The first interview was rejected because he did not make a chest through!Can pregnant women sue the local Education and Sports Bureau, can they win the lawsuit?

Source: Voice of China of Central Radio and Television Station

Yesterday (December 11), Ms. Xu, Henan Xinxiang, was tried in the Yuanyang County People’s Court of Xinxiang City because of the refusal to be hired during pregnancy.Ms. Xu said that in 2019, when she participated in the medical examination of teachers in the Xinxiang Plain Demonstration Zone, she did not have a thoracic examination due to pregnancy and was not admitted.The Cultural and Education and Sports Bureau of Demonstration Zone stated 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.

Written test second, the first interview but not hired

Relevant units: Inaccurate physical examination reports

In July last year, Ms. Xu from Yuanyang County, Xinxiang City, Henan Province participated in the second batch of primary and secondary school kindergarten teachers who jointly organized by the Human Resources and Social Security Bureau of the Xinxiang Plain Demonstration Zone and the Cultural and Education Sports Health Bureau.In the end, Ms. Xu entered the recruitment medical examination session with the second score of the written test and the first interview. She thought that she could successfully enter the job but did not expect that there was a problem in the medical examination.

When Ms. Xu had a unified inspection in August, she had been pregnant for about six months.After being permitted by the teacher of the Cultural and Education Sports Health Bureau, Ms. Xu and several other pregnant women in the same batches gave up their chest permeability.Unexpectedly, at the end of the 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 has not been hired by women’s WeChat chat screenshots

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 the voice reporter of the Voice of China that they were only responsible for informing and providing physical examinations, and the request of employers was unclear.

Physical examination staff: Didn’t you mean that you are pregnant?What do you do when you are pregnant?You have done your physical examination but it is not that we have the final say. We just provide a medical examination. The employer is justified, and the pregnancy may not be done, but the employer may not be willing, and we will not have so much.

Local education department: Pregnant women cannot meet the urgent need for jobs

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: The recruiters require a complete medical report. For us, candidates are qualified. As for what is the reason the hospital does not do it for you or do not do it by yourself.The relationship, we did not refuse because of pregnancy.

In addition, the group of pregnancy is too sensitive. We need teachers in urgent needs now. You are immediately giving birth before you come to work. Immediately after going to work, we will rest in mastory and leave. What should our students do?It can only be said that you have encountered special circumstances. After dealing with special circumstances, we still have the opportunity to recruit teachers.

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

△ Ms. Xu’s message and reply to the leader’s message board

The Voice of China reporters 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 was clearly mentionedThe surgeon informed the staff and registered in advance to do not perform X -ray inspection, but this clause did not appear in the recruitment notice in 2019.

△ 2020 Henan Xinxiang Plain Demonstration Zone Recruitment of Primary and Middle School Teachers’ Physical Examination and Inspection Notice on the medical examination of pregnant women

The Voice of China reporters have tried to communicate with the staff of the two bureaus many times, but none of them were connected.

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

Lawyer Zhong: In 2009, the State Civil Service Bureau had a special document to re -letter for the medical examination for pregnant candidates who applied for civil servants.According to the legal approach, it is a temporary physical examination. When you have the conditions after you have the child, you will no longer cause direct obvious damage to the radioactive chest thyroid. After the physical examination report is qualified, you will use youEssence

For such a result, Ms. Xu was not satisfied. In November this year, Ms. Xu and her family submitted the administrative lawsuit of the Plain Demonstration Zone to organize the Human Resources and Social Security Bureau and the Plain Demonstration District Cultural Education and Sports Health Bureau to the Plain Demonstration Zone.In the prosecution, Ms. Xu asked the court to judge the two defendants to withdraw the decision of the plaintiff’s failure to hire; to make a decision to hire the plaintiff in accordance with the law.Yesterday morning, the Yuanyang County People’s Court opened the trial of the case.So what is the trial process of the case?

Expert: Civil litigation can be initiated on the grounds of infringement

Whether it involves employment discrimination depends on the court referee

Yesterday, Ms. Xu’s acting lawyer Zhong Lanan told the Voice of China that the Cultural and Education and Sports Health Bureau of the Plain Demonstration Zone was resolute in court. She urged the court to reject Ms. Xu’s prosecution, and the court did not pronounce in 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 was believed that Ms. Xu had "obvious mistakes" in accordance with the law in accordance with the administrative category in accordance with the administrative category.In this regard, Lawyer Zhong expressed his point of view.

Lawyer Zhong: Ms. Xu has not signed a teacher employment agreement with the Cultural Education and Sports Health Bureau. They did not restrict the agreement, so it is impossible to mention the so -called labor arbitration on the grounds of an agreement.Scope of the case.Because the specific administrative agency, that is, the two defendants made specific administrative actions, 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.

△ The court’s notice notice

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: She has not been recruited now. There is no so -called labor -person -person relationship between the recruitment unit and the individual, and there is no employment relationship.In this case, it is actually a question of infringement. The law stipulates that the employment of workers is to enjoy equal employment rights.Therefore, the recruitment unit has no guarantee of equal employment rights. If there is no guarantee, you can sue you. Of course, this is a civil lawsuit.

The Cultural and Education and Sports Health Bureau of Demonstration Zone also believes that the plaintiff has filed an administrative lawsuit for the longest one year’s prosecution period.In this regard, Lawyer Zhong said that in this year, the new crown pneumonia and the plaintiff delivery were all permanent. It should be deducted for 4 months, so it did not exceed the deadline.

Lawyer Zhong: In this case, because it is only about two months or so, deducting more than four months in the special period, it is fully in line with the law of prosecution stipulated in the law.Therefore, the so -called non -prosecution, we believe that we do not consider the particularity of the case, which is the factor of force majeure.

In the end, the Cultural and Education Sports Bureau of Demonstration Zone stated that it is reasonable and legitimate that Ms. Xu’s behavior does not violate any administrative, civil laws and regulations.In this regard, Senior Labor Law expert Zuo Xiangqi believes whether the case involves employment discrimination in the law also depends on the court referee.

Zuo Xiangqi: The country has relevant terms in the labor contract law, labor law and employment promotion law. These three codes have relevant terms. During the job search process, employers cannot have four discrimination against workers.The first is gender discrimination, but the current problem, is the physical examination unqualified, is it discriminatory?This is hard to say.Because what happened in this case, it may be judged by the court.

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

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