● Some job seekers turn to “replacement medical examination” intermediary agencies in order to ensure the smooth passing of the entry examination.

These agency inspection agencies recruit customers through online platforms, from finding agency inspectors to contacting hospitals and physical examination institutions, and even revising results, they have formed a complete gray-black industry chain, with fees ranging from a few hundred yuan to tens of thousands of yuan

  ● As far as medical institutions are concerned, if they are not aware of the physical examination on behalf of job seekers or intermediaries and actively participate in them, they are generally not liable.

However, medical institutions should take measures to make up for the loopholes in the physical examination process, and put an end to the behavior of substituting physical examinations, so as to maintain the credibility of the medical examination reports of medical institutions.

  ● To curb the disorder of surrogate medical examinations requires the concerted efforts of many parties, among which the elimination of employment discrimination is the key.

Treat diseases with a scientific attitude and respect the possibility of everyone's labor and development

  □ Our reporter Wen Lijuan

  "Civil servants and career editors, you can start consulting." On the afternoon of March 2, Liu Cheng posted a circle of friends.

  The secret language behind this circle of friends is: The entrance examination is about to usher in a peak period, and he is about to start taking orders.

Half a month later, the business of the "little leader" of the agency inspection agency came.

A girl is going to have a medical examination for her entry. The inspection items include blood collection, blood pressure measurement, internal medical examination, etc. Liu Cheng told her, "It must be no problem if it is covered."

  A reporter from the "Rules of Law Daily" recently investigated and found that some job seekers would turn to "replacement physical examination" intermediaries in order to ensure the smooth passage of the entry examination.

These agency inspection agencies recruit customers through online platforms, from finding agency inspectors to contacting hospitals, physical examination institutions, and even revising results, they have formed a complete gray-black industry chain, covering general entry physical examination, health certificate examination, career editor or For civil servants' medical examinations, the fees range from a few hundred yuan to tens of thousands of yuan, and they claim that "as long as you pay, you can get it done."

  Where does the confidence of these agency inspection agencies "package inspection packages" come from?

What gave birth to this deformed industrial chain?

  The agency called the inspection agency

  Charge according to different plans

  The reporter searched on the Internet with the keyword "examination and physical examination", and some websites of agency inspection agencies came into view.

On some social platforms and forums, there are also posts, group chats and discussion groups related to "agent inspection".

  An agency inspection agency stated on its website that it "provides professional entry, welfare, overseas, study abroad, immigration inspection services in major cities such as Shanghai, Beijing, Guangzhou, Shenzhen, Hangzhou, Tianjin, Wuhan, Chongqing, Xi'an and other major cities".

  The reporter consulted the staff of the above-mentioned agency inspection agency on the grounds that he was about to participate in the entrance examination for a certain institution, but his health was poor and he was worried that he would not be able to pass.

The other party immediately sent a series of questions: "Which hospital, what type of physical examination, what type of unit, and what are the specific requirements of the unit? Are there any personnel to accompany and supervise? Which indicators are you worried about? When is the physical examination? Check the plan and set the price.”

  The reporter randomly designated two tertiary hospitals in Beijing, and the staff replied: "We have done these two hospitals many times, no problem." At the same time, two sets of plans were sent. The second plan is to make the results normal by managing the relationship between the hospitals.

  Regarding the specific operation process, the first plan is that the examiner first goes to the hospital to check the documents, photos, and receives the form, and then hand over the form to the "gunman" to complete the inspection item, and then return the form to the examiner to complete the remaining items. .

"Just leave the verification process of the hospital to our people. You don't need to worry about it. All the operations on the site are done under your nose. The implementation of this plan depends on the situation of personnel leading the team."

  Option 2 is that the agency for the inspection agency arranges the relationship between the hospital in advance according to the information provided by the examiner, and then the examiner will go to the hospital for a physical examination by himself.

"Just pretend that it's not the same as us, and do whatever you want to do when you arrive at the hospital. We will make your unqualified items qualified."

  "The first set of plans is 8,000 yuan, which will be paid after the inspection is successful; the second set of plans is 20,000 yuan, and the payment will be made after getting the result and passing the customs (if the result cannot be seen, the unit will notify you that you can enter the job)." The above-mentioned staff Say.

