2015 Simplified rules of the preliminary medical tests commercing as of 1 April

Not all newly recruited employees will need to be referred for a preliminary medical tests.

If the employee is hired within 30 days from the date of termination of previous employment (termination or expiry of the employment), and if working conditions are similar at both positions, it is sufficient to show a valid medical diagnosis confirming no counter-indications for work in the conditions described in referral for a medical tests issued by the previous employer. Such a change will come into force from 1 April 2015.

Article 229 of the Labour Code was amended by the Act of 7 November 2014. on facilitate the run the  economic activity (The Journal of Laws 2014 pos. 1662).

So far, the employee does not have to go to repeated tests only if he has been re-employed within 30 days of termination of employment by the same employer. After the amendment of article 229 of the Labour Code the new employer will be able to rely on the medical diagnosis issued for the duration of the work in another company. This facilitation may not be use to persons admitted to performing work that is extremely dangerous. To work extremely dangerous includes work presenting high risk of accidents at work and occupational diseases, such as working at heights, work in conditions of exposure to chemical substances (including the carcinogenic or mutagenic), work in conditions of exposure to harmful biological agents , construction works, demolition works, repair works and assembly works, which are conducted without stoppages workplace or part of the workplace, works in the reservoirs, canals, setting technical equipment and other dangerous enclosed spaces.

The new rules will apply only to the medical certificates issued from the date of entry into force of the Act. Therefore there is no possibility not to send to medical test the employee who will show in new workplace the medical diagnosis issued before 1 April 2015. To the referrals to preliminary medical tests and medical examination started before that date will apply the existing rules.

Kancelaria Prawna 90-060 Łódź, ul. Nawrot 4/1, tel./fax +48 /42/ 630 58 41, tel. +48 /42/ 632 51 44,
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