Procedure and terms of compensation for medical examination upon hiring

A medical examination is honey. a service that involves performing certain actions to assess a citizen’s health status, detect diseases and the risk factors that cause them. There are several types of medical examinations, each of which has a specific purpose and its own procedure.

Thus, a preliminary medical examination is carried out directly upon hiring an applicant in order to determine his professional suitability for performing the assigned work, and to prevent the occurrence and spread of diseases.

The grounds for conducting a preliminary (primary) medical examination, including a psychiatric examination, are determined by Art. 213 Labor Code of the Russian Federation. This article stipulates the types of work for which the applicant must undergo a medical examination when he is hired. These include work:

• associated with harmful (dangerous) working conditions (including heavy, underground work);
• in food industry, catering and trade organizations;
• related to water supply facilities;
• in medical organizations;
• in children's institutions.

So, for example, drivers, minors, health workers, laundry workers, kindergarten workers, and schools must undergo a preliminary medical examination. Please note, according to Art. 213 of the Labor Code of the Russian Federation, local self-government bodies have the right to establish for individual employers additional grounds for conducting mandatory medical examinations.

Important! A preliminary medical examination is required in the presence of harmful (dangerous) production factors, as well as for certain types of work. Their current list was approved by Order of the Ministry of Health and Social Development of the Russian Federation No. 302n dated February 12, 2011 (as amended on February 6, 2018).

Based on the results of the inspection, the issue of allowing the examined person to work is decided. If the applicant has not passed the mandatory medical examination, the employer does not have the right to allow him to work.

The procedure for undergoing a preliminary medical examination established by law

The employer’s obligation to organize a preliminary medical examination for applicants is enshrined in Art. 212 Labor Code of the Russian Federation. The procedure for its implementation is regulated by the above-mentioned Order of the Ministry of Health and Social Development of the Russian Federation No. 302n. According to Part II of the applicable Procedure, the procedure is as simple as possible and does not require any expenses from the applicant.

List of honey contraindications, in the presence of which the examined person should not be allowed to work, are determined by Part IV of the Procedure, approved. Order No. 302n. These include, for example: ischemic heart disease, active forms of tuberculosis, chronic skin diseases, glaucoma, substance abuse, mental illnesses with persistent, worsening manifestations, and other diseases.

Reimbursement of medical examination costs upon hiring

Labor legislation in some cases requires a medical examination when applying for a job. its task is to determine how well the health status of a potential employee corresponds to the work assigned to him. In this way, the applicant’s professional suitability and the presence of contraindications to work in a specific position are determined.
For some professions this requirement is mandatory. If it is not observed, citizens will not be hired.

Medical examination is a paid procedure. It is carried out only by those medical organizations that have a license for this type of activity. Depending on the region of residence of the applicant, expenses associated with its passage vary and range from 800 to 3,000 rubles.

Based on the results of its completion, the potential employee is immediately issued an appropriate conclusion of the established form. In addition to the personal data of the applicant and the details of the employer, the conclusion indicates the result of the examination (whether contraindications were found or not).

Important! In cases where a medical examination during employment is mandatory (according to the Labor Code of the Russian Federation or local acts of the organization), the employer is obliged to reimburse the employee for all expenses associated with its completion .

When is it necessary to undergo a pre-employment medical examination?

Art. 213 of the Labor Code of the Russian Federation decides to undergo a preliminary medical examination for those citizens who will work in dangerous (harmful) conditions. This standard also applies to the following categories of workers:

• persons engaged in work related to the movement of vehicles;
• catering and food industry workers (for the purpose of obtaining a medical book);
• doctors;
• workers working in the field of personal services;
• teachers of preschool, school institutions, etc.

All types of medical examinations provided for in this article, including psychiatric examinations (where they are necessary), are paid for by the employer from his own funds. The possibility of introducing additional conditions and indications for undergoing mandatory medical examinations for specific employers by constituent entities of the Russian Federation is also discussed.

