The first AIDS employment discriminating against case of our country is pronounced today

The first AIDS employment discriminating against case of our country is pronounced today
The first AIDS employment discriminating against case of our country is pronounced today
Will it be 3 o'clock this afternoon, concerned " discriminate against the biggest case by AIDS employment " Will meet the river district people's court to pronounce in An'qing of Anhui Province, the expert predicts the judgement result can be engaged in teacher's job for the plaintiff. Discriminate against the biggest case in AIDS employment that on October 13 this year, called " " Meet the river district people's court in An'qing of Anhui Province and hold a hearing. Because in the local teacher recruits, because measure HIV is positive, plaintiff Xiao Wu is kept outside of the door by municipal bureau of education of An'qing. Xiao Wu lodges a complaint against municipal bureau of education of An'qing subsequently. The teacher of municipal bureau of education of An'qing employs and consults civil servant's standard reporter to know, the municipal bureau of education of An'qing points out there are clear requirements on health condition in the teacher post according to the stipulations of relevant legal files, the person with infectious disease or spiritual medical history can't be engaged in teacher's job. In addition, the relevant person of municipal bureau of education in An'qing says before this, the regulation of An'qing: " (teacher) It is employed that the physical examination standard can consult a civil servant the physical examination " . The municipal bureau of education of An'qing points out, according to " universal standard of physical examination that the civil servant is employed ", cancel and employ the qualification this time in the physical examination not up to standard. It can be expressed that plaintiff lawyer's employing unit can't refuse to employ one of the plaintiff attorneys, Zheng Ji of river the Huaihe River Haworth Lexon of Anhui, having summed up two focuses in this case, one can admit the applicable civil servant's standard by examination, whether second, the civil servant's standard is legal. Zheng Ji can be thought, at first, the employees of different trades have different health to require. The civil servant's standard that it should be applicable not to admit a teacher by examination. In addition, Zheng Ji can be thought, " universal standard of physical examination that the civil servant is employed " has violated " constitution ", " employment promotes the law " and " regulations of AIDS preventing and controlling " too, because two one in Frances stipulate clearly terrifically to discriminate against. The lawyer predicts the judgement result can be engaged in the regulation of " the employment of the People's Republic of China promotes the law " of teacher's job for the plaintiff, "the employing unit employs and uses personnel, can't refuse to be employed on the grounds that it is a pathogen carrier of infectious disease. But get rid of, infect in front of the suspicion before not curing by pathogen carrier, infectious disease of medical verification, can't be engaged in law's, administrative statute's and health authority's of the State Council stipulating the work apt to make infectious disease spread forbidding being engaged in. " The Chinese lawyer elite network chamber barrister, Beijing Longan Haworth Lexon lawyer Yin are prosperous and strong to say, this clause is a core of disputes of both sides exactly. He claims, " forbids the work apt to make infectious disease spread that is engaged in " Should be by " law, administrative statute and health authority of the State Council " Stipulate, but can't leave some units to make the expanding explanation, this has the one that is restricted. Without the express provisions of the law, administrative statute and health authority of the State Council " Teacher " The job belongs to the work apt to make infectious disease spread, should be engaged in " teachers " Professional qualification. The document / reporter ZhiHua Wang Yong Zhu grows


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