Well-drafted contract of the occupational medicine will avoid problems for the employer

Experience / 19.06.2024

The Law Firm’s attorneys drafted, at the request of our clients, customized provisions to contracts for the provision of preventive health care services provided to their employees.

Initially, the problem concerned one of our clients – a large construction company operating not only in Poland, but also abroad, and then it turned out that another client – a large company operating in the geological industry – came to us with a similar problem.

The problems our clients reported to us required our attorneys to introduce into existing contracts or draft contracts provisions that would protect their interests as employers.

In the case of one of our clients, it turned out that the lack of appropriate provisions in the contract concluded with an occupational medicine unit caused a delay in informing the client about the fact that one of the employees referred for periodic examinations had not obtained a medical certificate on the lack of contraindications to work on the occupied position.

Such omission could have resulted in negative legal consequences, as allowing an employee to work without a current medical certificate is an offense against the rights of an employee threatened with a fine from PLN 1,000 to PLN 30,000.

In order to eliminate the above risk on our clients’ side, we have drafted contractual provisions imposing obligations on occupational medicine units to immediately inform employers of the fact that an examined employee has not obtained a medical certificate of no work contraindications. Our proposed changes have been fully implemented in contracts.

Solid experience in legal services for employers allows us to recommend safe legal solutions for our clients.