Two departments: It is strictly forbidden to discriminate against the new crown recovery.
Author:Zhongxin Jingwei Time:2022.08.16
Zhongxin Jingwei, August 16th. The website of the Ministry of Human Resources and Social Security On the 16th, the Ministry of Human Resources and Social Security and the Supreme People's Court recently issued the "Notice on Strengthening the Equal Employment Rights of Equal Employment Rights of Equal Equal Employment Rights such as the Rehabilitation of New Crown Pneumonia" in administrative and judicial linkage. , Strictly prohibit workers such as recovery of new crown pneumonia.
The notice pointed out that in accordance with laws and regulations such as labor law, employment promotion law, and infectious disease prevention and control law, employers recruit personnel and human resources service institutions engage in professional intermediary activities, and must not discriminate against workers such as new crown pneumonia. Employers and human resource service agencies shall abide by relevant laws and regulations, and shall not refuse to recruit (hired) workers such as new crown pneumoniaee on the grounds of testing positive such as new coronary pneumonia virus nucleic acid test. Except for the prevention and control of the epidemic, it is not allowed to violate relevant regulations such as the Personal Information Protection Law, and illegally inquire about the test results of the new coronary virus nucleic acid.
The notice requires to increase the supervision of recruitment activities. The human resources and social security department shall strengthen the supervision of recruitment activities of employers and human resources service agencies, publicize and popularize laws, regulations and policies, and urge employers and human resources service agencies to strictly abide by laws and regulations, and timely investigate and punish illegal acts. For employers who have published recruitment information such as discriminating against new crown pneumoniae rehabilitation, human resources service agencies have not fulfilled the obligation to review legitimacy, and they must investigate and deal with them seriously in accordance with the "Interim Regulations on the Human Resources Market". If the circumstances are seriously or cause serious adverse effects, it is necessary to urge rectification by adopting administrative interviews and exposure. If the employer shall implement employment discrimination and infringement of employee's equal employment rights such as new crown pneumoniae rehabilitation, and informs the workers to file a lawsuit with the people's court.
The notice proposes to strengthen the trial of employment discrimination cases. If the employer shall implement employment discrimination and illegally inquire about the test results of the new coronary virus nucleic acid testing of the new coronary pneumoniae rehabilitation, the workers can infringe on equal employment rights and personal information rights and interests in accordance with the law to file a lawsuit. For employment discrimination cases with clear facts and clear legal relationships, the people's courts should improve the efficiency of judicial protection on the premise of ensuring fairness, so as to make fast, quick trial, and fast knot. Labor requests the people's court to investigate and obtain evidence, and the people's court shall take the initiative to investigate the application of legal conditions. During the trial of the case, the people's court must fully consider the parties' proof of proof, and reasonably distribute the responsibility of proof in accordance with the principles of honesty and fairness, so that the legitimate rights and interests of the workers can be protected.
The notice stated that the coordination mechanism of the human resources and social security department and the people's court. Human resources and social security departments and people's courts in various places must conscientiously perform their duties, establish employment discrimination and statistical information reporting system, and improve relevant policy measures and judicial interpretations. In the process of hearing a case of employment discrimination, the people's court found that the recruitment information of the employer contains discriminatory content, and the clues of illegal acts can be notified to the human resources and social security department. The situation is feedback to the people's court. Human resources and social security departments and people's courts in various places should strengthen discussions and exchanges on difficult and complicated cases and laws of laws, and carry out publicity of law popularization through joint release of typical cases, warning education violations, guiding employers and human resources service agencies to comply with discipline discipline The law abide by law and workers rationally protect their rights in accordance with the law to protect the right of equal employment of workers.
The notice finally pointed out that the human resources and social security departments and the people's courts must attach great importance to ensuring the equal employment rights of workers such as the rehabilitation of the new crown pneumonia. Requires implementation. (Zhongxin Jingwei APP)
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