Hepatitis B Employees Were Pushed Out, Forced To Resign, Sue The Original Unit For A Lawsuit, Claim 30 Thousand

In 2012, in the company's physical examination, Ms. Zhang was diagnosed with hepatitis B.

Ms. Zhang complained that she kept working hard while she was taking care of her treatment.

What she did not expect was that, because of illness, her colleagues often excluded her from discrimination. What made her sad was that the boss was also embarrassing everywhere. She repeatedly made excuses to rebuke her work for being unqualified and advised her to leave. She was asked to sign the company's labor contract agreement and leave application.

Ms. Zhang said she was forced to sign an agreement to terminate the labor contract and leave her job in spite of her reluctantly worsening her condition.

In the court, the company argued that Ms. Zhang had voluntarily filed for resignation for personal reasons because of her resignation application. The company approved her resignation request and signed a labor contract agreement with her, so she did not have to pay the economic compensation for Ms. Zhang's dissolution of her labor contract.

The court of Haidian found that two documents were signed by Ms. Zhang, one of which was provided by the company.

The reason for leaving the application is Miss Zhang's resignation.

Meanwhile, on the same day, Ms. Zhang signed the agreement on dissolution of labor contract provided by the company. The agreement clearly stated that the two sides agreed to unanimously.

The company pays economic compensation in accordance with the law. "

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

The court accordingly concluded that the two sides agreed on labour relations by the company.

The company ordered the company to pay more than 3 yuan of economic compensation for the termination of labor relations to Ms. Zhang.

The judges who undertake the case say that some employers require workers to provide medical examination reports containing hepatitis B projects on their own, or test the hepatitis B project in the name of welfare physical examination, and to employ or dismiss employees according to the law. This is a clear prohibition of the 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.

"Even if it is hepatitis B patients, employers should also protect the legitimate rights and interests of the sick workers according to law. If they are unable to continue their work due to physical reasons, they should also properly handle the lifting of labor relations in the light of caring for the workers, undertake the social responsibilities of their employers, and protect the legitimate rights and interests of workers."

The judge said that for sick workers, employers should strengthen care and help rather than malicious layoffs.

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According to Song Shan, lawyer of Jingdong law firm in Tianjin, according to the forty-second provision of the labor contract law of the People's Republic of China, the employer may not terminate the labor contract during the prescribed medical period if the worker is sick or injured.

Due to cervical spondylosis is still in the medical treatment period, the company's termination of the labor contract with Kim is in violation of the law.

The forty-eighth provision of the labor contract law of the People's Republic of China stipulates that if the employing unit violates the provisions of this law to terminate or terminate the labor contract, and if the worker requests to continue to perform the labor contract, the employing unit shall continue to perform. If the worker fails to continue to fulfil the labor contract or the labor contract can not continue to perform, the employer shall pay the compensation in accordance with the eighty-seventh provision of this law.

The compensation demanded by Kim is in accordance with the law.

The forty-seventh provision of the labor contract law of the People's Republic of China stipulates that economic compensation shall be paid to the laborers according to the number of years worked by the laborers in their units and the wages paid for one month per year.

For more than six months with less than one year, the financial compensation for half a month's wages will be paid to the laborers for a period of one year or less than six months.

The monthly salary of laborers is higher than that of the Municipal People's Government of the municipality directly under the central government or the municipal district where the unit is located, and the monthly average wage of the workers in the region is three times higher than that of the local people's government. The standard of paying the economic compensation to the workers is three times the average monthly wage of the workers, and the maximum period of payment for the economic compensation is not more than twelve years.

The monthly wages mentioned in this article refer to the average wages of laborers twelve months before the termination or termination of labor contracts.

The eighty-seventh provision of the labor contract law of the People's Republic of China stipulates that if the employing unit violates the provisions of this law to terminate or terminate the labor contract, it shall pay compensation to the laborers in accordance with two times the standard of economic compensation stipulated in the forty-seventh provision of this law.

The amount of compensation for breach of contract is provided by law.