Shanghai "History Yang" job dilemma

"China Economic Weekly" reporter Song Jie | Shanghai report

"History has Yang" can't watch the drama? Can't employment? Recently, the phenomenon of discrimination against the new crown -positive recovery has aroused attention from all walks of life.

Recently, in Shanghai, the story of the new crown -positive recovery "Affen" has affected people's hearts. According to reports, the employer learned that she had been "yang" and entered the cabin, so she asked her to go back and wait for the news. However, Ang Ku waited for 3 months and had no news. She has no text to live in the toilet of the railway station, because there are free toilet paper, free water and dryer. The phone could not make a call because of the arrears, and she was everywhere, and I could eat 6 yuan to eat for 3 days. When the most embarrassing time, the health care products of the physiological period must also be used.

After Affen's encounter was "seen" by countless people, the kind people helped her find a job in Shanghai. Almost at the same time, Yin Xin, a spokesman for the Shanghai Municipal Government, responded to discrimination against the job hunting of the recovered positive infected person: "All departments and units should treat the new crown -positive recovery in accordance with the relevant requirements of laws and regulations, and they must not discriminate against the new crown -positive recovery. ","

The Premier Li Keqiang of the State Council hosted the executive meeting of the State Council on July 13 to emphasize the protection of employees in equal employment. It is strictly forbidden to discriminate against the positive recovery of the new coronary virus nucleic acid test. Relevant departments should strengthen the supervision of labor security, and discover the discrimination of such discrimination seriously together.

Reporter survey: What hidden corners of discrimination against "History and Yang"

"China Economic Weekly" reporter found in recent interviews that there are still many "hidden corners" discrimination and even excluding "history of history" in the society to restrict the work and activities of the recovery.

Huang Hui's company rented in a university in Shanghai. According to her, as of July 14, many colleagues were still not allowed to enter the school because of the previous "yang", and they did not receive a notice that could be resumed. "History has no yang" but the family members "Yang pass" will not be allowed.

"The school has an independent set of entry and exit school management systems that can be connected to the personal system. If the corporate employee has passed before, it is displayed in the nucleic acid records, and the information of the employee's family 'Yang Zai" is not in the system. Reported. In the past few months of static management in Shanghai, we have been used to the situation in the community to report to the department as soon as possible, the department reports it to the company, and the company is reported to the school. It will give us stricter policies, so we are used to it. "Huang Hui said.

Another Mr. Zhu told reporters about the encounter of a friend. I have signed a non -fixed term contract with the company, and I don't want to make trouble because of this. "

On the morning of July 11, the reporter called a number of companies recruited as a job seeker who had "passed". A company HR said: "We are recruiting technical workers. It doesn't matter, but we have an outsourced company. We may have the requirements of‘ history without yang ’on site auxiliary workers (on -site auxiliary workers).”

Another company that is recruiting "Embedded Hardware Engineers" position HR has to send resumes before reporters.

On July 15, the reporter asked the manager of a human resources company if he could enter the vocational security in Shanghai in the name of "looking for a job for relatives who had recovered".

"It is estimated that it is difficult. Many companies say that it does not matter. In fact, it will not use (historical Yang) when employing people, and I don't know why." The manager said.

The reporter asked: "Didn't the Shanghai Municipal Government say that the Shanghai Municipal Government could not discriminate against the positive recovery?"

"Yes, but it is difficult, including the health certificate, it will show abnormalities. When you do the physical examination, you will know the previous 'yang pass'. Being a security guard, driver,‘ Yang Chuan ’are not working." The manager told reporters.

After hearing the situation of "the history of the history", another human resources company recruiters immediately said, "Now taboo this, wait for the rectification, saying that it is not possible to discriminate against the 'yang of passage'."

The reporter further asked: "Since those who cannot discriminate against 'Yang pass', what else do they have to wait?"

The other party hung up the phone directly.

"‘ Do n’t say ‘history has yang’ work, it ’s difficult to find the work of the community. Do n’t have the history of secrets and sub -connection. In the interview, Mr. Hu, a citizen of Shanghai, told reporters.

"You don’t know if you are‘ yang ’s date, you do n’t need to discriminate against others.”

