Who should pay for a medical examination at work and how?

Does an employer have the right to require a medical examination on a day that is a day off for an employee? Is it legal for the employer to require the employee to undergo a periodic medical examination at his own expense with subsequent compensation for expenses? What conclusion did the RF Armed Forces come to regarding medical examinations for trade workers? What conclusion did the RF Armed Forces make regarding the passing of medical examinations by trade workers who are engaged in analytical and administrative activities? What liability does an employer face for allowing an employee to perform work duties without undergoing a mandatory medical examination, a mandatory psychiatric examination, or if he has medical contraindications?

Workers engaged in work with harmful and dangerous working conditions, as well as in work related to traffic, undergo mandatory preliminary (upon entry to work) and periodic medical examinations to determine the suitability of these workers to perform the work assigned to them and to prevent occupational diseases ( Part 1 of Article 213 of the Labor Code of the Russian Federation ). In accordance with medical recommendations, these employees undergo extraordinary medical examinations.

The procedure for conducting mandatory periodic medical examinations (examinations) was approved by Order of the Ministry of Health and Social Development of the Russian Federation dated April 12, 2011 No. 302n “On approval of 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, and the procedure carrying out mandatory preliminary and periodic medical examinations (examinations)" (hereinafter referred to as the Procedure , List of Factors , List of Works ).

According to Part 8 of Art. 213 of the Labor Code of the Russian Federation, the medical examinations and psychiatric examinations provided for by this article are carried out at the expense of the employer.

Let us recall that the Rules of financial support for preventive measures to reduce industrial injuries [1] stipulate that, at the expense of the amounts of insurance premiums, the insurer has the right to cover, in particular, the costs of conducting mandatory periodic medical examinations (examinations) of workers engaged in work with hazardous and (or) hazardous production factors ( clause “e” clause 3 ).

To justify the financial support for mandatory periodic medical examinations (examinations) of employees, the insurer submits a list of employees by name who are subject to mandatory periodic medical examinations (examinations), approved by the insured in accordance with the Procedure .

Name lists are developed in accordance with clause 19 of the Procedure based on the contingents of workers subject to periodic and (or) preliminary medical examinations, indicating harmful (hazardous) production factors, as well as the type of work in accordance with the List of Factors and the List of Works .

Workers exposed to harmful production factors specified in the List of Factors, as well as harmful production factors, the presence of which was established based on the results of certification of workplaces for working conditions, carried out in the prescribed manner, are subject to inclusion in the contingent and name lists.

The FSS in Letter No. 02-09-14/16-05-8715 clarified: the decision on financial support for mandatory periodic medical examinations (examinations) of employees is made by the executive body of the FSS on the basis of the submitted documents in accordance with the Rules for the financial support of preventive measures to reduce industrial injuries and on the basis of the Procedure .

The employer is obliged to suspend from work (not allow to work) an employee who has not undergone a mandatory medical examination in the prescribed manner, as well as a mandatory psychiatric examination in cases provided for by the Labor Code of the Russian Federation and other federal laws ( Part 1 of Article 76 of the Labor Code of the Russian Federation ).

The employer suspends the employee from work (does not allow him to work) for the entire time until the circumstances that became the basis for removal from work (not allowing him to work) are eliminated, unless otherwise established by the Labor Code of the Russian Federation or other federal laws ( Part 2 of Article 76 of the Labor Code of the Russian Federation ) .

According to Part 3 of Art. 76 of the Labor Code of the Russian Federation during the period of suspension from work (preclusion from work), the employee’s wages are not accrued. In the event of suspension from work of an employee who has not undergone training and testing of knowledge and skills in the field of labor protection or a mandatory medical examination through no fault of his own, he is paid for the entire period of suspension from work as idle time.

Who pays for the pre-employment medical examination?

Art. 69 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) establishes the obligation to undergo medical examinations during employment for:

• minors;
• persons for whom such an obligation is established by the Labor Code of the Russian Federation (for example, for persons applying for work in the regions of the Far North from other regions - Article 324 of the Labor Code of the Russian Federation);
• persons for whom the obligation to undergo medical examinations is established by law (for example, when applying for employment on a ship - clause 4 of article 57 of the Merchant Shipping Code of the Russian Federation).

