The two departments strengthened administrative and judicial linkage to ensure the equal employment rights of COVID-19 survivors

2022-08-16

On the 16th, the Ministry of human resources and social security and the Supreme People's Court issued the "notice on strengthening administrative and judicial linkage to guarantee the equal employment rights of COVID-19 patients and other workers", reiterating that discrimination against COVID-19 patients and other workers is strictly prohibited, and making arrangements for strengthening the trial of employment discrimination cases. According to the notice, if an employer discriminates against COVID-19 survivors and other workers in employment, or illegally inquires about the results of novel coronavirus nucleic acid testing without authorization, the workers may bring a lawsuit to the people's court according to law on the grounds of violating the equal employment rights and personal information rights. For employment discrimination cases with clear facts and clear legal relations, the people's courts should improve the efficiency of judicial protection and achieve quick establishment, trial and conclusion on the premise of ensuring fairness. When the employee requests the people's court to investigate and collect evidence, the people's court shall actively investigate the application that meets the legal conditions. In the trial of a case, the people's court shall fully consider the ability of the parties to provide evidence, reasonably allocate the burden of proof according to the principles of good faith and fairness, and ensure that the legitimate rights and interests of workers are properly protected. The notice once again stresses that employers and human resources service institutions should abide by relevant laws and regulations, and should not refuse to recruit (hire) workers such as COVID-19 survivors on the grounds that they have tested positive for covid-19 virus nucleic acid; No recruitment information with discriminatory contents shall be published; Except for the need of epidemic prevention and control, it is not allowed to illegally query the novel coronavirus nucleic acid test results without authorization in violation of the personal information protection law and other relevant provisions. Human resources and social security departments should strengthen the supervision of recruitment activities of employing units and human resources service institutions. If an employer publishes recruitment information that discriminates against COVID-19 survivors and other workers, and the human resources service institution fails to fulfill its obligation of legality review, it shall be found and severely punished. If the circumstances are serious or cause serious adverse effects, it is necessary to supervise and urge the rectification through administrative interviews and exposure. The circular requires human resources and social security departments and people's courts in various places to establish a notification system of employment discrimination and statistical information, improve relevant policies and measures and judicial interpretation, and formulate detailed measures in combination with local conditions to ensure the implementation of the requirements of the circular. (news agency)

Edit:He Chuanning    Responsible editor:Su Suiyue

Source:Xinhua

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