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ctd167  
#1 Posted : 27 January 2012 11:51:33(UTC)
Rank: Forum user
ctd167

This question crosses over with HR and H&S really. Having just issued the company's annual health surveillance questionnaire to our employee's for completion, our sales rep based in France has informed me that he undertakes a medical every 2 years through our sister company over there. To compound the issue, whilst he is directly employed by ourselves, his salary is paid via our sister company. Should he complete the UK issued document or are we ok with the fact he undertakes this 2 yearly medical in France. I was thinking that maybe if i recieved a copy of this 2 year medical report it would suffice, or should i insist on the UK documentation being completed. A wider issue is who is looking after this guy H&S wise, certainly not the UK. We dont do vehicle checks, RAMS, issue PPE, or monitor his activities in anyway, and i'm not sure our French sister company does either.
Merv  
#2 Posted : 27 January 2012 19:02:31(UTC)
Rank: Forum user
Merv

As your employee is paid by a French company French law will consider that he is employed by the French company and relevant legislation will apply. Very similar to UK. Employer will provide training and PPE etc. The French doctor who does the medical will be a "Médecin de Travail" They will NOT provide a copy of their report as they are only required to say, to the employer, if the employee is "apt" or "pas apt" (able or not able) for the work described by the employer. If not "able" then the employer is legally required to negotiate with the doctor to find a job for which the employee is judged "able" If you can't find such a job then you are up against the employment tribunal. You will lose. Do hope this helps. Merv
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