Pre-employment, periodic and exit medical exams in Brazil (ASO): what is mandatory and what is prohibited

Occupational medical exams — pre-employment, periodic, return-to-work, change-of-risk and exit — are mandatory and paid for by the employer (CLT, art. 168; NR-7 — the CLT is Brazil's Consolidated Labor Laws). Each exam produces an Occupational Health Certificate (ASO), which the worker is entitled to receive. The employer cannot require pregnancy, sterilization or HIV tests.

Quick summary

• Costs: always the employer's (art. 168).
• Pre-employment: before the employee starts the role.
• Periodic: according to the risk and the employer's occupational health program (PCMSO).
• Return to work: after 30 days or more of leave for illness or accident.
• Change of occupational risk: before moving to a role with a different risk.
• Exit: within 10 days after the contract ends, unless the last exam is recent, under NR-7.
• Prohibited: pregnancy, sterilization and HIV tests as a condition of hiring or continued employment.

What the ASO is

The Occupational Health Certificate states whether the worker is fit or unfit for the role, the risks assessed and the tests performed. Always ask for your copy.

Situations that raise questions

• Unfit at the exit exam: the employer should not complete the dismissal if the worker is ill and unable to work; they should be referred to the INSS — see Sickness benefit and Dismissal during medical leave.
• Work-related illness found at a periodic exam: the employer must issue the CAT (work accident report) — see Work accidents.
• Drug test: mandatory for professional drivers — see Professional drivers.
• Exam charged to the candidate: an irregular practice.

Frequently asked questions

Can the employer deduct the exam from my salary?

No. Occupational exams are paid for by the employer.

I was found unfit at the pre-employment exam. What now?

The employer should inform you of the medical reason confidentially. If there are signs of discrimination, see Discriminatory dismissal.

Read more in this series

• RSI/WMSD: occupational disease and rights
• Medical certificates: validity and rules
• Pregnant workers: rights at work
• CIPA: elections and job security
• Index: complete guide to labor rights