Medical examinations

Medical examinations conducted by occupational physicians working for the Occupational Health Service (Service de santé au travail - SST)

Pre-employment examinations

Anyone who has been offered a new job must undergo a pre-employment medical examination conducted by an occupational physician.

If the pre-employment medical examination takes place after the candidate is hired, the employment contract will be concluded subject to the terms of a 'resolutory' (cancellation) clause.

If the terms of the cancellation clause are fulfilled, the employment contract will be lawfully terminated, on the grounds that the candidate was declared unfit for the job in question based on the outcome of the pre-employment medical examination.

Labour Code Art. L. 326-1.

Regular check-ups

The following employees are subject to regular medical check-ups:

1. employees under the age of 21;
2. employees working in hazardous jobs;
3. employees for whom, at the time of the pre-employment examination, the occupational physician was of the view that they should undergo regular check-ups;
4. night workers.

The frequency of the examinations is set by Grand-Ducal Regulation:

Labour Code Art. L. 326-3, L. 326-4, L. 211-14.

Return-to-work examinations

If an employee returns to work after an uninterrupted absence of more than six weeks due to an illness or accident, the employer has a duty to notify the occupational physician.

Labour Code Art. L. 326-6.

Medical examinations at the employer's, the employee's or the occupational physician's request

If deemed necessary, owing to the employee's state of health, the specific conditions of their jobs, or health-related incidents within the company, the occupational physician may, at the employer's, the employee's or the staff delegation's request, conduct medical examinations other than those provided for in Article L. 326-3.

Labour Code Art. L. 326-5.

Examinations undertaken as part of a job redeployment procedure

Job redeployment (internal or external) is intended for employees who are no longer able to perform the tasks required of them in their previous job due to health reasons, disability or bodily wear and tear, but who are not covered under the disability scheme. The aim of redeployment is to facilitate the employee's professional reintegration. The employee can be redeployed internally or externally to another position, or to another work regime suited to their residual capacities.

Labour Code Art. L. 326-9, 551-1 et seq., 552-1 et seq.

Medical examinations conducted by occupational physicians working for the Health Directorate's Occupational Health Department

If the occupational physician considers an employee unfit for a job, both the employee and the employer may file a request for re-examination with the Physician in Chief in the Health Directorate's Occupational Health Department.

Labour Code Art. L. 326-9, 327-1.