Henan pregnant women have not been re -recording in the case of the case, and the recruitment unit is not sentenced to the court: It will not be hired, reasonable and legitimate

CCTV Xinxiang News on December 12 (Corporation of the General Taiwan Central Corporation, Zhang Haosen) Ms. Xu from Yuanyang County, Xinxiang, Henan said that in 2019, she participated in the recruitment of teachers in the Xinxiang Plain Demonstration Zone.It was not admitted in the end.The Cultural and Education Sports Health Bureau of Demonstration Zone said that it was the incomplete medical examination report of Ms. Xu.After repeated feedback, Ms. Xu decided to sue the District Culture and Education and Sports Bureau and the Social Security Bureau.

In July last year, Ms. Xu from Yuanyang County, Xinxiang City, Henan Province participated in the recruitment examination of the second batch of kindergarten teachers in primary and secondary schools jointly organized by the Xinxiang Plain Demonstration Zone organized by the Xinxiang Plain Demonstration Zone.In the end, Ms. Xu entered the recruitment medical examination session with the second and first interview results.She thought she could successfully enter the job, but did not expect that there was something wrong with the medical examination.

When Ms. Xu was unified in August, she had been pregnant for about six months.The medical examination doctor reminded her not to do chest transmission examination.After getting the permission of the teacher of the Cultural and Education Sports Health Bureau, Ms. Xu and several other pregnant women in the same batch gave up their chest permeability.Unexpectedly, at the last recruitment, neither herself and several other pregnant women were hired.After asking the admissions staff, the other party stated that the medical report was refused to recruit because of incomplete medical examination reports.

Ms. Xu’s chat history with other women (Photo Conferring in the Interviewee issued by CCTV)

A staff member of the Medical Examination Center of the Third Affiliated Hospital of Xinxiang Medical College of Ms. Xu, a group of candidates, told reporters that they were only responsible for informing and providing medical examinations, and the employer’s request was unclear.

The staff member said, "Didn’t you say you are pregnant? How can you do it for you when you are pregnant? You have not said it. We just provide you with a physical examination.If you do n’t do it, you may not do it if you do n’t do it, but the employer may not be willing, so we do n’t care so much. "

Later, Ms. Xu and others went to the local education department to report that the problem was still not resolved.Director Cao of the Culture and Education Sports of Plain Demonstration Zone told them that these teachers urgently needed to work, and pregnant women could not meet such requirements.Director Cao said: "What we recruits personnel is that there is a complete physical examination report, which is qualified for us. As for what you are, the hospital does not give you or do not do it.It has nothing to do with us. We have not rejected you because of your pregnancy. In addition, the group of your pregnancy is too sensitive to us. We are urgently needed teachers now. You have not come to work yet.Immediately for maternity leave, do you let our students do? It can only be said that you have encountered special circumstances. After you deal with your special circumstances, we still have a chance. We still have to recruit teachers. "

Ms. Xu, who was unwilling to write on the leadership message board in September, did not show that pregnant women could not join in in the recruitment announcement. She thought it was discriminating against women.Soon, the message board replied that according to the recruitment announcement, candidates who specifically stipulated that "candidates who cannot compile a complete medical examination report within the prescribed period are deemed to be unqualified by the medical examination."

In September, Ms. Xu left a message and reply to the leader’s message board (the interviewees of the interviewee issued by the Yangguang.com)

The reporter found that the official website of Xinxiang Plain Urban and Rural Integration Demonstration Zone showed that the new batch of "Plain Demonstration Zone publicly recruited primary and secondary school teachers’ physical examination and inspection notice" released on August 7, 2020 stated that the surgeryInform the staff and register in advance, do not do X -ray inspection.However, this clause did not appear in the recruitment notice in 2019.

In 2020, Henan Xinxiang City Plain Demonstration Zone recruited primary and secondary school teachers’ medical examination and inspection notice to have detailed requirements for medical examinations for pregnant women (Picture Source: Official Website of Xinxiang Plain Urban and Rural Integration Demonstration Zone)

The reporter repeatedly tried to communicate with the staff of the two bureaus, but the phone was not connected.

