Does the employee retain the right to remuneration in a situation where  performs control medical check up outside the agreed working hours? Such practical doubts are reported by clients of the PRWT accounting office.

The rule resulting from Art. 229 par. 3 of the Polish Labor Code, is that the employee should if possible do periodic and control medical check up during working hours and for the time spending on this medical chcek up employee should retains the renumeration. In addition, the employee retains the right to reimbursement of travel expenses for the purpose of carrying out the research if the research takes place in another city.

Let us assume, however, that a situation has arisen in which, contrary to the recommendation contained in the above-mentioned regulation the employee underwent control mediacal check uo outside working hours (due to e.g. night work or other logistical reasons), in such a situation should the time allocated for the mediacal check up  be included in the employee’s working time?

The provision uses the word “as far as possible”. If it is not possible to arrange examinations during working hours, the time spent on medical examinations prior to the commencement of working time is not included in the working time. On the other hand, if an employee spends part of the time devoted to research before work, and some already during working hours, then, of course, the part of the time that falls within his working hours is included in his working time.