Is it necessary to undergo a medical examination when transferring to another position?

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/

Rationale

According to para. 12 hours 2 tbsp. 212 of the Labor Code of the Russian Federation, the employer is obliged to ensure, in cases provided for by labor legislation and other regulatory legal acts containing labor law norms, to organize, at his own expense, mandatory preliminary (upon entry to work) and periodic (during employment) medical examinations and other mandatory medical examinations, mandatory psychiatric examinations of workers, extraordinary medical examinations, mandatory psychiatric examinations of workers at their requests in accordance with medical recommendations with retention of their place of work (position) and average earnings for the duration of these medical examinations, mandatory psychiatric examinations.

1. Harmful and (or) dangerous production factors and work, during which mandatory preliminary and periodic medical examinations are carried out, the procedure for conducting such examinations is determined by the federal executive body authorized by the Government of the Russian Federation (Part 4 of Article 213 of the Labor Code of the Russian Federation).

Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 N 302n approved lists of harmful and (or) hazardous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations (examinations) are carried out.

According to clause 17 “Work of medical personnel of medical institutions, as well as maternity hospitals (departments), children’s hospitals (departments), children’s clinics, departments of pathology of newborns, premature babies” of Appendix No. 2 to the Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 N 302n “ On approval of lists of harmful and (or) dangerous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations (examinations) are carried out, and the Procedure for conducting mandatory preliminary and periodic medical examinations (examinations) of workers engaged in heavy work and work with harmful and (or) dangerous working conditions”, employees undergo periodic medical examinations once a year.

The list of doctors is established by paragraph 17 of Appendix 2 to Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 N 302n: Dermatovenerologist, Otorhinolaryngologist, Dentist, *Infectious disease specialist. The participation of specialists, the scope of the study marked with an asterisk (*), is carried out on the recommendation of medical specialists participating in preliminary and periodic medical examinations.

The participation of a general practitioner, psychiatrist and narcologist during preliminary and periodic medical examinations is mandatory for all categories of subjects. See – additional materials.

2. In accordance with Part 1 of Art. 213 of the Labor Code of the Russian Federation, 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 prevent occupational diseases. In accordance with medical recommendations, these employees undergo extraordinary medical examinations.

Employees of food industry organizations, public catering and trade, water supply facilities, medical organizations and child care institutions, as well as some other employers undergo the specified medical examinations in order to protect public health and prevent the occurrence and spread of diseases (Part 2 of Article 213 of the Labor Code of the Russian Federation). See – additional materials

3. In cases provided for by labor legislation and other regulatory legal acts that contain labor law norms, the employer is obliged, at his own expense, to organize mandatory psychiatric examinations of employees (including at their requests in accordance with medical recommendations). During the period of passing these examinations, employees retain their place of work (position) and average earnings. These conclusions follow from paragraph. 12 hours 2 tbsp. 212, part 8 art. 213 Labor Code of the Russian Federation.

Employees who carry out certain types of activities, in particular those associated with sources of increased danger (with the influence of harmful substances and unfavorable production factors), and also work in conditions of increased danger, undergo a mandatory psychiatric examination. This follows from Part 7 of Art. 213 Labor Code of the Russian Federation.

Employees whose work is associated with the influence of harmful substances and unfavorable production factors, defined in the List of medical psychiatric contraindications for carrying out certain types of professional activities and activities associated with a source of increased danger (approved by the Decree of the Government of the Russian Federation dated 28.04) are required to undergo a psychiatric examination once every 5 years. .1993 N 377; hereinafter referred to as the List of medical psychiatric contraindications).

The presence of such factors in the workplace must be confirmed by a special assessment of working conditions. If no harmful factors are identified, the employee is not required to undergo an examination by a psychiatrist and bring a certificate.

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.

RUFull or partial copying of materials is prohibited; in case of agreed copying, a link to the resource is required. Your personal data is processed on the site for the purpose of its functioning within the framework of the Policy regarding the processing of personal data. If you do not agree, please leave the site.

Question for a lawyer Contact the editor here and now Personal question from a private person (labor disputes, social.

questions, etc.) Professional question from a lawyer / accountant / individual entrepreneur about legal activities.

Source: https://yuruos.icu/meditsinskij-osmotr-pri-perevode-na-druguyu-dolzhnost/

Organization of medical examinations and examinations at the workplace

The Labor Code of the Russian Federation obliges heads of organizations to carry out preliminary and periodically repeated medical examinations, as well as examinations, at the expense of their internal reserves. Such measures should be carried out both upon hiring and during the subsequent work of the employee.

A medical examination can be carried out voluntarily, at the request of the employees themselves, as well as in accordance with the law, when the need for medical examinations is the responsibility of the employees.

Thus, the workers mentioned in Article 213 of the Labor Code who are engaged in hard work in dangerous or harmful conditions, including underground, and in addition to them, persons working in the field of transport operation, and some others, are required to undergo medical control as upon admission to work, and in the process of further activities.

Repeated examinations are carried out to determine the professional suitability of employees for the work they perform, as well as to prevent occupational diseases. Medical requirements contain the procedure for performing routine examinations, while providing guarantees for employees. sent for a medical examination.

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/

Pros and cons of dismissal by transfer for each participant in the procedure

As mentioned earlier, dismissal of an employee by way of transfer to a new organization has a number of advantages and disadvantages for each of the parties involved in the procedure. Next, we will consider the main consequences of this method of completing cooperation.

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.

Maintaining the average salary and other guarantees during transfer

The Labor Code of the Russian Federation provides guarantees when transferring an employee to another lower-paid job. For an employee who has lost the opportunity to work in his previous position for medical reasons, the employer is obliged to provide another available workplace with working conditions suitable for the employee.

When transferring a pregnant employee, the employer is obliged to eliminate any adverse work-related impact on the woman’s health and, upon request, provide her with easier working conditions.

The salary is retained by the employee in a number of cases clearly specified in the Labor Code of the Russian Federation. In connection with a transfer to another position, earnings are retained:

• when an employee is temporarily transferred to a job with less pay, if the transfer is related to production needs;
• when transferring a pregnant employee to another place of work, if the previous work was associated with the influence of unfavorable factors at work;
• when transferring an employee to another, less paid job in the same organization, due to his state of health;
• due to an accident at work;

due to an occupational disease;

• for other reasons, if they are related to the employee’s work activities.

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).

Reasons for transferring to another job

As a general rule, transfer to a lower-paid job occurs by mutual agreement of the employer and employee for various reasons, for example, due to a reduction in the number of employees, or for medical reasons of the employee. Such consent of the parties is made in writing.

The law establishes a list of exceptional grounds for transfer to a lower position without the employee’s consent:

• transfer of an employee to a new workplace, if it is located in the same unit, in the same area as the previous place, and does not entail changes in the employee’s labor functions and payment for his work.
• It is possible to transfer an employee to another place of work, even if the working conditions and responsibilities at the new place differ from those established by the contract, in case of downtime in the work of the organization, the need to eliminate the causes of damage or destruction of the organization’s property, if necessary, replace another employee if these factors arose in connection with emergency circumstances. The transfer is possible for a period of up to one calendar month.
• It is permissible to transfer an employee without his consent to another position with the same employer if circumstances arise that threaten the life and health of the employee or other people. The law includes disasters of various natures, industrial accidents, and epidemics as such reasons. The transfer is possible for a period of up to one calendar month.

Transferring an employee to another lower-paid job for other reasons, and without the employee’s consent, is a direct violation of the employee’s rights and entails holding the employer liable.

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:

1. 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.
2. 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