Referral for a medical examination when applying for a job allows the employer to get an idea of the health status of the applicant and make sure that the candidate for the vacancy physically and mentally ready to the performance of his assigned duties.
In addition, a preliminary preventive examination makes it possible to identify a number of infectious and other mass diseases.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to know how to solve exactly your problem - contact through the online consultant on the right or call by phone free consultation:
The passage of preliminary and scheduled preventive examinations is regulated by several legislative acts.
In Article 41 of the Constitution of the Russian Federation, the Article states that each citizen is assigned right to health care, this industry is regulated by the Federal Law of March 30, 1999 No. 52-FZ. Everything related to the protection of the health of workers is considered in Article 34 of the Labor Code.
The implementation of preventive examinations of applicants is discussed in detail in articles 212 and 213 of the legislative act. If a potential employee refuses to undergo a medical examination or his state of health does not meet the stated requirements, then he cannot apply for this position.
Where to go?
A preliminary inspection is important for both the employee and the employer. The applicant visits doctors, passes the necessary tests and receives information about the state of his health. It is often these examinations that allow identify various diseases at an early stage or occupational pathology.
For an employer, this practice is important when hiring an applicant for two reasons. Firstly, according to the law, a person can be accepted for vacancies in some professional areas only after passing a medical examination.
Secondly, most employers want to see in their company a healthy employee who is able to perform duties to the fullest.
Please note that the checklist that doctors make notes on does not contain any diagnoses or personal information. All direct information about health, test results and the nuances of identified diseases, the doctor either reports directly to the patient during the consultation, or gives it to his hands.
The applicant is not obliged to transfer this data to the employer, and the doctor does not have the right.
Every company has its own way of going through the medical examination. Some firms offer the future employee to independently contact the clinic at the place of residence or any private medical center. In this case, you need to ask the clinic expense checks.
Other organizations issue a referral to a specific medical institution with which they have contract signed. This is especially true for various structures that have hospitals and outpatient clinics for employees in their departments: the Ministry of Internal Affairs, Russian Railways, the police, etc.
When choosing a company that can conduct a preliminary (periodic) medical examination, you need to pay attention to:
- A medical organization has the right to conduct preliminary (periodic) examinations - a license.
- Ability to conduct aptitude tests.
- The presence of an occupational pathologist and other medical workers in the staff of the organization.
- The time spent on the analysis and preparation of a project for calculating the cost of a periodic medical examination (examination).
- Cost of services.
- Period of medical examination.
- Terms of conduct.
According to Article 212 of the Labor Code both preliminary and scheduled preventive examinations must be paid by the employer.
If you are taking the survey for a fee, then keep all checks and receipts for payment. Upon employment, after their presentation, you will have to compensate for the amount spent.
When is an initial medical examination required?
Passing a preventive examination during employment is mandatory for the following groups of applicants:
- Persons under the age of 18, as regulated by article 266 of the Labor Code of Russia;
- Applicants for a vacancy that involves moving to the Far North;
- Professional athletes, according to 348;
- Representatives of all specialties subject to mandatory medical examination when applying for a job. These professions are listed in Article 213 of the Labor Code and Order of the Ministry of Health No. 302n.
In addition, some organizations have internal regulations obliging employees to undergo a preliminary and mandatory medical examination. To do this, the management of the organization issues an order to undergo an annual medical examination.
Download a sample order for a medical examination.
tenant, in accordance with 212 articles of the Labor Code must enable the applicant to undergo a medical examination. Otherwise, the following penalties are imposed on the employer:
- For an official, a fine of up to 5,000 rubles;
- For an individual entrepreneur, also a fine of up to 5,000 rubles or a ban on commercial activities for three months;
- Legal entities are subject to a penalty of up to 50,000 rubles or suspension of activities for three months;
- An official who is repeatedly convicted of such a violation is deprived of the right to conduct activities for 1-3 years.
This collection system regulated by the Code of Administrative Offenses of the Russian Federation.
According to Article 214 of the Labor Code, the employee is obliged to undergo professional examinations in a timely manner, otherwise the employer has the right to remove the specialist from the performance of duties or, if the employment contract has not yet been concluded, to refuse the vacancy.
uniform form order of non-admission there is no employee for work, however, the following information should be indicated in the document:
- Employee details and job title;
- Grounds for removal from professional duties with reference to Article 76 of the Labor Code;
- Indicate the period of non-admission, that is, until the specialist undergoes a medical examination;
- Conditions for calculating wages for this period.
How to get a referral?
After agreeing on the candidacy of the applicant for this position, he can apply to the personnel department and get a referral for a medical examination. The form is issued to the employee against signature. The bypass sheet should include a list of doctors to be visited. 
Large companies cooperating with medical organizations often agree in advance on the applicant's passing a medical examination. In this case, you will be told the time and place where you will need to appear for the examination.
If the company does not have an agreement with any medical institution, then you can choose any clinic that is licensed to provide such services.
There is no single legally approved form for preventive medical examinations. However, in 8 paragraph of order No. 302n The following are the items that should be included in the referral:
- Company name;
- Type of activity of the company according to the classifier of economic activity;
- If the applicant is directed to any specific medical organization, then the form must indicate all its contact details;
- Type of screening;
- Employee's personal data;
- The name of the profession and position to be occupied by the applicant;
- List of factors of production potentially hazardous to health.
You can download the finished referral form in form 302n.
The examination is considered completed when the applicant has received conclusion about the examination. One copy of this document must be transferred to the company's personnel department, and the second is stored in the employee's personal medical record.
Who does not need to undergo a medical examination during employment, see the video:
Do you have a legal question?
