Cancel the occupational health examination fee

If the company requires a unified physical examination, it is considered that the starting point of physical examination is to meet the company's work needs, which is a derivative demand of work and should be regarded as overtime. If the company doesn't require a physical examination, everyone will just sign up voluntarily, or even if they don't take part in this physical examination, they can choose their own physical examination time, which will not affect the follow-up work and will not be regarded as overtime.

Legal analysis

Except for toxic and harmful posts, there are no clear requirements for ordinary posts. The employing unit shall regularly carry out health examination for underage workers, and the labor law stipulates that underage workers are 16 years old to 18 years old. When employing underage working hours, the employer must have a physical examination at the expense of the employer, and then have a physical examination once a year until they reach the age of 18, 18 weeks later. If it is more than half a year since the last physical examination, they need to have a physical examination again. Ordinary workers do not need a physical examination when they terminate their labor contracts. However, when the labor contract is terminated, the employer shall arrange occupational health examination for the workers who are exposed to occupational hazards, and the expenses shall be borne by the employer. There are provisions on employee physical examination in the Labor Law, but the provisions on employee physical examination are limited to workers with occupational hazards and underage workers. For ordinary employees, the labor law does not stipulate that health examinations must be carried out. The employing unit must provide workers with labor safety and health conditions and necessary labor protection articles that meet the requirements of the state, and the workers engaged in occupational hazards shall undergo regular health examinations.

legal ground

Article 35 of the Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases shall, in accordance with the provisions of the health administrative department of the State Council, organize occupational health examinations before, during and after taking up their posts, 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.