Can medical examinations after illness be used in several workplaces?

Current labour laws do not prohibit taking up employment in several different places, even if it would be on the basis of a large number of employment contracts. In fact, performing work on several jobs depends on the organizational capabilities of a given person – if he will be able to reconcile employment in several places, there is no obstacle to him working in this way.

Employment in several companies guarantees the employee a full range of rights resulting from the provisions of labor law (mainly from the Labor Code). In other words, a person employed in different undertakings has the same rights and obligations as an employee performing his duties within only one post.

Being on sick leave does not always mean having to have tests before returning to work. If the absence from the company does not exceed 30 days, the employee is not obliged to perform any tests – it is enough that he feels good and can return to performing his previous duties.

The situation is completely different when the absence caused by the disease lasts longer than the indicated 30 days. According to Article 229(2) to (4a) of the Code of Civil Procedure, the employee is subject to periodic medical examinations. In the case of incapacity for work lasting more than 30 days, caused by illness, the employee is also subject to medical check-ups to determine the ability to perform work in the current position. Periodic and follow-up medical examinations shall be carried out as far as possible during working hours. For the time of not performing work in connection with the tests carried out, the employee retains the right to remuneration, and in the event of travel to another place for these tests, he is entitled to receivables to cover the costs of travel in accordance with the rules applicable to business trips. The employer may not allow an employee to work without a current medical certificate stating that there are no contraindications to work at a specific position in the working conditions described in the referral for medical examinations. Preliminary, periodic and follow-up medical examinations are carried out on the basis of a referral issued by the employer. It is clear from the above that an employee who is ill for more than a month must undergo a medical examination – if they are positive, he will obtain permission to perform his current work. In the event of negative medical examination results, the employer will have to decide whether to dismiss the person or move him to another position and designate a new scope of duties (taking into account the current state of health of the person).

People working several jobs in different companies quite often wonder whether medical examinations after illness, entitling them to perform their duties, can be used in every workplace. This situation also occurs in the case of frequent job changes – employers do not want to send new employees for further research, but prefer to use the results that a given person already has (this is dictated by both saving money and time).

It turns out that the use of medical examinations obtained in one workplace for another company is legally permissible for many years – let us add, however, that this situation is associated only with a change of job (moving from one company to another, and not with performing parallel employment in several places). To take advantage of this possibility, specific conditions must be met:

  • the interval between employment must be up to 30 days;
  • the medical certificate from the previous employer must be up to date;
  • confirmation by the new employer that the conditions described in the referral for medical examinations from his predecessor correspond to those prevailing at the workplace.

An exception to the above possibility of using one package of tests is the employment of employees to perform particularly dangerous work – in such cases there is always an obligation to conduct preliminary tests.

In the case of check-ups after a long-term illness, the employee is obliged to obtain medical results for each employer separately. In other words, each company employing a given person must issue a separate referral for medical examinations.

Source: https://poradnikprzedsiebiorcy.pl/-badania-lekarskie-po-chorobie-a-kilka-miejsc-pracy

Region Gdański NSZZ „Solidarność”

Projekt otrzymał dofinansowanie z Norwegii poprzez Fundusze Norweskie 2014-2021, w ramach programu „Dialog społeczny – godna praca”.

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