[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"advice-en-medical-exam-pre-employment":3},{"slug":4,"title":5,"excerpt":6,"body":7,"datePublished":8,"dateModified":8},"medical-exam-pre-employment","Pre-employment medical exam — when it is mandatory","Who must undergo a pre-employment exam, when it can be skipped and who pays. Article 229 of the Labour Code and changes to medical opinions from April 2026.","\u003Cp>Everyone hired under an employment contract (umowa o pracę) must, before the first day of work, present a current occupational medicine physician's opinion of no contraindications to work on the given post. The obligation follows from Article 229 of the Labour Code, and the cost of the exam is borne by the employer. However, the rules provide two exceptions for persons changing jobs within a short time, and from April 2026 the opinion may take an electronic form.\u003C\u002Fp>\u003Ch2>Three types of preventive examinations\u003C\u002Fh2>\u003Cp>The Labour Code distinguishes between pre-employment, periodic and check-up examinations. Each is carried out on the basis of a referral issued by the employer.\u003C\u002Fp>\u003Ctable>\u003Cthead>\u003Ctr>\u003Cth>Exam\u003C\u002Fth>\u003Cth>When\u003C\u002Fth>\u003C\u002Ftr>\u003C\u002Fthead>\u003Ctbody>\u003Ctr>\u003Ctd>Pre-employment\u003C\u002Ftd>\u003Ctd>before being hired; also when a minor is moved to another post and when another employee is moved to a post with harmful factors or burdensome conditions\u003C\u002Ftd>\u003C\u002Ftr>\u003Ctr>\u003Ctd>Periodic\u003C\u002Ftd>\u003Ctd>during employment, with the frequency set by the doctor on the basis of implementing regulations\u003C\u002Ftd>\u003C\u002Ftr>\u003Ctr>\u003Ctd>Check-up\u003C\u002Ftd>\u003Ctd>after incapacity for work due to illness lasting more than 30 days, before returning to the post\u003C\u002Ftd>\u003C\u002Ftr>\u003C\u002Ftbody>\u003C\u002Ftable>\u003Cp>This article mainly concerns pre-employment exams, as they most often raise questions when hiring new people.\u003C\u002Fp>\u003Ch2>When a pre-employment exam is not needed\u003C\u002Fh2>\u003Cp>Article 229 § 1¹ of the Labour Code exempts two groups from pre-employment exams:\u003C\u002Fp>\u003Cul>\u003Cli>\u003Cstrong>Return to the same employer\u003C\u002Fstrong> within 30 days of termination or expiry of the previous contract, to the same post or a post with the same working conditions.\u003C\u002Fli>\u003Cli>\u003Cstrong>Transfer to another employer\u003C\u002Fstrong> within 30 days of ending the previous employment, if the candidate has a current opinion and the new employer finds that the conditions described in the previous referral correspond to the conditions on the new post.\u003C\u002Fli>\u003C\u002Ful>\u003Cp>The second exception does not cover particularly dangerous work — the exam must then always be performed. The same rule applies when someone takes a second job while remaining employed by another employer.\u003C\u002Fp>\u003Cp>When using the exception, the employer should ask the candidate for both the opinion and the referral on which basis it was issued. If the comparison turns out negative, both documents are returned to the candidate and a new referral is issued.\u003C\u002Fp>\u003Ch2>Referral, opinion and costs\u003C\u002Fh2>\u003Cp>The referral is prepared by the employer. It describes the post and the harmful or burdensome factors present on it, because the doctor rules only in relation to the conditions in the referral. A vague referral means the risk that the opinion will not cover the employee's actual duties.\u003C\u002Fp>\u003Cp>The main rules:\u003C\u002Fp>\u003Cul>\u003Cli>Pre-employment, periodic and check-up exams are financed by the employer; the candidate cannot be charged for them.\u003C\u002Fli>\u003Cli>The employer cannot let a person without a current opinion start work, even for a single trial day under an employment contract.\u003C\u002Fli>\u003Cli>The employee has the duty to undergo the required exams (Article 211(5) of the Labour Code).\u003C\u002Fli>\u003Cli>Periodic and check-up exams are carried out, where possible, during working hours, with pay retained and travel costs to another town reimbursed.