According to the Law no. 53/2003 – Labor Code, republished, with subsequent amendments and additions, a person can be hired only on the basis of a certificate of aptitude, which states that the person in question is fit for the performance of that work.
Failure to comply with this provision renders the individual employment contract null and void.
The Labor Code also specifies that it is forbidden to request a pregnancy test on recruitment, and failure to comply with the provisions is penalized.
The occupational health doctor is the one who approves the employment and draws up the medical file at the time of employment. The opinion is given on the basis of clinical and paraclinical investigations, according to certain criteria depending on the occupation in which the person is employed and his/her age.
The check-up is free of charge and compulsory for the employee and determines whether the worker is fit before being assigned to work or whether he/she should be given specific tasks that would not pose a danger to his/her health or that of others.
Sometimes, in certain professions, psychological testing and assessment is also necessary.
For people who are employed in certain fields (public catering, health, waterworks, education, zootechnics, some public services, public activities), additional medical investigations are carried out at the time of recruitment.
The aptitude test is also compulsory if the employee’s activity has been interrupted for more than six months, as well as in the case of apprentices, pupils and students in the institution where they are to be trained in trades and professions, and in the event of a change of occupation during training; or when changing occupation and place of work.
The occupational physician will carry out periodic check-ups at intervals that vary depending on the profile of the activity, working conditions, medical history, chronic or occupational diseases of the employee, to confirm whether the employee is still fit or has lost his or her aptitude.
In addition to these examinations on recruitment, the occupational physician carries out periodic and other types of medical check-ups.