LEGAL STATUS OF MEDICAL CERTIFICATES ON EMPLOYEES ABILITY TO WORK IN THE LIGHT OF NEW CASE LAW

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 511-524
Author(s):  
Martin Štefko

This paper deals with medical examination of employee´s ability to work. Although from a legislative-technical point of view, this regulation is considered to be successful, in practice it causes major problems in the area of assessment care, which is evidenced in particular by case law. Referencing to practice, we can state that the idea of the occupational health services provider as professional assistant of the employer in providing for the protection of employees’ occupational health has not taken hold at all. Employers justifiably ask why they should pay for a medical report giving them no legal certainty.

2021 ◽  
Vol 9 (3) ◽  
pp. 19-36
Author(s):  
Lenka Scheu ◽  
Martin Štefko

This paper deals with medical examination of employee’s ability to work. Although from a legislative-technical point of view, this regulation is considered to be successful, in practice it causes major problems in the area of assessment care, which is evidenced in particular by the case law. Referencing to practice, we can state that the idea of the occupational health services provider as professional assistant of the employer in providing for the protection of employees’ occupational health has not taken hold at all. Employers justifiably ask why they should pay for a medical report giving them no legal certainty. Employers, on the other hand, want to pay for services that give them a solid basis for further action against employees. From the analysed regulations, it is clear that the issue of health assessment and medical reports remains in some respects still gaping, both in terms of the nature of the medical report and in terms of accepting the lack of work capacity of providers of occupational health services.


1999 ◽  
Author(s):  
P. Kalliokoski ◽  
J. Kangas ◽  
M. Kotimaa ◽  
K. Louhelainen

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
M Iancheva ◽  
T Kundurzhiev ◽  
N Tzacheva ◽  
L Hristova

Abstract The study is based on the National Science Program 'eHealth in Bulgaria (e-Health)', funded by the Ministry of Education and Science. Partnership Contract No. D-01-200/16.11.2018 Issue Occupational health is closely linked to public health and health system. In Bulgaria there are many software products related to the registration and reporting of occupational health. Description of the Problem It is necessary to study all the determinants of occupational health, including the risks of diseases and accidents in the occupational environment, social and individual factors. The establishment of electronic systems for registering and monitoring both the health status of each worker and the possible hazards in the work environment is associated with the introduction and use of the occupational health record of each worker. Results The methodology for improving the module for occupational diseases in the structure of the occupational health record in Bulgaria has been developed. The classifications are in compliance with the legislation in the country and the requirements of the developing Eurostat methodology for European statistics on occupational diseases are applied. The occupational health record will serve both employers and physicians working in Occupational Health Services. Lessons The occupational disease module in the structure of the occupational health record will contribute to the statistical comparability of occupational disease data at regional and national level. Not only will the registration of the harmful factors of the working environment and the diseases related to the work process, but also the introduction of timely measures to ensure good occupational and public health. Key messages Through the occupational disease module, the structure of the occupational health record introduces the possibility of taking adequate measures to ensure good occupational health. The occupational health record will serve both employers and physicians working in Occupational Health Services.


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