Ms. Xu’s acting lawyer and a lawyer of Beijing Jingshi Law Firm, Zhong Lanan, told reporters that when pregnant women apply for national organs or participating institutions in the past, there will be a set of specified practices in the medical examination notice.

Zhong Lanan said: "In 2009, there was a special document of the State Civil Service Bureau, which specifically for a recovery letter for the medical examination for the candidate for the pregnancy of civil servants. According to the (regulations)The condition is, the radioactive chest threatening will no longer cause direct and obvious damage to you, you go to do the chest threatening. After you do it, you take the medical examination report. If the medical report is qualified, then hire you. "

As a result, Ms. Xu was not satisfied. In November of this year, Ms. Xu and her family submitted the administrative lawsuit of the Plang Plain Demonstration Zone to organize the Human Resources and Social Security Bureau and the Plain Demonstration Zone Cultural Education and Sports Health Bureau to the Plain Demonstration Zone.In the prosecution, Ms. Xu asked the court to judge that the two defendants had revoked the decision of the plaintiff’s failure to hire, and made the decision of the plaintiff in accordance with the law.After the successful case, the Yuanyang County People’s Court decided to start trial on the morning of the 11th.What is the trial process?

The court’s notice of filing a case (the interview with the interviewee of the CCTV)

On the 11th, Ms. Xu’s attorney Zhong Lanan told reporters that the Cultural and Education and Sports Health Bureau of the Plain Demonstration Zone was resolute in court and urged the court to reject Ms. Xu’s prosecution.The court was sentenced to court.The bureau responded in the court that the case did not belong to the scope of administrative cases and belonged to civil disputes.It is believed that Ms. Xu will have controversy in the process of contracting contracts in accordance with the administrative category.In this regard, Zhong Lanan expressed his point of view. He said: "Ms. Xu has not signed an agreement with the teacher’s employment agreement with the Culture, Sports Education and Culture and Health Bureau.Labor arbitration. This case is an administrative dispute, and administrative disputes belong to the scope of administrative lawsuits. Because the two defendants of the specific administrative organs have made specific administrative acts, and then this administrative behavior is not hired. For the plaintiff,She is a stakeholder of this case, and of course she has the right to file an administrative lawsuit. "

However, from the perspective of senior labor law experts, the parties and the employer did not establish a labor -person relationship, so civil lawsuits could be initiated on the grounds of infringement.Zuo Xiangqi said: "She has not been (recorded) now. In fact, there is no so -called labor relationship between the recruitment unit and the individual, and there is no establishment of this employment relationship. In this case, it is actually a oneWhether or not to infringement, the law stipulates that the employment of workers is to enjoy the employment right of equality. So do you have no guarantee of equal employment rights if your recruitment unit is not guaranteed. If not, he can sue you. Of course, this is a civil lawsuit.You infringement. "

The Cultural and Education and Sports Health Bureau of the Demonstration Zone also believes that the plaintiff has filed a prosecution period for the longest one year.In this regard, Zhong Lanan said that in this year, the new coronary pneumonia epidemic and the plaintiff’s childbirth were all permanent. It should be deducted for 4 months, so it did not exceed the deadline.Zhong Lan’an said: "In this case, because we only deducted these four months after we only over two months, we were completely within the period of law., We believe that the particularity of the case has not been considered the factors of the case, which accumulates the pivotal resistance. "

Finally, the Cultural and Education and Sports Bureau of the Demonstration Zone stated that it would not be recorded by Ms. Xu without any violation of any administrative, civil laws and regulations, and it was reasonable and legal.In this regard, Zuo Xiangqi believes whether the case involves employment discrimination in the law also depends on the court referee.He said: "Our country has these clauses in the three codes in the labor contract law, labor law, and employment promotion law. In the process of employment, employers cannot have 4 discrimination against workers.Gender discrimination. But the current problems, such as the physical examination, is not a discrimination in the physical examination? This is hard to say. Because you can only say what this case is, it may be judged by the court. "

As of press time, the court did not make a first trial of the case, and the progress of the case was progressing, and the voice of China would continue to pay attention.

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