Health checks for workers under agreements on work outside employment discussed again
Since 1 June, an amendment to the Labour Code (the Flexinovela amendment) has brought employers a major loosening regarding occupational health examinations, as it abolished the obligation to carry out initial health examinations for employees classified in the first risk category of work pursuant to the Act on Specific Health Services. However, because of this amendment, the regulation of agreements on work performed outside of employment has been tightened. Although this was probably not the intention of the legislator, it is quite likely that we will not see any remedy anytime soon.
Until the end of May, the Act on Specific Health Services provided that employers were obligated to ensure initial occupational health examinations for workers under an agreement to complete a job or an agreement to perform work (outside of employment) only when they were performing high-risk work. If they were classified in risk work category 1 or 2, they did not have to undergo such a check.
However, the Flexinovela amendment unified the regulation of initial health examinations for all basic labour-law relationships. As a result, agreements on work performed outside of employment are now subject to the obligation to undergo these examinations where the work falls under risk work category 2. The legislator has realised this deficiency and is already proposing to return to the original rules of health checks for workers under agreements outside employment.
This proposal is part of an amendment to the Act on Single Monthly Employer Reporting currently before the chamber of deputies. Unfortunately, the proposal does not include an effective date. This could mean that we will have to wait until the full act comes into force at the beginning of next year for the change to take effect.
For employers, this will mean that if they employ workers under agreements on work outside employment falling under risk work category 2, they will have to ensure an initial medical examination of such workers. This will be the case for employees in the catering, construction and mechanical engineering sectors, as well as, for example, cleaning staff, hairdressers and warehouse workers. If an employer allows the work of a worker who is not medically fit to do so, they run the risk of a fine of up to CZK 2 million.