The labor contract shall not be terminated without occupational disease examination before leaving the post. According to the law, the employing unit shall organize the occupational health examination before, during and after taking up the post in accordance with the provisions of the health administrative department of the State Council, and inform the workers of the examination results in writing; Workers who have not undergone occupational health examination before leaving their posts shall not terminate or terminate their labor contracts.
Legal objectivity:
Article 36 of the Law on the Prevention and Control of Occupational Diseases: Workers who have not undergone occupational health examination before leaving their posts may not dissolve or terminate their labor contracts. Article 56 When a medical and health institution discovers a suspected occupational disease patient, it shall promptly inform the employee himself and the employing unit. The employing unit shall timely arrange patients suspected of occupational diseases for diagnosis; During the period of diagnosis or medical observation, patients suspected of occupational diseases may not terminate or terminate their labor contracts. Therefore, occupational disease examination is a prerequisite for the termination or dissolution of labor relations between employers and employees. Because of the employer's reasons, the employer shall not terminate the labor contract with the employee who fails to undergo occupational disease examination before leaving the post; However, if the employer can prove that it is the fault of the workers themselves that leads to the failure of occupational disease examination, the employer will not be responsible.