Labour and Employment

Periodic Health Checks: Employers’ Duties and the Price of ‘Forgetting’

In short: periodic health checks for workers are NOT a voluntary perk but a LEGAL DUTY of the employer. Under Article 152 of the Labour Code 2019, employers must organise periodic health examinations at least once every 6 months — especially for workers in heavy, hazardous or dangerous jobs. Skipping them draws administrative penalties under Decree 283/2026/ND-CP (occupational safety and hygiene violations), and worse: when an occupational disease surfaces without check-up records on file, the employer loses the very legal basis to prove it met its duty — the compensation door swings wide open.

The concrete duty: who, how often, what is examined

Coverage: all workers — but frequency and content differ. Workers in heavy, hazardous, dangerous or especially hazardous jobs: checks at least every 6 months with an examination list matching the harmful factors at the workplace. Other workers: periodic checks per Ministry of Health guidance (customarily at least annually). The content must include occupational-disease screening — not a perfunctory general check-up. The employer bears the full cost; time spent on check-ups counts as paid working time.

Health records: the employer’s legal asset

Each check must generate a health file per worker, fully archived and kept confidential as required. The file serves three legal purposes: (1) proving the duty was performed during inspections; (2) grounding suitable job placement — workers unfit for heavy jobs must be reassigned; (3) allocating responsibility when occupational disease arises: with complete periodic records, the employer can show whether the disease arose in the course of work. Many firms “do check but keep no files” — when inspectors ask, that counts as no check at all.

When occupational disease is found: the handling procedure

If check-ups reveal actual or suspected occupational disease, the employer must: refer the worker for specialist diagnosis; assign work matching the health condition; pay compensation and allowances under the 2015 Law on Occupational Safety and Hygiene once confirmed as occupational disease; and improve working conditions at the harmful-factor position. Concealing results or failing to act after checks is a standalone violation — punished separately from not organising checks at all.

An employer compliance checklist

(1) Classify workers by heaviness/hazard level to set check frequency. (2) Contract a medical facility competent in occupational-disease examination (not just any clinic). (3) Schedule the full year so 100% of workers are checked on time. (4) Archive health files completely and confidentially. (5) A post-check procedure: reassignment, compensation, workplace improvement. A 500-worker plant’s entire annual check-up programme typically costs a fraction of a single occupational-disease compensation case — this is investment, not expense.

Frequently Asked Questions

How often must employers organise health checks?
At least every 6 months for workers in heavy, hazardous or dangerous jobs (Article 152, Labour Code 2019); other workers per Ministry of Health guidance (customarily at least annually).
Who pays for periodic health checks?
The employer pays in full; workers’ check-up time counts as paid working time.
What are the penalties for skipping health checks?
Administrative penalties for occupational safety and hygiene violations under Decree 283/2026/ND-CP. Plus, without check-up records the employer cannot prove it met its duty when occupational disease arises.
What must the employer do when occupational disease is found?
Refer for definitive diagnosis, assign suitable work, pay compensation/allowances under the 2015 OSH Law, and improve conditions at the harmful-factor position.

This article has been quality-reviewed by the FLAW AI Legal Council