Employee Refused Medical Examination: Can He Be Left Without Salary
An employee who evades undergoing a mandatory medical examination cannot be allowed to work by the employer. In such a case, the employee must be suspended from performing duties without pay and may also be subjected to disciplinary action.
When Medical Examination Is Mandatory
The State Labor Service explained whether an employer can allow an employee to work if they evade undergoing a mandatory medical examination.
This question was raised to the chief state inspector during a seminar held at one of the industrial enterprises in Kropyvnytskyi.
Experts noted that if working conditions are classified as class 3, i.e., harmful, undergoing a medical examination is mandatory for the employee.
What the Employer Must Do
In case of refusal or evasion by the employee to undergo a mandatory medical examination, the employer has the right, in accordance with the law, to subject the employee to disciplinary liability.
Moreover, the employer is obliged to suspend such an employee from work without salary retention.
The basis for this is Article 46 of the Labor Code of Ukraine, Article 17 of the Law of Ukraine "On Labor Protection," as well as clause 19 of section III of the Procedure for organizing and conducting mandatory medical examinations of certain categories of employees, approved by the order of the Ministry of Health of Ukraine dated September 8, 2025, No. 1393.
Risks Highlighted to Employers
During the seminar, issues of preventing occupational diseases among employees in the machine-building industry were also discussed.
Experts drew attention to the main harmful production factors that most often occur at such enterprises. Among them are:
- increased levels of industrial noise;
- local and general vibration;
- elevated air temperature in production premises;
- lifting and moving loads;
- prolonged stay in forced posture;
- presence of chemical substances in the working area air, including paints and solvents used during the technological process.
How to Prevent Occupational Diseases
The State Labor Service emphasized that timely identification of harmful production factors and the application of a set of measures to reduce their impact on employees makes it possible to prevent the development of acute occupational poisonings and chronic occupational diseases.
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