The answer to the question of who pays for the medical examination when applying for a job is given in Art. 212 of the Labor Code of the Russian Federation on the responsibilities of the employer in the field of labor protection.

According to Art. Art. 212, 213 of the Labor Code of the Russian Federation, in cases provided for by law, the administration of the enterprise must organize a medical examination during employment at its own expense.

This rule is also enshrined in Art. 213 of the Labor Code of the Russian Federation on inspections of certain categories of workers.

In practice, the question often arises whether a citizen can undergo a medical examination at his own expense upon employment with subsequent compensation for expenses by the company.

Who pays for the health book according to the law - the employer or the employee?

The provisions of any law are aimed at maximally protecting certain rights of citizens. Therefore, the most accurate answer to the question of who pays for the medical book (either the employer when hiring a new employee or the applicant when applying for a job) would be to turn to the regulatory legal acts of the Russian Federation. Thus, the most important legislative act establishing the rights and obligations of the employee and the employer, regulating issues of labor protection, employment and many other aspects of labor relations is the Labor Code of the Russian Federation. Turning to Art. 212 and Article 213 of the Labor Code of the Russian Federation, we learn that the employer is obliged to organize mandatory preliminary (upon entry to work) and periodic (during employment) medical examinations at his own expense. Thus, the employer pays the price for undergoing a medical examination for a personal medical record (medical record). If, upon employment, an employee is told to go through everything at his own expense, then he must receive a referral, and also keep the contract with the medical institution and receipts confirming payment for the medical examination, in order to subsequently provide them to the employer for reimbursement of costs.

Is an employer required to pay for an annual medical examination for employees?

Answering the question of whether the employer is obliged to pay for an annual medical examination for employees, we note that Art. 212 and 213 of the Labor Code of the Russian Federation establish the same rule for periodic inspections as for inspections during employment.

Conclusion. When asked whether an employer should pay for a medical examination, the legislator replies that it is the employer’s responsibility to organize periodic medical examinations at his own expense.

Note! The procedure for undergoing medical examinations for workers engaged in heavy work is determined by the order of the Ministry of Health and Social Development of the Russian Federation “On approval...” dated April 12, 2011 No. 302n.

In the previous section of the article, when answering the question of who pays for the medical examination when applying for a job, the position of the Ministry of Finance of the Russian Federation was given that Art. 213 of the Labor Code of the Russian Federation does not provide for the opportunity for a citizen to undergo a medical examination himself and subsequently receive compensation.

However, similar situations occur in judicial practice, when the court determines whether the employer is obliged to pay for a medical examination that the employee underwent independently.

Note! When resolving disputes about who pays for a pre-employment medical examination, it is necessary to determine whether the medical institution had the necessary license. Its absence does not make it possible to recover from the company in favor of the person who underwent the medical examination the costs of conducting it (appeal ruling of the Khanty-Mansi Autonomous Okrug-Yugra Court dated July 31, 2018 in case No. 33a-5140/2018).

On periodic examinations, also read the article at the link: Periodic medical examination of enterprise employees.

The employer requires a medical examination at his own expense.

The practice of employers simply sending newly hired employees for preliminary medical examinations at their own expense is very common in Russia. The employee goes for a medical examination and first pays for it out of his own pocket. Then the employer reimburses him for the costs.

The same thing happened in the case of citizen L. But due to his difficult financial situation, the employee was unable to pay for the medical examination. Therefore, citizen L. appealed to the court with a demand that the employer’s inaction, expressed in the failure to ensure that the plaintiff undergoes a mandatory preliminary medical examination when applying for a job as a cleaner of an area with harmful and dangerous factors, was declared illegal. The employee also demanded compensation for moral damage of 1 million rubles from the defendant.

The Yekaterinburg District Court partially satisfied the claims, obliging the employer to pay for a medical examination of the employee within 5 days after the court decision entered into force, as well as to compensate for moral damages in the amount of 1 thousand rubles.

The law does not establish the form of payment for preliminary medical examinations?

