To curb the employment discrimination of immune -related employment, it is also necessary to strengthen privacy protection

Author:Colorful Guizhou.com Time:2022.07.12

Recently, some media reports said that some new crown pneumonia recovered people repeatedly encountered the wall when applying for a job. They were told that "the Yang is not necessary, don't enter the square cabin", some companies also ask for the job applicant to check the nucleic acid test records of the last two months of the two months. Essence In this regard, persons in the legal community suggested that those with a positive nucleic acid detection of new crown pneumonia should be avoided in the health code applets in various places to effectively avoid discrimination of candidates. (July 11 "Rule of Law Daily")

Medical speaking, patients with new crown pneumonia who have been hospitalized have recovered health and enjoy the right to equal employment in accordance with the law. my country's "Employment Promotion Law" clearly stipulates that the employer recruits personnel shall not refuse to recruit on the grounds of the original carrier of infectious diseases. The "Prevention and Control Law" also stipulates that no unit or individual may discriminate against infectious diseases, pathogen carriers, and suspected infectious diseases. In addition, the Labor Contract Law also stipulates that workers do not need to provide basic information that is not directly associated with the labor contract. The new crown pneumonia rehabilitation information does not belong to the basic labor information, and enterprises have no right to request job seekers to provide. Some companies do the law and refuse to recover the recovery of new crown pneumonia. They have suspected employment discrimination.

However, this is just one aspect of the problem. The reason why some companies ignore the law who refuses to use the rehabilitation of new crown pneumonia, indicating that they can learn about the latter's personal medical and health information. In view of this, the relevant departments should further strengthen the security management of the personal privacy information of the new crown pneumonia.

Sensitive information such as personal medical health belongs to personal privacy and is protected according to law. According to the "Personal Information Protection Law", sensitive personal information such as the medical and health of the new crown pneumonia, only in the case of a specific purpose and adequate necessity, and adopting strict protection measures, the person with a personal information processing can handle sensitive individuals information. Some enterprises have been infected with new crown pneumonia virus on the grounds of new crown pneumonia. Employment discrimination is performed. It is not only a direct violation of the personal privacy of this type of job seeker, but also reflects the current management of the personal privacy information of the new crown pneumonia. Essence

Judging from the actual situation, the privacy information such as the personal medical and health of the new crown pneumonia is well known by the enterprise, which is related to the improper management of the relevant institutions of the collection information. At present, the epidemic is repeated, and many related institutions that collect patients information will often announce the patient's related medical and health information in the first time in the need to prevent and control the epidemic. Because the relevant measures to protect personal privacy are not fully in place, some companies can easily obtain personal medical and health information.

In this regard, the relevant agencies of collecting information should adhere to the principle of comparing information disclosure and privacy protection, starting from the aspects of technical upgrades and management and improvement, to build an information security pattern of compatibility of online and offline concentric, technology and management, and take the initiative to bear the initiative The first responsibility of protecting the personal privacy information of the new crown pneumonia, ensuring that its personal medical and health information will not easily leak to enterprises or individuals under the management model of strict preservation. Relevant departments should also strengthen supervision in accordance with laws and regulations, and it is strictly forbidden for enterprises to inquire about personal medical and health information of the new crown pneumonia.

Of course, from the perspective of deep perspective, the reason why some companies deliberately discriminate against the rehabilitation of new crown pneumonia are related to the lower cost of illegal. At present, the legal relief channel for anti -employment discrimination is relatively single. After encountering employment discrimination, job seekers can only file a civil lawsuit, and companies only need to compensate for certain mental damage costs. In the long run, the relevant departments should further improve the law. In addition to the addition of administrative relief rights after employment discrimination against employment discrimination, a punitive compensation system should also be established to effectively increase the cost of illegal. Dispel the crooked thought of employment discrimination.

(Wan Week)

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