Workplace: How Should We Deal With Hepatitis B Workers?

It is a discriminatory act to give people unequal treatment or deprive them of their normal rights because of race, age, sex, nationality, religion or disability.

Anti discrimination is an important part in the field of human rights protection, and the anti discrimination legal system is an important legal weapon to protect vulnerable groups in society.

I am the office director of a trading company. I am the elder of the company.

Now I am in charge of personnel and logistics in the company.

Recently, I encountered a difficult problem, which stems from the physical examination organized by the company three months ago.

Xiao Li, a secretary of the Department, was found to have hepatitis B.

For her health and to prevent infection, we let her take three months' sick leave.

The first two days, Xiao Li called me to say that she felt much better, and the doctor said there was nothing wrong, so she wanted to come to work.

I told her case and their section chief.

Their chief said, after the examination results came out, Cory's colleagues were worried that they had been infected and had a good one to sterilize them.

Now that Xiao Li wants to come back, we all have concerns and work arrangements. I hope the company can persuade him to resign.

Some people came up with the idea of letting the company compensate her and then terminate the contract.

I know that most people in the company don't want Xiao Li to come back to work.

But it does not seem fair to Xiao Li.

I used to be a salesperson, but I have gradually switched to management in the past two years, and I am not familiar with the relevant policies and regulations.

I don't know what the law requires. What should I do?

Lao Wang, the reader,

Since 1920s, various international organizations and governments have passed legislation.

Banned.

China has ratified a series of anti discrimination conventions, including the Convention on the elimination of employment and occupational discrimination, formulated by the United Nations and the International Labour Organization in 1958. At the same time, through the provisions of the constitution, the trade union law, the labor law and the employment promotion act, some declarative, empowering and basic provisions on anti discrimination have been made.

As for the problem of anti discrimination in the field of employment, the labor law of China clearly stipulates that workers enjoy equal employment rights.

The employment promotion act is also clear that employers should not employ persons on the grounds of infectious carrier carriers.

"Labor employment service and employment management regulations" and the Ministry of human resources and social security and related departments have also issued a civilization to ensure the right to maintain the employment of hepatitis B surface antigen carriers, and stipulate that in the process of recruitment and employment, the HBV serological indicators should not be forced to be used as a physical examination standard, except in the state laws, administrative regulations and the Ministry of health.

The body fluids of hepatitis B patients do exist.

Many people are also very afraid that they will be infected when they work together.

And the fact is not so terrible.

Xiao Li, a staff member of your company, was found "big three yang" in the routine physical examination.

The so-called "big three yang" refers to chronic hepatitis B patients or hepatitis B virus carriers in the body of hepatitis B virus immune indicators show positive, often suggesting that the virus replication in vivo is more active, but whether it caused serious liver damage, but also depends on the liver function test and the patient's self-conscious symptoms.

The existing medical knowledge also shows that hepatitis B virus is pmitted mainly through mother, infant, blood, sexual contact, eating together, shaking hands, etiquette kissing, hugging, dancing, playing together, traveling, living in the same room, and taking lessons in the same classroom.

Xiao Li has been out of bed for some time, and now the doctor ordered him to go to work. Therefore, although he is a carrier of hepatitis B surface antigen, it does not affect normal work.

Your colleagues are obviously worried about being infected.

And little Li Yuan's secretarial job is not.

There is no legal basis for persuaded them to resign if they are prohibited from engaging in the spread of infectious diseases.

According to the regulations, if the worker can not engage in the original work at the expiration of his medical treatment, nor can he engage in any other work arranged by the unit, the employer can give notice to terminate the labor contract and pay the economic compensation one month in advance.

According to Xiao Li's statement, the doctor ordered him to go to work, and he also asked to go to work, so it did not conform to the above circumstances that could pay the economic compensation and terminate the labor contract.

It is illegal to persuade Xiao Li to resign and to cancel the labor contract after giving compensation.