The employer did not agree with the district court's decision and filed an appeal. In the complaint, the employer indicated that there was no violation of rights, since the law does not establish the form and procedure for paying for preliminary medical examinations.

The appellate court noted that initially the employer had no objections to the obligation to organize preliminary and periodic medical examinations. Such an objection appeared only in the appeal. But such an argument is not consistent with the behavior of the employer, since the employer issued referrals for a medical examination. Accordingly, the fact of issuing a referral (according to Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 N 302n) indicates the employer’s obligation to organize a medical examination.

The employer’s obligation to organize medical examinations is indicated by Articles 212 and 213 of the Labor Code of the Russian Federation.

Who pays for extraordinary medical examinations?

Art. 212 of the Labor Code of the Russian Federation indicates that payment for medical examinations by the employer is made not only in relation to preliminary and periodic examinations, but also to other types of medical examinations required by law.

Thus, the employer is obliged to pay for extraordinary examinations and mandatory psychiatric examinations.

Other issues related to medical examinations of citizens and medical contraindications for performing work are discussed here: Dismissal for medical reasons - a step-by-step procedure.

Is my earnings maintained when undergoing a medical examination on a working day?

The employer pays for the day of the medical examination on a working day, since according to Art. 212 of the Labor Code of the Russian Federation, during the inspection, the employee retains his place of work and average earnings.

Note! Average earnings are calculated in accordance with Art. 139 of the Labor Code of the Russian Federation and the Decree of the Government of the Russian Federation “On the peculiarities of the calculation procedure...” dated December 24, 2007 No. 922.

Important! If an employee does not pass a medical examination, the enterprise administration must remove him from work. Average earnings during suspension are not paid. An exception is if the employee did not pass the inspection through no fault of his own. In this case, he is paid as if he was idle (Article 76 of the Labor Code of the Russian Federation).

About medical examinations on weekends, read the article at the link: Explanations on the issue of an employee undergoing a medical examination on weekends. Issues of issuing referrals for medical examinations are covered in the article at the link: Referral for a medical examination from the employer.

Peculiarities of payment for medical examinations of certain categories of workers

According to the law, the employer bears increased obligations and expenses for medical examinations in relation to, in particular, the following categories of persons:

• minors: mandatory preliminary medical examination (Article 76 of the Labor Code of the Russian Federation), annual examination at the expense of the company (Article 266 of the Labor Code of the Russian Federation);
• workers in underground work: mandatory examination before hiring, medical examinations at the beginning and end of the working day or shift (Article 330.3 of the Labor Code of the Russian Federation);
• athletes: examinations during employment, mandatory periodic examinations, extraordinary examinations at the request of athletes and in the presence of medical recommendations (Article 348.3 of the Labor Code of the Russian Federation).

Read about pre-trip medical examinations of drivers in our article at the link: Conducting pre-trip medical examinations of drivers.

So, medical examinations of employees, in connection with employment or periodic, are paid for by the employer.

Why undergo a medical examination at all when applying for a job?

Passing a medical exam is not something crazy about the company you want to join. The fact is that such a procedure is provided for by the Labor Code. When concluding an employment contract, the employer must organize a preliminary medical examination of certain categories of employees. And without passing such a medical examination and a doctor’s conclusion about the possibility of performing labor duties, the organization does not have the right to allow an employee to perform labor functions.

Moreover, if an employer allows an employee who has medical contraindications to work, he will be fined:

• from 15,000 to 25,000 rubles - for officials and individual entrepreneurs;
• from 110,000 to 130,000 rubles - for legal entities.

Conclusion: payment for a medical examination when hiring for a job is mandatory under the Labor Code of the Russian Federation in a number of cases. Let's figure it out further: who pays for the initial medical examination when hiring: the employee himself or the employing company?

Who must undergo a medical examination when applying for a job?

According to the Labor Code of the Russian Federation, a health document is required for employees in the following cases:

• if the employees’ activities are related to the transportation of passengers and the management of vehicles;
• employment of persons in the food industry, trade, public catering;
• a person works in jobs that cause significant harm to his health;
• employment in the field of consumer services;
• work in the field of education and medicine;
• if the activities of workers are related to the process of creation and operation of water supply facilities;
• if a person is going to work on a rotational basis;
• work in the Far North.

