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The employer requires the applicant to check whether the five items of hepatitis B are illegal.
Legal basis:
Notice on Further Standardizing Physical Examination Items for Admission and Employment in People's Republic of China (PRC) and Ministry of Human Resources and Social Security to Protect the Admission and Employment Rights of HBsAg Carriers (Ministry of Human Resources and Social Security Fa [20 10] 12), approved by the Ministry of Health, the occupations that HBsAg carriers are not allowed to engage in and the industries that can carry out relevant tests are:
Except special police, civil aviation pilots and bloody battle staff, in principle, five hepatitis B tests shall not be required or carried out.
In violation of the provisions of this notice, the employer requires the subjects to carry out hepatitis B project testing, which shall be stopped and corrected in time, and shall be fined in accordance with the Provisions on Employment Service and Employment Management.
Extended data:
The employing unit shall not engage in the following acts:
(1) Providing false recruitment information and publishing false recruitment advertisements;
(2) Seizing the resident identity cards and other certificates of employees;
(three) to collect property from workers in the name of guarantee or other names;
(four) to recruit minors under the age of 16 and other personnel who are not allowed to recruit according to the laws and administrative regulations of the state;
(five) to recruit people without legal identity documents;
(six) to seek illegitimate interests or engage in other illegal activities in the name of recruiters.
The employing unit shall not recruit personnel by improper means such as defaming the reputation of other employing units or commercial bribery.
When employing personnel, the employing unit shall not refuse to employ women or raise the employment standards for women on the grounds of gender, except for jobs or posts that are not suitable for women as stipulated by the state.
When employing female employees, the employer shall not stipulate in the labor contract the contents of restricting the marriage and childbearing of female employees.
When employing personnel, the employing unit shall give appropriate care to minority workers according to law.
The employing unit shall not discriminate against the disabled when recruiting personnel.
The employing unit shall not refuse to employ a person on the grounds that he is a carrier of infectious diseases. However, the pathogen carriers of infectious diseases who have been medically identified shall not engage in the work that is easy to spread infectious diseases, which is prohibited by laws, administrative regulations and the provisions of the health administrative department of the State Council.
The employing unit shall not forcibly take the serological indicators of hepatitis B virus as the physical examination standard, except for the work prohibited by national laws, administrative regulations and the provisions of the health administrative department of the State Council.
The recruitment brochures or recruitment advertisements issued by the employing units shall not contain discriminatory contents.
The employing unit shall employ workers engaged in special types of work involving public safety, personal health and safety of life and property. , and according to the law to hire a corresponding type of occupation qualification certificate of personnel; Recruiting personnel who do not hold the professional qualification certificate of the corresponding post should organize them to participate in special training before taking up their posts, so that they can take up their posts only after obtaining the professional qualification certificate.
After employing personnel from Taiwan, Hong Kong and Macao, the employing unit shall, in accordance with the relevant provisions, go to the local labor and social security administrative department for the record, and apply for employment certificates for personnel from Taiwan, Hong Kong and Macao.
When employing foreigners, the employing unit shall apply to the local labor and social security administrative department for an employment permit in accordance with the relevant regulations before the foreigners enter the country, and can only employ them after obtaining the Employment Permit Certificate for Foreigners in People's Republic of China (PRC).
The position that the employer recruits foreigners must be a position with special skills requirements, and there is no suitable candidate in China for the time being, and it does not violate the relevant provisions of the state.
Baidu Encyclopedia-Provisions on Employment Service and Employment Management
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