Legal analysis
In any of the following circumstances, the parties are engaged in operations that are exposed to occupational hazards; Suspected occupational disease patients are in the period of diagnosis or medical observation; Party B suffers from occupational disease or work-related injury in this unit and is confirmed to have lost or partially lost the ability to work; Illness or non-work-related injury within the prescribed medical treatment period; Female employees during pregnancy, childbirth and lactation; It is illegal to terminate the labor contract if he has worked continuously in this unit for fifteen years and is less than five years away from the statutory retirement age, and the party concerned has not undergone occupational health examination before leaving the company. If the laborer terminates the labor contract and requires a medical examination, the original unit shall be responsible for the arrangement, and the local labor administrative department shall supervise the medical examination. The expenses for occupational health examination shall be borne by the employing unit, and the labor contract concluded with the employee who has not undergone occupational health examination before leaving the post shall not be dissolved or terminated. If an employee's post is exposed to occupational hazards, it is actually illegal for the enterprise to terminate the labor contract without a medical examination. Employees can complain and report to the local safety supervision bureau.
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.