For those who have rehabilitation -positive infections during the job search process, due to the discrimination of the job, at the 225th press conference of the Shanghai New Crown Pneumonia Epidemium on July 11, Yin Xin, spokesman for the municipal government, spokesman Yin Xin According to the response: "All departments and units in our city should in accordance with the relevant requirements of laws and regulations, and treat those who treat the new crown -positive rehabilitation in equally. No thresholds in their work and life, they cannot let them live under the shadow they should not have. "

Yin Xin said: "According to the relevant provisions of the Employment Promotion Law and the Prevention and Control Law of infectious Diseases, in addition to medical identification, the original carrier of infectious diseases may not be engaged in the proliferation of infectious diseases in accordance with relevant regulations before healing or excluding the suspects of infection. Outside of work, the employer's recruitment personnel should not be rejected by the original carrier of infectious diseases. Any unit or individual may discriminate against infectious diseases, pathogens, and suspected infectious patients. "Yin Xin said at the meeting, the Supreme Court, the Supreme Court, the Supreme Court, the Supreme Court, the Supreme Court, the Supreme Court, The Ministry of Human Resources and Social Security and other departments have also introduced special regulations. It is clear that employers cannot only be diagnosed with new crown pneumonia, suspected new crown pneumonia, asymptomatic infection, persons who are separated according to law, or areas with relatively serious epidemic conditions as areas. Relaxing labor relationship.

"China Economic Weekly" reporter also felt the goodwill of many people in the rehabilitation infected in the interview. Zhuang Xinzhi, the chairman of Australia, told reporters: "We have been recruiting people, and now we are mainly attracting assistants. We will never mind whether there is a square cabin experience or whether I have passed. Because you do n’t know if you are “yang”, there is no need to discriminate against others. People are already out of the cabin, which means that it is healthy. "

"Even if I recruited you, you have recovered, and I amolate it if I can't get it big. We go to the square cabin. We are the service industry. There are not so many personnel configurations. Companies with physical factories are not the same, sometimes it is difficult for you to blame these bosses to set up a threshold when recruiting, because the volume and nature of the company are different. "

Zhuang Xinzhi told reporters that his overseas branches have basically been "Yang" from the general manager to the employees. "The worst of them is the fever for two days, and I quickly recovered. I have a team myself, more than 60 people, and there are players who come back to the cabin. We invited him to return to him as soon as he returned. You can play the ball in your body. We all say that you want to see him. No one taboo (historical Yang). "

As a key e -commerce enterprise in Shanghai, he originally lived in this round of epidemic to assist governments at all levels to provide a guarantee package for nearly a thousand communities in Shanghai. Lu Tingting, the deputy general manager of the Life Network Operation Center, said: "Originally, Life Network resolutely opposed the behavior of discriminating against the new crown -positive rehabilitation in the workplace.

Gu Xian, the resident leader of a community in East Road, Nanjing East Road, said in an interview with a reporter: "In this spring, there are 6 tenants of our building. . At that time, people who had heard other areas who refused to leave the cabin back to the indigenous land caused tension and contradictions in neighborhood relationships, and our owners had a cure for the cure. Not only do you not discriminate, but also take the initiative to send them rice, eggs, vegetables, and fruits. Now, this family has lined up with the residents to participate in nucleic acid detection and sampling. "

Gu Xian said that if the new coronal virus infection pneumonia is a disease caused by nature, then, outside the industry who has been cured by the "Yang", it becomes a more terrible and serious "human virus". This signs must be corrected in time.

(At the request of the interviewee, Huang Hui is a pseudonym)

Lawyer's point of view: "History Yang" is personal privacy, and there is no obligation to inform

Shanghai has already fully resumed work, but the prefix of "History has Yang" has caused many new -crown -positive recovery to falter the job search road. So, is these job seekers obliged to inform the recruiter infected with the new crown virus when applying? Is it illegal to use "suspension of salary" and other means to postpone the recovery employees to postpone the return to post?

The co -partner of Beijing Dehe Heng (Shanghai) Law Firm Liu Tao recently accepted an interview with reporters of China Economic Weekly on related hot issues.

"China Economic Weekly": Is the candidate's obligation to inform the enterprise of "History Yang"?

Liu Tao: The "History Yang" discussed here is "New Crown -Positive Rehabilitation", that is, workers who have been infected with new crown pneumonia but have cured, and workers have no corresponding notification obligations when applying.