Example 1. Preliminary medical examination for taxi drivers (ambulance and other emergency services)

Citizens who are going to get a job that involves driving ground vehicles are required to first undergo a medical examination.

The examination of the future driver includes visits to several doctors: an ophthalmologist, a neurologist, a surgeon, an endocrinologist, and a dermatovenerologist. The subject's height, weight, blood type, Rh factor are determined, visual acuity, color perception are determined, the vestibular analyzer is examined, etc.

If at least one contraindication is identified, the examinee will not be allowed to work. So, for example, a driver of a passenger vehicle (category D1) with severe stuttering (or other speech defects) is allowed to work individually.

Payment of compensation for a medical examination: amount, terms, methods

Compensation for expenses incurred during the preliminary medical examination is paid in full. Moreover, the employer reimburses justified expenses for the medical examination if the employee:

1. I passed it in the direction of the employer.
2. Passed the mandatory medical examination independently, spending his own money on it.

If the employee underwent a medical examination himself, then he needs to contact the employer regarding compensation by writing a corresponding statement in his name. In addition, the applicant will have to provide documentary evidence of his expenses (payment document). Payment can be made by any of the available methods.

There are no specific deadlines for compensation payments. However, it is assumed that the entire amount should be included and paid in the next salary or advance . As is customary, compensation is not paid immediately upon employment.

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Payment by the employer for a preliminary medical examination upon employment of an applicant

According to Part 7 of Art. 213 of the Labor Code of the Russian Federation, mandatory preliminary medical examinations (and psychiatric examinations) are carried out at the expense of the employer. This means that the applicant has no expenses related to honey. examination does not carry.

In order for the employer to pay for a reasonable medical examination, the applicant does not need to do anything. Payment issues are dealt with by the accounting department according to the relevant order of the employer. The applicant is given a direction with which he must approach the medical center. organization and undergo examination. That's it, nothing more is required from him.

Typically, the employer must pay for the preliminary (primary) medical examination in any case. However, he does not have the right to demand a refund from the applicant. Also, the employer should not offer the applicant to undergo a medical examination at the expense of future earnings or at his own expense, even with a promise to compensate for these expenses later.

According to the Labor Code of the Russian Federation, payment for a reasonable medical examination is always the responsibility of the employer. Justified means obligatory. Usually in such cases, the employer enters into a contract for the provision of services with a specific medical facility. organization. On its basis, the required types of examinations are carried out, and the employer pays all expenses, without demanding anything from the applicant.

Is it possible to get a refund for a medical examination when applying for a job?

The legislator provides for mandatory medical examinations for certain categories of workers.

The requirements relate to harmful activities associated with a risk to the lives of employees, or the danger of the spread of infectious diseases among children or a large number of people.

Legislation

Rules for regular examination by doctors are contained in various sources:

1. The Labor Code describes the circumstances in which people are required to demonstrate their ability to perform their duties. Employers, workers and authorities are interested in reducing the number of accidents at work and, to the extent possible, preventing them. It also lists the categories of workers who are required to undergo regular examinations and describes the procedure for conducting them.
2. The Law “On the Sanitary and Epidemiological Welfare of the Population” No. 52-FZ of March 30, 1999 imposes on the employer the obligation to organize checks (preliminary, planned) of the health of people whose work takes place in dangerous conditions associated with a risk to life.
3. Orders of the Ministry of Health:

Is the employer obligated to compensate

The legislator in Articles 212, 213 of the Labor Code clearly states that entrepreneurs are obliged to:

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• provide people with time to complete mandatory commissions;
• pay for the examinations at your own expense.

Important: employers are required to allow employees to go for a medical examination during working hours.

The rules apply to honey. examinations that people undergo as required by law. If an employer wants to check a candidate’s physical suitability for working conditions that are not included in the list of dangerous, harmful, special conditions, he is obliged to pay for the services of doctors.

The employer pays for all types of mandatory inspections:

• preliminary – before entering the enterprise;
• regular - during service, at certain intervals;
• additional – carried out as needed.

Who pays for the medical examination when applying for a job?