  According to its introduction, the agency inspection agency is located in Beijing, but there are outlets all over the country, and the agency inspection time can be quickly arranged. ".

  The reporter noticed that there may be the same group of people behind the agency inspection agencies that appear to be in different regions and with different contact methods. Some agency inspection agencies have the same service phone number although they have different names.

These agency inspection agencies basically only contact by phone. After paying the deposit and gaining trust, they will find the "gunman" for the medical examiner to meet offline.

In addition, there are some "gunners" who publish information on online second-hand trading platforms in their own names and provide inspection services.

  Liu Cheng was introduced to the reporter by "Snow in the Snow" who claimed to be the person in charge of a proxy inspection agency.

On February 28, the reporter contacted "Xuezhongqing" through a social platform on the grounds that he needed a physical examination but had liver function problems.

"One is to send a report directly, with the official seal of the hospital, and it costs 800 yuan; the other is to arrange a designated item for the inspector's physical examination, and one item is 1,000 yuan." "Xuezhongqing" replied that after the deposit was paid, the inspector was immediately arranged to be drawn. Blood, "Nothing but a refund."

  The next day, the reporter paid a deposit of 150 yuan.

Soon, Liu Cheng called to confirm the physical examination time and hospital.

When he learned that the inspection fee was 1,000 yuan, Liu Cheng was stunned for a moment and then confirmed to the reporter: "What is the fee she set with you? 1,000 yuan can't be done, and the minimum is 1,600 yuan."

  It turns out that Liu Cheng is not the "gunman" as "Xuezhongqing" said, but a "little leader" who is engaged in the agency inspection service in Beijing. "There are many agency inspectors in hand, and you can go to any hospital for a physical examination." .

He told reporters that he had to pay the toll of the inspector, the inspection fee and the hospital's "management fee". "1,600 yuan is already the lowest market price."

  did not check the identity carefully

  Poor inspection process

  How did the "gunners" arranged by these agency inspection agencies get the green light to pass the medical examination all the way in the hospital or medical examination institution?

  The reporter's investigation found that in addition to what Liu Cheng said about "taking care of hospital relations", the "undefended" state of some hospitals and physical examination institutions also condoned the phenomenon of proxy examinations to a certain extent.

  Recently, the reporter went to a medical examination institution in Chaoyang District, Beijing for a medical examination.

The first thing to do after entering is to take pictures on the spot without taking off the mask and enter it into the system, and then hold the medical checklist to test each item.

  According to the on-site staff, the agency stipulates that the inspection is not allowed, and it is mainly through the photos in the system to determine whether the examiner is the person.

However, the reporter noticed that the medical staff did not carefully check the photos during the specific test, and generally only asked the basic information of the name and age of the examiner.

  During the blood collection session, the reporter handed the vacuum blood collection tube with the name and age to the medical staff.

  "Every year, we encounter several cases on behalf of examinations. Once, a girl had an entrance examination. Because a certain index of her body was not up to standard, her mother was asked to perform examinations on her behalf, but their age difference was too great, and they were quickly identified. .” The above-mentioned staff member said, “But if the inspector and the examiner are very similar, we can’t identify it.”

  In addition, some medical examination institutions will not even require the examiner to paste a photo during the medical examination, let alone verify the identity carefully.

  In another hospital in Beijing, the reporter had a medical examination on the grounds of a driving test. After the staff took the medical examination form and asked for his name, he arranged for the reporter to test his eyesight.

He did not question the empty photo column on the right side of the medical examination form.

5 minutes later, the reporter got the medical report.

  In reality, if a physical examination is carried out, what legal responsibilities do you need to bear?

  Du Xiujun, a lawyer from Beijing Kangda Law Firm, told reporters that for all parties involved in the physical examination, they will bear the corresponding legal responsibility according to the specific circumstances of the proxy examination.

  For job seekers, having someone do a physical examination on their behalf constitutes civil fraud.

According to Du Xiujun, the Labor Contract Law stipulates that a labor contract signed by a company in violation of its true intentions by fraudulent means may be considered an invalid labor contract, and the company can request the labor dispute arbitration institution or the people's court for confirmation.

If the labor contract is invalid, it is deemed that the labor contract has not been signed with the company.

If damage is caused to the company, the job seeker shall be liable for compensation.

