Laborers have the right to enjoy welfare, and the employing unit shall create conditions to improve collective welfare and improve the welfare treatment of laborers. However, because welfare has greater employer autonomy, and there is no mandatory provision by law. Physical examination, as a kind of welfare, is generally agreed by the employer and the employee whether to arrange a physical examination.
The employer shall not arrange for workers who have not received occupational health examination before taking up their posts to engage in operations that are exposed to occupational hazards; Workers with occupational taboos shall not be arranged to engage in operations that are taboo; Workers who are found to have occupational-related health damage during occupational health examination shall be transferred from their original posts and properly placed; Workers who have not undergone occupational health examination before leaving their posts shall not terminate or terminate their labor contracts.
The occupational health examination shall be undertaken by the medical and health institutions that have obtained the Practice License of Medical Institutions. The administrative department of health shall strengthen the standardized management of occupational health examination, and the specific management measures shall be formulated by the administrative department of health of the State Council.
legal ground
Article 35 of the Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases shall, in accordance with the provisions of the health administrative department of the State Council, organize occupational health examinations before, during and after taking up their posts, and inform the workers of the examination results in writing. The expenses for occupational health examination shall be borne by the employer.
The employer shall not arrange for workers who have not received occupational health examination before taking up their posts to engage in operations that are exposed to occupational hazards; Workers with occupational taboos shall not be arranged to engage in operations that are taboo; Workers who are found to have occupational-related health damage during occupational health examination shall be transferred from their original posts and properly placed; Workers who have not undergone occupational health examination before leaving their posts shall not terminate or terminate their labor contracts.
The occupational health examination shall be undertaken by the medical and health institutions that have obtained the Practice License of Medical Institutions. The administrative department of health shall strengthen the standardized management of occupational health examination, and the specific management measures shall be formulated by the administrative department of health of the State Council.
labour law
Article 3 Laborers shall enjoy equal employment and choice of occupation, remuneration, rest and vacation, labor safety and health protection, vocational skills training, social insurance and welfare, submission of labor disputes and other labor rights as stipulated by law.