Labor Law Consultation

13.09.2023

WHEN IS A MEDICAL WORK CERTIFICATE IS ISSUED?

Do I have to provide a medical certificate in order for them to conclude an employment contract with me?

According to Art. 2, para. 1 of Ordinance No. 3 of 28.02.1987, a mandatory preliminary medical examination is subject to: persons entering work for the first time; the persons who move to another job in the same or in another enterprise, which is associated with harmful factors and with the risk of occupational disabilities; persons who have terminated their employment for more than three months. Therefore, the person starting work must present a card for a preliminary medical examination.

Pursuant to Art. 287, para. 1 of the Labor Code, all workers and employees are subject to mandatory preliminary and periodic medical examinations. The conditions for carrying out the preliminary and periodic examinations according to the nature of the work, the working conditions and the age of the employees are defined in Ordinance No. 3 of 28.02.1987 on the mandatory preliminary and periodic medical examinations of the workers.

The official requirement and provision of files between services is regulated in Art. 17, para. 1 of Ordinance No. 3 of 25.01.2008 on the conditions and procedure for carrying out the activities of occupational medicine services (promulgated SG No. 14 of 12.02.2008). Pursuant to item 1 of the cited provision, the health records of workers are transferred and accepted between the occupational medicine services on paper and electronic media on an official basis when the worker's place of work changes and a request is made by the service serving the relevant enterprise. Given the peculiarities of national legislation and practices in the EU member states, it is possible to have a different order established for occupational health care and health monitoring of workers in the member state in which the worker's previous work experience took place. In all cases, it is the duty of the occupational medicine service to seek, in an official way, information regarding his medical monitoring, to include in the personal health file within the meaning of Art. 11, para. 10 of Ordinance No. 3 of 25.01.2008.