Monday, May 13, 2013

Enter the physical examination of the duty and still prevail in Beijing " Hepatitis B is measured " Should limit

Enter the physical examination of the duty and still prevail in Beijing " Hepatitis B is measured " Should limit
Enter the physical examination of the duty and still prevail in Beijing " Hepatitis B is measured "
Folk report
The centre of 30 physical examinations of Beijing, what is 29 make and include hepatitis B and measure enters the physical examination set menu of duty
Expert's voice
To most trades, it is unnecessary to enter the physical examination of the duty, should limit in the minimum range
A domestic survey report which folk public service organizations of anti-discrimination releases reveals, forbid the employing unit in the central authorities already proclaimed in writing to under the great background which job hunters measure hepatitis B while entering the physical examination of the duty, many physical examinations organizations of Beijing still sticks to one's old way, even give counsel, help it to evade " hepatitis B is discriminated against " for the employing unit Legal risk.
The law expert in the anti-discrimination field Professor Cai DingJian point out, not due to public and safe reasons, in order to need specially and professionally and particularly, the entering the physical examination of the duty of employing unit should be confined to minimum range strictly, in addition, the physical examination organization should strengthen the personal integrity of the job.
There are physical examination organizations
Offer and evade the legal risk to propose
Domestic and famous anti-discrimination public service organization - -The flat centre of benefit benevolence of Beijing announced their sample survey report done on 36 physical examinations centre in Beijing urban area yesterday, the result reveals: In the 30 physical examinations centre that offers service of entering the physical examination of the duty, 29 have been made into the physical examination set menu of duty, among them all contain hepatitis B " Two half-and-half" Detection.
The investigation still finds, in the 30 physical examinations centre that offers service of entering the physical examination of the duty, 28 accept " The employing unit makes into the physical examination project of the duty by oneself " ; Only one is called " Can't make into the physical examination set menu of duty at will " ,But can increase the physical examinations of five items of hepatitis B according to the need.
The investigation still finds, the physical examination centre lacks respect and protection to the information of personal health: Have 1 organization enter duty physical examination to put into envelope in result only in 30 the intersection of physical examination and centre, it is got by oneself that personal by the physical examination person; Other physical examinations organization says, they can give the intact physical examination report to the employing unit, and does not give to job hunters.
The investigation of the flat centre of benefit benevolence of Beijing still reveals, some physical examination organizations can even propose to the employing unit how to evade and carry on the legal risk of physical examination of hepatitis B in violation of rules and regulations, and how to evade the legal risk of dismissing the person who carries hepatitis B illegally. For instance, some physical examination centre staff members propose, do not " allow staff to fetch the laboratory test report, the direct employing unit takes away " ; Somebody proposes, " can be kept to enter the physical examination result of the duty by the unit, dismiss a labourer with other reasons. "
Law expert:
The physical examination organization needs to strengthen the personal integrity of the job
"Can be found out from this investigation, current state law and policy that had have met a lot of questions in implementing. " The ground force of person in charge of flat centre of benefit benevolence of Beijing says. The biggest public service websites of person who carries hepatitis B of the whole country " The loyal-hearted forum " Edition owner Yang blue and green to think physical examination behavior of organization has already become the source discriminated against objectively, he hopes Ministry of Public Health can listen to the folk sound more voluntarily while making relevant new action, "make the new action made more tightly and even more and had operability. "
As to the question that " survey report " which this folk organization releases reveals, study chief of constitutional government of China University of Political Science Law research institute Professor Cai DingJian whose domestic and foreign employment discriminates against the problem to think for a long time, the physical examination organization needs to strengthen the personal integrity of the job, " the employing unit enters hepatitis B in the physical examination of the duty and measures the behavior, the emergence causing employment to discriminate against, has not already become the lawful action, as to such a behavior, how could the physical examination organization cater to voluntarily? "
Cai DingJian thinks, the law of our country has already forbidden searching the citizen's body illegally strictly. Then, than " search the body " The more serious one " To checking in people's body " Also should confine to minimum range strictly. Only the physical examination under two kinds of situations is essential, rational: First, the reason safe for public health; Second, really need for being professional and particular. "To most trades, it is unnecessary to enter the physical examination of the duty. " Cai DingJian says.

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