The procedure for paying for a medical examination is not described by the legislator. The entrepreneur is obligated to pay for the examination of a candidate for a position or an existing employee. There are two options:

1. An organization that requires an employee enters into an agreement with a medical center to conduct medical examinations, where candidates will be sent. This includes regular health checks.
2. The applicant pays for a medical examination in a public or private company, receives confirmation receipts, on the basis of which the employer returns the money spent.

Important: the employer pays for all mandatory medical examinations.

Doctors' services are paid for by the enterprise employing employees; there are no exceptions to this rule. If, as a result of the preliminary examination, it turns out that the applicant is unsuitable for the job for which he applied, the employer will still bear the costs.

What categories of employees qualify?

A complete list of work requiring monitoring of the mental and physical condition of personnel is contained in Order of the Ministry of Health No. 302-n dated April 12, 2011. The legislator lists the following categories:

• those employed in harmful and dangerous industries - a person comes into contact with caustic, chemical, toxic substances, the work involves actions at heights, at high or low temperatures;
• working underground, transport managers - such people are subject to inspections from one to several times per shift;
• those involved in the upbringing and training of children related to food preparation - the requirements are established to prevent epidemics;
• minor workers undergo commissions annually.

A specialist performing professional duties on a computer is considered to be working in hazardous conditions.

Primary medical examination upon employment

When hiring, an entrepreneur cannot require medical certificates, expert opinions or other evidence of good health from candidates. Exceptions are cases described by law.

The future employee receives a referral from the company for a medical examination. It may indicate institutions collaborating with the company. The results of the examinations are documented in a certificate or medical record. The latter is issued only to those wishing to work whose health meets the requirements. If a person is not allowed to perform duties, he receives written notice of this.

Personal medical records are protected from counterfeiting, are issued as necessary and are ordered by employers as needed. They include information about the owner - full name, health courses attended and doctors' records. The document confirms the normal state of the employee, and its falsification is punishable by the state.

After the doctors’ conclusion, the organization accepts the applicant for work.

If it is not provided by law

If the performance of professional duties involves unique equipment or observation of objects, the employer may refer the applicant to a medical examination, which he will pay for himself.

For example, if a person will need to handle small objects, good vision is necessary. In this case, internal orders and instructions of the company must apply. Otherwise, the requirement to undergo a medical examination will be illegal.

The state does not prohibit entrepreneurs from checking the health status of workers in order to avoid occupational diseases and accidents. Such measures must be documented by a doctor’s opinion.

Requirements to bring certificates from any specialists are illegal. They can be appealed to supervisory authorities or court.

Situation regarding preliminary or planned medical commission

If it is necessary to undergo examinations for work, entrepreneurs are obliged to give employees time for this.

Requirements to take them on weekends or while on vacation are illegal. While a person is with a specialist, he retains his average earnings.

Pre-employment examinations are carried out in public and private medical organizations. If the employer has not named the institutions he trusts, the applicant can choose them independently. In any case, you should obtain confirmation of payment for doctors' services. You will need them to get your money back.

Some activities require frequent screening. They are organized by employers. These can be medical centers or departments within the enterprise. Drivers of public transport, miners, other people working underground.

If an employee is intoxicated at the workplace, the manager may send him for additional examination to confirm or refute this fact. Such behavior by an employee can provoke accidents or other dangerous situations, and therefore often entails dismissal.

How to get compensation for undergoing an inspection

If a person has paid for a medical examination, he has the right to expect reimbursement from the company.

What documents will be needed to receive money?

No special information or confirmation is required. Documents from the medical institution will be required:

• certificate or conclusion about passing an examination by specialists;
• checks or receipts for payment for such services, an agreement for their provision;
• application for the return of spent funds addressed to the manager.

Where should the documents be sent?

Payment documents are accepted by the organization's accounting department. In order for the specialist to process the payment, he needs to bring the listed documents. There are no special procedures provided.

When is the employer required to make payments?

