The personal secrets of physical examination protect and cause anxiety Dangerous area of right life of employment of the disadvantaged groups of the health

The personal secrets of physical examination protect and cause anxiety Dangerous area of right life of employment of the disadvantaged groups of the health
On June 25, white profit is so bright as to come out from the physical examination centre of a hospital in Beijing with Wang Yu, enter physical examination of the duty to report holding one singly in the hand. Report everything is normal, especially " five items of hepatitis B " on the form The negative sign is extremely striking under the sunshine. This share reports it is a bright physical examination table of a securities broker company that will enter the duty of white profit soon only, but the blood sample comes from the deep and vast rain - --White profit bright colleague and concurrently physical examination marksman. It is a person who carries virus of a person of hepatitis B that white profit is bright. "Actually the company did not have restriction to hepatitis B, but I introduced into by the friend, whether he says or wants to make the procedure a bit more beautifully. " Bai LiMing says. Then he sends for the deep and vast rain of one's own colleague and helps oneself " Draw blood " . White profit bright to know in coastal some the intersection of recruitment and intensive area, Wang Yu such a the intersection of physical examination and " appear on the scene fee " of marksman Already been up to 3000 yuan - 5000 yuan, and will assume the risk that exposed by the physical examination centre. In Beijing, white profit bright to pay, ask Yu Wang " take one " only Cost. The course of physical examination is extremely relaxed, the clinic front desk in the hospital, guide Wang Yu cures the young lady for white profit bright name, date of birth and ID card number, enter the blood drawing room directly after paying dues to register. White profit is bright and enough " Lucky " ,But face company's annual physical examination " The welfare " ,White profit can only scratch difficult to tackle while being bright, moan, appear first " take one steps, think first step. " In reality, " persons who make a breakthrough " of physical examination as bright and such as white profit There are a lot. On June 23, the flat centre of benefit benevolence of Beijing released" 2007 Chinese citizen's health status and right report of the employment ", the report reveals, the physical examination has already become the main part of Chinese citizen's physical examination non- at one's own expense to obtain employment. Moreover, the protection of right of privacy obtaining employment in the the course of physical examination, become the key whether weak crowd's employment right of health could be ensured. This is our country's first health status and right annual report of the employment. Indict the lawsuit of the physical examination hospital together Compare in white profit bright " Lucky " ,Forest Guo very " Unfortunate " . In May of 2007, Guo Lin applies for group's interconnected system of Fuji's health and shuts the electron (Hangzhou) Limited company " The information commissioner " A job, through after written examination and interview, but because of carrying hepatitis B and virus, is refused to employ by this company. Guo Lin can't understand, the electron trade that he thinks he is engaged in, not in the trade that the country stipulate the person who carries virus of hepatitis B forbids being engaged in to this. In June of 2007, he shuts the interconnected system in the electronics corporation to lodge a complaint. But during the course of prosecuting, give Lin Guo run enter the intersection of duty and the intersection of Hangzhou and city of physical examination, lay the intersection of sand and hospital, make one make the intersection of forest and angry thing Guo just. Guo Lin claims, makes the sand hospital and shuts the electronics corporation to provide an identification for the interconnected system, "prove I am really a person who carries virus of hepatitis B, need further checking and treating. " "This is actually congenial to each other with the company, offering the evidence which is favorable to the company. Why take my personal secrets to help my rival to make the sand hospital? " In a moment of anger, Guo Lin has prosecuted the sand hospital of downing too, because has " infringed my right of privacy " . Not only like this, after making the sand hospital and shutting the electronics corporation to appear for the interconnected system and examining specifically proves, forest Guo find Hangzhou many times river person who do health bureau complain, demand, investigate and prosecute the intersection of physical examination and hospital, reveal the intersection of oneself and the intersection of physical examination and behavior of report, but the health bureau of being area of river has not dealt with Guo Lin's appeal. In February of this year, the dry district people's court of river of Hangzhou accepted this rare infringement case formally, though this case has not held a hearing yet, has caused every concern rapidly. Because while discriminating against the case in past employment, both sides facing a charge in court are only individual and employing unit, have not sent the physical examination hospital yet and gone to court. Legislative authority is actually disadvantageous