Job hunters are refused to record by the unit because of hepatitis B Indict the hospital to check privately hepatitis B obtains compensation

Job hunters are refused to record by the unit because of hepatitis B Indict the hospital to check privately hepatitis B obtains compensation
Job hunters are refused to record by the unit because of hepatitis B Indict the hospital to check privately hepatitis B obtains compensation
Information Times Dongguan reported ' The intersection of reporter and Huang CaiHua, reporter of remarkable piece of writing, Nie) Because job hunters Mr. Zhang is found hepatitis B when entering the physical examination of the duty, and is refused the record by the employing unit. For this reason, he lodges a complaint against hospital on the grounds of infringing its right of privacy in the hospital. A few days ago, the pronouncement of the first instance of the second people's court in Dongguan, confirmed the hospital infringed Mr. Zhang's right of privacy, besides compensating for 8000 yuan of emotional distress, also need to make an apology in writing. It is reported, this is the first case that hospital is prosecuted because of revealing the individual privacy of person who carries virus of hepatitis B of Dongguan. The body checks three big male genital out and is refused to record for May 5 this year, Mr. Zhang over 20 years old applies for some textile and a job of company's warehouse keeper in Dongguan, and paid the physical examination fee of 40 yuan in advance. The next day, one hospital of Dongguan offered physical examination to the doorstep service. That afternoon, Mr. Zhang get the survey report form in, security personnel of company, just know the hospital checked hepatitis B, come out " Three big male genital of hepatitis B " . Subsequently, company refuses to employ textile on the grounds of the physical examination not up to standard. "Before physical examination, hospital personnel did not say that will check hepatitis B. " Mr. Zhang is discontended with this. On May 12, Mr. Zhang works and monitors the detachment to report the textile company and carry on the situation that hepatitis B checks in entering staff member workers to the municipal human resources office of Dongguan. On September 1, work and monitor the detachment and confirm illegal physical examination hepatitis B of textile company, fine 1000 yuan. Meanwhile, Mr. Zhang complained to Dongguan Municipal Health Bureau the above-mentioned hospital checks the behavior of hepatitis B in violation of rules and regulations. Municipal Health Bureau has punished and circulated a notice of criticism to the hospital too. Inform the hospital asks for the spiritual compensation of 30,000 yuan On September 21, Mr. Zhang litigates to the second people's court in Dongguan on the grounds of infringing his right of privacy, require hospital compensate the intersection of physical examination and 40 of fee, spirit damage conciliate 30000 of gold, 200 of transportation expenses, 800 of hotel expense, delay work fee of 2000 yuan, and make an apology in writing. Mr. Zhang claims, this gives him very big spirit to attack, he has one month to fail to look for a job. On October 8, he goes to the east China's hospital of Dongguan to go to a doctor, is diagnosed and suffered from depression. On November 4, because involve personal secrets, this case has not been tried publicly. The agent of the hospital apologizes to Mr. Zhang, would like to return the physical examination expenses, and damage and conciliate gold to certain spirit. But the hospital is unable to accept Mr. Zhang requires the spirit of 30,000 yuan to damage and conciliate gold, both sides fail to reach and mediate. The court sentenced the hospital to apologize and pay an indemnity a few days ago, the second court in Dongguan made the pronouncement of the first instance. Court think hospital violation carry on the intersection of hepatitis B and project measure to job hunter, and examining report hand over to me or appointed person their of examining etc. seal alone, according to regulation, but give to others, has infringed Mr. Zhang's right of privacy, the hospital should make an apology, and compensate for corresponding losses. The hospital checks the behavior of hepatitis B privately, make Mr. Zhang's personal secrets known by the company, and is refused to employ. This kind of denying appraisal brings greater psychological pressure and spiritual agony to Mr. Zhang, the hospital answers for the compensation for spiritual damages. Finally, a trial of court makes the hospital make an apology to Mr. Zhang in written form in 10 days, return fee of 40 yuan of Mr. Zhang's physical examination, and compensation spirit damages and conciliates 8000 yuan of gold. After pronouncing, Mr. Zhang and hospital express the clothes and judge, will not appeal.


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