China News Service, August 1st, the website of the Ministry of Human Resources and Social Security released the "Emergency Notice of the Ministry of Human Resources and Social Security and the National Health and Health Commission on Resolutely Combating Employment Discrimination against New Coronary Pneumonia Rehabilitation Persons" (hereinafter referred to as the "Notice"), "Notice" It is proposed that employing units and human resources service agencies refuse to recruit (employ) people who have recovered from the new coronary pneumonia on the grounds that they have previously tested positive for the new coronary pneumonia virus nucleic acid.
It is strictly forbidden for employing units to discriminate against people who have recovered from COVID-19 in the process of entry and employment of workers.
It is strictly forbidden for employing units to illegally dismiss or dismiss people who have recovered from the new coronary pneumonia.
The "Notice" stated that recently, some places have abused the "health code" and other testing and query tools to implement employment discrimination against people who have recovered from the new coronary pneumonia, seriously infringing on workers' equal employment rights and interests, and social repercussions have been strong.
In order to protect the equal employment rights and interests of people who have recovered from COVID-19, the Notice requires a scientific understanding of the transmission mechanism of the COVID-19 virus.
The latest medical research shows that respiratory droplets and close contact are the main routes for the spread of the new coronary pneumonia virus. After treatment, patients with new coronary pneumonia have a negative viral nucleic acid test and have reached the standard of release from isolation management and hospital discharge. Their daily work, study or daily contact will not. lead to the spread of the coronavirus.
The "Notice" requires that new coronavirus nucleic acid detection and inquiries should be standardized.
Except for the needs of epidemic prevention and control and scientific and reasonable setting of the query period for new coronavirus nucleic acid testing information, no unit or individual may illegally inquire about relevant testing results without authorization.
The "Notice" makes it clear that the employment rights and interests of people who have recovered from COVID-19 must be protected in accordance with the law.
We must unswervingly adhere to the general strategy of "preventing imports from abroad and preventing rebound from within" and the general policy of "dynamic clearing", implement the Employment Promotion Law, the Law on the Prevention and Control of Infectious Diseases, and the "Interim Regulations on the Human Resources Market", and earnestly safeguard the equality of those who have recovered from COVID-19. employment rights.
It is strictly forbidden for employers to release or entrust the release of recruitment information containing discriminatory content such as a positive nucleic acid test history for the new coronavirus.
It is strictly forbidden for employing units and human resources service agencies to refuse to recruit (employ) people who have recovered from the new coronary pneumonia on the grounds that they have previously tested positive for the new coronary pneumonia virus nucleic acid.
It is strictly forbidden for employing units to discriminate against people who have recovered from COVID-19 in the process of entry and employment of workers.
It is strictly forbidden for employing units to illegally dismiss or dismiss people who have recovered from the new coronary pneumonia.
Support workers in filing lawsuits in the People's Court for employment discrimination and infringement issues.
The "Notice" emphasizes that it is necessary to investigate, punish and expose relevant employment discrimination violations in accordance with the law.
It is necessary to further unblock the channels for complaints and reports, strictly implement the first-inquiry responsibility system, and deal with the reasonable and legitimate demands of workers in a timely and effective manner.
Strengthen investigation and inspection, and if employers, human resources service agencies or other units and individuals illegally inquire about nucleic acid test results, set an inquiry period beyond a reasonable time limit, or apply employment discrimination to people who have recovered from new coronary pneumonia, they must quickly investigate and handle according to the division of responsibilities, and take measures. Powerful measures such as administrative interviews, notification exposures, administrative handling, and administrative punishments were found to be dealt with seriously.
If the recruitment information contains relevant discriminatory content, the labor security supervision agency shall deal with and punish severely in accordance with the provisions of Article 43 of the "Interim Regulations on the Human Resources Market".
Those involving other employment discrimination or illegal use of nucleic acid testing information shall be dealt with in accordance with relevant laws and regulations.
The "Notice" requires that publicity and guidance should be strengthened.
Human resources and social security departments should strengthen the publicity of the law to employers and human resources service agencies, and enhance the awareness of the rule of law and the awareness of law-abiding market players.
Health authorities should take effective measures to carry out various forms of popular science propaganda, eliminate misunderstandings about the spread of the new crown pneumonia virus to the greatest extent, adhere to scientific prevention and control, and prevent excessive epidemic prevention and layer-by-layer "one size fits all" from the source.
The investigation and punishment of typical issues involving employment discrimination of people who have recovered from the new crown must take the initiative to publicly expose them, respond to social concerns, and form a warning and deterrent effect.
The "Notice" emphasizes the need to strengthen the implementation of responsibilities.
It is necessary to strengthen supervision, guidance, supervision and inspection, to supervise and urge corrections within a time limit for the found dereliction of duty and responsibility, and to hold relevant units and responsible persons accountable in accordance with laws and regulations.
The Ministry of Human Resources and Social Security and the National Health and Health Commission will conduct unannounced and unannounced visits to the implementation of various regions in a timely manner to promote the implementation of various requirements.