Health and rest are part of health and safety. A tired or ill employee is more likely to have an accident. The law says when you must see a doctor and how much rest you are entitled to.
Preventive medical examinations (Article 229)
There are three kinds of examination. All are carried out by a doctor on the basis of a referral issued by the employer.
- Initial examinations. People being hired take them. So do employees moved to workstations with harmful or burdensome factors.
- Periodic examinations. The employee takes them regularly. The doctor sets the date in the medical certificate.
- Follow-up examinations. They are carried out after an illness lasting longer than 30 days. The doctor checks whether you can continue working at your current workstation.
Exception to initial examinations
Initial examinations are not required when you return to the same employer, to the same workstation, within 30 days of the previous contract. With a different employer they can also be skipped within 30 days, but only if you have a valid medical certificate for the same working conditions. This does not apply to particularly dangerous work.
The medical certificate
The doctor issues a certificate saying whether there are any contraindications to work at that workstation. The employer must not allow you to work without a valid certificate stating no contraindications (Article 229 § 4). Keep your copy. The employer also keeps the certificates.
Tell the doctor the truth about your health and about the work you will do. This protects you.
Who pays
The employer. Initial, periodic and follow-up examinations are at the employer's expense (Article 229 § 6). Periodic and follow-up examinations take place, where possible, during working hours. You keep your pay for the time of the examinations, and if you have to travel to another town, your travel costs are reimbursed.
Working time: basic rules
The Labour Code rules protect you from overwork.
- Working time norm (Article 129): no more than 8 hours a day and on average 40 hours a week in the adopted settlement period. This is usually up to 4 months, and in justified cases longer.
- Daily rest (Article 132): at least 11 hours of uninterrupted rest in every 24 hours.
- Weekly rest (Article 133): at least 35 hours of uninterrupted rest per week. It should fall on a Sunday, but there are exceptions.
- Break at work (Article 134): if your daily working time is at least 6 hours, you are entitled to a break of at least 15 minutes. The break counts as working time. If the working day is longer than 9 hours, you are entitled to a second such break.
- Working time schedule (Article 129 § 3): the employer gives it to you at least one week before the start of the period it covers.
There are working time systems in which the daily limit may be longer, for example the equivalent system. The rest rules still apply, and the employer must set the schedule in line with the law.
Why this matters for health and safety
- Work without breaks and without rest increases mistakes. Fatigue is a common cause of accidents.
- Working at a workstation without a valid certificate means nobody has checked whether you can work there safely.
- If you feel that your working time breaks the law, you can report it to your supervisor or to PIP.
Key points
- Without a current medical certificate, the employer cannot allow you to work.
- Initial, periodic and follow-up examinations are at the employer's expense.
- Follow-up examinations: after an illness longer than 30 days.
- Rest: 11 hours a day, 35 hours a week, a 15-minute break for work of at least 6 hours.