A Fake Medical Certificate Instead of an Actual Examination: "Time-Saving" That May Cost the Worker Dearly

"No need to go anywhere", "We'll take care of everything", "Just sign the document." A worker may sometimes be offered this as a way to start work more quickly. But if the medical examination was never actually carried out and the document was merely "arranged", this is no longer a routine formality. What is at stake is the orzeczenie lekarskie - the medical certificate confirming that a person is fit to work in a specific role and has no medical contraindications to doing so. If such a document is forged, altered or contains false information, liability may not be limited solely to the person who produced or issued it. Consequences may also arise for the worker if they knew the document was fictitious and consciously made use of it. For foreign nationals, this may in certain circumstances also affect their ability to work legally in Poland.

Why a Medical Examination Is Mandatory

If a person is employed under a umowa o pracę, the employer may not allow them to commence work without a valid orzeczenie lekarskie. This requirement is set out in Article 229, paragraph 4 of the Labour Code (Kodeks pracy). Before starting work, the employee typically receives a skierowanie - a referral for a medical examination - specifying the position, working conditions and factors to which the employee may be exposed at work. Mandatory preventive medical examinations under a umowa o pracę are financed by the employer. A medical certificate may be issued only by a doctor holding the appropriate qualifications to conduct preventive examinations of workers - in particular, occupational medicine physicians and doctors of certain other specialisations provided for under Polish law. There are circumstances in which a new pre-employment examination is not required - for example, when an employee returns to the same employer within 30 days for the same position or under equivalent conditions. Under certain conditions, a valid certificate issued by a previous employer may also be used, provided the new job begins within 30 days and the conditions correspond to those for which the certificate was issued. This rule does not, however, apply to particularly hazardous work.

When a Worker Is Employed Under a Umowa Zlecenia

Under a umowa zlecenia, the provisions of Article 229 of the Labour Code do not apply automatically in the same way as to a umowa o pracę. The need for a medical examination depends on the nature of the work and the associated risks. If the work requires a certain state of health or involves hazardous conditions, the organiser of the work may require the worker to undergo a medical examination.

How a Fictitious Medical Certificate Scheme May Work

From a legal standpoint, several different scenarios are possible. **Scenario 1. ** The document is forged or altered. For example, someone has forged a doctor's signature, stamp or letterhead, falsified the employee's data, or altered an authentic document. If the worker knows the document is forged and nonetheless consciously uses it as authentic, Article 270, paragraph 1 of the Criminal Code (Kodeks karny) may apply. Using a forged or altered document as authentic may be punishable by imprisonment of between 3 months and 5 years. In a case of lesser gravity: a fine, restriction of liberty or imprisonment of up to 2 years.

Scenario 2. The document is authentic, but contains false information. The document was genuinely signed by an authorised physician, but no actual examination took place. In certain circumstances, the conduct of the person who issued such a document may fall within the scope of Article 271 of the Criminal Code - certification of false information (poświadczenie nieprawdy). If the worker is aware of this and consciously uses such a document, their conduct may fall within the scope of Article 273 of the Criminal Code: a fine, restriction of liberty or imprisonment of up to 2 years.

Scenario 3. If the worker themselves deceives the physician in order to obtain a document containing false information, Article 272 of the Criminal Code may apply, providing for a penalty of imprisonment of up to 3 years. What is of decisive importance is therefore: who produced the document, who issued it, what specifically was false, what the worker knew and what actions they took.

What If the Worker Knew Nothing

The mere presence of a fictitious document in an employee's personnel file does not automatically mean the worker bears criminal liability. The situation in which an agency produced or used a forged document without the worker's knowledge is entirely different from the situation in which the worker knows no examination took place and consciously uses the document.

What Liability the Worker May Face

If a worker consciously uses a fictitious medical document, the consequences may include:

• criminal liability under Articles 270, 272 or 273 of the Criminal Code;
• employment-related consequences - Article 211 of the Labour Code obliges the worker to undergo required medical examinations and comply with health and safety (BHP) regulations; in serious cases, dismissal under Article 52 of the Labour Code without notice may arise;
• for foreign nationals - conviction for offences related to document forgery may affect the ability to obtain a work and residence permit in Poland, and may ultimately lead to deportation.

What Happens If a Workplace Accident Occurs

The absence of a valid medical certificate does not in itself mean that ZUS will automatically refuse to pay benefits, nor that the event will cease to be classified as a wypadek przy pracy. If, however, the worker was consciously using a fictitious medical document, this fact may be examined during the accident investigation.

The Employer Also Bears Liability

Pursuant to Article 229, paragraph 4 of the Labour Code, the employer may not allow a worker to commence work without a proper orzeczenie lekarskie. From 2026, the fine for a violation under Article 283, paragraph 1 of the Labour Code may range from PLN 2,000 to PLN 60,000. In a fictitious medical certificate scheme, liability may therefore arise on the part of the employer, the worker and the person who produced or falsely issued the document. The legal grounds will, however, differ in each case.

What the Worker Should Watch Out For

It is worth examining the situation carefully if an agency or employer:

• proposes obtaining an orzeczenie lekarskie without an actual medical examination;
• asks you to confirm that an examination was carried out when it was not;
• provides a document issued in another person's name or for a different position;
• is unable to explain where and when the examination took place and who issued the certificate;
• asks you simply to sign the documents and "not ask unnecessary questions".

Agency assistance in organising a medical examination is entirely standard practice - the problem arises when the necessary examination has not actually taken place but the documents suggest it ostensibly has. When undergoing a preventive medical examination, the worker should hold a skierowanie specifying the position and working conditions. If doubts arise, it is possible to check which medical facility conducted the examination, who issued the orzeczenie lekarskie and whether it corresponds to the worker's actual role. The conscious use of a fictitious medical certificate in Poland may result in criminal and employment-related consequences, and for some foreign nationals may additionally affect their ability to work legally in the country.

Do you want to work without surprises, hidden conditions and opaque employment schemes? At Gremi Personal, the working conditions, contract and insurance registration are known before the collaboration begins. Job vacancies across Poland and Europe. To find a vacancy, call: +380 50 334 93 51.