According to Articles 69 and 266 of the Labor Code of the Russian Federation, the following persons are also subject to medical examination:

• medical laboratory employees who are in direct contact with people infected with HIV and AIDS patients;
• workers involved in saving the lives of the population in emergency situations;
• minor workers;
• workers of nuclear energy enterprises.

Who must undergo a medical examination upon employment?

Who exactly must an employer send for a medical examination? These are the people who will work:

• in hazardous industries or with dangerous working conditions;
• drivers and other persons ensuring the movement of vehicles;
• in the food industry, catering, trade, medicine and children's institutions;
• in water supply organizations.

In addition to the above professions, persons whose work responsibilities are related to the activities specified in the List of Works, the performance of which requires preliminary and periodic medical examinations, must undergo a medical examination. It was approved by Order of the Ministry of Health and Social Development of the Russian Federation No. 302n dated April 12, 2011. In particular, it names employees who work with a computer 50% of the time.

It turns out that even accountants, managers and other office employees who enter or read information from a computer screen for more than half of their working day must undergo a medical examination upon employment.

Who pays for a medical book for a student intern?

According to the Order of the Ministry of Health and Social Development of Russia No. 302n dated April 12, 2011, LMK is issued by those students of educational institutions who undergo internships related to work in organizations whose employees are subject to medical examinations (examinations). If an organization accepts an intern for practical training and a fixed-term employment agreement is concluded with him, then it pays for the form of a medical (sanitary) record and its registration, as for its employees. Otherwise, the costs of obtaining a medical certificate are borne by the student himself - neither the educational institution nor the organization where the internship will take place is legally required to pay anything.

We have found answers to questions about who should pay for a health certificate when applying for a job and during an internship. In turn, the multidisciplinary clinic "OSMED" is ready to offer favorable conditions for conducting medical examinations for LMK to individuals and legal entities! You can find out more information by calling the numbers listed on the website. We are waiting for you in the Vasileostrovsky district of St. Petersburg at the address: Vasilievsky Island 10-line, no. 21 (Vasileostrovskaya metro station).

At whose expense is a medical examination carried out upon hiring?

This begs the question: who should pay for the medical examination of a future employee. Let us reassure employees: the responsibility for organizing and paying for a preliminary medical examination lies with the future employer.

What to do if a future employer refuses to pay for a medical examination? Expert comments specifically for Sashka Bukashka’s website:

Dmitry Popkov

Chairman of the primary trade union organization “Plant N9” ROSPROPROFPROM

If an employer refuses to pay for a preliminary medical examination of employees, citizens can contact the Prosecutor's Office or the State Labor Inspectorate with a complaint about the employer's violation of Article 212 of the Labor Code of the Russian Federation.

Sergey Khalchenko Lawyer

There are unscrupulous employers. By sending an applicant or current employee to undergo a medical examination, they subsequently refuse to pay the costs.

There are several options for action, from endlessly waiting for the employer’s conscience to awaken, to filing a lawsuit. In the meantime, you can file a complaint with the labor inspectorate or the prosecutor's office. An inspection will be carried out and, if the arguments are confirmed, the employer faces a fine: for an individual entrepreneur up to 5 thousand rubles, for legal entities - up to 50 thousand rubles. If the employer is a legal entity, then its manager may be additionally fined up to 5 thousand rubles.

In addition to fines, the negligent employer will be presented with a requirement to fulfill his duties, for failure to comply with which he will again face fines.

A few words about proof. It is necessary to obtain a referral from the employer for a medical examination, keep all checks and receipts for payment and examination data. It is also necessary to know that allowing an employee to perform his function if a mandatory medical examination is required and there is no such examination is grounds for bringing the employer to administrative liability and significant fines.

Taking into account the above, the most rational behavior of the employer is to compensate the applicant or employees for medical examination services. In case of forgetfulness of the employer, in some cases it will be enough for the employee to have a written or verbal request to make compensation with a reminder of possible fines from government bodies.