\u003C\u002Fli>\u003Cli>The employer keeps the referrals and opinions in the employee's personal file.\u003C\u002Fli>\u003C\u002Ful>\u003Ch2>What changed in 2026\u003C\u002Fh2>\u003Cp>The Minister of Health's regulation of 20 March 2026, which entered into force in April 2026, changed the rules on preventive exams on three practical points:\u003C\u002Fp>\u003Col>\u003Cli>\u003Cstrong>Electronic opinion.\u003C\u002Fstrong> The doctor may issue the opinion in electronic form. The employee then receives it on the Internet Patient Account, and on request also as a printout signed by the doctor.\u003C\u002Fli>\u003Cli>\u003Cstrong>Health recommendations.\u003C\u002Fstrong> If the doctor considers it justified, they give the examined person individual health-promoting recommendations, covering also matters unrelated to the work.\u003C\u002Fli>\u003Cli>\u003Cstrong>Data of a person without a PESEL.\u003C\u002Fstrong> The opinion for a foreigner who does not yet have a PESEL number contains the series, number and name of the identity document and its country of issue.\u003C\u002Fli>\u003C\u002Fol>\u003Cp>An opinion is subject to appeal — by both the employee and the employer. The appeal is filed in writing, with reasons, within 7 days of receiving the opinion, through the occupational medicine facility that issued the opinion. The re-examination is carried out, among others, by a voivodeship occupational medicine centre.\u003C\u002Fp>\u003Ch2>Mandate contract and B2B cooperation\u003C\u002Fh2>\u003Cp>Article 229 of the Labour Code concerns persons hired within an employment relationship. Mandate contractors (umowa zlecenie) and entrepreneurs cooperating on a B2B basis are not directly covered, though the principal must still provide them with safe working conditions. The obligation of exams or opinions may, however, follow from special rules, e.g. for work with food, and some companies require them contractually. The differences between forms of employment are explained in the article \u003Ca href=\"\u002Fen\u002Fadvice\u002Fwhat-is-umowa-o-prace-employment-contract\">Employment contract — what is worth knowing\u003C\u002Fa>.\u003C\u002Fp>\u003Ch2>Consequences of letting someone work without an opinion\u003C\u002Fh2>\u003Cp>Letting an employee start work without a valid opinion is a breach of occupational health and safety rules. For failure to comply with these rules the Labour Code provides a fine from PLN 2,000 to PLN 60,000 (Article 283 § 1). The lack of exams also makes it harder for the employer to defend themselves in case of a work accident, because it undermines the claim that the employee was fit to perform the entrusted tasks.\u003C\u002Fp>\u003Ch2>Checklist for the employer\u003C\u002Fh2>\u003Col>\u003Cli>Check whether the candidate falls under one of the exceptions (30 days, same conditions, no particularly dangerous work).\u003C\u002Fli>\u003Cli>If not, issue a referral with a full description of the post and harmful factors.\u003C\u002Fli>\u003Cli>Make sure you have a contract with an occupational medicine facility and know how opinions are transmitted.\u003C\u002Fli>\u003Cli>Let the candidate start work only after receiving an opinion with no contraindications.\u003C\u002Fli>\u003Cli>Note the date of the next periodic exam indicated in the opinion.\u003C\u002Fli>\u003Cli>Watch check-up exams after sick leave longer than 30 days.\u003C\u002Fli>\u003C\u002Fol>\u003Ch2>How Good Balance can help\u003C\u002Fh2>\u003Cp>We prepare referrals, watch the deadlines of periodic and check-up exams and keep the complete employee documentation as part of the \u003Ca href=\"\u002Fen\u002Fservices\u002Fhr\u002Femployees\">employee HR\u003C\u002Fa> service. In atypical situations, e.g. hiring foreigners described in the guide \u003Ca href=\"\u002Fen\u002Fadvice\u002Femploying-foreigners-overview\">hiring foreigners in Poland\u003C\u002Fa>, we advise as part of \u003Ca href=\"\u002Fen\u002Fservices\u002Fhr\u002Fadvicing\">HR advisory\u003C\u002Fa>.\u003C\u002Fp>","2026-10-10"]