BWBR0045662
Geldig vanaf 2021-10-01
Artikel 5.8
Legal Status (Local Employees) Regulations 2020
1. An employee may consult the occupational health service directly about work-related health problems. An employee may also request the employer to arrange for an examination by or on behalf of the occupational health service. The cost of the consultation and examination are borne by the employer.
2. The employer may instruct an employee to submit to a medical examination by the occupational health service:
a. if, in the employer’s opinion, there are good grounds for doubting that the employee is in a good state of health;
b. if the employee has proved to be no longer fully fit to perform their duties and it is necessary to ascertain whether this is due to medical factors and, if so, whether the employee may be deemed fit to perform a different job; or
c. to ascertain whether a situation exists as referred to in article 5.12 (a), (b), (c), (d), 2° or 3°.
The employee is required to cooperate with such a medical examination.
3. The employer may suspend any employee whose physical or mental condition is determined, by means of an examination as referred to in paragraphs 1 or 2, to be such that the continued performance of duties by the employee is not in the interests of the employee, of the service or of third parties involved in the performance of those duties.
2. The employer may instruct an employee to submit to a medical examination by the occupational health service:
a. if, in the employer’s opinion, there are good grounds for doubting that the employee is in a good state of health;
b. if the employee has proved to be no longer fully fit to perform their duties and it is necessary to ascertain whether this is due to medical factors and, if so, whether the employee may be deemed fit to perform a different job; or
c. to ascertain whether a situation exists as referred to in article 5.12 (a), (b), (c), (d), 2° or 3°.
The employee is required to cooperate with such a medical examination.
3. The employer may suspend any employee whose physical or mental condition is determined, by means of an examination as referred to in paragraphs 1 or 2, to be such that the continued performance of duties by the employee is not in the interests of the employee, of the service or of third parties involved in the performance of those duties.