Whether an employer must pay for a medical examination upon hiring is clearly decided by the Labor Code. Article 212 of the Labor Code of the Russian Federation speaks of the obligation to organize a medical examination of employees, and Article 213 of the Labor Code of the Russian Federation states that medical examinations and psychiatric examinations are carried out at the expense of the employer. Thus, the answer to the question: who pays is clear. The legislation obliges to take care of the health of employees, and the organization must pay for the activities carried out.

Compensation for medical examination “almost to the driver”

Applying for a driver vacancy in a company, a citizen received a referral for a preliminary medical examination, which cost him 9.5 thousand rubles. When he came to his future employer with the results of his medical examination, he discovered that the position had already been filled. The failed driver appealed to the district court, demanding that the LLC reimburse costs, as well as compensation for moral damages (20 thousand rubles) and legal expenses. The court satisfied his demands, while reducing the amount of compensation for moral damage to 500 rubles.

The employer, disagreeing with this decision, filed an appeal to the district court of the Khanty-Mansiysk Autonomous Okrug. According to the logic of the employer, since the applicant did not submit an application to the LLC for reimbursement of expenses for a medical examination, there was no violation of his rights, and there was also no dispute between them - therefore, by considering this case, the court of first instance violated the provisions of Part 1 of Article 3 and Part 1, Article 4 of the Code of Civil Procedure (the right to go to court and initiate civil proceedings).

In the appeal ruling dated September 11, 2018 in case No. 33-5966/2018, the court pointed out that in this situation the Labor Code of the Russian Federation does not regulate the mandatory pre-trial procedure for resolving the dispute, so the applicant had the right to go to court. In addition, by virtue of the provisions of Part 8 of Article 213 of the Labor Code of the Russian Federation (medical examinations of certain categories of workers), preliminary medical examination of persons employed in work related to traffic must be carried out at the expense of the employer.

Taking into account this norm, as well as the fact that the Labor Code of the Russian Federation does not contain any reservations regarding the further conclusion of an employment contract and payment for a medical examination by the employee himself, the court came to the conclusion that the employer is obliged to reimburse expenses.

Organization of preliminary medical examination

Each organization must approve a list of positions, upon admission to which employees must undergo a medical examination by certain doctors. This list is approved by local regulations (for example, by order of the manager).

To conduct medical examinations, the organization enters into an agreement with a medical institution. On the basis of this agreement, medical examinations during employment will be carried out and paid for. The medical institution with which the contract is concluded must be licensed and have the necessary doctors on its staff.

Before concluding an employment contract with an applicant, he is given a direction to undergo an examination against signature. It must contain information about the employee and employer, the medical organization and the type of medical examination.

After passing the examination, the applicant will be issued a conclusion on his suitability or prohibition from performing certain duties and functions. He must bring this conclusion to the employer. And only after that an employment contract is concluded, and the employee can begin to perform his labor functions.

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

Hello! Tell me, at whose expense is the medical examination carried out when applying for a job? My manager and I had a controversial situation regarding the medical examination of employees. Namely: the manager claims that the employee must undergo a preliminary medical examination at his own expense when applying for a job, and in the future periodic medical examinations will be paid for by our organization. Having turned to the Labor Code and various legal documents, I could not find confirmation of his words anywhere. It seems to me that the manager is not entirely right in his statement? Please tell me what arguments I can use to challenge his statement, if, of course, I can? Thank you in advance

Answers:

At whose expense is the pre-employment medical examination carried out? This question is asked by citizens if they need to undergo a medical examination when applying for employment. Since this event is quite expensive, not all citizens have the opportunity to spend money on it.

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

Why is screening so important? Medical checks are directly related to occupational safety. It is a guarantee that people hired do not have serious health problems that could negatively affect their work activity. According to Art. 213 of the Labor Code of the Russian Federation, a preliminary medical examination must be completed by:

• minor citizens;
• persons planning to work in conditions of increased danger or in hazardous work;
• health workers and employees of health centers;
• persons whose work is related to the beauty industry (hairdressers, makeup artists, manicurists, etc.);
• laundry employees;
• employees of educational institutions;
• workers whose activities are related to the production/sale of food products;
• transport sector employees;
• citizens working “on shift”;
• judges;
• athletes;
• customs, police, departmental and private security workers.

