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  • Amendment to the act on special health-care services

    31. 12. 2017

    Following the practical experience with application which proved the regulation inadequate, several amendments to Act No. 373/2011 Coll., on special health-care services, have been adopted during this past year. These amendments have brought about a number of changes, however, many of them without any effect on general population - for example, the reduction in age of patients for castration, new definition and modification of the alcohol and drug abuse emergency services, genetic examinations, changes in occupational health-care assessments.

    From the point of view of the day-to day functioning of businesses and their employees, it is opportune to point out changes in the area of occupational health-care services.

    For jobseekers and employees who are to carry out work classified as being of high risk according to the Public Health Protection Act, the amendments extend the involvement of registering doctors (practitioners) of such employees and/or job applicants. Their role is no longer limited to issuing a medical assessment in connection with a job application.

    In addition, it is possible for an employment agency to use, in specific cases and under specified conditions, for the fulfillment of its obligations in the field of occupational health-care services the provider of the occupational health-care services of a temporarily assigned employee or the client to whom the employee is temporarily assigned.

    It is also expressly stipulated that a provider of occupational health-care services may, under certain conditions, use services of the so-called commissioned provider of occupational health-care services, to perform one of their tasks in relation to the contractual employer.

    Finally, the amendment covers entry medical examinations, modifying them in two ways. In the first place, it is no longer possible, even under an express agreement, to transfer the costs of the entry medical examination upon the job seeker. The cost of such medical examination of the hired applicant is borne by the employer in all circumstances.

    Moreover, and more importantly, it is not necessary to carry out the admission medical examination before the conclusion of the employment contract, but before the employment relationship begins, that is to say, before the date agreed in the contract of employment as the day of the start of work. The medical examination can therefore take place after signing of the employment contract, but before the day that was agreed as a day of commencement of work, without any negative legal consequences, such as on validity of the contract or the public liability of the employer. As a result of this amendment, Section 32 of the Labor Code was also amended.

    Please do not hesitate to contact us in case of any queries regarding the above mentioned amendments or issues related thereto.

    Autor článku: Jakub Morávek

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