor will find the culprits among the management.
Transfer of an employee to another permanent job
Magazine: Personnel Directory Batur Anna Vladimirovna, Potapova Lidiya Aleksandrovna Topic: Documents of the personnel service, Permanent transfer to another job Heading: Procedure: step by step...
- Labor Code of the Russian Federation (extract)
Transfer to another permanent job is a permanent change in the labor function of the employee and (or) the structural unit where he works (if the structural unit is specified in the employment contract), as well as transfer to work in another location together with the employer (Part 1 of Article 721 Labor Code of the Russian Federation). In this case, transfer to another permanent job is permitted only with the written consent of the employee. The Labor Code of the Russian Federation specifically identifies cases when the employer is obliged to offer a transfer to another permanent job (table).
When employees undergo repeated medical examinations
A medical examination of employees is carried out when hiring in child care institutions, in trade, or if the work involves hazardous conditions. Let's look at the main three reasons to organize a repeat medical examination of company employees in order to avoid penalties.
According to labor legislation, everyone who plans to work in child care institutions, in trade, or work in hazardous conditions must undergo a medical examination. Even if the employee was examined at his previous place of work, it is prohibited to accept a medical report. A repeat medical examination will be required. If these rules are ignored, the company will be fined.
A repeat medical examination is carried out when re-signing a fixed-term contract
In practice, it often happens that the parties do not renew the employment contract after the expiration of the term, but enter into a new one. At the same time, the employee’s position, place of work and working conditions remain the same, nothing changes. Therefore, employers believe that a mandatory preliminary medical examination of employees is not necessary in this situation.
But this opinion is wrong. Article 69 of the Labor Code of the Russian Federation obliges an employee to undergo a medical examination before each new conclusion of an employment contract. There are no exceptions here (letter of the Ministry of Labor dated April 28, 2017 No. 15-2/OOG-1224).
For example, an employee who works at a computer more than 50% of the time received a medical certificate in May 2021. The contract with him expires in June of this year.
It will be possible to conclude a new contract only after a second medical examination. If the contract were open-ended, the next visit to the doctors would take place only in May 2021 (clause 3.2.2.
4 Appendix No. 2 to the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n, hereinafter referred to as Order No. 302n).
Let us draw the attention of employers that the amount of the fine for allowing an employee to work without undergoing a second medical examination is 130 thousand rubles. (Part 3 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation). Therefore, when you renew a contract with employees, follow the rule: new contract - repeat medical examination.
If you change company, a second medical examination will be required.
There are cases when a new employee, when concluding an employment contract, refuses to undergo a medical examination.
The employee indicates that at his previous job he worked in the same position, and he has a medical certificate. The employer is obliged to reject the candidate's proposal to add his medical report to his personal file.
It is necessary to send such an employee to undergo a second medical examination.
Medical reports from previous places of employment cannot be accepted.
If the employee demands an explanation why the company did not accept the previous medical report, explain this:
- The employer who intends to enter into an agreement with the employee sends him for a repeat medical examination (clause 7 of the Procedure for conducting medical examinations, approved by Order No. 302n). In this document, he must indicate the name of the company and division, as well as harmful and hazardous production factors in the workplace. They differ from company to company. This determines which employees will take part in the examination and what the doctors will examine.
- A repeated medical examination must be completed before each hire (Article 69 of the Labor Code of the Russian Federation). Including when employees, by agreement with the employer, move to another company. Since the employer has changed, the parties must enter into a new employment contract, which means they need to obtain a medical certificate again (decision of the Yurga City Court dated March 30, 2016 in case No. 12-97/2016).
Thus, a new employee must undergo a second medical examination, even if he has a medical report from his previous place of work.
A repeat medical examination may be necessary when changing positions.
The parties may reach an agreement to transfer the employee to another position within the company. But if a new position requires a repeat medical examination, the employer is obliged to organize this.
Passing a repeated medical examination is associated with changes in working conditions
A repeat medical examination will be required when transferring from a workplace with acceptable working conditions to hazardous work. Moreover, it does not matter whether this transfer is temporary or permanent.
The employer should do the same if there are harmful or dangerous factors in the workplace or the new position is included in the list from Appendix No. 2 to Order No. 302n. The fact that an employee has no contraindications for occupying one position does not mean that they do not have them for another.
At the same time, the employer cannot oblige all employees to undergo a repeat medical examination. If such a condition is included, for example, in the PVTR, the condition is declared illegal (decision of the Primorsky Regional Court dated October 6, 2015 in case No. 33-9050/2015).
- Repeated medical examination. Three reasons to refer an employee to a doctor
Source: https://www.tspor.ru/article/2317-povtornyy-medosmotr-sotrudnikov