Can an employer not use an employee on the grounds that he or she has failed to pass the occupationa

Of course, it should be possible, if it is true that the employer fails to pass the health examination, the employer should be able to refuse to re-employ the employee, but if it is during the contract period, the company should give a certain amount of liquidated damages to be reasonable.

It can be seen from the fact that the "hepatitis B" item is not allowed to be checked in the physical examination for entry, and the labor law has restrictions on employers, and under normal circumstances, employees may not be admitted or dismissed on the grounds that the physical examination is unreasonable. However, for special industries, such as catering, medical care, etc., it is necessary for employees to meet a certain standard of physical fitness.

In the middle of the year, it has entered the peak period of physical examination, and many units have arranged health examinations for employees. In the perception of many people, it seems that it is a "standard" for enterprises to arrange regular physical examinations for employees, and it is even considered by many to be a "legal obligation" of enterprises.

In fact, the law does not stipulate that all units must arrange regular physical examinations for in-service employees, except for special positions and specific groups, or signed collective contracts, labor contracts, etc., regular physical examinations are more often unit benefits or rewards.

In addition, it should be noted that the physical examination arranged by the employer includes a variety of situations such as entry physical examination, on-the-job regular physical examination, and resignation physical examination, some of which are out of consideration for the health of the employee, and some may damage the legitimate rights and interests of the employee.

Special positions and specific group units have the obligation of physical examination.

Does the fact that the law does not clearly stipulate that all employees must have regular medical examinations mean that employers can not arrange medical examinations?

Employers have strict requirements for the health conditions of employees! Of course, if you fail to pass the health examination, you will not be admitted!

If the employee has been hired and fails to pass the inspection in the company's annual physical examination, it shall be implemented in accordance with the provisions of the national medical period, and the medical treatment period shall not be able to engage in the original work or other arranged work, and shall be dismissed and shall be paid economic compensation in accordance with the law.

In accordance with the Labor Contract Law

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years. Look

If the employee fails to pass the occupational health examination, the employer may refuse to allow the employee to apply for employment. If an employee is found to have some problems that do not meet the entry criteria during the physical examination, the employer may also refuse to allow the employee to be hired.

If an employee falls under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the regulations:

1. Workers engaged in operations that expose occupational disease hazards have not undergone pre-departure occupational health examinations, or suspected occupational disease patients are during the period of diagnosis or medical observation;

2. Suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work;

3. Sick or non-work-related injury, within the prescribed medical treatment period.

For workers engaged in operations that are exposed to occupational disease hazards, the employer shall, in accordance with the regulations of the health administrative department, organize occupational health examinations before, during and after employment, and inform the workers in writing of the results of the inspections.

Legal basis] Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases

Article 35 For workers engaged in operations that are exposed to occupational disease hazards, the employer shall, in accordance with the regulations of the health administrative department, organize occupational health examinations before, during and after employment, and inform the workers in writing of the results of the examinations. The cost of health examination shall be borne by the employer.

Employers shall not arrange for workers who have not undergone a pre-employment health examination to engage in work that exposes them to occupational disease hazards; Workers with occupational taboos shall not be arranged to engage in operations that are taboo to them; Workers who are found to have health damage related to their occupation during the occupational health examination shall be transferred from their original jobs and properly resettled; Employees who have not undergone a pre-departure occupational health examination shall not be dissolved or terminated from the labor contract concluded with them.

Occupational health examinations shall be undertaken by medical and health institutions that have obtained the "Medical Institution Practice License". The administrative department of health shall strengthen the standardized management of occupational health inspection, and the specific management measures shall be formulated by the administrative department of health.

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1. Is it legal for the company to need a physical examination before entering the company?

Now generally before employees join the company, the company will require employees to undergo a physical examination and submit a physical examination report. There is currently no relevant legal provision for the company to require employees to have a physical examination before employment, and according to the field of civil law, "it is allowed without explicit provisions of the law", so it is legal for the company to require a physical examination before employment.

However, the Labor Law stipulates that employers must conduct regular health examinations for workers engaged in work with occupational hazards.

