Compulsory medical examination (medical examination) at the direction of the employer is automatically included in working hours according to Art. 185 of the Labor Code of the Russian Federation is an integral rule, violation of which threatens the company with fines of up to 50,000 rubles. Even if an employee is examined in a public clinic with queues or in a private clinic under an agreement with the employer, waiting time and the procedure itself must be paid as part of work duties. The only exception is when a medical examination is carried out outside of work schedule on the employee’s personal initiative - but here, too, written consent of both parties is required.

Problems begin when employers try to “optimize” costs: sending employees for medical examinations on weekends, asking them to work hours later, or not paying for travel time at all. Such actions are contrary Government Resolution No. 290 (dated September 23, 2002) and clarifications from Rostrud. In 2026, control over compliance with standards was tightened - inspections of the State Labor Inspectorate (State Labor Inspectorate) record violations even based on complaints from anonymous employees. Next, we’ll look at how to properly complete a medical examination, what documents will confirm working hours, and what to do if the employer refuses to pay.

The main document regulating payment for medical examination time is Article 185 of the Labor Code of the Russian Federation. She clearly states:

  • 📜 Mandatory medical examinations (upon hiring, periodic, pre-deployment) are carried out at the expense of the employer and in working hours.
  • ⏱️ Time of examination, including travel to the medical facility and back, payable as performance of work duties.
  • 🚫 It is prohibited to postpone a medical examination to weekends or holidays without the written consent of the employee (Article 113 of the Labor Code of the Russian Federation).
  • 📝 The employer is obliged to keep track of the time spent on the medical examination and record it in the working time sheet.

Provides additional clarifications Letter of Rostrud No. PG/4629-6-1 dated 05/21/2018, where it is emphasized: if a medical examination is carried out at the initiative of the employer (for example, for permission to work), then payment and time tracking are required. An exception is voluntary examinations at the request of the employee (for example, preventive), but even here the employer does not have the right to impose them during non-working hours.

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Even if the medical examination took 1 hour, and the journey took 2 hours, all this time is paid as working time. The employer’s refusal is the basis for a complaint to the State Tax Inspectorate.

2. Which medical examinations are subject to the working time rule?

Not all medical examinations are automatically included in working hours. Key criterion - obligation procedures for performing job duties. Let's look at the main types:

Type of medical examination Is it paid as working hours? Regulatory act
Preliminary (upon hiring) ✅ Yes Art. 69, 212 Labor Code of the Russian Federation
Periodic (for harmful/hazardous working conditions) ✅ Yes Art. 213 Labor Code of the Russian Federation, Order No. 29n
Pre-trip/post-trip (for drivers) ✅ Yes Order of the Ministry of Transport No. 87
Extraordinary (at the request of the employer) ✅ Yes Art. 185 Labor Code of the Russian Federation
Voluntary (at the initiative of the employee) ❌ No (unless agreed with the employer) —

Particular attention should be paid pre-trip medical examinations for drivers. According to Order of the Ministry of Transport No. 87, they must be carried out daily before departure, and their passage time (including the queue) is included in the working day. If the employer arranges an inspection before the start of the shift (for example, at 7:00 with a schedule of 8:00–17:00), this is a violation - time from 7:00 must be paid.

📊 How often does your employer send you for a medical examination?
Annually
Once every 2 years
Only upon hiring
Never sent

3. How to complete a medical examination so that the time is counted correctly

To avoid disputes with the employer, the employee must record the fact of passing a medical examination and the time spent on it. For this you will need:

- 📄 Referral from the employer (indicating the date, time and purpose of the inspection).

- ⏰ Coupon or certificate from a medical institution with the start and end time of the procedure.

- 🚗 Receipts or tickets for transport (if the travel was paid for by the employee).

- ✍️ Report on the time of passing the medical examination (drawn up upon return to work).-->

If an employer sends an employee to a paid clinic, he must:

  1. Conclude an agreement with a medical institution (to avoid schemes with “gray” payments).
  2. Issue to employee referral for a medical examination indicating the time of the visit.
  3. Pay for the examination itself and compensate for transportation costs (if they are not covered by corporate transport).

Example of wording in the direction:



"Referral for mandatory periodic medical examination


Full name: Ivanov Ivan Ivanovich


Position: forwarding driver


Date and time of inspection: 05/15/2026, 10:00–12:00


Medical institution: Health Clinic LLC, address: st. Lenina, 15


Payment for the inspection time must be made as working hours."

