Red Star News reporter Chen Qingyuan intern Li Shuangshuang
Edited by Zhang Xun
In February this year, Ms. Zhang (pseudonym) applied for the position of assistant to the chairman of Wanyang Group through the online job search platform and successfully passed the interview. Before the onboarding physical examination, Ms. Zhang was told that she needed to do hepatitis B antigen antibody system testing (hereinafter referred to as "hepatitis B five tests"), and she herself mentioned to the group HR that she was a hepatitis B virus carrier. After submitting the induction medical examination report, Ms. Zhang was told that after a meeting of the leaders, she could not be allowed to join the company.
For such an encounter, Ms. Zhang believed that she was discriminated against because of hepatitis B, so she entrusted a lawyer to sue Wanyang Group to the Lucheng District People's Court in Wenzhou City. At present, Ms. Zhang has received a summons from the court to notify her to participate in the pre-trial conference on April 21.
The court summons received by Ms. Zhang
The HR of Wanyang Group said that the reason for refusing Ms. Zhang's entry was not because she carried the hepatitis B virus, but because the job demand indicated that "drinking alcohol is needed during the banquet reception at work", and drinking alcohol affects health, considering Ms. Zhang's physical health, so she was rejected. The HR also said the company would appear in court on schedule.
The company asked for a hepatitis B test suspected of being rejected for hepatitis B
On February 15 this year, Ms. Zhang (pseudonym) contacted the HR of Wanyang Group through boss direct employment software to interview the position of assistant to the chairman. After successfully passing the interview, Ms. Zhang agreed to join the company. Before entering the medical examination, Ms. Zhang informed HR that she was congenitally inherited hepatitis B (maternal and infant fetal belt hepatitis B). On the afternoon of February 24, Ms. Zhang submitted an entry medical examination report to HR, including five tests for hepatitis B.
Ms. Zhang said that she received a call that night from the company's HR refusing to enter the company, and she guessed that she was denied admission because she carried the hepatitis B virus. Subsequently, Ms. Zhang entrusted a lawyer to sue Wanyang Group to the Lucheng District People's Court in Wenzhou City.
The screenshot of her chat with Wanyang Group HR provided by Ms. Zhang shows that according to the company's original arrangement, Ms. Zhang can be officially hired on February 24, and needs to submit relevant information and medical examination report before joining. Wanyang Group HR proposed that the physical examination report should include a basic entry physical examination package, hepatitis B antigen antibody system test (hepatitis B five tests, also known as hepatitis B two-and-a-half), urine test.
Before the physical examination, Ms. Zhang voluntarily revealed to HR that she was congenitally inherited hepatitis B, but her liver function was normal and there was no virus. In response, HR replied: "Subject to the hospital physical examination report".
HR's request for a medical examination from Ms. Zhang
Ms. Zhang told Red Star News that she has been engaged in the assistant to the chairman for 6 years, and the previous entry physical examination has never been required to check five items of hepatitis B. "I didn't think the other person would reject me because of this, so I did as I was asked."
On February 23, Ms. Zhang went to Nanpu Park, the Second Affiliated Hospital of Wenzhou Medical College, for physical examination at the request of Wanyang Group HR. According to Ms. Zhang's recollection, before the physical examination, she indicated to the hospital that the physical examination items requested by the company included five tests for hepatitis B, and the hospital did not consult Ms. Zhang's wishes before issuing a single examination. The physical examination report shows that the examination results and opinions provided by the hospital are: qualified, it is recommended not to engage in the catering industry, and if you need to consider the work factors, you need to do HBV-DNA testing first.
Ms. Zhang's physical examination results
Ms. Zhang said that on the afternoon of February 24, she sent a test report to the group's HR, and said that she consulted a doctor, "This is not transmitted to others, I am taking medicine, and the value will drop a lot in a few months." ”
That night, Ms. Zhang received a call from the company and apologized to her, saying that after a meeting of the leaders, she decided not to let Ms. Zhang join, one is to consider that there is occasional alcohol consumption at work, which may lead to the risk of Ms. Zhang's five hepatitis B values, and the other is that the leaders believe that Ms. Zhang's hepatitis B virus will be transmitted to the chairman and peers when going out to socialize.
Ms. Zhang said: "When I was applying for a job, I made it clear that I could drink alcohol appropriately, once in a while, but not for a long time, and what he said was drinking red wine, which I was acceptable to me." In addition, Ms. Zhang specifically went to the hospital to consult the infectiousness of the hepatitis B virus she carried, "I told the doctor that this company is in the construction industry, and the doctor said that it would definitely not be contagious." ”
On February 25, Ms. Zhang wanted to fight for another job opportunity after getting the medical examination report. In response to Ms. Zhang's appeal, HR responded that the company's feedback result was that other candidates had passed, and the group selected the best candidates, and apologized to Ms. Zhang.
