Kent Company dismisses and does not infect the staff and involve in infringing employment right with hepatitis B

Kent Company dismisses and does not infect the staff and involve in infringing employment right with hepatitis B
Kent Company dismisses and does not infect the staff and involve in infringing employment right with hepatitis B
Kent Company dismiss, infect staff wade, infringe person of no common ability The Beijing News [2008-3-269:01 ] Chen, right of employment, with hepatitis B Because the body checks out and carries hepatitis B and virus, 33 -year-old tension (assumed name) Kent candy (China) Limited company Hangzhou Branch dismisses. The tension thinks that working sends square many enterprise's company's employment to discriminate against, lodge a complaint against many enterprise's companies. Chaoyang court accept case this and announce Kent candy is added extra to this case in the capacity of third person on yesterday. Work in 5 the diction On October 25, 2002, the tension entered Kent candy (China) Limited company the intersection of Hangzhou and Branch engaged in, deliver, work. In June of 2004, he was changed over to many headhunter of enterprise enterprise Co., Ltd. names of Beijing by Kent candy, this company signs the labour contract with him. In August of 2007, the company requires the physical examination, the tension is nervous to this physical examination. Because he has hidden a secret deeply - --He found many years ago he carried hepatitis B and virus. He is afraid the company will dismiss him after knowing. After the physical examination result comes out, " worry turning into reality " ,The company demands to remove the work relation with the tension. The tension is said, " though I am a person who carries virus of hepatitis B, it is infective not to have, will not influence others, will not cause influence on the work either, it is unreasonable to dismiss me. " Prosecute and claim 50,000 Implement will it be January 1 this year " employment promote the law " article 30 stipulates clearly, the employing unit can't refuse to employ on the grounds that it is a person who carries virus of infectious disease ". Ministry of Labour and Ministry of Public Health have jointly sent the documents, has required the employing unit to safeguard and carry the antigenic labourer's right of surface of hepatitis B. The tension finds the company and hopes to keep the work holding these files, but is refused. The tension thinks, many enterprise's companies infringe the right of one's own equal employment, trust the lawyer to sue many enterprise's companies, ask the court to assert the behavioral infringement employment right that many enterprise's companies cancel the contract, and sentencing makes it make an apology, compensate for the spiritual financial loss of 50,000 yuan. Because one sets up the affiliated unit of the job in Kent candy, he adds extra Kent candies as the third person of this case. Plaintiff lawyer said yesterday, did not exclude from classifying Kent as the second defendant at the proper time. The Chaoyang court recommend, this is that " the employment promotes the law " after implementing, the first hepatitis B employment discriminating against case accepted in Beijing. Statement Kent: Company strict with staff's health the intersection of Kent and candy set up the intersection of enterprise and the intersection of affairs department and Mr. Deng of general headquarters show in the telephone in Guangzhou, the company is improper to respond the details of the case specifically. He shows, Kent candies strict with staff namely the attendants' health status in responding the message interviewing. Consider relevant regulations synthetically, and make the decision to dismiss after consulting the authoritative opinion of administrative department of the food hygiene. Deng explains, Kent candy is the enterprises engaged in the management of food, the tension contacts the food directly, the company does in this way in order to prevent disease from spreading. The personnel department has not considered arranging the other work suitable for the tension afterwards. As to the thing that hepatitis B tension speak person who carries virus infective, Mr. Deng has not responded. The reporter telegraphs many enterprise Companies of Beijing, staff members are not in order to interview from refusing with the person in charge. Chain " the employment promotes the law " Implement will it be January 1 this year " employment promote the law " article 30 stipulates ": The employing unit employs and uses personnel, can't refuse to be employed on the grounds that it is a pathogen carrier of infectious disease. But get rid of, infect in front of the suspicion before not curing by pathogen carrier, infectious disease of medical verification, can't be engaged in law's, administrative statute's and health authority's of the State Council stipulating the work apt to make infectious disease spread forbidding being engaged in.


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