The passage of medical examinations by employees, as well as payment for medical examinations, is regulated by the Labor Code of the Russian Federation.
Payment for medical examination upon hiring
The legislation requires the employer to pay the costs associated with medical examinations when hiring, in accordance with Art. 212 of the Labor Code of the Russian Federation.
Or return the funds spent on the medical examination to the employee. Moreover, within a period of no more than 10 days from the date of submission of all supporting documents on receipt of a medical opinion. Most often, people undergo a medical examination at their own expense in order to receive compensation for the money spent later. Although this path is not entirely legal. The company must pay right away, not reimburse the costs later.
So, according to Art. 212 of the Labor Code of the Russian Federation, the employer is obliged to organize, at his own expense, obligatory preliminary (upon admission to work) and periodic (during employment) medical examinations, other obligatory medical examinations, obligatory psychiatric examinations of employees, extraordinary medical examinations, obligatory psychiatric examinations of employees according to their requests in accordance with medical recommendations with the preservation of their place of work (position) and average earnings during the passage of the specified medical examinations, mandatory psychiatric examinations.
Also, this article states that it provides for the prohibition of workers to perform their labor duties without undergoing mandatory medical examinations, mandatory psychiatric examinations, as well as in the case of medical contraindications.
Payment options for a medical examination when applying for a job
A pre-employment medical examination can be paid for by the employer in one of the following ways:
- the organization concludes an agreement with a specific medical institution and pays for the examination of candidates and employees sent there by bank transfer. The enterprise must have a calendar schedule for passing medical examinations, approved by the health care institution;
- the applicant undergoes a medical examination at his own expense, and the employer later returns the money spent to him. The second method is fraught with pitfalls: In the best case, the employer can pay for the medical examination by the employer upon hiring three to four months, or even six months after the conclusion of the employment contract, motivating his actions by the fact that after the first salary, the employee can escape to another the firm, and the budgetary funds of the organization will be spent in vain. Some companies, wanting to be on the safe side, go even further, prescribing an item in the organization's internal labor regulations that the applicant undergoes the initial medical examination at his own expense, and the subsequent, subject to employment, at the expense of the employer. The most unpleasant option also happens - when the medical examination is passed, however, the state of health does not allow the applicant to work in this organization / enterprise, and no one is going to make a refund. At all points, the employer's behavior is unlawful towards the employee. According to labor law, an employee who is officially hired must receive compensation for the medical examination passed, even if he has worked for the shortest possible period (up to one day).
Also, the Labor Code of the Russian Federation does not in any way stipulate cases when all the costs of undergoing a medical commission remain with the employee due to the fact that an employment contract with the employer was not subsequently drawn up. Thus, if the applicant has passed the initial medical examination, the employer must compensate the costs for it for any result.