The law does not indicate how quickly the entrepreneur must return the money to the employee. Most often, this is done 10 days from the date the accountant receives the documents. The term depends on the nearest time of payment. The funds are transferred as an advance or first salary after passing the medical examination.

What to do if the organization refuses to pay

If a person is faced with an unscrupulous employer, the question arises about protecting the rights of the worker.

Where to contact

The legislator provides for appeals to supervisory authorities and the court. Compliance with laws related to labor issues is monitored by state labor inspectorates. They are in every region and city.

You can go to court immediately upon discovering a violation, or after special authorities refuse to consider the complaint.

What and how to write

The inspection and the court work only with written claims. In the first case, a complaint is drawn up, in the second - a statement of claim. Anonymous requests will not be considered.

When describing the essence of the employer’s violations, it is necessary to indicate:

• the name of the body to which the person applies;
• last name, first name, patronymic, address, telephone - this information will be needed to send the results of the check or clarify details;
• describe the situation in detail, including the date and time of application for reimbursement of expenses, the manager’s response;
• express a request: bring the employer to justice, return the money spent.

Important: the labor inspectorate can work with violators without disclosing the applicant’s data.

If the issue cannot be resolved, you should go to court, then you will need a statement of claim to recover money. A sample can be found at the courthouse. The principle of such treatment is the same; it is necessary to correctly describe the problem, indicating:

1. Name of the court.
2. Personal data of the applicant - full name, residential address and contacts that are needed to clarify the circumstances or call the person.
3. List of violations. It should be detailed, but you should not express your attitude to the situation, insult the manager, and so on.
4. The essence of the request: to return the money spent on passing the commission.

In both cases, applications are supplemented with copies of documents confirming the examination. Only those whose rights have been violated can file a complaint.

The labor inspectorate, at the request of the person, may not refer to him when considering the application. The employer will not be provided with information about the complaining employee. When resolving the issue in court, this option is impossible.

How to send for a medical examination:

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Reimbursement of expenses to the applicant for undergoing a preliminary medical examination

This scenario is also not excluded. If the employer has medical the organization did not enter into an agreement, and for other justified reasons, the applicant may complete it at his own expense. Although this option is not clearly stated in the law, as is the procedure for reimbursement of funds for examinations. Compensation for a medical examination upon entry to work is paid upon receipt. Conventionally, the whole process can be displayed like this:

1. The applicant undergoes an examination and receives the necessary documents. Among them, in addition to honey. conclusions, there must be documents confirming payment for the relevant medical services. services.
2. Then he presents to the employer all the documents issued to him after passing the medical examination.
3. Next, he writes an application for compensation, attaches documents confirming payment and leaves everything in the accounting department.

Based on this, he is reimbursed for expenses for undergoing a medical examination. It should be noted once again that the employer reimburses expenses only for the mandatory preliminary medical examination provided for the profession in which the applicant intends to work.

Such compensation is not subject to personal income tax. The basis is clause 3 of Art. 217 of the Tax Code of the Russian Federation, which clearly states that tax is not withheld from all types of compensation payments related to the performance of labor duties.

There is also no need to withhold insurance premiums from her. Although the compensation payment is made in favor of the employee, it is again related to the performance of labor duties by the individual. On this basis, all compensations within the limits established by law are not subject to generally obligatory insurance contributions. Moreover, contributions “for injuries” are no exception and they are also not deducted from compensation amounts.

How is reimbursement for a pre-employment medical examination carried out?

A preliminary medical examination is mandatory only in cases provided for in Art. 214 Labor Code of the Russian Federation. It is carried out at the expense of the employer in order to determine the professional suitability of the applicant. This also applies to taking part-time jobs.

In cases where a medical examination is optional, but the organization insists on it, it must also pay for it. But the amount of these expenses can no longer be deducted from the tax base.

Also, according to clause 2, part 1, art. 9 Federal Law No. 212 of July 24, 2009, the amount of compensation is not subject to insurance payments. If the examination was carried out by the applicant on his initiative and in cases where the law does not require this, he does not have the right to count on reimbursement of expenses.