An exhaustive list of professions for which medical checks are carried out can be found in Order of the Ministry of Health and Social Development of the Russian Federation dated April 12, 2011 No. 302n (as amended on February 6, 2018).

If a primary medical examination is required when applying for a job: who pays for it? In accordance with the requirements of labor legislation, applicants interested in the above areas undergo a medical examination at the expense of the employer before employment. Thus, paying for a medical examination when applying for a job (Labor Code of the Russian Federation, Article 212) is the concern of the boss. It does not matter whether the person subsequently works for the company or not.

Should an employer pay for a pre-employment medical examination if it is not required for the position? If an employer, for one reason or another, asks a candidate for a vacancy to undergo a background check, he will also pay for it. Well, if the candidate decided to undergo the examination of his own free will, then he will have to pay out of his own pocket.

A manager who insists on undergoing a medical examination can independently choose a medical institution. By doing this, he will protect himself from receiving false medical reports (this happens if an applicant for a vacancy turns to familiar doctors). This measure will protect the employer. In this way, he will protect himself from troubles if, for example, an employee is later diagnosed with an occupational disease, due to which the employer may incur significant expenses in the future.

Is there a fee for the initial medical examination?

The need for a primary medical examination is stated in Article 212 of the Labor Code of the Russian Federation. Moreover, all medical care for employees who are registered for work is provided at the expense of the enterprise. If a medical examination is refused, the new employee cannot be hired.

Medical examinations are carried out to determine the following tasks:

• assessment of the ability to perform work due to health status at the time of employment;
• determining predisposition to occupational diseases;
• the ability to perform certain functions from the point of view of mental state.

When conducting an initial examination, the list of medical specialists required for hiring depends on the position and working conditions of the place for which the appointment is being made. The employer has the right to supplement the initial inspection with certain examinations in accordance with Article 213 of the Labor Code.

If, when registering an employee for a position for which a medical examination is required, the medical examination was not passed, then the employer is subject to a fine of 50 thousand rubles, or this threatens him with termination of activity for up to 90 days.

What categories of employees undergo a medical commission under the Labor Code of the Russian Federation?

There are a number of categories of employees for whom a medical examination is required upon hiring (Article 213 of the Labor Code):

1. activities associated with harmful and dangerous working conditions;
2. activities related to transport;
3. activities related to water supply networks;
4. employees employed in the food and nutrition industry, as well as sales workers;
5. medical workers;
6. teachers and kindergarten staff.

According to Article 69 of the Labor Code, medical examinations when applying for a job must also be mandatory for citizens who have not yet turned 18 years old, regardless of what position they are applying for.

Employees undergo a mandatory medical examination when applying for a job on a rotational basis in accordance with Article 298 of the Labor Code.

Preliminary inspections must be carried out at the organization’s own expense.

Who pays for this procedure if it is not provided for by law?

Article 213 of the Labor Code states that, if necessary, by decision of the management bodies at the enterprise, additional lists of professions that must undergo a preliminary medical examination are introduced.

Moreover, if the employer insists on its mandatory completion, but this is not stipulated in the law, then, according to the same article of the Labor Code, medical services must be paid for at the expense of the employer.

If the list of professions does not include the position for which the employee is applying, but it is included in the internal document of the enterprise, then a medical examination is required. If the profession is not included in the list for which a medical examination is required and the employer does not insist on it, then when passing the medical examination the future employee will bear the costs independently.

Payment for medical examinations of employees of organizations

Unfortunately, not all employers are concerned about the health of their staff, and, incidentally, the employees themselves are not particularly concerned about this issue. Although both should be interested: being healthy is undoubtedly better for the employee, but for the employer, extra sick leave is economically unprofitable and can legally lead to various unpleasant consequences. In general, it is certainly necessary to know your responsibilities and rights in this aspect of labor relations, and therefore we will consider the question of who pays for the medical examination upon hiring, as well as all subsequent examinations of employees in medical institutions.

