Shanghai: Unit recruitment cannot refuse to recruit on the grounds of infectious diseases

Author:Sichuan Observation Time:2022.07.21

The "Decision of the Standing Committee of the Shanghai People's Congress on Further Doing a Better Promotion of Employment" was approved by the 42nd meeting of the Fifteenth National People's Congress Standing Committee, which was implemented on July 21. The "Decision" emphasized that the whole society should jointly maintain a fair employment environment. Any employer shall not terminate its labor contract due to workers suffering from infectious diseases. When recruiting personnel, it shall not refuse to be hired on the grounds of infectious diseases, except for other provisions of laws and administrative regulations.

Yan Zuqiang, chairman of the Social Construction Committee of the Shanghai Municipal People's Congress, introduced that since this year, due to the influence of the new crown pneumonia's epidemic, Shanghai employment work has faced unprecedented severe challenges. In the second quarter, the analogy in Shanghai's average urban survey unemployment rate reached 12.5%. In the relevant investigations, many parties believe that it is necessary to formulate and introduce relevant legal issues to decide, and further clarify the main responsibilities of all parties in the current stability of the economy and stable market player to promote employment, and use the rule of law to enhance the joint force of the whole society to promote employment.

Decide a total of 12. Adhering to employment is the biggest livelihood, put stability and expand employment in a more prominent position, and further enhances the consensus and co -efficiency of the whole society to promote employment. Standards from four aspects:

Clarify the responsibilities of the government, enterprises, and society. Clarify the responsibility of stable and expanding employment in the city, district governments, townships, and streets, emphasize that the district government assumes the first responsibility of stability and expanding employment in the administrative area under its jurisdiction, and requires relevant government departments to do a good job of related work in accordance with their respective responsibilities. Clarify that social organizations such as unions should guide employees and employers to overcome difficulties and stabilize jobs. Support market entities to implement the responsibility of stable employment, clarify that state -owned enterprises should play a leading role role in absorbing employment, and give full play to the main channel of small, medium and micro enterprises to absorb employment. At the same time, focusing on employment, supporting independent entrepreneurship and flexible employment, expanding development public welfare positions, increasing corporate talent reserves, improving talent settlement policies, improving public employment service energy levels, etc. Responsibility.

Clarify the relevant content of institutional innovation and the protection of the rule of law. Clarifying that relevant government departments can support enterprises with high employment capacity to handle government service matters with high employment capacity through administrative approval green channels and shortage of capacity, and explore the establishment of an exemption system for dishonesty caused by irresistible factor in the epidemic. Support Pudong New Area in terms of stability and expansion of employment, and take the Pudong New District in the reform experience in optimizing the business environment and the access to the convenience of the market. The role of the system promotes the stability of enterprises and keeps employment. At the same time, it is clear that the Standing Committee of the Municipal People's Congress provides the corresponding rule of law in a timely manner in accordance with actual needs.

Clarify the relevant requirements of fair employment and dispute resolution. It is clear that any employer shall not terminate its labor contract due to the laborer's infectious diseases. When recruiting personnel, it shall not refuse to be hired on the grounds that infectious diseases have been suffered from infectious diseases. Clarify the people's courts, labor -personal dispute arbitration agencies, trade union organizations, and mediation organizations, etc., and properly handle labor disputes involving epidemic in accordance with the law.

Clarify the relevant requirements of the implementation and strengthen supervision. Clarify the municipal and district governments to strengthen the assessment of the effectiveness of employment work at the next level and relevant departments, and use the results of the assessment as an important basis for the annual performance assessment and the comprehensive assessment of leading cadres; Special supervision and inspection of employment indicators and policy measures, propaganda and interpretation of employment laws, regulations and policies and measures, and stabilize social expectations for the employment situation. At the same time, the Standing Committee of the Municipal and District People's Congress provisions has stipulated the supervision of employment work.

Observation of Sichuan (Source: People's Daily Shanghai Channel)

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