Two departments strengthen the right to employment of equal employment in administrative and judicial linkages

Author:Xinhuanet Time:2022.08.16

Xinhua News Agency, Beijing, August 16th (Reporter Jiang Lin) The Ministry of Human Resources and Social Security, and the Supreme People's Court issued "notice on strengthening the right of equal employment rights such as new crown pneumoniae rehabilitation" on the 16th. Workers such as discrimination against new crown pneumonia rehabilitation and other compatriots, and deployment of trial work on strengthening employment discrimination.

The notice proposes that 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 crown pneumoniae, the workers can infringe on equal employment rights and personal information rights and interest in the people's court. 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 again emphasized that employers and human resource service agencies shall abide by relevant laws and regulations, and shall not refuse to recruit (hiring) workers such as new crown pneumoniaee on the grounds of testing positive such as new coronary pneumonia virus nucleic acid testing. Recruitment information; except for the prevention and control of the epidemic, it shall not violate relevant regulations such as the Personal Information Protection Law, and illegally inquire about the results of the test results of the new crown virus nucleic acid.

The human and social departments should strengthen the supervision of the recruitment activities of employers and human resources service agencies. For employers who publish information such as discriminatory recruitment of new crown pneumoniae rehabilitation, if the human resources service agency fails to fulfill the obligation of legitimacy review, it is necessary to find a serious investigation and punishment together. If the circumstances are seriously or cause serious adverse effects, it is necessary to urge rectification by adopting administrative interviews and exposure.

The notifications are required to establish employment discrimination and statistical information notification systems, improve relevant policies and measures and judicial interpretations, and step up detailed measures in accordance with local actual situations to ensure that the requirements of this notice must be implemented in place.

[Editor in charge: Gu Yan]

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