Pregnant women were refused employment without chest X-ray, and the Education and Sports Bureau said that it was "reasonable and legal" not to employ them?

A reporter got a reply signed by the Bureau of Culture, Education, Sports and Health of Pingyuan Demonstration Zone. The reply showed that the Bureau of Culture, Education, Sports and Health thought that Ms. Xu had over-interpreted women's rights and interests, misunderstood the legal nature of this teacher recruitment, and made obvious mistakes in resorting to the law in the process of concluding labor contracts according to administrative categories, and put forward three opinions.

First, this case does not belong to the scope of administrative cases. The Education and Sports Bureau believes that the recruited teachers sign labor contracts with the Bureau of Culture, Education, Sports and Health after entering the post, and do not participate in the establishment of public institutions, but only purchase social services for the government. The recruitment of teachers this time is actually a civil labor contract. "It is a dispute between the two parties in the process of concluding a labor contract, which is a civil dispute."

Second, even if the case falls within the scope of administrative litigation, the time limit for Ms. Xu to file an administrative lawsuit has expired. According to the Education and Sports Bureau, on September 3, 20 19, the website announced the list of people to be hired, and Ms. Xu immediately learned that the administrative lawsuit was filed on October 2, 2020/KLOC-0, which obviously exceeded the time limit for administrative litigation.

Third, the act of not hiring Ms. Xu does not violate any administrative or civil laws and regulations, and is reasonable and legal. The Education and Sports Bureau believes that Ms. Xu did not seriously study the recruitment announcement and refused to do the chest X-ray project for her own reasons, which made it impossible for her to prepare a complete physical examination report. The refusal of the Education and Sports Bureau and the Human Resources and Social Security Bureau to hire her is not a so-called violation of women's legitimate rights and interests, but strictly in accordance with the recruitment announcement and the contract.

Chest X-ray examination is an important method to detect respiratory infectious diseases. The school is densely populated, and the health of teachers is related to every student and their families. Therefore, in the physical examination of teacher recruitment, chest X-ray is essential, otherwise the health of teachers, students and people will be ignored.

Extended data

Pregnant women refused to be employed without chest X-rays.

On June 6, 20 19, the second batch of public recruitment announcements for kindergarten teachers in primary and secondary schools in the plain demonstration area was released on June 6, 20 19. In this recruitment, Ms. Xu applied for the position of Bianzhuang Chinese teacher and obeyed the adjustment. After written examination and interview, Ms. Xu took part in the physical examination with the highest score.

During the physical examination, the staff of the physical examination institution pointed out that pregnant women should not have chest X-rays. With the consent of the staff of the Human Resources and Social Security Bureau and the Education and Sports Bureau, many pregnant medical examiners such as Ms. Xu did not have chest X-rays. At the same time, Ms. Xu submitted an ultrasound examination report to prove (pregnancy). But then, Ms. Xu was refused employment on the grounds of unqualified medical examination.

A New Vision in the North and the Late —— The trial of "Pregnant women refused to be employed without chest X-ray" in Henan Province, Education and Sports Bureau: Plaintiff over-interpreted women's rights and interests.