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

On August 31th, the diarist learned from the People's Court of Midong District in Urumqi that the court recently concluded the first labor dispute case caused by health discrimination in Urumqi. After mediation by the court for many times, the original and the defendant reached a settlement agreement, and He Jian was compensated for various losses totaling 61,111 yuan.

Case review:

The internship was rejected due to physical examination results

In August, He Jian posted job 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 passed the recruitment of the company through comprehensive evaluation. The company sent him the materials to be recruited by email.

then he Jian terminated the labor relationship with his former company and reported to a factory in Urumqi, Shaanxi company. In October 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 medical examination results 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. In the complaint, He Jian said that according to China's Constitution and relevant laws, citizens have the right to equal employment, and no unit or individual can infringe on citizens' equal employment rights. ? The company refused to hire me, which gave me a great mental blow? .

China's "Labor Law" stipulates that workers have equal employment rights and should not be discriminated against in employment. The Law on the Promotion of Employment clearly stipulates: The employing unit shall not refuse to employ personnel on the grounds that they are carriers of infectious diseases. ?

In his complaint, He Jian asked the court to confirm that the company's refusal to hire constituted a violation 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, transportation fees and mental damages of 71,111 yuan? .

after the court accepted the case, it served relevant legal documents to a factory in Urumqi, a company in Shaanxi province, 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 61,111 yuan, and all disputes arising from labor disputes between the two parties were resolved.

Presiding judge:

Warning employers to record people's abilities

The presiding judge of this case said that employment discrimination is widespread in China's social life, which not only violates workers' labor rights including employment rights and other related rights, but also violates the constitutional principle that all citizens 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 lies in that when recruiting new employees, their work 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 their work ability, such as HBV carrier, height and gender. Fair employment has always been the focus of employment legislation. Employment discrimination infringes on workers' equal employment rights, desecrates personal dignity, and makes many job seekers miss their jobs, resulting in a waste of talents and a negative impact on the healthy development of the market economy.

Attorney:

Special job seekers should be familiar with relevant laws

As He Jian's agent, Xiao Jianqi, a lawyer of Xinjiang Western Law Firm, said that at present, it is the time when graduate students are concentrated in employment, and some of them are hepatitis B virus carriers. They are very 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, hepatitis B virus carriers can also engage in non-production and business operations in food manufacturing, such as personnel and administration.

enterprises can take liver function test 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 come into contact with direct food, such as catering, pharmaceutical and pharmaceutical distribution.

Xiao Jianqi said that for hepatitis B virus carriers, if they have signed a contract but are canceled 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. ? Although this will be a long and complicated process, and there are few successful cases, patients with hepatitis B should persist in defending their legal rights? . He said that the Employment Promotion Law is a powerful weapon for hepatitis B patients. According to its provisions, if the employer's discriminatory behavior causes damage to workers, it can 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 continuous performance of the contract.

Dialogue He Jian: Learn to defend rights with legal weapons

On 31th, the reporter had a conversation with He Jian about this case, and 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: It is set in various physical examination standards such as college students' entrance examination, enterprise recruitment examination and civil servant recruitment examination. Serological index of hepatitis B virus? Standards will be numerous? Hepatitis B virus carriers? Citizens are kept out of school, employment and public office, and there are as many as 21 million people in the country. This kind of discrimination not only gives? Hepatitis B virus carriers? It brought endless pain and caused a lot of harm to their families.

In the face of these discriminations, many people choose to suffer silently, but some people bravely stand 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 can 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 any more. 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. I got compensation for this settlement, and I want to do a little business myself in the future.

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

reporter: through this year's rights protection road, do you have any experience to talk about the rights protection of patients with hepatitis B?

He Jian: There are three experiences. First, if hepatitis B virus carriers are discriminated in employment, they can file 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 Article 6, Item 11 of the Administrative Reconsideration Law, and they can lodge a complaint, accusation and report to the administrative supervision organ according to Article 18 of the Administrative Supervision Law.

third, if you are discriminated against in college entrance, you can lodge a complaint, accusation, report or bring a lawsuit to the people's court in accordance with Article 81 of the Education Law.

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