Are Medical Examinations Required for Mandate Contracts in Poland?

Let us start by answering the question: what is the difference between a mandate contract and an employment contract?

Employment contract vs. mandate contract – key differences

Under an employment contract, the employer has an absolute obligation to send employees for medical examinations. A mandate contract, unlike an employment contract, is not performed under the employer’s direction, and there is no requirement to specify the place of performance — which means this form of work is characterised by considerable flexibility and autonomy. So… are medical examinations required under a mandate contract, and are they mandatory for contractors?

What does the Labour Code say about medical examinations?

The Labour Code clearly stipulates that the employer should ensure safe and hygienic working conditions for individuals performing work on a basis other than an employment relationship at the employer’s premises or at a location designated by the employer (Article 304 of the Labour Code).

This provision clearly indicates that safe conditions must be ensured not only for employees but also for contractors.

However, this does not mean that the principal must necessarily send the contractor for medical examinations — rather, it indicates that contractors are also exposed to work-related risks and should perform their work under appropriate conditions.

Are medical examinations required under a mandate contract?

Although the regulations do not explicitly state that the principal has an obligation to send the contractor for medical examinations, the principal must still ensure safe and hygienic working conditions. So how should one assess whether a contractor should be sent for examinations under a mandate contract?

It is the principal who decides whether the contractor should undergo medical examinations, and in making this decision should take into account the type of work performed and the degree of hazards associated with the working conditions.

If the tasks performed involve a high level of risk, it is advisable that the contractor is only permitted to commence work after completing medical examinations and receiving appropriate OHS (Occupational Health and Safety) training.

When the principal has difficulty assessing the degree of risk, the position of the Legal Department of the Chief Labour Inspectorate on OHS for the self-employed may be helpful — it specifies that the type of work performed should determine whether the contractor is required to undergo medical examinations and OHS training.

Can the mandate contract specify the requirement for medical examinations?

It is advisable to include provisions regarding medical examinations in the contract itself, which will protect both parties in the event of improper working conditions. The contract should also specify which party is responsible for covering the cost of medical examinations for the contractor. Either the contractor or the principal may pay for such examinations — this is a matter to be agreed upon. The principal has no absolute obligation to cover the costs of examinations, as is the case with an employer under an employment contract.

To summarise the issue of medical examinations under a mandate contract, it is important to remember that…

The principal has no obligation to send contractors for medical examinations and OHS training. However, if the work performed by the contractor involves a risk — for example, if it is performed in hazardous conditions — it is advisable to provide OHS training and send the contractor for medical examinations.
This is, however, an individual decision of the employer. It is recommended that detailed provisions regarding medical examinations and OHS training be regulated between the contractor and the principal in the contract itself.
This will allow, in the event of any breach in this regard by either the contractor or the principal, for immediate termination of the contract or — depending on the terms — for withdrawal from the contract by either party.

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