PPE

Health examination should be done for the workers exposed to occupational hazards

1 am an employee of a machining company. 1 was recruited as an electric welder more than five years ago. My labor contract expired on November 25, 2014. At the beginning of this month, the company informed me that due to the lack of welding business, it would terminate the labor contract with me at the end of March. Some time ago, 1 felt uncomfortable. 1 hope the company can carry out occupational health examination for me. 1f there is no problem, 1 will terminate the labor relationship. However, the unit disagreed. 1t said that 1 took part in the physical examination organized by the company in May last year, but 1 didn’t find out that 1 was suffering from occupational disease. 1t’s less than a year now, so 1 don’t need to do it again. Excuse me: is the statement of the unit correct

in the catalogue of occupational hazard factors issued by the Ministry of health, manual arc welding, gas shielded welding, argon arc welding, carbon arc gouging, gas welding and other operations in the mechanical industry are listed in the catalogue of occupational diseases that may lead to welder pneumoconiosis According to the law of the people’s Republic of China on the prevention and control of occupational diseases, the employer shall, in accordance with the provisions of the administrative department of health under the State Council, organize occupational health examinations for the workers who are engaged in the operations that are exposed to occupational hazards, and truthfully inform the workers of the examination results. The cost of occupational health examination shall be borne by the employer. The occupational health examination shall be undertaken by the medical and health institutions approved by the health administrative department of the people’s government at or above the provincial level

that is to say, the physical examination organized by the machining company in May last year belongs to the physical examination during your on-the-job period. Now the company intends to terminate the labor contract with you in advance. Although it is less than one year after the last physical examination, according to the law, the company still has to carry out the occupational health examination for you before leaving the post, which is the legal obligation of the employer

due to the provisions of the law on prevention and control of occupational diseases, it is not allowed to cancel or terminate the labor contract with the workers who have not undergone the pre departure occupational health examination. At the same time, the labor contract law also requires the employer to notify the employee in writing 30 days in advance or pay an additional one month’s salary to terminate the labor contract with the employee who is engaged in the work of contacting with occupational hazards without pre departure occupational health examination, or the suspected occupational disease patient during the period of diagnosis or medical observation. Therefore, the company’s statement is wrong. You can ask the company to conduct occupational health examination for you. 1f the company does not agree, you can complain to the labor department

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