Employees Suffering From Hepatitis B Discrimination, Forced To Resign, Awarded

After checking out the hepatitis B in physical examination, Ms. Zhang was "looked at" by colleagues, and was discriminated and disliked by the company leader, and was forced to resign.

Afterwards, she took the company to court for compensation.

A few days ago, the court ordered the company to pay the economic compensation for the termination of labor relations to more than 3 yuan.

In 2012, Ms. Zhang was found to have hepatitis B in a medical examination organized by the company.

Miss Zhang said she was worried about her illness, and insisted on her treatment while she was working hard.

I have never thought that the company's colleagues often excluded and discriminated against her because she had hepatitis B, which made it difficult for her to accept that the company bosses not only did not understand and uphold justice, but set up obstacles everywhere, repeatedly blamed their work quality for being unqualified and persuaded them.

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In desperation, coupled with the worsening of her illness, Ms. Zhang was finally forced to sign an agreement to terminate the labor contract and leave the application.

But the company did not make any cancellation of contract compensation to Ms. Zhang. She sent the company to the court for a claim.

The company believes that the resignation application stated: Ms. Zhang volunteered to leave for personal reasons, and the company approved her resignation request, so she did not have to pay Ms. Zhang.

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The court found that in the case, Ms. Zhang signed two documents, one of which was leave application.

The resignation application showed that the reason for leaving was "Ms. Zhang volunteered to quit". On the same day, Ms. Zhang signed the agreement on dissolution of labor contract. The agreement reads: the two sides agreed to terminate the labor contract, and the company paid economic compensation according to law.

The two documents are provided by the company. Although the reasons for the dissolution of labor relations are inconsistent, the company as an employer should bear the corresponding unfavorable explanation on the reasons for the termination of labor relations.

Accordingly, the court made the decision.

The judges said that when some employees were recruited, they were required to provide their own physical examination reports containing hepatitis B items, or to detect hepatitis B items in the name of welfare examination, and to hire or dismiss employees accordingly. This is clearly prohibited by law.

"In addition to the laws, administrative regulations and the work of the health administration department under the State Council that is easy to spread the spread of infectious diseases, the employer should not detect hepatitis B in the entry examination."

The judge said that the employment promotion law also stipulates that employers should not employ persons on the grounds of infectious carrier carriers.

The judge appealed to the employer to protect the lawful rights and interests of the sick workers in accordance with the law. If the workers could not continue their work due to the physical reasons, they should also properly handle the lifting of the labor relations in the light of caring for the workers, undertake the social responsibilities of the employing units, and effectively protect the legitimate rights and interests of the workers.