The legislative framework

Article 41 of the Constitution of the Russian Federation defines the right of every citizen to health protection, important norms in matters of this focus are given in the Federal Law of March 30, 1999 No. 52-FZ, the subject of labor protection is regulated by the Labor Code of the Russian Federation, in particular, Chapter 34.

In addition, an important role in this area is assigned to Order of the Ministry of Health and Social Development of Russia No. 302n, which, after coming into force in January 2012, approved the lists of dangerous and/or harmful work and factors that require workers employed in their specific field to undergo mandatory primary and periodic medical examinations and the procedure for their implementation.

Who should unconditionally undergo examination in a medical facility?

According to Art. 213 of the Labor Code of the Russian Federation, employees employed in:

• at work with dangerous or harmful professional conditions (including underground);
• in the transport sector;
• at hard work;
• in industry, trade, medical institutions, children's institutions, etc.

In the first three cases, the main task of medical examinations is to ensure the health of the worker himself: it is necessary to determine his ability or inability to perform non-standard work. Employees of catering organizations, the food industry, the trade sector, water supply facilities, medical and preventive institutions, and some other areas must undergo medical examinations, primarily in order to preserve the health of the population, prevent the spread and occurrence of various diseases. Naturally, such a division is conditional.

According to Article 69 of the Labor Code of the Russian Federation, citizens of the Russian Federation who have not reached the age of fourteen must also undergo a mandatory primary medical examination upon employment, and the employer has the right to require them to undergo an examination at a medical institution annually.

Payment for primary medical examination upon employment

Depending on the nature of the medical examination, it can be completed in different ways.
For example, you can go to a regular free city clinic, or you can go to a paid one.

The queues there will be much shorter, and therefore the examination will be completed much faster. Read about how to pass a medical examination when applying for a job.

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

There are indeed legal grounds for the employer to pay for the initial medical examination , since such an examination is related to labor protection and is a guarantee that the employer will not have to create special conditions for people with serious health problems.

In order to receive the due compensation, you need to know all the nuances of the Labor Code.

It should be noted that the certificate is valid only for an extremely short period of time, therefore, after passing a medical examination, it is not advisable to delay employment.

The list of doctors that need to be seen can vary significantly in different cases. Usually they are examined by an ENT specialist, a surgeon, a neurologist, an ophthalmologist, and a therapist.

Some positions also require a psychiatrist. Women need to see a gynecologist, and those over 40 need to change their blood pressure. In special cases there may be other options.

If a medical examination is required by law?

According to Art. 212 and art. 213 of the Labor Code of the Russian Federation, in order to ensure the proper level of safety and compliance with all established standards, the employer must pay for an initial medical examination upon hiring , as well as periodic medical examinations or extraordinary examinations for medical reasons at the request of employees.

If a medical examination is provided and not provided

According to Art. 214 of the Labor Code of the Russian Federation, a primary medical examination is mandatory for certain categories of citizens. These are those whose work is associated with harmful or dangerous conditions, traffic, trade, the food industry, public catering, medicine, and education.

In addition, those who move to the Far North, those whose activities will involve frequent business trips, as well as minors are required to undergo a mandatory preliminary medical examination. The list also includes hard work.

Sometimes additional indications for conducting a medical examination are introduced. These could be, for example, epidemics or special climatic conditions in a certain region.

If a medical examination is required by law, it is paid for from the employer’s funds..

There are situations when a medical examination is not provided for by law, but the employer requires it. For example, people with poor vision cannot work with optical instruments, and therefore an employer may require examinations from applicants.

When an employer insists on undergoing a medical examination, he can choose the medical facility himself.

In this case, falsification of testimony, which may occur when the applicant turns to familiar doctors, will be excluded. This will greatly protect the employer, as he will protect himself from the possibility of discovering occupational diseases, due to which he could incur significant expenses in the future.

If the employer did not insist on a medical examination and it is not provided for by law (for example, when starting an office job), the employee himself will pay for it.

As you know, work and work are different. Even an office environment, which has almost home-like conditions, can pose a threat, for example, to vision if the employee spends a lot of time at the computer or is a computer operator. Therefore, regular medical examinations are provided for such employees.

