Have lost work and girl friend after the physical examination The person who carries virus of hepatitis B indicts the hospital
Www.zjonline.com.cn report this morning September 16, river person who do 9 forts of courts courts hear a special case of encroachment of right publicly. Hepatitis B person who carries virus forest Guo hunt for a job, fall, engage, inform fixed hospital to offer to employing unit physical examination that goes to the court, the reason is the other side, without agreeing to let out and experience the result without authorization, cause him to be abandoned.
This lawsuit is famous " Loyal-hearted " The forum produces the response greatly, at a time when that " national hepatitis B is propagated on day " today ,Some from all parts of the country the intersection of hepatitis B and person who carries virus say, get court express support for forest Guo, hope to facilitate the hospital not to check hepatitis B two half-and-half again as soon as possible.
Experience the result
Let him lose work and girl friend
25 -year-old Guo Lin comes from Jiangxi, what the university read is the computer speciality. After working for two years, he reaches group's interconnected system of Fuji's health to shut the electron (Hangzhou) on May 17, 2007 Limited company applies for " The information commissioner " A job.
Written examination and interview have been all passed smoothly. On May 28, the company tells him to go for physical examination of the hospital, the expenses are paid by oneself. On June 1, Guo Lin reaches the physical examination of sand hospital of downing. At about 5 o'clock at dusk on the same day, the company refused him on the grounds of person who carries virus of hepatitis B.
After Guo Lin and interconnected system shut company's numerous negotiations, did not get the physical examination table until June 13.
"Even girl friend has said good-bye. " Guo Lin says helplessly, it is after a person who carries virus of hepatitis B to reveal to him from the hospital, he looks for a job everywhere rebuffedly, even girl friend who has associated for a long time proposes saying good-bye, because of girl friend's house firm opposition.
At present, the body of Guo Lin committee, to a little company, because the other side has not requested to check hepatitis B at the time of application.
Prosecute for more than two years back and forth
Just wait for opening a court session
Guo Lin complains the physical examination in violation of rules and regulations of sand hospital to the health bureau of being area of river, but not received any reply. From the last March, he lay Hangzhou sand hospital and river person who do health bureau inform, pay court together, recalled the prosecution of the health bureau of doing area of river shortly afterwards. In May of the same year, the main body of defendant of sand hospital did not exist in order to resort to legal proceedings from rejecting under the court of being area of river.
Will it be May this year, Lin Guo submit pleadings again, the intersection of defendant and the intersection of hospital and name in the pleadings change " Hangzhou the intersection of river and being area lay the sand hospital " into according to suggestion of court ,Has never expected that is rejected again one month later, the reason is that this hospital has already renamed as " made the sand street hygiene service centre in Hangzhou " .
Guo Lin submitted the pleadings again according to court's requirement, received the notice that the court tried this morning at last by August 29.
Guo Lin says, are sent difference outside the company, he is unable to attend today's court's trial, but have " it is partial to the first person of liver that China is folk " Hangzhou authoress YuHong Zhao appear in court together with lawyer to safeguard the rights to him.
The hospital says
The advertising unit demands to check
Guo Lin in Henan said on the phone yesterday, as far back as May of 2007, Ministry of Labour and Ministry of Public Health issued " suggetion on safeguarding the employment right of person who carries antigen of surface of hepatitis B ", among them require clearly, the right of privacy which protects the person who carries antigen of surface of hepatitis B that all types of medical organization should notice in launching the course of physical examination to the labourer. The intersection of province and department of public health and the intersection of Hangzhou and Municipal Health Bureau issue notice, require pre-employment physical can't go on hepatitis B check successively last year.
"Without party's consent, the hospital has no right to tell the employing unit the inspection result of hepatitis B. " Guo Lin says, plays the sand hospital and checks hepatitis B and originally already violates legal provisions, and he is the physical examination at one's own expense, with forming the medical service contract while making the sand hospitals. It violates the contract regulation and reveals the individual privacy that he is the person who carries virus of hepatitis B to the company directly to make the sand hospital, cause him to lose an important employment opportunity, ought to bear responsibility. Guo Lin requires the hospital to compensate 50,000 yuan of its emotional distress.
" if employing unit propose This project, we will check. " Yesterday afternoon, whether reporters should check hepatitis B two half-and-half by pre-employment physical, the telephone communication made the physical examination centre of service centre of street hygiene of the sand, a staff member insisting on anonymity introduces, shut the fixed physical examination unit that the company is still this centre at present in interconnected system.
How is the result of lawsuit, this newspaper will continue the follow-up stories (involve party's personal secrets, the party is an assumed name) .
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