Graduates were refused employment due to hepatitis B, and were compensated 60,000 yuan.

I am an excellent graduate of the school, but I was refused employment by the factory because I carried hepatitis B virus. He Jian of Midong District in Urumqi took the factory to court.

On August 30th, the reporter learned from the Midong District People's Court in Urumqi that the court recently concluded the first labor dispute case caused by health discrimination in Urumqi. After repeated mediation by the court, the defendant and the defendant reached a settlement agreement and compensated He Jian for various losses totaling 60,000 yuan.

Case review:

The internship period was rejected due to the medical examination results.

In August, He Jian posted the recruitment information on the website. Through online screening and qualification examination, a company in Shaanxi informed him to take the written test of metal supervision position in xi 'an. He Jian passed a series of written tests and interviews, and the comprehensive evaluation passed the recruitment of the company. The company sent him the materials to be recruited by email.

Subsequently, He Jian terminated the labor relationship with the original company and reported to a factory in Urumqi, Shaanxi Company. In June+10 of the same year, the company asked He Jian to have another physical examination and arranged for him to practice in a factory in Urumqi, which belongs to the company. After the results of physical examination came out, the company informed He Jian that he could not be hired because he was a hepatitis B virus carrier.

After many unsuccessful negotiations with the company, He Jian sued the company to the Midong District People's Court. He Jian said in the complaint that according to China's Constitution and relevant laws, citizens have the right to equal employment, and no unit or individual may infringe upon citizens' right to equal employment. ? The company refused to hire me, which gave me a great mental shock? .

China's "Labor Law" stipulates that workers enjoy equal employment rights and their employment should not be discriminated against. The Employment Promotion Law clearly stipulates that an employer shall not refuse to employ a person on the grounds that he is a carrier of infectious diseases. ?

In his complaint, He Jian asked the court to confirm that the company's refusal to hire constituted an infringement of labor rights and equal employment rights, and constituted employment discrimination. ? The company should apologize to me and compensate me for my lost time, training fees and transportation expenses, and mental damage compensation 70,000 yuan? .

After the court accepted the case, it delivered relevant legal documents to a factory in Urumqi, a company in Shaanxi, and actively communicated with the original and the defendant. After many times of coordination, in August this year, the plaintiff and the defendant reached a settlement agreement, and the defendant compensated the plaintiff for various losses totaling 60,000 yuan, and all disputes arising from labor disputes between the two parties were resolved.

Presiding judge:

Warning employers to look at the recorder's ability.

The presiding judge of this case said that employment discrimination is widespread in China's social life, which not only violates the labor rights of workers, including employment rights and other related rights, but also violates the constitutional principle that all citizens in China are equal before the law and other legal provisions that embody the principle of equality, and has no small social harm.

For the majority of employers, the more important warning significance of this case is that when recruiting new employees, employees' ability should be taken as the main basis for whether to recruit employees, and they should be selected on the basis of merit, and should not be linked to factors unrelated to work ability such as hepatitis B virus carriers, height and gender. Fair employment has always been the focus of employment legislation. Employment discrimination infringes on workers' equal employment rights, desecrates personal dignity, makes many job seekers miss their jobs, wastes talents and has a negative impact on the healthy development of market economy.

Lawyer:

Special job seekers should be familiar with relevant laws.

As the agent of He Jian, Xiao Jianqi, a lawyer of Xinjiang Western Law Firm, said that it is the period of concentrated employment for graduate students, some of whom are carriers of hepatitis B virus, and they are worried that their employment will be affected. Through this case, college students should be further clear: enterprises should not forcibly take hepatitis B virus serological indicators as physical examination standards. At the same time, HBV carriers can also engage in non-production and business activities such as food manufacturing, such as personnel and administration.

Enterprises can take liver function examination items as the physical examination standard according to actual needs, but they shall not forcibly take hepatitis B virus serological indicators as the physical examination standard except for the work prohibited by national laws, administrative regulations and the provisions of the Ministry of Health. Patients with hepatitis B can work as usual, except for some jobs that are in direct contact with food, such as catering, pharmacy and drug distribution.

Xiao Jianqi said that for hepatitis B virus carriers, if they have signed a contract, but the contract is terminated because they are found to be hepatitis B virus carriers, they can apply to the labor arbitration department for filing a case or go to court for prosecution. ? Although it will be a long and complicated process, and there are few successful cases, patients with hepatitis B should insist on defending their legal rights? . He said that the employment promotion law is a powerful weapon for hepatitis B patients. According to its regulations, if the employer's discriminatory behavior causes damage to the workers, it may require the employer to bear the liability for compensation according to relevant regulations. In addition, according to the relevant laws and regulations, if the employer violates the law and the laborer requests to continue to perform the labor contract, the employer shall continue to perform the labor contract; If the employee does not request to continue to perform the labor contract or cannot continue to perform it, the employer shall compensate the employee according to the standard of twice the amount of the continuous performance of the contract.

Dialogue He Jian: Learn to defend rights with legal weapons.

On the 30th, the reporter had a dialogue with He Jian on this case. He appealed to hepatitis B patients through the media. Hepatitis B virus carriers take up legal weapons. ?

Reporter: What made you choose to take up legal weapons to defend your rights?

He Jian: Are they all set in various physical examination standards, such as college entrance examination, enterprise recruitment examination and civil service recruitment examination? Serological index of hepatitis B virus? There will be many standards? Hepatitis B virus carriers? Citizens are excluded from schools, employment and public office, and there are as many as 65.438+0.2 billion people in China. This discrimination not only gives? Hepatitis B virus carriers? It has brought endless pain and harm to their families.

In the face of these discriminations, many people chose to suffer silently, but some people bravely stood up, including me. Because at present, various laws have been promulgated to protect hepatitis B patients and hepatitis B virus carriers, so that hepatitis B virus carriers have legal weapons and confidence when they encounter discrimination in enrollment and employment, so that they will no longer bear it silently when they suffer from hepatitis B discrimination.

Reporter: What are your plans for the future? Will you continue to apply?

He Jian: I don't want to apply again. Although I am satisfied with the result of this case, it is unrealistic to say that the road to safeguarding rights in the past year has not caused any shadow to me. That kind of entanglement can only be understood by those who have witnessed it. This settlement has been compensated, and I want to do some small business myself in the future.

However, I still want to encourage other patients with hepatitis B to apply boldly. After all, we have legal protection, and those rights we should have should not be ignored. You must fight for them yourself first to attract more attention.

Reporter: Through this year's road to rights protection, what experience do you have to talk about the rights protection of patients with hepatitis B?

He Jian: I have three experiences: First, if HBV carriers are discriminated against in employment, they can bring a lawsuit according to Article 62 of the Employment Promotion Law.

Second, if the civil servants who apply for the exam are discriminated against, they can apply for administrative reconsideration according to Item 11 of Article 6 of the Administrative Reconsideration Law, and they can lodge complaints, accusations and reports to the administrative supervision organs according to Article 18 of the Administrative Supervision Law.

Third, if you are discriminated against in the college entrance examination, you can lodge a complaint, accuse, report or bring a lawsuit to the people's court according to the provisions of Article 81 of the Education Law.

We hepatitis B virus carriers should study the relevant laws, regulations and rules seriously at ordinary times, and understand their rights and the ways and methods of safeguarding rights stipulated by law. Pay attention to collecting evidence of hepatitis B discrimination, including oral, written or other forms of evidence, for subsequent complaints, lawsuits or other relief methods. If you encounter this situation in the process of job hunting, you will have evidence and confidence in the process of safeguarding rights.

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