If the job seeker himself is a patient with an infectious disease and seeks someone to take a physical examination on his behalf, which causes the spread of an infectious disease or is at risk of spreading, it may constitute the crime of obstructing the prevention and treatment of infectious diseases and must bear criminal responsibility.

  For the agency inspection company, if it is a business, disrupting the market and social order, and the circumstances are particularly serious, it may constitute the crime of illegal business operations as stipulated in Article 225 of the Criminal Law.

If, during the medical examination, the job seeker knows that he has an infectious disease and still helps him enter the job through the medical examination, thus causing the spread of the infectious disease or the danger of spreading it, it may also constitute the crime of obstructing the prevention and treatment of infectious diseases.

If you forge or alter identity documents or use forged or altered identity documents during the physical examination, it may constitute the crime of forging or altering resident identity cards or the crime of using false identity documents.

  "For medical institutions, if they are not aware of the physical examinations of job seekers or intermediaries and actively participate in them, they are generally not liable. However, medical institutions should take measures to make up for the loopholes in the physical examination process, put an end to the physical examinations, so as to maintain medical institutions. The credibility of the medical report." Du Xiujun said.

  Manage the chaos of physical examinations

  Urgent need to eliminate employment discrimination

  "Where there is demand, there is a market." Liu Cheng said that to a certain extent he "serves those in need with all his heart".

  Zhao Lin from Shandong Province was going to apply for the flight attendant major in a university last year, but she has always had the problem of arrhythmia. In order to pass the physical examination smoothly, she spent 500 yuan to find a proxy examination, and was finally admitted to the school.

  On some social platforms, there are many people like Zhao Lin who have the need for inspection.

The reporter searched various posts and found that there are from time to time the help posts of "finding someone for a physical examination", some are for insurance, admission, driving test; some are job seekers suffering from viral hepatitis A, active tuberculosis and other diseases that hinder public health. To engage in takeaway, food and other industries, find a "gunman" to check and apply for a health certificate; there are also hepatitis B virus carriers, who have to find someone to replace the entry physical examination due to the violation of regulations by the employer. This group of people is the majority.

  On March 4th, in a post bar "Physical Examination Bar", a user claimed that his alanine aminotransferase was too high and could not pass the entrance examination, and a "medical helper" replied that "it can be solved"; on March 21, in the "Hepatitis B Bar" ”, a user said, “The company has a physical examination, and two and a half pairs of hepatitis B must be checked.” Worried about being discriminated against by colleagues or losing their jobs, he is looking for how to “evade” the physical examination. Someone can find a substitute.

  Huang Feilong is a hepatitis B virus carrier who was forced to look for an agent.

He was found to be carrying the hepatitis B virus when he was a child. After graduating from university in 2012, he was looking for a job. Worried that he would be discriminated against by the employer, he asked a friend to help with the inspection and joined a company.

  In March of this year, he needed to do the entry medical examination again after quitting the job, so he posted a post saying, "I am paid for an inspection on my behalf, and the remuneration is 1,000 yuan."

Not long after, a netizen sent a private message to him on the post bar, and the two agreed to pay the remuneration in two installments: 300 yuan first after the blood was drawn, and the remaining 700 yuan after the hospital showed that the physical examination results were normal.

The next morning, they met at the door of the hospital, and when they arrived at the blood draw project, the "gunman" came on stage and successfully completed the inspection.

  "There's no way. Now society still discriminates against hepatitis B virus carriers, so it's a last resort to ask for an inspection." Huang Feilong was a little helpless.

  In fact, medical examinations have a long history.

An industry insider told reporters that around 2007, the agency inspection business was particularly hot, and there was even a phenomenon that "gunners" in first-tier cities were too busy.

Later, with the state's requirement not to compel hepatitis B inspection, the hospital gradually standardized the physical examination process, and the phenomenon of the inspection on behalf of the people has converged.

  Article 30 of the Employment Promotion Law, which came into effect in January 2008, stipulates that when an employer recruits personnel, it shall not refuse the employment on the grounds of "being a carrier of an infectious disease pathogen".

  In February 2010, the Ministry of Human Resources and Social Security, the Ministry of Education, and the Ministry of Health jointly issued the "Notice on Further Regulating Enrollment and Employment Physical Examination Programs to Safeguard the Enrollment and Employment Rights of Hepatitis B Surface Antigen Carriers", further clarifying the cancellation of enrollment and employment physical examinations Hepatitis B virus testing items in .

