• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Email: accace@accace.com

Contact us
Sign up for news
  • Locations
  • Websites
    • Global (English)
    • Global (German)
    • Czech Republic
    • Germany
    • Hungary
    • Poland
    • Romania
    • Russia
    • Slovakia
    • South Africa
    • Ukraine
    • United States of America (USA)
  • eShop

Accace - Outsourcing and advisory services

  • Services
    • OUTSOURCING
    • Accounting and reporting
    • Accounting online portal
    • Payroll and HR administration
    • Payroll and HR online portal
    • Time and attendance online portal
    • ADVISORY
    • Tax advisory
    • Transaction advisory
    • Legal advisory
    • Corporate and secretarial
    • Advisory online portal
    • MARKET ENTRY SUPPORT
  • COVID-19
  • About us
    • Who we are
    • Case studies
    • Meet our key People
    • Partner with us
    • Corporate Social Responsibility
  • Careers
    • Open positions
    • Who we are
    • Our values
    • Success stories
    • How we care
    • How we act
    • We volunteer
  • Newsroom
  • Events
  • Locations

Mandatory medical examination before employment in Romania

26 Mar 2018

Are you an employer and you’re going to hire new people? In this case, you must not overlook the fact that, before starting work, any new employee must undergo a compulsory medical examination.

Interested in more details about Labour Law and Employment in Romania? Read also our recent eBook about local working conditions and taxes!

Go to eBook!

According to art. 27, para. (1) of Law no. 53/2003 – Labor Code republished, a person may only be employed based on a medical certificate, which finds that the person in question is fit to perform that work.

In this regard, the employer is obliged to ensure candidates/employees’ access to medical service of labor medicine, as required by art. 186 of the Labor Code.

Labor medicine doctor, according to art. 189, para. (1) lit. c) of the Labor Code, in conjunction with art. 8 lit. a) of Law no. 418/2004 on specific professional statute of the labor medicine doctor, provides medical examinations of employees both in employment and during the execution of the individual employment contract. Labor medicine doctor evaluates the ability to work in relation to health condition and promotes adapting the work to employees’ possibilities.

The individual labor contract concluded without a medical certificate, respectively without labor medicine doctor approval, entails the nullity of the labor contract.

According to Directive 89/391/EEC of 1989 art. 5, para. (1), in conjunction with art. 6, para. (1) of Safety and health at work Law no. 319/2006, and art. 175 para. (1) of the Labor Code, the employer shall ensure the safety and health of workers in every aspect related to work.

The employer is obliged, according to art. 7 of Government Decision no. 355/2007 regarding health surveillance of workers, to ensure the funds and the conditions to carry out all prophylactic health services necessary for health surveillance of employees.

By prophylactic health services, as provided by art. 8 from GD no. 355/2007, is understood:

  1. employment medical examination;
  2. medical examination of adaptation;
  3. periodic medical examination;
  4. medical examination to resume work;
  5. special supervision;
  6. to promote health at work.

Employment medical examination is performed for:

  • workers to be employed on individual employment contract for a fixed period or indefinitely;
  • workers who change jobs or are seconded to other jobs or other activities;
  • workers who change their job or profession. 

Employment medical examination is carried out ​​at employer’s request, who must complete the following forms:

  • sheet for requesting employment medical examination;
  • sheet for identifying occupational risk factors.

According to GD no. 355/2007, the aptitude or inaptitude of a person is determined by the labor medicine doctor, based on the following criteria:

  • compatibility/incompatibility of any disease present at the time of the examination and future employment;
  • the existence/non-existence of conditions that endanger the health and safety of other workers in the same job;
  • the existence/non-existence of conditions that endanger the security of the unit and/or quality of products manufactured or services rendered;
  • the existence/absence of a risk to public health to which ensures services.

Depending on the outcome of the medical examination in employment, labor medicine doctor can make proposals for:

  1. adapting job position to the anatomical, physiological, psychological features and worker’s health condition (when employees change their job or are seconded to other jobs or other activities);
  2. guiding the person to be employed to other jobs;
  3. the inclusion in the information flow and operational health system for those persons requiring special medical supervision.

The result of the medical examination shall be recorded into a medical file.

