Legal analysis
Physical examination is a normal procedure; Health is the guarantee of work. On the one hand, enterprises should clearly inform candidates of the physical health requirements that the position must have, and tell them which diseases cannot be employed. On the other hand, applicants are required to truthfully state their health status (such as filling out health forms), and if there are any diseases or chronic diseases that are not suitable for the position, they should truthfully fill them in. According to the Labor Law, the employing unit must carry out regular health check-ups for workers engaged in operations with occupational hazards. According to the relevant laws and regulations, 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. The employer has the right to fully understand the physical health of the applicant, but if the medical examination results, physical condition and actual work of the applicant do not affect the medical examination opinions, then the employer shall not refuse to hire the applicant. When employees enter the job, the employer will also require each employee to have a physical examination, which is also to better ensure that employees are suitable for this job and will not bring some infectious diseases to other employees. If the employee finds some problems that do not meet the entry criteria during the physical examination, the employer may also refuse the employee's application.
legal ground
Article 85 of the Labor Contract Law of People's Republic of China (PRC) is under any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If the payment is not made within the time limit, the employing unit shall be ordered to pay compensation to the laborer according to the standard of more than 50% 100% of the payable amount: (1) failing to pay the laborer's labor remuneration in full and on time in accordance with the labor contract or state regulations; (2) Paying workers' wages below the local minimum wage standard; (3) Arranging overtime without paying overtime; (four) the dissolution or termination of the labor contract, not in accordance with the provisions of this law to pay economic compensation to the workers.