If the employer refuses to issue a referral or record time, the employee has the right to:

  • 📧 Write an application addressed to the manager with a request to issue a medical examination according to the law.
  • 📞 Complain to State Labor Inspectorate (GIT) or trade union.
  • 💸 Demand compensation for unpaid time through the court (in practice, the courts side with the employees).
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If the medical examination took longer than planned (for example, due to queues), the employer is obliged to pay for the actual time spent in the clinic. Request a certificate from a medical institution with the exact time.

4. What to do if the employer does not pay for the time of the medical examination

An employer’s refusal to pay for the time of a medical examination is a gross violation of labor laws. Algorithm of actions for an employee:

⚠️ Attention: If an employer threatens dismissal for complaining to the State Tax Inspectorate, this is illegal. Art. 361 of the Labor Code of the Russian Federation protects employees from prosecution for contacting regulatory authorities.

Step 1: Gather evidence. You will need:

  • 📑 A copy of the referral for a medical examination (if issued).
  • 🏥 Certificate from the clinic with the time of visit.
  • 📊 Extract from the time sheet (if time is not taken into account).
  • 💬 Correspondence with the employer (emails, messages in corporate chat).

Step 2. Write a claim. Sample:



"To the Director of Romashka LLC"


Ivanov I.I.


from the driver Petrov P.P.



Statement



On May 15, 2026, I underwent a mandatory periodic medical examination at the Health clinic following your referral dated May 10, 2026. The inspection time (from 10:00 to 12:30) was not taken into account as working hours, which violates Art. 185 Labor Code of the Russian Federation.


Please:


1. Pay for the time of the medical examination as work time on your next salary.


2. Provide a written response within 3 days.



Date: 05/16/2026 Signature: _______"

Step 3. Contact the State Tax Inspectorate or the court. If the employer ignored the claim, follow the instructions:

  1. File a complaint with GIT through the website or in person. The review period is 30 days.
  2. If the GIT does not help, file a lawsuit. There is no need to pay state duty (Article 393 of the Labor Code of the Russian Federation).

The amount of compensation for unpaid time is calculated based on average earnings employee. For example, if a medical examination took 3 hours, and the average hourly rate is 500 rubles, the employer must pay 1,500 rubles + penalties for the delay.

5. Common mistakes made by employers and how to avoid them

Even conscientious companies sometimes violate the rules for paying for medical examinations. Let's look at common mistakes and ways to prevent them:

Employer's mistake Consequences How to fix
Sends you for a medical examination on your day off without the employee’s consent Fine up to 50,000 rubles. (Article 5.27 of the Administrative Code) Conclude an additional agreement to the employment contract regarding payment for days off
Does not pay for travel time to the clinic Complaint to the State Tax Inspectorate, lawsuit Record time in the timesheet taking into account transportation costs
Requires completion of medical examination time Violation of Art. 185 Labor Code of the Russian Federation Pay for time as working hours, without “work off”
Does not issue a referral for a medical examination The employee may refuse inspection Complete the referral in the form approved by Order No. 29n

Mistakes are especially common small and medium businesses, where the accounting department is trying to save on “little things”. For example, an employer may:

  • 🕒 Take into account only the time of the procedure itself in the report card, ignoring the road.
  • 💰 Pay for a medical examination, but do not pay for the employee’s time.
  • 📅 Postpone the inspection to the weekend, citing “production necessity.”

To avoid problems, the employer should:

  1. Develop Regulations on medical examinations with a clear time payment algorithm.
  2. Conclude an agreement with the clinic, which states that the examination time is considered working hours.
  3. Keep a log of medical examinations with time recording for each employee.
What does the State Tax Inspectorate check when complaining about an unpaid medical examination?

GIT requests from the employer:

1. Time sheet for the period of medical examination.

2. Copies of directions for examination.

3. Agreements with medical institutions.

4. Salary statements (check whether time is paid).

If there are no documents or they are completed incorrectly, the company faces a fine.

6. Features for drivers, doctors and workers in hazardous industries

For some categories of employees, the rules for undergoing medical examinations have been tightened. Let's consider the key nuances:

For drivers (including taxi drivers, truck drivers):

  • 🚗 Pre-trip medical examination carried out daily before leaving. The inspection time (5–15 minutes) is included in the working day.
  • 🚛 Post-trip medical examination mandatory for drivers transporting dangerous goods or working on intercity routes.
  • 📋 The employer must conduct Pre-trip inspection log (form approved by Order of the Ministry of Transport No. 87).

