As of 1 September, the Hungarian Labour Code and the Occupational Health and Safety Act have been amended so that the decision to carry out a medical fitness-for-work examination is now left to a specific legal provision or to the employer’s discretion.
The adoption of the amendments to the implementing legislation of these laws is still pending, so it is not yet clear which jobs, which pose a particular risk to health, will continue to be subject to a medical fitness test.
The aim of the amendment is to reduce the administrative burden and costs for employers, while increasing competitiveness and administrative efficiency.
Trade unions are – of course – strongly opposed to the proposal, as they believe that compulsory occupational health examinations should be maintained for all jobs, as even office workers are exposed to a number of health risks.
There are also a number of unclear questions about the new legislation from the point of view of labour law. Employers may be disadvantaged if they are not aware of the health status of their employees and employ workers who may be unfit for the job, as failure to ensure healthy and safe working conditions could lead to an accident at work for which the employer could be liable.
