The department of people's society investigates the employment of hepatitis B is discriminated against The policy implements half a bat slowly

The department of people's society investigates the employment of hepatitis B is discriminated against The policy implements half a bat slowly
Reveal, from the last ten days of July to the last ten days of August according to human resources and social security system personage, people society portion send investigation group go Guangdong, Hunan, Henan, Beijing launch rights and interests policy implement the special examination of the situation to the intersection of hepatitis B and person who carries virus, the respondent includes the employing unit, medical health organ, and the person who carries virus of hepatitis B. In mid-July, regional human resources and social security department receive the letter from office of department of people's society. In this share is called " notice on maintaining the rights and interests policy of person who carries virus of hepatitis B and implementing special examination of the situation ", people's society portion says, the phenomenon that the legitimate rights and interests of person who carries virus of hepatitis B are encroached on takes place occasionally in the society at present, human resources and social security department at all levels should combine the special checking activity, investigate relevant responsibility for illegality unit and individual in violation of rules and regulations. The opinion that the regional department of people's society has already solicited the location before August 20 forms the report, offer and make a gift of the employment department of society department. "The report has been already reported to in regional opinion report and department at present, forming the opinion in the department. " The system personage of people's society tells reporters. The policy is implemented for half a bat and February 10 this year slowly, human resources and social security department, Ministry of Education, Ministry of Public Health jointly issue " notice on further standardizing entering school and physical examination project of obtaining employment and maintaining entering school and employment right of person who carries antigen of surface of hepatitis B " ' The department of people's society sends ( 2010) On the 12th, hereafter referred to as " Document No. 12 " ). " Document No. 12 " Require every local people's government above county level to abrogate or revise the relevant policies of hepatitis B within 30 days. " notice " regulation " At all levels medical health organ can't obtain employment in the physical examination offering hepatitis B event to find the service, in enter school " Until " whether the intersection of health and physical examination does not non- because of require, can't find the intersection of hepatitis B and event person who examine " Requirement. But people society portion investigation group find a lot of area announce complaints hotline, supervise unit or individual under inspection, define person liable,etc. clearly according to the intersection of notice and requirement so far. The flat centre of benefit benevolence of Beijing of public interest organization refers to the reports of three ministries and commissions and points out, quite a few of province and city have not cleared up the relevant policies of hepatitis B according to the time of the requirement of three ministries and commissions. A municipal people of the intersection of society and offices reply about the intersection of hepatitis B and issue, it quotes to be still " whether work File No. 16 takes place [2007 ] in the society portion " in will it be July 13 2010 . " obviously locality correctly " The department of people's society sends ( 2010) Size 12 " . Far from implementing, and administrative non-performance that this is that an obvious administration neglects one's duty. " The system personage of people's society says to reporters. According to the introduction of personage of people's society department, the associated documents that relatively former Ministry of Labour Security and Ministry of Public Health issued in 2007 of the looks, the ones that issue newly this year " Document No. 12 " ,Further standardize and enter school and the physical examination project of obtaining employment, define the responsibility of employing unit, educational institution, medical health organ, strengthen government's supervisory function, the respect of checking etc. of strengthening and enforcing the law, has improved feasibility and practicality of the policy. The physical examination of employment changes investigators to a new form to find, entering five physical examinations of the duty including hepatitis B to the applicant of most employing units, if find the applicant refuses to enroll for the person who carries virus of hepatitis B. For evade law, a lot of hospitals when being carried on the physical examination, require, examine people, sign, acknowledge, check voluntarily. " in the employees of weak status to start writing and sign " The voluntary book " Mean it has legal effect, the possibility of safeguarding the rights afterwards will be very few. " The intersection of China University of Political Science Law and the intersection of constitutional government and chief, discriminate against group leader of subject seminar Cai DingJian, say against employment. For avoid, prosecute, the intersection of physical examination and result will in order to provide funds of expense in order to be given to me, the excuse that a lot of employing units dismiss is very obscure, lead to the fact the difficulty of safeguarding the rights of the person who carries hepatitis B increases. According to the situation of reporting in all parts, some medical the intersection of physical examination and organization have, " obtain employment physical examination " With " physical examination of the health " Question lumped together. So long as signed by the persons who examine " The agreement in the know " ,Can still be here " The physical examination of employment " China includes the hepatitis B project. "Physical examination hospital set up, obtain employment physical examination simply, obtain employment the physical examination table will be changed into a check table of health, designs such as a human body and one dose of check tables, the table A, B, C of physical examination,etc.,etc.. This kind of requirement is signed, does not violate legal provisions seemingly but can distinguish the situation of the identity of person who carries hepatitis B easily by the person who examines, enable three ministries and commissions " Document No. 12 " Continue facing not having actual operational awkward situation. " A personage reporting situations to department of person's society says. The investigator says, because physical examination items are different, it is relatively difficult to check the behavior and collect evidence to entering hepatitis B of duty of health organ. Outwardly, the physical examination set menu of the large hospital in each province and municipality, the majority contains " obtains employment, advertises for workers, recruits, enters school " Wait for wording -like physical examination to all basically cancel the hepatitis B project. "Period judicial procuratorial work of " law of legal procedure of employment " to violating that should be centralized, forbid the employing unit, medical unit to do such a inspection, want punishment after violating the regulation. Measures such as the judicial procuratorial work in this respect,etc. are still uncomplete at present. " Cai DingJian says. It is reported, people this' society department special examination, require human resources and social security department at all levels to appear in the newspaper in this area and investigate and prosecute and encroach on the case situation of rights and interests of person who carries virus of hepatitis B, investigate relevant responsibility for illegality unit and individual in violation of rules and regulations.

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