Obowiązek poddania się badaniom lekarskim przez pracowników i kandydatów do pracy, a wolność wyrażenia zgody przez pacjenta
The obligation of employees and job applicants to undergo medical examinations, and the freedom to express consent by patients

Summary/Abstract: Article 229 of the labor code stipulates that an employee or an applicant to a given position cannot perform work unless they can produce a valid medical certificate. It is incumbent on the employer to send an employee for preliminary medical examinations, check-ups and periodic examinations and pay for them. The purpose of this provision is to ensure care for employees’ lives and health. The said article neglects, however, the issue of employee consent to undergo medical examinations. This gives rise to the following concerns: 1. does this regulation result in restricting the right to express consent to undergo preliminary medical examinations, check-ups and periodic examinations, and 2. does prohibiting people failing to produce a medical certificate confirming that there are no contraindications for their performance of a given job restrict their freedom to express or withhold their consent to undergo prophylactic medical examinations.

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