The two departments issued an emergency notice to resolutely crack down on employment discrimination against the recovery of new crown pneumonia

Source: website of the Ministry of Human Resources and Social Security

The National Health and Health Commission of the Ministry of Human Resources and Social Security on the emergency notice of the employment discrimination against the recovery of the new crown pneumonia

Ministry of Human Resources and Social Affairs Mingdian [2022] No. 8

Provincial, autonomous regions, municipalities, and Xinjiang Production and Construction Corps Human Resources and Social Security Department (Bureau), Health and Health Commission:

Employment is the foundation of people's livelihood. Recently, in some places, the abuse of "health code" and other detection and inquiry tools have implemented the problem of employment discrimination against new crown pneumonia. It seriously infringes the equal employment rights and interests of workers, and the social response is strong. In order to protect the equal employment rights of the new crown pneumonia, the relevant matters are notified as follows:

1. Scientifically understand the mechanical communication of new crown pneumonia virus. The latest medical research shows that the respiratory tract droplets and close contact are the main ways of spreading the spread of new coronary pneumonia virus. Patients with new coronary pneumonia detect negative virus nucleic acid after treatment, and meet the standards of discharge management and discharge. Causes the spread of new coronal virus.

2. Standardize the detection and query of the new coronary virus nucleic acid. Except for the need for the prevention and control of the epidemic and the scientific and reasonable setting of the new coronary virus nucleic acid detection information query period, no unit or individual may illegally query the relevant test results without authorization.

3. Maintain the employment rights of the new crown pneumonia in accordance with the law. It is necessary to adhere to the overall strategy of "external prevention input, internal prevention and rebound" and the general policy of "dynamic clearing zero", implement employment promotion law, infectious disease prevention and control law, and "Interim Regulations on the Human Resources Market", and effectively maintain the equality of the new crown pneumonia recovery. Employment rights. The employer is strictly prohibited to publish or entrust recruitment information that contains discriminatory content containing new coronary pneumonia virus nucleic acid tests. It is strictly forbidden for employers and human resource service agencies to refuse to recharge (hire) with new crown pneumonia on the grounds that the positive positive of new coronary pneumonia virus nucleic acid testing. Employers are strictly forbidden to implement employment discrimination against new crown pneumonia rehabilitation during the employment and employment of workers. The employer is strictly prohibited to dismiss and dismiss new crown pneumonia recovery at will. Support workers to file a lawsuit on the issue of employment discrimination infringement.

Fourth, investigate and deal with illegal employment discrimination in accordance with the law. It is necessary to further unblock complaints and report channels, strictly implement the first question responsibility system, and timely and effectively handle the reasonable and legitimate demands of workers. Strengthen the inspection and inspection, illegally inquire about the test results of nucleic acid testing for employers, human resource service agencies or other units and individuals, set up query periods over the reasonable period, and implement employment discrimination on new crown pneumonia rehabilitation, and should be checked quickly according to the division of responsibilities, adopt adoption Administrative interviews, notification exposure, administrative processing, administrative punishment and other powerful measures were discovered to deal with it seriously. If the recruitment information contains relevant discriminatory content, the labor security supervisory agency shall, in accordance with the provisions of Article 43 of the Interim Regulations on the Human Resources Market, shall be handled from re -processing. For other employment discrimination or illegal use of nucleic acid detection information, it shall be handled in accordance with relevant laws and regulations.

5. Strengthen publicity and guidance. The human resources and social security department shall strengthen the publicity of the law of law and human resources service agencies, and enhance the consciousness and consciousness of the rule of law and abide by the law. The competent department of health and health should take effective measures to carry out various forms of popular science propaganda, maximize the misunderstanding of the spread of new crown pneumonia virus, adhere to scientific prevention and control, and prevent excessive epidemic prevention and "one -size -fits -all" from the source. The typical issues of employment discrimination involved in the investigation and punishment must take the initiative to expose it to respond to social concerns and form a warning deterrent effect.

6. Strengthen the implementation of responsibilities. It is necessary to strengthen supervision, guidance, supervision and inspection, and to supervise corrections within a time limit for discovered negligence and negligence. The Ministry of Human Resources and Social Security and the National Health and Health Commission will conduct a clear inspection and unannounced visits to the implementation of various regions in a timely manner, and promote the implementation of various requirements.

Each region shall make a special deployment of the implementation of this notice and major problems encountered in the implementation, and report it in a timely manner.

The National Health and Health Commission of Human Resources and Social Security, July 29, 2022

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