If there are occupational hazards in the post of employees, the unit must arrange for the employees to have a physical examination when terminating the labor relationship with the unit. If there is no occupational hazard, a physical examination is not required. It is best for employees to do this to avoid other disputes after leaving the company because of occupational diseases. This kind of physical examination is the obligation of the unit, and employees should be informed that they have received a physical examination after work in the hospital on a certain day. Overdue is regarded as giving up. Keep the evidence received at your own risk, mainly the evidence received by employees.
The employing unit shall not dissolve or terminate the labor contract with the employee who has not undergone the occupational health examination when leaving the post. Workers who voluntarily give up the occupational health examination or reexamination and have a written statement can be regarded as giving up this right. However, the employer's occupational health supervision responsibility cannot be exempted. The inspection results have legal effect, and the employer shall truthfully inform the workers of the results and conclusions of the physical examination, attach great importance to the occupational contraindications and suspected occupational diseases in the inspection conclusions, and deal with them according to the requirements in the inspection report.
Who will bear the cost of leaving the medical examination?
1, those who engage in occupational hazards must have a physical examination. This is also to prove whether you are healthy or damaged when you leave your job, so it is easy to distinguish the responsibilities. Therefore, the expenses should be borne by the employer.
2. Employees who undergo occupational disease physical examination after leaving the company should be paid.
3. The physical examination of occupational diseases after leaving the company is mainly to prove the occupational diseases that employees did not have during their employment. Moreover, the state also requires units to do occupational disease physical examination when employees enter, work and leave.
legal ground
Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases
Article 35
For workers exposed to occupational hazards, the employing unit shall organize occupational health examinations before, during and after taking up their posts in accordance with the provisions of the administrative department of health of the State Council, and inform the workers of the examination results in writing. The expenses for occupational health examination shall be borne by the employer. The employer shall not arrange for workers who have not received occupational health examination before taking up their posts to engage in operations that are exposed to occupational hazards; Workers with occupational taboos shall not be arranged to engage in operations that are taboo; Workers who are found to have occupational-related health damage during occupational health examination shall be transferred from their original posts and properly placed; Laborers who have not undergone occupational health examination before leaving their posts may not dissolve or terminate their labor contracts. The occupational health examination shall be undertaken by the medical and health institutions that have obtained the Practice License of Medical Institutions. The administrative department of health shall strengthen the standardized management of occupational health examination, and the specific management measures shall be formulated by the administrative department of health of the State Council.