Aptitude sheet

Labor medicine doctor, based on the sheet for requesting employment medical examination, sheet for identifying occupational risk factors, medical file and medical examinations conducted, fills in the aptitude sheet with the conclusion of the employment medical examination: apt, apt conditioned, temporarily unfit or unfit for the job in question.

A person is considered apt from medical point of view whether it can perform the activity at work, in the profession/position for which the medical examination was requested.

Given that labor medicine doctor makes recommendations, therefore the aptitude is subject to compliance, and into the aptitude sheet, the medical opinion would be apt conditioned.

Is considered temporarily unfit a person who, due to illness, is unable to perform the activity to the working place in the profession/position for which labor medical examination is requested. Medical incapacity is determined by the labor medicine doctor until health reassessment, respectively until the disappearance of medical causes.

Permanent inability to work, represents the permanent medical incapacity of a person to perform the activity at the working place in the profession/position for which medical examination is requested regarding the ability to work. In this situation, the medical opinion of the labor medicine doctor will be unfit.

According to art. 27, para. (4) of the Labor Code, at employment, is prohibited to request pregnancy tests. In this regard, the medical certificate issued by the labor medicine doctor must not contain information on the state of pregnancy, as this can be an impediment in the hiring process.

The labor medicine doctor can ask the family doctor a certificate/medical letter stating the health of the prospective employee.

The aptitude sheet completing employment medical examination is filled only by the labor medicine doctor, in two copies, one for employer and one for employee.

Medical file and the sheet for identifying occupational risk factors are kept in labor medicine structure during the contract with the employer.

The right to appeal the result

Examined person has the right to appeal the result given by labor medicine specialist regarding the ability to work. The appeal shall be addressed to the county public health authority or of Bucharest, within 7 working days from receiving the work aptitude sheet.

According to Labor Code, art. 260, para. (1) lit. m), the employer may be sanctioned with a fine from RON 1,500 to RON 3,000 if they employ people without a prior medical examination and without labor medicine doctor approval on the person’s ability to perform the work.

Based on art. 13, lit. j) of Law no. 319/2006, the employer is required to hire only persons who, in the medical examination and, where appropriate, psychological testing skills, correspond to the task to be executed and to provide periodic medical examination and, by case, periodic psychological control, subsequent employment.

Failure to do so by the employer constitutes a contravention and is punishable under Law no. 319/2006 art. 39, para. (4), with a fine from RON 4,000 to RON 8,000. 

The candidate/employee has the obligation, according to art. 39 from GD no. 355/2007, to submit to medical examinations of health surveillance in the workplace, as planned by the labor medicine doctor with the employer agreement.

Costs involved in the medical examination

Costs involved in the medical examination shall be borne entirely by the employer. In practice, there are situations in which employers send prospective employees to do their medical check at a labor medicine center and the medical examination fee being charged to the person who is to be employed.

Therefore, should be noted that, as provided by the applicable law, in accordance with art. 175, para. (4) of the Labor Code and art. 7, para. (6) of Law no. 319/2006, measures concerning health, safety and hygiene at work should not lead in any situation to financial obligations for employees, employers may be otherwise sanctioned with a fine from RON 3,500 to RON 7,000 (according the head. IX, art. 39, para. (5) of Law no. 319/2006).

Looking for a reliable, tech-oriented outsourcing company? See what we can offer!

CONTACT

Andreea Paun
Payroll Supervisor | Accace Romania
Tel: +40 74 430 5395
E-mail: Andreea.Paun@accace.com

Related news

Value-added tax in Romania | eBook

on 24 February 2021, in Country guidelines and eBooks, Romania, Taxation
Read more

Labour Law and Employment in Romania – 2021 Guide

on 24 February 2021, in Country guidelines and eBooks, Payroll, HR and Labour Law, Regional Studies, Romania
Read more

10 facts about taxation in Romania | Infographic

on 24 February 2021, in Infographics, Regional Studies, Romania, Taxation
Read more

2021 Salary calculator for Romania

on 08 February 2021, in CALCULATORS 2020, Payroll, HR and Labour Law, Romania
Read more

The minimum gross salary in Romania has increased to RON 2 300 | News Flash

on 18 January 2021, in Local news, News Flash, Payroll, HR and Labour Law, Romania
Read more

