Changes to compulsory medical checks (update)

At a glance

Update: 26 September 2024

• The government has recently published a list of exposures where occupational medical checks remain compulsory. This list includes, amongst other things, manual lifting, high exposure to extreme working climate (which includes both hot and cold conditions), noise, and night work.  
• Employers who opt to continue occupational medical checks voluntarily must also adapt their processes from a data protection perspective.
• According to the latest guidance from the Hungarian Data Protection Authority, the legal basis for data processing in such cases may be the legitimate interest of the employer.
• This is subject to a legitimate interest test, which should demonstrate that the employer’s interest in processing employee data does not override the employees’ privacy rights.
• Currently, employers are obliged to complete regular medical checks of employees.
• From 1 September 2024, employers in Hungary will no longer have to carry out compulsory medical checks.
• Employers will however have the right to continue to conduct medical checks if they feel it is necessary.

Currently, employers are obliged to complete regular medical checks of employees. This applies to employees in all positions, and employment can only commence upon completion of a medical examination. Further medical checks must then take place on a regular basis. The employer is also responsible for bearing the costs of these checks.

To reduce the administrative and financial burden of employers, the government has abolished the general obligations as set out above. This will apply from 1 September 2024. However, the government has reserved the right to define job positions and occupations where mandatory medical examination will remain compulsory. Employers will also have the right to continue these checks if they choose to.

Trade unions have stipulated serious concerns with this legislation for fear of workplace safety being reduced.

Although the intended changes may be considered as a relief by some employers, it is important to note that employers remain fully liable for health and safety in the workplace. This includes the obligation of employers to ensure that work is only carried out by employees when they are fit to complete the work. Employers also have quite an extensive liability for occupational disease suffered by employees during their employment. These aspects may encourage certain employers to continue to conduct prior medical check for their employees, since this may help them to keep their liability for health and safety incidents under control.