According to the Administrative Measures for Occupational Health Examinations, occupational health examinations refer to the health examinations conducted by medical and health institutions in accordance with relevant national regulations for workers engaged in operations that expose them to occupational disease hazards before, during and after leaving their posts.

Does an employer still need to do an on-the-job physical examination when recruiting people with occupational health examinations?

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Kiss Hello for your inquiry is needed.

1. Is it legal for the company to need a physical examination before joining the companyNow generally, before the employee joins the company, the company will require the employee to undergo a physical examination and submit a physical examination report. There is currently no relevant legal provision for the company to require employees to have a physical examination before employment, and according to the field of civil law, "it is allowed without explicit provisions of the law", so it is legal for the company to require a physical examination before employment. However, the Labor Law stipulates that employers must conduct regular health examinations for workers engaged in work with occupational hazards.

According to the provisions of the Administrative Measures for Occupational Health Examination, occupational health examination refers to the health examination conducted by medical and health institutions before, during and after leaving the post for workers who are engaged in operations that expose them to the hazards of occupational diseases in accordance with relevant national regulations.

Before the post, the physical examination filial piety items are relatively simple, the routine is some, measure height and weight, eyesight, whether there is any disease in the body, whether there is hepatitis A and B, infectious diseases and the like, when the physical examination of men and women are checked separately, these are routine examinations, you say that you are in good health should not have any clever dry rock, as long as there is no important disability is suitable for this work failure stupidity, generally you will go to work.

Summary. Hello dear <>

Employees may apply to the personnel department or other relevant departments of the unit to request an occupational health examination. During the application process, employees should give a detailed description of their job position, type of work, working environment, etc., and emphasize the importance of occupational health examination. 2.

Complain to the labor inspection department: If the employer refuses to provide an occupational health examination, the employee can file a complaint with the local labor inspection department. In accordance with the Labor Law of the People's Republic of China and other relevant laws and regulations, employers shall provide employees with necessary occupational health protection measures, including regular occupational health examinations.

3.Seek legal assistance: If the above methods do not solve the problem, employees may consider seeking legal assistance.

According to the "Labor Law of the People's Republic of China" and the "Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases" and other relevant laws and regulations, the employer has the obligation to provide occupational health protection measures for employees, and employees have the right to protect their legitimate rights and interests in accordance with the law. <>

<> what should I do if the employee may suffer from an occupational disease and the unit does not give an occupational health examination?

Hello dear <>

Employees may apply to the personnel department or other relevant departments of the unit to request an occupational health examination. During the application process, employees should give a detailed description of their job position, type of work, working environment, etc., and emphasize the importance of occupational health examination. 2.

Complain to the labor inspection department: If the employer refuses to provide a medical examination, the employee can file a complaint with the local labor inspection department. In accordance with the Labor Law of the People's Republic of China and other relevant laws and regulations, employers shall provide employees with necessary occupational health protection measures, including regular occupational health examinations.

3.Seek legal assistance: If the above methods do not solve the problem, employees may consider seeking legal assistance.

According to the "Labor Law of the People's Republic of China" and the "Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases" and other relevant laws and regulations, the unit has the obligation to provide occupational health protection measures for employees, and employees have the right to protect their legitimate rights and interests in accordance with the law. <>

<> relatives and repentance, is there anything else you don't understand here? You can describe it to the teacher in detail, so that the teacher can better answer for you. <>

Hello dear <>

We are glad to answer your questions, if an employee suspects that he or she may have an occupational disease, but the employer does not give him an occupational health examination, you can take the following steps: First, try to communicate with the leader or personnel department of the unit, explain your concerns and reasons, and strive to get their support and help. Collect evidence of the working environment, working conditions, working hours, etc., related to the occupational disease, and prepare for subsequent legal proceedings that may be required.

If you are a member of a trade union, you can seek help and support from the trade union and negotiate with the unit with the union representative. Report the unit's illegal acts to the local labor and social security department or health department, and ask them to investigate and deal with it. <>