Although Article 8 of the Labor Contract Law stipulates that "the employer has the right to understand the basic situation of the direct related to the labor contract and the labor contract, and the workers should truthfully explain it." Including the basic situation of the labor contract directly related to the labor contract, including the age, vocational skills, academic status, and work resumes of the workers. The workers must not be asked to inform the content of personal privacy such as "history Yang".

"China Economic Weekly": Some enterprises have taken "suspension of salary" to employees of "Yang Chuan" to violate which laws and regulations have violated?

Liu Tao: The "suspension and salary" method adopted by the enterprise has violated Article 32 of the Labor Law. "There is one of the following circumstances, and the worker can notify the employer to terminate the labor contract at any time: ... (3) employment If the unit fails to pay labor remuneration or provide labor conditions in accordance with the labor contract "and Article 38, paragraph 1 of the Labor Contract Law" If the employer has one of the following circumstances, the worker can terminate the labor contract: (1) The provisions of failing to provide labor protection or labor conditions in accordance with the labor contract ... ".

Employees have the right to follow Article 77 of the Labor Contract Law that "if the legitimate rights and interests of the workers are infringed, they have the right to request the relevant departments to handle them in accordance with the law, or apply for arbitration in accordance with the law, file a lawsuit in accordance with the law" and Article 78 "The Trade Union maintains the workers in accordance with the law to maintain the workers in accordance with the law. Legal rights and interests, supervise the employer's performance of labor contracts and collective contracts. If the employer violates labor laws, regulations and labor contracts, and collective contracts, the union has the right to make opinions or request corrections; The union provides for support and help in accordance with the law "to seek relief from the labor supervision department, the labor arbitration commission, the trade union and other departments. "China Economic Weekly": Is the employer's recruitment notice that clearly wrote "don't have to wait for the square cabin" to be illegal?

Liu Tao: It is a typical illegal act. Because according to Article 3 of the Labor Law, "Labor enjoys the right to equal employment and select occupation ...", Article 30 of the Employment Promotion Law "The employer recruits personnel shall not refuse to hire on the grounds of the original carrier of infectious diseases. After medical identification of infectious diseases, the original carrier of infectious diseases shall not engage in laws, administrative regulations, and the stipulation of the health administrative department of the State Council for prohibiting the proliferation of infectious diseases, and the Infectious Disease Prevention and Control Law of the Prevention and Control of Infectious Disease Prevention, " "The country and society should care about and help infectious diseases, pathogens and patients with suspected infectious diseases, so that they can be treated in a timely manner. The pathogen carrier and suspected infectious disease patients shall not engage in laws, administrative regulations and the stipulation of the provisions of the health administrative department of the State Council before cure or before exclusion of infectious diseases. For pneumonians, if they end the isolation or cure, they will enjoy the right to equal employment.

"China Economic Weekly": If the company hired the job seeker of "History Yang", other employees were also infected. Will the corporate legal person be responsible?

Liu Tao: This must be analyzed according to the specific situation. If the legal representative of the enterprise knows that the job seekers who are "infected with the new crown pneumonia" are still hired, and eventually the other employees of the enterprise infection with new crown pneumonia, then the legal representative of the enterprise is suspected of violating the crime of preventing the prevention and treatment of infectious diseases, and it is necessary The criminal facts bear the corresponding criminal liability; but if other employees in the enterprise are caused by other factors infected with the new crown pneumonia, then it must not be attributed to the legal representative of the enterprise.

"China Economic Weekly": How to look at the employment discrimination of the new crown -positive recovery? What are the suggestions?

Liu Tao: On December 12, 2018, the Supreme People's Court issued the "Notice of the Supreme People's Court on Increasing Civil Cases", adding a "equal employment right dispute" case under the "personality dispute" case. If the employer has discrimination against the new -crowned positive rehabilitation during the recruitment process, workers can file a lawsuit to the people's court on the grounds of infringement of equal employment and safeguard their legitimate rights and interests.

Of course, the issue of rights protection of the new crown -positive rehabilitation also requires the encouragement and strong support of government departments. All those who treat the new crown -positive recovery should not be discriminated against in accordance with the relevant requirements of laws and regulations. "

Only by breaking the prejudice and building a good employment environment can the new crown -positive recovery obtained equal employment opportunities.

(This article published in "China Economic Weekly", No. 14, 2022)

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