Medical examination of employees: violations and penalties

According to Art. 159 of the Code of Labor Laws and Art. 14 of the Law "On Labor Protection", the employee is obliged to undergo preliminary and periodic medical examinations in accordance with the established procedure and bears direct responsibility for the violation of the specified requirements.

For violation of such requirements of Art. 41 of the Code of Administrative Offenses of Ukraine establishes the imposition of a fine as punishment:

• for employees - from 4 to 10 tax-free minimum incomes of citizens,
• and for officials of enterprises, institutions, organizations regardless of the form of ownership and citizens-subjects of entrepreneurial activity - from 20 to 40 tax-free minimum incomes of citizens.

In addition, Art. 43 of the Law "On Labor Protection" establishes that the payment of a fine does not exempt a legal entity or an individual, who, in accordance with the law, uses hired labor, from eliminating the detected violations within the specified time.

Additionally, it should not be forgotten that in the event that failure to conduct medical examinations results in damage to the employee's health, the manager may be held criminally liable under Art. 271 "Violation of the requirements of labor protection legislation" of the CCU.