Pre-employment medical examination and periodic medical examinations

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Summary:

Anyone who is newly hired by a business must undergo a medical examination to determine whether they are fit to perform the job they have been hired for.

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A newly hired person (hereinafter, the 'employee') must undergo a medical examination by an occupational health practitioner from the health service with which their new business (hereinafter, the 'employer') is affiliated. The practitioner will determine whether the employee's health allows them to perform the job in question.

This medical examination is compulsory, regardless of the nature of the job in question (i.e. office work, industrial or construction work, etc.).

It is the employer's responsibility to request this medical examination, and in certain cases, they must also organise periodic medical examinations after the employee is hired.

Who is concerned

Pre-employment medical examination

The pre-employment medical examination is required for:

  • any employee – including trainees and apprentices – who has signed or is about to sign an employment contract with a new employer. This also applies to students who have an employment contract, and student trainees undergoing training, if they are required to perform hazardous tasks;
  • any employer that has signed or is about to sign an employment contract with a new employee.

Additional medical examinations

Periodic medical examinations are mandatory only for employees who satisfy the following conditions:

  • be under the age of 21;
  • be required to perform hazardous tasks;
  • work nights;
  • based on the outcome of their pre-employment medical examination, the occupational health practitioner is of the view that they should undergo periodic medical examinations.

The frequency of these examinations ranges from every 6 months to every 5 years, depending on the employee's job.

Depending on the employee's personal circumstances, they may be requested regularly by:

  • the employer;
  • the occupational health practitioner;
  • the employee;
  • the staff delegation.

Prerequisites

The employer must be affiliated with an occupational health service, or have their own service that will perform the medical examinations.

The main occupational health services are:

Deadlines

The employee must undergo the medical examination no later than 2 months after starting the new job.

Employees who work nights, or people hired for a hazardous job, must undergo the pre-employment medical examination before starting the new job.

Costs

The employer will pay the health service a contribution that includes the cost of organising the medical examination.

These mandatory medical examinations are deemed to be actual work and must therefore take place during the employees' working hours.

If the medical examination takes place outside the employee's working hours, the employer must pay or compensate the employee.

How to proceed

Booking a medical examination

To schedule the medical examination, you must apply for a medical examination with your occupational health service. The application may be filed directly online on your health service's website, which supports user authentication.

If you are a member of:

  • the Industrial Occupational Health Service (STI), click here;
  • the Occupational Health Association for the Tertiary and the Financial Sector (ASTF), click here;
  • the Multi-Sector Occupational Health Service (SMT), you must fill out the form available on this website.

After receiving your application, the health service will send you the date and time of your employee's appointment. It is then your responsibility to inform your employee of the date and time of their appointment.

Special cases

If your employee is returning to work after an uninterrupted absence lasting more than 6 weeks due to illness or an accident, you must inform the occupational health practitioner that the employee is returning to work. Your employee may then be required to undergo a new examination if the occupational health practitioner deems it necessary.

If your employee underwent a pre-employment medical examination for one position and is then assigned to another position that entails new health hazards, you must inform the occupational health practitioner. The health practitioner will then decide whether it is necessary for the employee to undergo a new medical examination.

If your employee has just changed employers, their former employer may, with the employee's consent, forward the report on their last medical examination to the occupational health service with which you are affiliated.

Your medical examination

The medical examination performed by the occupational health practitioner will take place either:

  • at the offices of the occupational health service that your employer is affiliated with; or
  • at your employer's facilities, if the health practitioner can travel there.

Please make sure to contact the occupational health service before the examination to find out which documents you will need to bring with you.

In general, you will need to bring the following documents:

  • your identity card or residence permit;
  • your Luxembourg social security card;
  • your health record or vaccination card;
  • your glasses, if you wear glasses for your work or recreational activities.

The medical examination includes several components, which depend on your medical history and the risks you will be exposed to.

However, all medical examinations include:

  • an eye test, tailored to the type of work to be performed (work on a computer monitor, truck driver, etc.);
  • a physical examination (blood pressure, examination of the spinal column, heart and lung auscultation, etc.);
  • a hearing test in the event of exposure to noise, or if the practitioner deems it necessary.

HIV/AIDS tests are prohibited.

Results of the medical examination

Within 3 days of the examination or receipt of additional examination results, the occupational health practitioner will issue a decision on the employee's fitness or lack of fitness for the job.

In issuing their decision, they may also include restrictions and comments regarding the job. However, no diagnoses will be shared with the employer (medical confidentiality).

Fit for work

If the employee is deemed fit for work, the practitioner will prepare a medical examination report in triplicate, with a copy each for:

  • the employee;
  • the employer;
  • the practitioner, to keep in the employee's medical file with the occupational health service.