  However, as Liu Cheng said, as long as the "market" demand exists, medical examinations are still repeatedly prohibited.

  According to Shen Jianfeng, Dean of the Law School of the China Institute of Labor Relations, as long as there are requirements for entry-level medical examinations, there may be a problem of illegal inspections. If the responsibility is not in place, this phenomenon will spread.

  "In the entry-level physical examination, the enterprise and the physical examination center are a kind of entrusting relationship. Unless it is a project prohibited by national law, the physical examination center accepts the entrustment to complete the physical examination, which does not violate the provisions of laws or policies, including the inspection of specific items. If the enterprise has labor Therefore, it is also possible to require testing of specific items, but this testing of specific items may constitute prima facie evidence of employment discrimination if there is no justification for employment. Depriving workers of the possibility of employment competition will constitute employment discrimination. Especially because job seekers are carriers of infectious disease pathogens and are not hired, it is employment discrimination clearly stipulated by law.” Shen Jianfeng said.

  Shen Jianfeng believes that although relevant laws and regulations prohibit employment discrimination, on the one hand, companies are worried that diseases or pathogens are easy to develop and increase labor costs; on the other hand, it involves public psychology. This may lead to employment discrimination by enterprises.

  Multi-party efforts to crack down on agency inspections

  Scientific attitude towards disease

  What are the fundamental solutions to curb the disorder of medical examinations?

Many experts interviewed by reporters believe that this requires concerted efforts from multiple parties, of which eliminating employment discrimination is the key.

  In the opinion of Liu Xiaonan, a professor at the Institute of Human Rights at China University of Political Science and Law, it is very important to have a good physical examination.

  Shen Jianfeng proposed that my country has a special labor security supervision system for illegal acts in the field of labor, which can be relieved through administrative law enforcement.

However, on the issue of employment discrimination, the labor administrative department is not particularly active, mainly because the Employment Promotion Law does not clearly stipulate the possibility of administrative agency intervention in employment discrimination, but only stipulates civil liability.

Although the "Regulations on Labor Security Supervision" stipulates the supervision of violations of labor security laws, it does not clarify the issue of labor security supervision of employment discrimination.

  "The "Interim Regulations on the Human Resources Market" passed in 2018 clarifies that the basic information of the unit, the number of recruits, recruitment conditions, job content, work location, basic labor remuneration and other recruitment information published or provided by the employer to the human resources service agency shall be true. , legal, must not contain discriminatory content in terms of ethnicity, race, gender, religious belief, etc., and stipulates the possibility of administrative organs to deal with, but the rules are mainly aimed at discrimination in recruitment information, not including other discriminatory behaviors.” Shen Jianfeng believes that employment discrimination should be included in the law enforcement scope of labor security supervision.

  In addition, the reporter noticed that the "Measures for Labor Law Supervision of Trade Unions" revised in 2021 has clearly included employment discrimination as the object of legal supervision of labor unions.

  Du Xiujun put forward suggestions from the level of system design. For example, the employer can be required to determine whether to hire or not, and then conduct an entry medical examination. For those who meet the entry requirements of the law, the employer must not refuse to join; for personal privacy unrelated to work, the employer must not. Physical examinations are required; employee physical examinations can be reviewed by a third-party neutral agency to effectively protect the personal privacy of job seekers unrelated to work.

  "You can also consider identifying the physical examination personnel through technical means to eliminate the behavior of substituting physical examinations." Du Xiujun said.

  The reporter noticed that at present, some hospitals ensure the information of each medical examiner by stamping the personal photo of the medical examination form with a seam stamp, attaching a wristband with a name to the medical examiner, and checking the personal information through the ID card scanning machine. Real and effective.

In Du Xiujun's view, this approach is worthy of reference by various testing institutions. When the employer signs a medical examination agreement with the hospital, it may wish to agree on the hospital's obligation to prevent inspections on behalf of the hospital. Once an employee is found to have passed the test, they can claim compensation from the hospital according to the agreement.

  "We must treat diseases with a scientific attitude and respect the possibility of everyone's labor and development." Du Xiujun said.

  (Liu Cheng, Zhao Lin and Huang Feilong are all pseudonyms in the text)