Expert advice on employment discrimination for people who have recovered from new coronary pneumonia
Protect sensitive personal information such as medical and health care in accordance with the law
□ Our reporter Chen Lei
□ Zhou Yubu, an intern of this newspaper
Recently, some media reported that some people who have recovered from the new coronary pneumonia have repeatedly encountered obstacles when applying for jobs. They have been told to "don't want to be positive, and don't want to enter the cabin." Some companies also asked to check the nucleic acid test records of job applicants in the past two months. .
In this regard, a large number of netizens expressed sympathy for job seekers, criticized and accused related companies, and called for an end to employment discrimination.
According to information from the official website of the National Health Commission, as of the end of June this year, more than 220,000 cases of new coronary pneumonia have been cured and discharged from 31 provinces (autonomous regions and municipalities) and the Xinjiang Production and Construction Corps.
This means that they have returned to society as healthy people, and should have the right to fair employment.
What legal provisions did the above recruitment companies violate?
How to solve the problem of discrimination against job seekers who have recovered from the new crown pneumonia?
Recently, the "Rule of Law Daily" reporter interviewed Shen Jianfeng, dean of the Law School of China Institute of Labor Relations, Wang Xianyong, a professor of the Civil, Commercial and Economic Law School of China University of Political Science and Law, and Guo Zheng, a partner of Beijing Tianchi Juntai Law Firm.
Reporter: People who have recovered from COVID-19 have encountered obstacles in their job search. Are the relevant companies suspected of breaking the law? What legal regulations might they violate?
Shen Jianfeng: The above-mentioned practice of discriminating against people who have recovered from COVID-19 in seeking employment is obviously illegal. It violates the rights of people who have recovered from COVID-19 to be employed on an equal footing. It often brings mental damage and economic losses to them, and is not conducive to the resumption of work and production by enterprises.
Wang Xianyong: The Employment Promotion Law stipulates that employers who recruit personnel and employment agencies to engage in employment agency activities shall provide workers with equal employment opportunities and fair employment conditions, and employment discrimination shall not be implemented.
Employers shall not refuse to hire personnel on the grounds that they are carriers of infectious disease pathogens.
The Law on the Prevention and Control of Infectious Diseases stipulates that no unit or individual may discriminate against infectious disease patients, pathogen carriers and suspected infectious disease patients.
Reporter: We have noticed that in addition to the above-mentioned legal provisions, policies at the national level have also made this clear.
For example, the "Implementation Opinions of the General Office of the State Council on Strengthening Employment Stabilization Measures in Response to the Impact of the New Coronary Pneumonia Epidemic" in March 2020 put forward, "Maintain employment fairness and resolutely correct employment discrimination against workers in severely affected areas."
Some places also stipulate that for cured patients with new coronary pneumonia, employers cannot refuse to hire them on the grounds that they have suffered from infectious diseases.
So why does this discrimination still occur?
Shen Jianfeng: Under the circumstances clearly stipulated by laws and policies, enterprises disregard laws and policies and discriminate against people who have recovered from COVID-19. First, they are not aware of the problems of employment discrimination and their legal responsibilities, and secondly, they lack correct understanding of recovery from COVID-19. .
Reporter: Where should we start to cut off the chain of discrimination against people who have recovered from COVID-19?
Should we face up to the concerns of recruiting companies?
Shen Jianfeng: First of all, it is necessary to establish a scientific concept of epidemic prevention, and we must not demonize the patients of this infectious disease and their recovered patients.
Secondly, we should increase the publicity of anti-employment discrimination. Without justifiable reasons, excluding a specific person from participating in the labor market competition with a standard that is not related to work is employment discrimination, and employment discrimination should bear corresponding legal responsibility.
In addition, legal remedies for employment discrimination should be strengthened.
At present, there are only one remedy for employment discrimination. Workers who encounter employment discrimination can only file civil lawsuits. The responsibility of recruiting companies is relatively light, usually about 2,000 yuan in compensation for mental damage, which hinders the implementation of anti-employment discrimination.
By improving the law, administrative relief should be added, and a punitive compensation system should be considered.
Guo Zheng: It is necessary to popularize professional medical knowledge related to infectious diseases to enterprises and other employers, especially after the patients with new coronary pneumonia are cured, whether the virus still exists in their bodies, and whether the surrounding "close" personnel are still infectious. Provide professional opinions and past clinical conditions, and actively dispel the doubts of enterprises.
At the same time, it is necessary to popularize the relevant legal system to the recovered patients from the new crown pneumonia, and inform them that they have the right to safeguard their legitimate rights and interests if they encounter discriminatory treatment by employers.
According to the Employment Promotion Law, if employment discrimination is implemented in violation of the provisions of this law, workers may file a lawsuit in the people's court.
This provides guidance and basis for labor rights protection.
If the above-mentioned workers are too weak to defend their rights, the labor inspection department and trade union organizations should take the lead to urge the illegal enterprises to rectify according to the law through interviews, training and other methods.
Reporter: Does the company have the right to check the nucleic acid test records of job applicants?
How is such personal information protected?
Wang Xianyong: In accordance with the provisions of the Personal Information Protection Law, sensitive personal information such as the medical and health of patients who have recovered from COVID-19 should be protected in accordance with the law.
Medical and health care is sensitive personal information, and personal information processors can only process sensitive personal information if there is a specific purpose and sufficient necessity and strict protection measures are taken.
At the same time, according to the Labor Contract Law, workers are not required to provide information on recovery from COVID-19, as this is not basic information directly related to the labor contract.
Guo Zheng: It is suggested that the positive records of nucleic acid tests should be hidden from patients who have recovered from the new coronary pneumonia in the health code mini-programs in various places.
It is only reserved in the background and will not be displayed to the outside world, which effectively prevents applicants from being discriminated against.
This will help people who have recovered from the new coronary pneumonia to avoid discrimination in employment and return to normal life as soon as possible.