China News Service, August 16th, the website of the Ministry of Human Resources and Social Security released the "Notice of the Supreme People's Court of the Ministry of Human Resources and Social Security on Strengthening Administrative and Judicial Linkages to Ensure Equal Employment Rights of New Coronary Pneumonia Recovered Workers" (hereinafter referred to as the "Notice") The "Notice" clearly states that discrimination against workers such as those who have recovered from COVID-19 is strictly prohibited.

According to the Labor Law, Employment Promotion Law, Infectious Disease Prevention and Control Law and other laws and regulations, employers who recruit personnel and human resources service agencies to engage in occupational intermediary activities shall not discriminate against workers such as those who have recovered from COVID-19.

  Recently, some units violated the Labor Law, the Employment Promotion Law, the Infectious Disease Prevention Law and other relevant laws and regulations, and restricted workers such as those who had recovered from the new crown pneumonia from seeking employment on the grounds that they had tested positive for the new coronavirus nucleic acid, and the relevant workers had equal employment rights. Violations are widely concerned by the society.

In order to strengthen administrative and judicial coordination and linkage, and further protect the equal employment rights of workers who have recovered from COVID-19, the "Notice" makes it clear that discrimination against workers who have recovered from COVID-19 is strictly prohibited.

According to the Labor Law, Employment Promotion Law, Infectious Disease Prevention and Control Law and other laws and regulations, employers who recruit personnel and human resources service agencies to engage in occupational intermediary activities shall not discriminate against workers such as those who have recovered from COVID-19.

Employers and human resources service agencies shall abide by relevant laws and regulations, and shall not refuse to recruit (hire) workers such as those who have recovered from COVID-19 on the grounds that they have ever tested positive for COVID-19 virus nucleic acid; they shall not publish recruitment information containing discriminatory content; Except for the needs of epidemic prevention and control, it is not allowed to violate the Personal Information Protection Law and other relevant regulations to illegally inquire about the nucleic acid test results of the new coronavirus without authorization.

  The "Notice" pointed out that it is necessary to strengthen the supervision of recruitment activities.

Human resources and social security departments should strengthen the supervision of the recruitment activities of employers and human resources service agencies, publicize and popularize laws, regulations and policies, urge employers and human resources service agencies to strictly abide by laws and regulations, and promptly investigate and punish illegal acts.

If an employer publishes recruitment information that discriminates against workers who have recovered from COVID-19, and human resources service agencies fail to perform their legality review obligations, they must be found and severely punished in accordance with the Interim Regulations on the Human Resources Market.

If the circumstances are serious or cause serious adverse effects, it is necessary to urge rectification through administrative interviews, exposure and other methods.

Employers who discriminate in employment against workers such as those who have recovered from COVID-19 and infringe on workers' equal employment rights, inform workers that they can file a lawsuit in the people's court.

  The "Notice" requires that the trial of employment discrimination cases should be strengthened.

If an employer discriminates against workers such as those who have recovered from COVID-19, or illegally inquires about the results of nucleic acid testing for COVID-19, workers may file a lawsuit in a people's court on the grounds of infringing on equal employment rights and personal information rights and interests.

For employment discrimination cases with clear facts and clear legal relationships, the people's courts, on the premise of ensuring fairness, must improve the efficiency of judicial protection and achieve quick establishment, quick trial, and quick conclusion.

Workers request the people's court to investigate and collect evidence, and the people's court shall actively investigate applications that meet statutory conditions.

During the trial of a case, the people's court shall fully consider the parties' ability to produce evidence, and reasonably allocate the burden of proof in accordance with the principles of good faith and fairness, so that the legitimate rights and interests of laborers can be properly protected.

  The "Notice" pointed out that it is necessary to improve the coordination and cooperation mechanism between human resources and social security departments and people's courts.

Human resources and social security departments and people's courts in all regions should conscientiously perform their duties, establish systems for reporting employment discrimination and statistical information, and improve relevant policy measures and judicial interpretations.

In the process of hearing employment discrimination cases, if the people's court finds that the recruitment information of the employer contains discriminatory content, it may notify the human resources and social security department of the clues of the illegal act, and the human resources and social security department shall check it in time, and investigate and deal with the relevant illegal acts. Report the situation to the people's court.

Human resources and social security departments and people's courts in all regions should strengthen discussions and exchanges on difficult and complex cases and issues of law application, carry out legal publicity through joint publication of typical cases and other methods, warn and educate offenders, and guide employers and human resources service agencies to abide by discipline Law-abiding, laborers protect their rights rationally in accordance with the law, and protect laborers' equal employment rights.