The main amendments to the Romanian Fiscal Code, starting from January 1, 2021 | News Flash

on 07 January 2021, in Local news, News Flash, Romania, Taxation
Read more

The main amendments to the Romanian Fiscal Procedure Code, starting from January 1, 2021 | News Flash

on 07 January 2021, in Local news, News Flash, Romania, Taxation
Read more

From 1.1.2021 the 5% VAT rate will also apply to more expensive homes in Romania | News Flash

on 24 November 2020, in Local news, News Flash, Romania, Taxation
Read more

The Intrastat value thresholds in Romania for 2021 will not change | News Flash

on 12 November 2020, in Local news, News Flash, Other industries, Romania, Taxation
Read more

Law no. 193/2020: News for Romanian employers regarding the contribution to the disability fund | News Flash

on 10 September 2020, in Local news, News Flash, Payroll, HR and Labour Law, Romania
Read more

New amendment to the 394 statement in Romania: transactions with affiliates will have to be indicated in the form | News Flash

on 26 August 2020, in Local news, News Flash, Payroll, HR and Labour Law, Romania
Read more

The procedure for canceling the ancillary payment obligations in Romania has been published | News Flash

on 27 July 2020, in Local news, News Flash, Romania, Taxation
Read more

2020 Tax Calendar | Romania

on 28 April 2020, in Calendars, Other industries, Romania, Taxation
Read more

2020 Company Formation in Romania

on 12 February 2020, in Country guidelines and eBooks, Legal and corporate, Regional Studies, Romania
Read more

2020 Tax Guideline for Romania

on 04 February 2020, in Country guidelines and eBooks, Regional Studies, Romania, Taxation
Read more

2020 Transfer Pricing Overview for Romania

on 03 February 2020, in Country guidelines and eBooks, International transactions, Regional Studies, Romania
Read more

Annual vacation leave: Conditions for employees and businesses in CEE | eBook

on 27 December 2019, in Country guidelines and eBooks, Multi-country, Payroll, HR and Labour Law, Regional analysis / comparisons, Regional Studies
Read more

What deadlines do Romanian employers have to meet for reporting in Revisal?

on 14 October 2019, in Local news, News Flash, Romania, Taxation
Read more

Recovery of receivables in Romania

on 27 August 2019, in Legal and corporate, Local news, News Flash, Other industries, Romania
Read more

The Office Gallery project expanding to Accace Romania

on 17 July 2019, in Corporate social responsibility, CSR, Local news, Romania
Read more

Primary Sidebar

<< Back to newsroom

NEW TO THE MARKET?

Use the free consultancy delivered by our in-country experts to get you prepared.

See what is included and schedule your call now!

We only need your email

Footer

About Accace

Originally established in Central and Eastern Europe in 2006, Accace ranks among the leading outsourcing and consultancy providers in the region. Engaging over 600 experts, we have vast experience with handling small to large scale, multi-country outsourcing projects and providing a comprehensive range of our services to over 2,000 customers.

About Accace Circle

Accace operates internationally as Accace Circle, a co-created business community of like-minded BPO providers and advisors who deliver outstanding services with elevated customer experience. Covering almost 40 jurisdictions with over 2,000 professionals, we support more than 10,000 customers, mostly mid-size and international Fortune 500 companies from various sectors, and process at least 170,000 pay slips globally.

Locations and contacts | Accace Circle

Our services

Accounting and reporting
Payroll and HR administration
Tax advisory
Transaction advisory
Legal advisory
Corporate and secretarial

Our eShop

Market entry support
See full list of services

Our online portals

Accounting portal
Payroll and HR portal
T&A portal
Advisory portal

Get in touch with us

Locations and contacts
Contact us
Sign up for news
Newsroom
Careers


Follow us

Facebook LinkedIn Twitter Instagram Youtube


Accace Circle

© Accace all rights reserved | Code of conduct | General Disclaimer | Disclaimer Newsroom | Cookie policy | Privacy policy | GDPR Statement

Get free access to
valuable insights
expert knowledge

Our legislation updates make it easy for you to keep on top of the latest changes affecting your business. Receive our articles, opinions, tips, industry news, country profiles, regional overviews and studies, latest events and even more, directly into your mailbox.

Check out our Newsroom to see what is included!

We only need your email

We will send you only relevant information we consider may be of your interest and treat your personal data in compliance with our Privacy policy and GDPR statement.

Unable to subscribe?  Try this page.

This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies. Find out more.