to Guo Lin. Though in 2007, at that time Ministry of Labour and " suggetion on safeguarding the employment right of person who carries antigen of surface of hepatitis B " that Ministry of Public Health issue jointly stipulate, employing unit in employ, the intersection of recruitment and course, can according to the needs of reality, regard it as the physical examination standard whether check the project in liver function, but except stipulating that forbids the job in state law, administrative statute and Ministry of Public Health, can't regard serological index of hepatitis B and virus as the physical examination standard by force. However, our country had not issued any laws and regulations to restrain the physical examination organization yet at that time, forbid the medical organization to list the serological index of hepatitis B and virus in obtaining employment the physical examination standard. The opinion is not a legal file, the court can consult to decide a case, needn't consult either. "Though without relevant regulation, " suggetion on safeguarding the employment right of person who carries antigen of surface of hepatitis B " is written exactly, right of privacy which protects the person who carries antigen of surface of hepatitis B that all types of medical organization should notice in launching the course of physical examination to the labourer. Moreover, in the judicial explanation of " answer on hearing several questions of right case of the reputation of the Supreme People's Court " issued in 1993, stipulate that announces others' personal secrets material without authorization or advocates others' personal secrets in written, oral form without others' consent correctly, send to others' reputation to be damaged, deal with according to encroaching on others' reputation right. " Guo Lin's attorney, crane's lawyer of village of Zhejiang Zhejiang University Haworth Lexon says. The physical examination of employment unordered in shape comes on the whole and says, the domestic employment physical examination is in unordered state. The government department has not issued any decree so far, with the norm, restrain physical examination organization and concrete behavior and content of physical examination, write in " 2007 Chinese citizen's health status and right report of the employment " which the flat centre of benefit benevolence of Beijing releases. In reality, five items of hepatitis B are done for one of the indispensable projects of physical examination of employment, also implemented by most physical examination organizations. The reporter telegraphs one in Beijing and engraves the physical examination centre of the health kindly, a staff member of this centre tells reporters, "should all measure hepatitis B if generally speaking enter the physical examination of the duties, the natural accident is possible, so long as do not require in the office. " In one and hundred all physical examination centres in Beijing, the reporter learns hepatitis B is measured and divided into five two kinds in order to only measure the superficial antigen and measure hepatitis B, and no matter which kind of required items of entering physical examination of the duty. Hepatitis B the intersection of surface and antigen find, can only say physical examination people is infect hepatitis B and virus, can not reflect whether the virus duplicates, duplicates intensity, infective power. Hundred all physical examinations and a staff member tell reporters, " had better check five items of hepatitis B, in this way the employing unit just rests assured about you. " Mainly there are two kinds of domestic physical examination organizations: First, set up the physical examination mechanism to the general general hospital, such as the physical examination clinic of the hospital; Second, the professional physical examination organization independent of hospital, include from responsible institution of the hygiene or physical examination centre where the center for disease control runs, and the new developing private or Chinese-foreign joint health physical examination centre. "In these organizations, have government department and the pure private capital. Meanwhile, the government has not formed the system to the entry of the physical examination organization of the health yet, some organizations use the hospital Apparatus, phenomenon in violation of rules and regulations of the apparatus of using extending service in the army. Some mechanism workers? Evil spirit cough, bake over a slow fire Li, Qian of Chang, wave hard Qiu entangle ���� miserably olive Zhyuan bank slow to ram the loose soil with a stone-roller after sowing while being chivalrous Hu the intersection of small clam and the intersection of room and bright acyl �� of steamed bun pass through many hands or places and tame Yao good Mei Heir the intersection of promise and the intersection of decayed tooth and the intersection of �� and the intersection of Fei and cave sigh and is shaken by Shi! The north At a disturbance of one of Han Lu �� of Tao ��'s legendary bird with poisonous feathers refinedly Nurse's pure ostrich's light Li's swelling of walking of Ai's tendency street Competent to at a disturbance of ���� evil spirit revolve Shen corner gram idle slightly! [Ostrich's brave chair of Chen wild rice of small house wick of the dyke goes all out to defeat 6 grand miscellaneous Pian shelf wooden ostrich's Yu �� small house Ni � ditch