written by Despite the current context of the SARS-CoV-2 pandemic, in which many employers are forced to reduce their activities either partially or entirely, there are also companies whose operations continue and that need additional staff during this period, such as those in the retail, pharmaceutical, or courier service sectors.
For these companies, operational flows proceed as usual, including within the Human Resources department. Even though adapting to a “work from home” model may change dynamics and communication methods, labor legislation must continue to be respected from all perspectives. This includes the obligation to issue an occupational health certificate, based on which a person can be employed for a specific job.
By issuing this certificate, it is confirmed that the person who is about to sign the individual employment contract is fit to perform the work. However, there are employers who, during this period, neglect this requirement, or even the prospective employee does not go to the center that can provide the medical examination. This situation, in which the candidate signs the individual employment contract without presenting the occupational health certificate that proves they are fit for work, results in the absolute nullity of the employment contract.
This situation is also subject to penalties. According to Article 260 letter m) of the Labor Code, the employer’s violation of the obligations stipulated in Article 27 (the obligation to obtain the occupational health certificate for employment) and Article 119 is penalized with fines ranging from 1,500 lei to 3,000 lei.
While this medical examination is necessary for signing the employment contract (including during the state of emergency), for current employees, the results of the last periodic medical examinations and the conclusions of the occupational health doctor from the Medical Fitness Sheet remain valid until the state of emergency expires.
At the same time, major private healthcare providers that offer occupational health services do not prohibit employees who are not working from home from coming to the centers available for conducting periodic medical examinations, in order to avoid subsequent crowding.
