Background: Employers are, among their numerous responsibilities, obliged to refer their employees or the person applying for the job to prophylactic examinations. Initial, seasonal and check-up examinations should be carried out in the primary occupational health care institution the employer is obliged to sign the contract for this kind of services, according to the binding regulations. However, due to the fact that these regulations do not contain an imperative that prophylactic examinations must be performed in the institution with which the employer is under contract, it is theoretically possible that the examinations are carried out in an outpatient department chosen by an individual who is to be examined. Material and Methods: The critical analysis of existing rules, judgments and writs was performed. Results: In practice, such a possibility exists only in case of those who apply for the job. This results from the fact that job candidates unlike employees, are not obliged to follow the employer's offi cial order concerning initial examinations. Employees and those employed on the basis of the civil-law contract have to obey the employer's official orders concerning the type and place of performing prophylactic examinations. The employee's disobedience in this matter may have serious consequences arising from the contravention of order and work organization rules. Conclusions: Employees employed on the basis of the civil-law contract are obliged to undergo prophylactic examinations. However, the time and the type of institution in which the examination is performed depends on the legal basis of employment. Persons applying for the job do not have to obey the employer's official orders and thus cannot be forced to perform the examination in a given time or institution. If the conditional contract is signed, the employee can start his or her work without presenting the certificate of working ability at a given post. Med Pr 2008;59(5):395-408