Payment Methods

The company reimburses the cost of medical examination in the following ways:

1. Enters into an agreement with a medical institution to provide diagnostic services for employees referred by the organization. The company's obligation to pay for these services is reflected in the clauses of the contract. This method is the most attractive from the point of view of the applicant, especially those experiencing financial difficulties.
2. Directs the applicant to undergo examination at his own expense with subsequent reimbursement of costs. In this case, an act is drawn up in which the details of the applicant as the payer are entered, and the person obligated to reimburse the expenses incurred is indicated.
3. If the applicant has undergone a medical examination before applying to the employer, he should submit an application with a receipt for payment to the head of the company. After making a positive decision, the accounting department includes the amount of compensation in the salary. The most problematic option for the applicant, since in case of refusal he will have to go to court.

Conclusion

At the end of the examination, the applicant receives a medical report (for food industry workers - a medical book), which must be presented to the head of the HR department along with a certificate in form No. 086. The results of the medical examination are duplicated in the medical record of the examined person.

If these give the commission grounds to recognize the applicant as unsuitable for the sought position, the company will still be obliged to compensate for expenses (Review of judicial practice of the Supreme Court of the Republic of Tatarstan for the first quarter of 2010). Accordingly, neither the enrollment of an employee on a probationary period nor the duration of his work after passing a medical examination also affects the company’s obligation to pay compensation.

Documentation

It is important to know

Periodic medical examinations must be carried out during working hours and paid in the amount of the employee’s average earnings (paragraph 11, part 2, article 212 of the Labor Code of the Russian Federation). However, this rule applies only in cases where the work performed by employees is included in the List of Work, the performance of which requires a mandatory medical examination.

To receive reimbursement for a medical examination upon hiring, the applicant must contact the accounting department with the following documents:

1. An application addressed to the director, drawn up according to the established template. It must contain the request for compensation, the date of filing and the signature of the applicant.
2. Referral for a medical examination (if available).
3. Original receipts for payment of medical services.
4. The conclusion of the medical commission.
5. Work book.

Deadlines

The legislation does not stipulate the time frame for issuing compensation. It is understood that its amount will be included in the next (after the employee submits documentary evidence of expenses) salary.

A similar conclusion was made by the Investigative Committee of the Kemerovo Regional Court in decision No. 33-9769 of October 4, 2012, as well as by the Miass City Court in decision No. 12-47/2016 of March 30, 2021.

The period for filing a claim in court is 3 months. from the date when the employee became (should have become) aware of the violated rights (Article 392 of the Labor Code of the Russian Federation). However, the statute of limitations for filing a claim with the labor inspectorate is not established by law. This allows the employee to file a complaint regardless of the time that has passed since the employer refused to reimburse the costs of the medical examination.

If a medical examination is not provided for by law for a given position, but the employer insists on it for some reason, then in this case he also pays. If the employee undergoes the examination on his own initiative, then he will have to pay from his own funds.

In case of refusal to pay compensation for a medical examination, the employee may file a lawsuit or a complaint to the labor inspectorate.

If there are documents confirming payment for medical services, the court makes a decision in favor of the plaintiff.

The complaint is considered by a labor inspector, who sends an order to the head of the organization to fulfill obligations (paragraph 6, part 1, article 357 of the Labor Code of the Russian Federation). The company is obliged to reimburse the employee's expenses.

Failure to respond on the part of the employer entails administrative penalties imposed on the director or officers (decision of the Supreme Court of the Republic of Tatarstan dated April 16, 2014, case No. 77-532/2014). Even if the employee does not go to court, violations may be revealed by an inspection conducted by a labor inspector.

An example from judicial practice

The plaintiff has been performing the duties of an electric and gas welder since October 2010. This position can be classified as dangerous and harmful to health. Consequently, undergoing a medical examination was a necessary measure prescribed by law.

This examination was completed by the plaintiff in December 2010 and paid for by him. The employee presented all the necessary documents to the organization, including receipts for payment for medical services. However, he was denied reimbursement of expenses.

