Does the entry medical examination violate the labor law at its own expense?

Hello, the current laws and regulations do not clearly stipulate the burden of medical examination expenses for employees. However, because there is a law that "workers shall not be required to provide guarantees or collect property from workers in other names", it is generally believed that the medical examination expenses shall be borne by enterprises. Physical examination is a health examination that candidates must attend after the interview is passed and the enterprise decides to hire. Under normal circumstances, the company will let employees pay in advance, pass the medical examination, and then submit an expense account after joining the company. If they fail, most job seekers will bear their own expenses. There are also some companies that designate hospitals through outsourcing companies to settle expenses without personal payment. Specifically, you can consult the employer in detail when you get the medical examination notice.

Now, before the general employees join the company, the company will require employees to have a medical examination and submit a medical examination report. At present, the company has no relevant laws and regulations requiring employees to have a physical examination before joining the company. According to the field of civil law, it is legal for companies to require pre-employment physical examination. However, according to the provisions of the Labor Law, employers must conduct regular health checks on workers engaged in operations with occupational hazards. According to the Administrative Measures for Occupational Health Examination, occupational health examination refers to the health examination conducted by medical and health institutions for workers exposed to occupational hazards before, during and after their posts in accordance with relevant state regulations.

legal ground

Article 3 1 of People's Republic of China (PRC) Labor Law stipulates: "A laborer shall notify the employing unit in writing 30 days in advance when dissolving the labor contract", which clearly gives the laborer the right to resign, and this right is absolute. Workers can unilaterally terminate the labor contract without any substantive conditions, and only need to fulfill the obligation of giving notice in advance. The general office of the former Ministry of Labor also pointed out in the Reply on Issues Related to the Termination of Labor Contract by Laborers: "It is not only the procedure but also the condition for the termination of labor contract for laborers to notify the employer in writing 30 days in advance. Workers do not need to obtain the consent of the employer, and notify the employer in writing to terminate the labor contract 30 days in advance. If it is more than 30 days, the employee shall go through the formalities of dissolving the labor contract with the employer, and the employer shall handle it. "