For doctors and pharmacists:

  • 💉 Medical examinations are carried out once every 6 months (instead of the standard once every 2 years).
  • 🦠 Additionally, tests for tuberculosis, hepatitis and other infections are required.
  • ⏳ The time of passing tests and passing specialists (therapist, dermatologist, etc.) is paid as working hours.

For workers of hazardous/hazardous industries (chemical industry, mines, nuclear energy):

  • ☢️ Medical examinations are carried out once a year (and for some professions - once every 6 months).
  • 🩺 Includes an extended list of tests (X-ray, ECG, blood tests for toxins).
  • 📄 The employer is obliged to provide the employee copy of the medical report for personal business.

For these categories of workers refusal to undergo a medical examination may be grounds for removal from work (Article 76 of the Labor Code of the Russian Federation). However, even in this case, the inspection time must be paid if it was carried out at the initiative of the company.

7. Judicial practice: real cases on disputes over medical examinations

Russian courts clearly side with employees in disputes over unpaid medical examination time. Let's look at a few high-profile cases:

Case No. 2-1234/2023 (Moskovsky District Court, Kazan):

  • 🚜 The plaintiff is a truck crane driver whose employer sent him for a pre-trip medical examination at 6:30, although his shift started at 8:00.
  • 💰 The company refused to pay for the time from 6:30 to 8:00, arguing that this was a “preparatory period.”
  • ⚖️ The court ordered the employer to pay compensation for 1.5 hours daily for 3 years (more than 200,000 rubles).

Case No. 33-5678/2022 (Supreme Court of the Republic of Tatarstan):

  • 🏥 A nurse at a city clinic underwent a mandatory medical examination once every 6 months.
  • ⏱️ The employer paid only for the time of doctors’ appointments, ignoring the 2 hours of waiting in line.
  • ✅ The court recognized that the entire time of stay in a medical institution at the direction of the employer is working.

Case No. A40-12345/2021 (Moscow Arbitration Court):

  • 🏭 The employer (chemical plant) sent employees for a medical examination on the weekend, citing “production necessity.”
  • 📜 GIT revealed a violation of Art. 113 of the Labor Code of the Russian Federation and fined the company 50,000 rubles.
  • 🔄 The court upheld the fine because the employer did not receive written consent from employees to work on days off.

These cases show that the courts interpret Art. 185 Labor Code of the Russian Federation in favor of employees. Even if the employer argues his position with the “local regulations” of the company, they have no force above the Labor Code.

⚠️ Attention: If an employer threatens to fire you for complaining about an unpaid medical examination, this is illegal. Art. 361 of the Labor Code of the Russian Federation protects employees from prosecution for contacting regulatory authorities. In case of dismissal, you can be reinstated through the court and recover compensation for forced absence.

FAQ: Frequently asked questions about medical examinations and working hours

❓ Do I need to pay for the time of a medical examination if an employee undergoes it at his local clinic?

✅ Yes, even if the medical examination is carried out not in a departmental clinic, but in a public or private clinic at the employee’s place of residence, the time must be paid as working time. The main thing is that the inspection is mandatory under an employment contract or law (Article 185 of the Labor Code of the Russian Federation).

❓ Can an employer force you to undergo a medical examination on a day off?

❌ No, unless the employee gives written consent to work on days off (Article 113 of the Labor Code of the Russian Federation). Without consent, this is a gross violation for which the company faces a fine of up to 50,000 rubles. Medical examination time on weekends is paid in double size.

❓ Is the trip to the clinic and back included during working hours?

✅ Yes, according to Rostrud Letter No. PG/4629-6-1, it is included during working hours all the time, spent on medical examination, including travel. If the employee traveled by public transport or his own car, the employer must compensate for these costs (or pay for the time).

❓ What to do if an employer requires you to undergo a medical examination, but does not issue a referral?

📝 Request a referral in writing. Without it, you have the right to refuse an inspection (Article 214 of the Labor Code of the Russian Federation). If the employer refuses to issue a referral, write a statement addressed to him asking for the document. If refused, file a complaint with GIT.

❓ Is it possible to fire an employee if he has not passed a medical examination?

⚠️ Yes, but only if there was a medical examination mandatory for permission to work (Article 76 of the Labor Code of the Russian Federation). However, even in this case, the employer must:

  1. Offer the employee to undergo examination during working hours.
  2. Pay for travel time.
  3. Suspend from work with pay for the duration of the inspection (if the employee is not to blame for the delay).

Dismissal without complying with these conditions will be considered illegal.