The information contained in the medical examination report includes:

  • the date of the examination;
  • the time of the examination;
  • how long the employee's fitness assessment is valid for, if the business is affiliated with the Multi-Sector Occupational Health Service (STM).

Employers affiliated with the STM must file a new application for a medical examination for their employee with the STM before the date on which the employee's fitness assessment expires.

Unfit for work in the new position

Unless there is an immediate threat to the employee or to third parties, the practitioner may not declare the employee unfit for their job without first having investigated the nature of the job and working conditions, and without having examined the employee again 2 weeks after the examination.

If the employee is deemed unfit for work, the practitioner will forward, to both the employee and the employer, by registered letter, the report in which they declare that the employee is unfit to work, and which specifies the procedures and deadlines for appeal.

When the medical examination is scheduled to take place after the employee is hired, the conclusion of the employment contract is subject to the outcome of the examination. This means that if the employee is deemed unfit for the position, the employment contract will terminate automatically.

Unfit for work in the current position

If the employee is declared unfit for work following a periodic medical examination performed during the term of the contract, their employer may no longer employ them in this position.

If the occupational health practitioner declares the employee unfit to hold their current position, there are several options open to the practitioner, depending on the situation:

  • they must refer the matter to the joint committee if:
    • the business employs 25 or more workers; and
    • the employee has a certificate of fitness for work, or has been working in the business for at least 3 years;
  • they may, with the employee's consent, refer the matter to the joint committee if:
    • the business employs fewer than 25 workers; and
    • the employee has a certificate of fitness for work, or has been working in the business for at least 3 years;
  • they may not refer the matter to the joint committee with the aim of an internal job redeployment if the employee:
    •  does not have a certificate of fitness for work; and
    • has been working in the business for less than 3 years.

In this last case, the employer must, if possible, assign the employee who has been declared unfit for their position to another job. If this is not possible, the employer may dismiss the employee with notice. However, the employer must be able to prove that they cannot continue to employ the worker.

Referral to the joint committee

The relevant occupational health practitioner will send their assessment to the joint committee and formally refer the case to the latter. The practitioner will notify both the employer and the employee that they have done so.

The joint committee will then decide on the internal or external job redeployment of the employee.

Good to know

If the business employs 25 or more workers on the date on which the case is referred to the joint committee, the business must propose an internal job redeployment.

Appeals

Step 1

The employer and/or employee may dispute the occupational health practitioner's decision within 40 days of being notified of the practitioner's decision.

To do so, they must file a petition for re-examination with the chief medical officer of the occupational health division of the Health Directorate (Direction de la santé).

Step 2

If the petitioning party(-ies) disagree(s) with the chief medical officer's decision, an appeal may be lodged with the Social Security Arbitration Tribunal (Conseil arbitral de la sécurité sociale – CASS).

Step 3

It is then possible to lodge an appeal of the ruling issued by the CASS with the High Council of Social Security (Conseil supérieur de la sécurité sociale).

All appeals must be sent or submitted:

  • to the court of competent jurisdiction;
  • in the form of a written petition, in as many copies as there are parties involved;
  • within 40 days of being notified of the decision or judgment.

After this deadline, appeals are not admissible and the decision is final.

Criminal penalties

The employer must comply with the provisions applicable to pre-employment medical examinations. If they fail to do so, they may be sentenced to a prison term of between 8 days and 6 months, and/or a fine of between EUR 251 and EUR 25,000.

Online services and forms

Downloadable forms

Note: view tips for using PDF forms.

Employer’s application form - STI

Other language(s)

Online services

Demande patronale d’examen médical - ASTF

Accès privilégié membres - STI

Who to contact

2 of 5 bodies shown

  • Occupational Health Service for the Industry (STI)

    Address:

  • Occupational Health Service for the Industry (STI) STI Ettelbruck

    Address:
    2, rue Félicie Schlesser L-9072 Ettelbruck
    Phone:
    (+352) 80 98 70
    Fax:
    (+352) 26 80 08 68
    Email address:
    sti.nord@sti.lu
    Website:
    https://www.sti.lu/

  • Occupational Health Service for the Industry (STI) STI Kockelscheuer

    Address:
    15, rue de l’Innovation L-1896 Kockelscheuer
    B.P. 326, L-2013 Luxembourg
    Phone:
    (+352) 26 00 61
    Fax:
    (+352) 26 00 67 77
    Email address:
    sti.centre@sti.lu
    Website:
    https://www.sti.lu/

2 of 3 bodies shown

Occupational Health Association for the Tertiary and the Financial Sector (ASTF)

Address:
15-17, avenue Gaston Diderich L-1420 Luxembourg
Phone:
(+352) 22 80 90 1
Email address:
accueil@astf.lu
Website:
https://www.astf.lu/

Related procedures and links

Procedures

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Further information

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