In December 2023, Parliament adopted a law amendment that changes the obligation for employers in Hungary to ensure a fitness for work test from 1 September 2024. But will everyone really no longer have to undergo this fitness for work test?
Current legislation
Under the current legislation in force, namely Section 49 (1) of Act XCIII of 1993 on Occupational Health and Safety, employers are obliged to reach decisions on all their employees’ fitness for work based on a medical examination. Such a fitness for work test must be completed before starting work and at regular intervals thereafter.
What is the change?
As detailed in Act CIX of 2023 that was promulgated on 23 December 2023, the change means that from September 2024, not all employees will require an occupational physician’s opinion, i.e. a fitness for work test will not be mandatory for everyone. The government was empowered to define in a separate decree the jobs and occupations for which this obligation will remain. The law also permits employers to decide at their own discretion whether to continue requiring this medical examination.
So contrary to the initial interpretations, the fact that “the compulsory medical examination regarding the fitness for work test is to be generally abolished” does not mean that the fitness for work test will be abolished in general, i.e. for all jobs and all employees, it only means that the range of occupations to which it applies is being narrowed.
The aim of the legislation is to reduce the administrative burden by removing the need for a fitness for work test in jobs where there is neither any physical nor psychological strain on the worker.
What do employers need to do now?
At the time of writing, the list of jobs where the mandatory fitness to work test will still apply has not yet been published. So if they want to keep it only for the prescribed jobs, employers are not likely to have a lot of time to prepare. UPDATE! On 21 August 2024, the draft regulation on the occupations for which aptitude tests remain compulsory was published. The draft does not contain specific occupations, but risk factors (e.g. accident hazards, noise exposure, night work, etc.) that justify a medical examination. The draft was submitted for public consultation until 29 August, after which the final version is expected to be adopted.
At the same time, when deciding whether or not to abolish the tests for non-mandatory jobs, it is worth bearing in mind that other elements of the occupational health & safety law have not been amended, so the employer is still responsible for ensuring that employees are employed in a way that does not adversely affect their health, physical and mental well-being, or that of others, and employees are not engaged in work for which they are not medically fit.
Given that employers do not have an accurate picture of an employee’s state of health, and typically do not have the knowledge to assess fitness for work, it may be worthwhile continuing with the testing regime.
Not only does this help employers by involving a professional in making the right decisions, but regular medical examinations can also help employees identify potential health risks early.
What do we recommend if abolishing the fitness for work test?
Even if an employer in Hungary decides that such a medical examination is not required, it should still consider using the resources freed up in this way to promote the good health of employees. This will both reduce absences for sickness and increase employee satisfaction and loyalty.
Our experience shows that there is a growing demand from employees for employers to contribute to their healthy living, to support healthy lifestyles and possibly to support health expenditure. This support can take on many forms, tailored to the needs and means of the given company. The most common solutions include contributions to health funds, health insurance, training to promote healthy lifestyles and support for sports activities, but there are many other options available today.
Although many people reading the news that appeared when the amendment was adopted were happy to see the abolition of the compulsory fitness for work test, which often just seemed like extra unnecessary administration, we advise our clients to make their decision after having read the detailed rules and taking the above into consideration. Our HR services division will be happy to assess your company’s situation and give you tailored advice.