If an employee works part-time and a medical examination is required by law, the employer is also obliged to pay for it.

At whose expense is a medical examination carried out upon entry to work?

The question “Who should pay for a medical examination when applying for a job?” very significant - quite often employers make attempts to shift the financial costs of examinations in medical institutions to employees. However, Article 213 of the Labor Code of Russia clearly establishes that the psychiatric examinations and medical examinations provided for by its contents under any conditions must be carried out at the expense of the employer.

It is worth especially noting that employers must also pay for primary medical examinations, and cases where they require heaps of certificates from medical institutions from applicants are unlawful. Currently, the approach is quite often practiced when the applicant for a position pays for the initial examination himself, but then the employer reimburses the medical examination upon hiring. And although often no problems arise, some unscrupulous employers still refuse to return the amount spent, the amount of which, by the way, must be confirmed by the surveyed with relevant certificates. Then, if an agreement cannot be reached between both parties, the employee has the right to file a claim for compensation of costs incurred in court.

Special attention should be paid to areas of activity where employees 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.

A personal medical record must also be issued at the expense of the employer. If a candidate has passed an initial medical examination or received a medical certificate in this way, but for some reason an employment contract with the employer has not been concluded, then the latter does not have the right to force the potential employee to work or reimburse expenses incurred. This is regulated by current legislation, which does not provide for the possibility of recovering from an unsuccessful employee losses caused by failure to sign an employment contract.

Is an employer required to conduct medical examinations at his own expense upon joining an office job?

According to Article 213 of the Labor Code of the Russian Federation and the List of harmful and/or hazardous factors of industrial origin approved by Order of the Ministry of Health and Social Development No. 83 dated August 16, 2004, the work of persons whose professional activities are associated with PCs (personal electronic computers) is classified as harmful and dangerous factors.

Thus, answering the question: “Is the employer obliged to pay for a medical examination when hiring office workers?”, one can reason as follows: if the duties of the position include working with a personal computer, then of course, if this is not provided , then the procedure and terms of payment for medical examinations are established by the terms of the employment contract.

The article was written based on materials from the sites: how2get.ru, ppt.ru, podborkadrov.com.
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Medical examinations upon hiring

My main job is as an assistant professor at a technical university, and here I work part-time as an engineer. Engineering work is associated with occupational hazards (ionizing radiation, chemical reagents). For this reason, we have an annual professional examination. What does it have to do with both associate professors and professors if they conduct classes in laboratories where there is class 3 radiation hazard or an out-of-class laboratory and radioactive elements are below minimally significant activity (MZA is called, whoever works with this knows what it is). Everything seems to be clear - prof. inspection is useful. But since this year, a stool test for worm eggs has also been added to the list of examinations. And in a rather humiliating way. Imagine, a department staff comes to the clinic - men and women, among them the majority of candidates and doctors of science, professors and associate professors, and everyone stands in line in the office to show their perianal area to the nurse aunt. What a mockery! Well, I understand, we would work in catering, in a canteen with food, in a hospital with patients, with children in a kindergarten or at school, it’s clear here - close contact, you can infect innocent people and children. But in our case! A professor or associate professor gives a lecture to students from the department, or an engineer in a laboratory precipitates hydroxide with alkali in a flask. And what? Is it urgent to check them for worms? Well, even if worms are found, is this a contraindication for work? And the fact that, God forbid, the worms die from chemical harm or ionizing radiation! Nonsense! Indeed, in our case, undergoing a professional examination is taking care of our health, identifying harmful and dangerous production factors (chemicals, radioactive substances) that can have a negative impact on health, but not checking whether we are spreading the infection, namely, these same worms, on others. Well, even if the entire research team of the department are helminth carriers, no one will remove us from work anyway. Maybe we don’t need to paint everyone with the same brush? Or then let's force the entire university, not just a dozen people, to take off their pants and show their anus. Why are the others better, what if they also have worms? Everything should be within reasonable limits. Taking care of physical health is good, but one cannot discount psychological health, psychological discomfort from humiliation of human dignity, especially in cases where inflicting moral damage on a person is not justified in any way, and there is no question of any concern for health.