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What if the company prohibits the recruitment of volunteers from new coronary pneumonia?
Recently, in the recruitment conditions of some enterprises, it is clearly required that candidates have not been infected with COVID-19, have no positive record, have never been to a shelter, and have never been a volunteer. One, bask in the sun, enter the cabin, don't, ok? A: No, it is suspected of employment discrimination. According to China's Labor Law, Employment Promotion Law, Infectious Disease Prevention Law and other laws and regulations, workers enjoy equal employment and the right to choose their own jobs according to law, and employers may not refuse to recruit or employ workers infected with COVID-19 virus. According to the relevant provisions of the Employment Promotion Law and the Law on the Prevention and Control of Infectious Diseases, the employer shall not refuse to hire employees on the grounds of infectious disease pathogens. After medical identification, the pathogen carriers of infectious diseases shall not engage in the work that is prohibited by laws and regulations and easy to spread infectious diseases before they are cured or suspected of infection. Thus, according to China's laws and regulations, except for certain positions, enterprises may not refuse to hire job seekers on the grounds that they are patients with infectious diseases and pathogens, not to mention workers who have been infected with COVID-19 virus and are now cured. The executive meeting of the State Council held on July 13 clearly pointed out that it is strictly forbidden to discriminate against COVID-19's rehabilitated persons who tested positive for nucleic acid in employment, and such discrimination should be dealt with seriously together. Second, how should workers who are refused employment and terminate their labor relations because of "Yang" defend their rights? In April, 2020, the Supreme Court pointed out in the Guiding Opinions on Several Issues Concerning the Proper Trial of Civil Cases Involving the COVID-19 Epidemic in accordance with the law that the people's court would not support the employer's request to terminate the labor relationship only on the grounds that the workers were patients diagnosed in COVID-19, suspected patients in COVID-19, asymptomatic infected persons, legally isolated persons or workers from areas with relatively serious epidemic situation. Don't be diagnosed as positive, this is employment discrimination. For enterprises that practice employment discrimination, workers can bring a lawsuit to the court, and enterprises will face administrative supervision and civil compensation. However, it is not easy for employers under the epidemic situation. They are understandably worried that the recruitment of rehabilitation personnel in COVID-19 will be infected again, leading to the suspension of production and business, and may even face adverse legal consequences of epidemic prevention. This kind of discrimination will be difficult to eliminate unless the fear of COVID-19 is eliminated. It is illegal to identify employment discrimination only from the legal level, and the company is likely to turn this discrimination standard into a dark standard.
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