It Is Difficult For The Employer To Hire A Sick Person Before Taking The Medical Examination.

Xiao Wang was a graduate student of a university in Beijing in 2012. He signed an employment agreement with a college in January 2012. He agreed that Xiao Wang had to undergo a medical examination at the Academy of Sciences when he arrived. If he failed, he would not be hired and he would return the personnel relationship to the school.

In April Xiao Wang formally went to the Academy of Sciences to report.

Because Xiao Wang did not get a master's degree at that time, and because of the special circumstances of the Academy of Sciences, there was no physical examination for Xiao Wang.

In May, the two sides signed a contract of employment for a period of five years, with a trial period of 3 months.

In June, the Academy of Sciences organized a physical examination of new recruits such as Wang and Wang.

Subsequently, both the physical examination hospital and the Beijing structural disease prevention and treatment center diagnosed Wang Wang suffering from tuberculosis, but no infection could work normally.

In July, the Academy of Sciences sent a letter to Xiao Wang's school. Xiao Wang found out that he had secondary pulmonary tuberculosis in the physical examination and did not meet the employment standards. He returned the personnel relationship of Xiao Wang to the school, and informed Xiao Wang to cancel the employment contract.

After labor arbitration and litigation, the court finally decided that the Academy of sciences would continue to fulfil its original employment contract.

The twenty-first provision of the labor contract law stipulates: "during the probation period, the employer shall not terminate the labor contract except that the worker has thirty-ninth or fortieth provisions and second provisions.

If the employer terminates the labor contract during the probation period, he shall explain the reason to the worker.

The thirty-ninth rule states: "if a worker has one of the following circumstances, the employer may rescind the labor contract: (1) it is proved to be inconsistent with the employment conditions during the probation period;".

The fortieth rule: "in one of the following situations, the employer can notify the worker himself in writing or pay the employee one month's wages in advance thirty days in advance, and may terminate the labor contract. (1) if the worker is sick or is not injured by work, he can not engage in the original work after the prescribed medical treatment expires, nor can he engage in any work arranged separately by the employer." (two) the worker is not competent, and after training or adjustment, he is still not competent.

According to the above legal provisions, although the Academy of Sciences signed with Xiao Wang

The book stipulate that the physical examination is not acceptable. However, due to the reason of the academy itself, there is no contract with Xiao Wang before signing the employment contract, and the contract is signed voluntarily. At the same time, the medical institution has also issued a certificate that Xiao Wang's disease is not infectious and can work normally.

In the light of the above situation, the Academy of Sciences returned its personnel relationship to school on the grounds that it did not meet the prescribed conditions of acceptance on the grounds of employing a queen, which seriously infringed upon the rights and interests of Xiao Wang, nor did it meet the requirements.

It is stipulated that the employment contract should be continued.

In the process of concluding a labor contract, it is an essential element. The relevant laws of our country also explicitly stipulate the protection of the rights and interests of laborers during the probation period. First, the period of probationary period is strictly stipulated, and the duration of labor contracts for more than three months is not more than one month. The probation period of a labor contract with a term of less than three years for more than one year is not more than two months; the probation period of three years or more fixed term and fixed period shall not exceed six months.

The second is the wages during the probation period, and the prescribed requirements shall not be lower than the minimum wage of the same post of the same unit or eighty percent of the wage stipulated in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

Finally, the right to rescind the labor contract is limited during the probation period. Only when the worker has clearly stipulated the law, can the unit exercise the right of rescission.