January 5, 2017.
The much-maligned El Khomri law entered into force last July, but it was not until the 1er January 2017 that the compulsory hiring medical examination is no longer required. What other changes to expect in health.
Changes in medical visits
Since 1er January, employers are no longer required to require their employees to have a pre-employment medical examination. The Labor Law has in fact replaced it with a prevention and awareness-raising visit, which must be carried out within 3 months after taking up the post. and then every 5 years. The purpose of these visits is to provide the employer with information on the state of health of the employees, but also to inform the employee about the possible risks to which his workstation exposes him.
Employees who have jobs at risk, those who are in contact with carcinogenic or toxic agents for example, will now be able to benefit from a second medical examination during the first 2 years after taking up their position and then every 3 years. As for underage employees working at night, they will benefit from an information visit before starting their work. and will redo one every 3 years.
Free up time for occupational physicians
If the employee was in conflict with the doctor during the visit, if for example the doctor declares that an employee is unfit for a position and the employee feels capable of fulfilling his mission, the latter may turn to the industrial tribunal in order to obtain the appointment of another doctor. But this recourse can only be done within 15 days.
This reduction in the number of medical visits should allow occupational physicians to no longer waste time with employees in good shape, who do not need their service and concentrate their efforts on the employee’s suitability for his position, in particular after maternity leave or sick leave. In the event of the employee’s incapacity, the employer will be obliged to seek reclassification possibilities.
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