HR asks if you can drink alcohol when applying for a job
The next day, Ms. Zhang asked HR again about "why did she refuse to hire after notifying the hiring and then refused to hire because it included hepatitis B" again. The other party responded that during the interview process, Ms. Zhang never clearly informed her that her body was not suitable for drinking, her physical condition could not match the job requirements, and she could not be hired out of responsibility for Ms. Zhang and the company.
Ms. Zhang believed that her personality rights had been insulted in the incident and sued the company on the grounds of an equal employment rights dispute. On March 29, Ms. Zhang received a court summons to attend the pre-trial conference on April 21. Ms. Zhang hopes to receive due compensation and apology.
The company HR said that the post has the right to refuse those who do not meet the requirements
According to the information on the official website of Wanyang Group, Wanyang Group was founded in 1998, is a top 500 private enterprise in China, the group is a manufacturing agglomeration platform operator and small and medium-sized enterprise cluster service provider, with investment and development, industrial investment, construction and construction, park operation and financial services of the whole industrial chain system of the park.
On April 7, Mr. Chen, HR of Wanyang Group, told Red Star News that the reason for refusing Ms. Zhang's entry was not because she carried hepatitis B virus, but because the job demand indicated that "drinks are needed during the banquet reception at work", and ms. Zhang was considered by her physical health, so she was rejected.
"I asked her if I could drink when I interviewed her, and she didn't directly say that she couldn't drink, and if she explained it in the first round of interviews, then we wouldn't pass." Mr. Chen said. For example, Mr. Chen also said that the company has also recruited a staff member who carries the hepatitis B virus, but the staff member is in a financial position and does not need to drink alcohol.
Mr. Chen mentioned that ms. Zhang was indeed required to do five tests for hepatitis B in the entry physical examination project, because Ms. Zhang's job search was special and it was required to do hepatitis B-related tests. "Some hepatitis B is hidden, I have also searched for some information, asked some third-party institutions, all said hepatitis B can not drink alcohol," Mr. Chen stressed, "some job seekers do not know whether they have hepatitis B, need to test to know." ”
Regarding the lawsuit filed by Ms. Zhang, Mr. Chen said that at present, the company has received a court summons and will appear in court on time. "We came according to the formal process, from our point of view, there is a two-way choice between the candidate and the company, she does not meet the requirements of the position, we have the right to refuse her."
Attorneys: Drinking alcohol cannot be a reason for a company's refusal to admit a person
As early as February 2010, the Ministry of Human Resources and Social Security, the Ministry of Education, the Ministry of Health, etc. jointly issued the Notice on Further Regulating the Enrollment and Employment Physical Examination Program to Safeguard the Admission and Employment Rights of Hepatitis B Surface Antigen Carriers (hereinafter referred to as the "Notice"), which clarified that except for special occupations approved and announced by the Ministry of Health, the health examination shall not be tested for hepatitis B items unless required by the subject, and the employer shall not refuse to recruit (hire) or dismiss or dismiss the employee on the grounds that the worker carries hepatitis B surface antigen.
On February 17, 2011, the former Ministry of Health issued the "Explanation of the Government Affairs Open Office of the Ministry of Health on the Occupations That Approved Hepatitis B Surface Antigen Carriers Are Not Allowed to Engage in", and the industries that can carry out relevant testing are: special police, civil aviation recruiting flight students, and employees of blood stations engaged in blood collection, blood component preparation, blood supply and other business work.
Zhang Yonghui, the lawyer representing Ms. Zhang and Zhejiang Handing Law Firm, argued that the company involved in the case itself had violated the law. First of all, Ms. Zhang applied for the position of assistant to the chairman, the main responsibility is secretarial and other content, does not belong to the National Health Commission can enter the five types of work that can be employed in the physical examination of hepatitis B, the company's physical examination requirements are illegal, but also an invasion of privacy; secondly, Ms. Zhang's liver function and other indicators are within the normal range, the outpatient doctor diagnosis proves that she is in good health and is fully competent for such work, and the employer has no reason to refuse to enroll; again, daily work, study or life contact will not lead to the spread of hepatitis B virus, The company's refusal to admit entries has no medical or legal basis.
Zhang Yonghui pointed out that drinking alcohol cannot be a reason for the company to refuse to admit, and the responsibility of the chairman's assistant is not to drink. The incident also reflects a social problem, the company recruits "can drink" as a condition for recruitment, which is discrimination against job seekers who cannot drink alcohol.
He said that the law should increase the amount of punishment for violators and increase the consolation money for the mental damage of job seekers, so that employers who dare to risk breaking the law do not dare to act arbitrarily, so that hepatitis B carriers have a better living environment.
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