Nao of small house of the dyke of quiet rake to bare J Lead �� Mao? Pieces of the intersection of physical examination and set menu of the above, different set menu set up different price, choose, applicable to by employing unit which set menu go on the physical examination. In these different set menu, the content owned in common basically includes liver function (ALT, AST) , renal function (CRE) , blood glucose (GLU) Five of hepatitis B, the intersection of hepatitis A and antibody, height, weight, weight index (BMI) , the eyesight, colour vision, ear, nose, swallowing department, tuning fork (hearing) , inspections such as the blood pressure, heart, lung, liver, spleen, nervous system,etc.. As for why the above project is to select to be checked, then no one can tell a formal standard. Behind these confused phenomena, it is the enormous in trade profit space of physical examination. The profit of the general physical examination centre can reach 30%-40%, the profit including the advanced health physical examinations of some health management projects, up to 100% especially. The physical examination becomes a kind of industry, and corresponding sector standard and management rule gradually, but not kept up with. "Subject does not have unified standard to launch the name of medical organization of the physical examination work of the health, make a diagnosis, the excessive commercialization of the physical examination behavior, the specific hospital and some unstandard medical organizations orient physical examination on economy more and create income in the aspect. Have even initiated sham publicity existing everywhere, malignant competition emerging in an endless stream, empty higher unlawful practice of physical examination price. " Director Yu FangQiang says. Five items of hepatitis B of legal provision " Exempt from inspection " In fact, five items of hepatitis B are exempt from inspection in physical examination of employment, and confirm in the form of laws and regulations. Except the above-mentioned " suggetion on safeguarding the employment right of person who carries antigen of surface of hepatitis B ", ones that come into force on January 1, 2008 " employment will be served with the employment regulation " to stipulate clearly: The employing unit employs and uses personnel, except that state law, administrative statute and health authority of the State Council stipulate that forbid pathogen carrier's job of hepatitis B, can't regard serological index of hepatitis B and virus as the physical examination standard by force. Defect of " suggetion on safeguarding the employment right of person who carries antigen of surface of hepatitis B ", it is obvious. "One of the most fatal points, the opinion can't become the basis that the court decide a case. The jurisdiction basis is law, administrative statute and department's rule, the opinion can only be for reference, the court is admissible, can also not adopt. " The flat centre of benefit benevolence of Beijing discriminates against Yu FangQiang, director of Law Aid Center, and introduces against employment, " whether because legal effect and engagement enough, until the end of 2007, some health authority of municipality directly under the Central Government know that there is this file " . "In " employment is served with the employment regulation ", have not restrained the hygiene medical organization offering employing, recruitment physical examination service either, a lot of the intersection of physical examination and centre, hospital also can promote their hepatitis B physical examination, serve to employing unit. " "Even if is illegal, how is the result? " Still waiting for Guo Lin of the notice of trial to reply. Guo Lin is applying for group's interconnected system of Fuji's health and shutting the electron (Hangzhou) Before the limited company, work in one Taiwan-owned enterprise too, enterprise Mr. know forest Guo carry hepatitis B and virus on one's body very much. "I have still had a meal with them, they also care I let me reexamine. It is different but reached the interconnected system to shut the company. " Guo Lin rather says angrily. " 2007 Chinese citizen's health status and employment right report " are introduced, a lot of countries and regions abroad, it is part of physical examination of employment that hepatitis B is not done, and, the entering the physical examination of the duty of the staff will get very good protection as staff's personal secrets. China hepatitis prevent and cure " the person who carries virus of hepatitis B obtains employment in the report " that the foundation announce revealing will it be June 2007, entering the duty to recruit to need to measure hepatitis B in China across the company of foreign enterprise of the country of 96%, declaring clearly that is refusing the person who carries virus of hepatitis B across the company of foreign enterprise of the country of nearly 80% among them. One staff member of Human Resource Department of company says that one is insisting on anonymity, "the law is more complete, it is still not all right that a lot of people's consciousness is uncomplete. Not talking about others, even I, look forward to stipulating that blocks those hepatitis B patients applying for a job with the company, so as not to infect to me " . (the person who carries virus of hepatitis B in the article is all assumed name)

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