The court decided to oblige the company to pay compensation to the employee for a medical examination upon hiring (Determination of the Smolensk Regional Court No. 33-3776 of November 22, 2011).

Particular attention should be paid to areas of activity where workers are subject to daily medical examinations.

This, for example, includes passenger and cargo transportation, where vehicle drivers must be examined according to a certain scheme before setting out on a route.

In such cases, the employer also provides for the payment of a medical examination, and it is extremely important for workers in this field to know that under no circumstances can funds be withdrawn from them, for example, from their salaries or bonuses for such checks.

What documents confirm payment for the medical examination?

So, in order to receive compensation, the applicant must present to the employer and accounting department documents that prove the fact of payment and the types of medical care provided. services. The employer pays for medical care. performs services based on supporting documents. The legislation does not establish a list of such documents.

Meanwhile, the law puts forward a very clear requirement for confirmation of such expenses. It states that all expenses for medical examinations must be confirmed by documents, the execution of which complies with the requirements and norms of the legislation of the Russian Federation. If we are talking about primary documentation confirming business transactions, they must be drawn up in accordance with approved standard forms. If the form of a document is developed independently, then it must contain mandatory details, etc.

In a situation where the employer has entered into an agreement with the medical organization, the supporting document can be, for example, a payment order or an act of providing specific services. The act does not have a unified form, therefore, when drawing it up, you should include the details required by law.

If the applicant applied to honey. organization personally, and paid for the services himself, then, accordingly, completely different documents are presented certifying the fact of payment. This could be, for example, a cash receipt or other documents from which it follows that such and such honey. the service is provided.

Common mistakes when organizing medical examinations for certain categories of workers

Error. 1. Many employers, as well as employees, are wondering whether office employees who work on computers, as well as applicants who apply for such work, need to undergo medical examinations. After all, many of them spend a lot of time at the computer. If we translate it into working hours, it turns out that the computer “takes away” at least 50% of work hours. time, which can be attributed to a potentially harmful factor.

Explanations on this issue were provided by Rostrud in letter No. TZ/942-03-3 dated February 28, 2017.

As Rostrud notes, the need to undergo a medical examination for such workers is determined based on the results of a special assessment. If it shows that working conditions are harmful, then, accordingly, there is a need to organize medical examinations.

As Rostrud points out, the employer does not have an obligation to organize preliminary (periodic) medical examinations if the results of a special assessment showed that working conditions during the certification of workplaces were recognized as optimal or acceptable.

Head of the State Labor Supervision Department E. Ivanov.

Answers to frequently asked questions

Question No. 1: Can an employer, at his discretion, employ an applicant and allow him to work without a medical examination?

No, he can not. If we are talking about a mandatory medical examination, which is provided for in Art. 213 of the Labor Code of the Russian Federation (other legal acts), the employer is obliged to send a potential employee for a medical examination. Only then, having the examination results in hand, honey. In conclusion, he must decide whether this applicant can be hired or not, whether he can be assigned a certain job or not.

This legal norm is enshrined in law and no one has the right to violate it. If the employer ignores it or violates it, he faces a fine under Part 3 of Art. 5.27.1 Code of Administrative Offenses of the Russian Federation. The amount of the fine is: RUR 15,000. rub. – RUR 25,000 rub. (for officials, individual entrepreneurs), RUR 110,000. rub. – RUR 130,000 rub. (for a legal entity).

Question No. 2: How and with what entries does the accounting department show payment for a medical examination (including compensation)?

The accounting department displays the employer's expenses as expenses for ordinary activities. As is customary, the count is used. 73 (settlements with employees for other transactions). The postings will be as follows: DT 20 (25.26) CT 73 – expenses for medical examination, DT 73 CT 50 (51) – compensation for expenses to employees. It is based on the provisions of paragraphs. 5, 7 PBU 10/99 “Expenses of the organization”, approved. By Order of the Ministry of Finance of the Russian Federation No. 33n dated 05/06/1999 (actual edition as amended on 04/06/2015).