Find " takes hepatitis B " Terminated an agreement The graduate indicts the employing unit

Find " takes hepatitis B " Terminated an agreement The graduate indicts the employing unit
Find " takes hepatitis B " Terminated an agreement The graduate indicts the employing unit
" the country stipulates that can't check hepatitis B, and can't refuse to employ on the grounds that hepatitis B is carried in dragon's tiger's network news, why does not the company employ me? " Last hepatitis B duty it because enter body,little Zheng until there last Science Technologies Co., Ltd. is panda liquid crystals electric at Nanjing (hereafter referred to as "in pandas electric " )Refuse the record. A few days ago, Xiao Zheng's electric panda informed that got to the court, the electric panda refused to be employed to break the law in fact while asking the court to confirm, apologize publicly, and compensate for 40,000 yuan of emotional distress,etc.. This morning, the court of Qixia district of Nanjing tries this case. Graduate: Terminated an agreement, indict the graduate in 2010 of Southeast China University of department, Xiao Zheng of advertising unit with hepatitis B, the campus job fair of the electric panda, and pass the interview smoothly in participating in in November of 2009, have signed the tripartite agreement with company subsequently. On August 15, 2010, Xiao Zheng will register on time according to company's regulation, " everything is very smooth " . Xiao Zheng copy want to become the formal staff of the company at once, but the following thing exceeds his expectation. On August 18, that is to say Xiao Zheng has got for third day of the company, he participated in the company with new colleague uniformly organizedly and entered the physical examination of the duty. But September 2, company require their again and some staff go on, examine again, Xiao Zheng have kinds of bad premonition suddenly. As expected, on September 13, the company leader tells him because the body checks him out is a person who carries virus of hepatitis B, so should sign the agreement of terminating an agreement with him. "Why terminate an agreement, because am I a person who carries virus of hepatitis B? " Hereafter, Xiao Zheng looked for the company to consult and hope for keeping in the company many times, but the company still rejected. September 28, Xiao Zheng, in force, sign with company terminate an agreement agreement cannot help but, leave, stay one company for more than month. "After leaving the company, I feel unusually vast and hazy, the behavior to the company doubts too in the heart "Xiao Zheng says. In this course, Xiao Zheng has thought of seeking help on the net, just while it looks for materials, find one in Beijing to call accidentally " Yi RenPing " Hepatitis B safeguard the rights organization,then he try get in touch with this organization, under the explanation of organization's staff members, Xiao Zheng knows method of the company has violated the national current regulation policy. After finding out about the situation, pick up the law weapon and maintain one's own legitimate rights and interests in Xiao Zheng's decision. Agent: The employing unit is suspected of being involved in hepatitis B to discriminate against " the employment of our country promotes the 30th regulation of France ", the employing unit can't refuse to employ to employ on the grounds that it is a pathogen carrier of infectious disease with personnel, and the notice which human resources and social security department, Ministry of Education, Ministry of Public Health released was proposed clearly last February, besides special job which Ministry of Public Health checks and approves and announces, the employing unit can't refuse to employ (engage) on the grounds that the labourer carry the surface antigen of hepatitis B Use or dismiss, discharge. So in that pandas electric is behavioral relevant in infringement regulation policy,be lasted employment rights equal of Xiao Zheng, already been suspected of being involved in hepatitis B to discriminate against. " Xiao Zheng's agent, acting for Jiang Nan of a lot of hepatitis B discriminating against cases in the capacity of citizen says, the case of litigating of person who carries virus of hepatitis B is getting more and more in recent years, and quite a few of defendants are state-owned enterprises, so the state-owned enterprise needs to play a leading role in dispelling and discriminating against. Reporter electric the intersection of panda and law learn they it employs Xiao Zheng to be one with basis behind the affair portion in the connection, the Ministry of Health, labour department approve, they have already got the evidence material ready, prepare and should sue actively. Safeguard the rights in the organization: State-owned enterprise should take the lead, dispel hepatitis B, discriminate against reporter, get in touch with the intersection of Beijing and the intersection of benefit and the intersection of benevolence and flat the intersection of centre and the intersection of law portion and director, blue and green fight Yang to offer to Xiao Zheng law aid subsequently. Blue and green to show, confirm the intersection of hepatitis B and the intersection of virus and all right normal life, employment of carrying etc. already at the medical science fight Yang, the notices of three ministries and commissions forbade checking five items of hepatitis B in entering the physical examination of the duty clearly too in February of last year. System regulation and treating method in recruitment of state-owned enterprise are targets private, which the overseas-funded enterprise imitates of the majority, so if state-owned enterprise strictlies observe three ministries and commissions " notice ", have positive impact on that the state-owned enterprise will all recruit personnel while recruiting personnel, individual enterprise, foreign enterprise, elimination that will promote hepatitis B to discriminate against greatly. However, in dispelling hepatitis B and discriminating against, the present method of state-owned enterprise can not make the society satisfied. Benefit the intersection of benevolence and flat centre make one " whether 2010th state-owned enterprise hepatitis B discriminate against the survey report ", in 180 large-scale state-owned enterprises including medicines enterprise of 13 of food investigating, 110 enterprises show clearly take while entering the physical examination of the duty " Measure the hepatitis B project " ,The proportion is up to 61.1%, only 42 enterprises say that " will not measure the hepatitis B project " while entering the physical examination of the duty ,23.3% which investigate the total number. Over 60% of the state-owned enterprises still violate legal provisions and measure the hepatitis B project while entering the physical examination of the duty, the right of privacy of the person who carries antigen of surface of hepatitis B still has no guarantee. Investigated in the state-owned enterprise, 63 enterprises show " not all right person who carries hepatitis B clearly, will not consider at all " Or " three big male genital are not all right, three little male genital are all right " ,Namely have, discriminate against behavior obviously to person who carries hepatitis B, account for, investigate 35% of total number. Show " will not discriminate against the person who carries virus of hepatitis B " Enterprise yes, 76,account for 42.2%. Staff reporter Luo ShuangJiang chains: Relevant law stipulate 1 and " the employment of the People's Republic of China promote law " article 30: The employing unit employs and uses personnel, can't refuse to be employed on the grounds that it is a pathogen carrier of infectious disease. 2," notice on further standardizing entering school and physical examination project of obtaining employment and maintaining entering school and employment right of person who carries antigen of surface of hepatitis B ": All types of educational institution, employing unit enter school, obtain employment in the physical examination in citizen, can't demand to measure the hepatitis B project; Besides special job which Ministry of Public Health checks and approves and announces, the employing unit can't refuse to employ (engage) on the grounds that the labourer carry the surface antigen of hepatitis B Use or dismiss, discharge.


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