Exposure to Occupational Hazards Workers leaving the post should do a health check

I am an employee of a machining company. I was recruited as a welder by the company more than five years ago. My labor contract expires on November 25, 2014. At the beginning of this month, the company informed me that due to the small welding business, I will terminate my labor contract with me by the end of March. I had been uncomfortable some time ago and I hope that the company can carry out occupational health examinations for me. If the problem is not solved and the labor relationship is terminated, the unit disagrees. I said that in May last year, I participated in a medical examination organized by the company. There are occupational diseases. It is less than a year now and there is no need to do it again. I ask you: Is the unit's statement correct?

In the Catalogue of Classification of Occupational Hazard Causes promulgated by the Ministry of Health, manual arc welding, gas shielded welding, argon arc welding, carbon arc gouging, gas welding and other operations in the machinery industry are included in the catalog of occupational diseases that may lead to welders’ pneumoconiosis. in. The Occupational Disease Prevention Law stipulates that for laborers engaged in occupational disease hazards, employers shall organize occupational health examinations before, during, and after their departure in accordance with the regulations of the State Council’s health administrative department, and truthfully inform labor of the inspection results. By. Occupational health check costs are borne by the employer. Occupational health inspections shall be undertaken by medical and health institutions approved by the health administrative department of the people's government at or above the provincial level.

This means that the machining company organized a physical examination for workers in May last year, which is a health check during your post. Now the unit intends to cancel the labor contract with you in advance. Although it is less than one year apart from the last medical examination time, according to the law, the company still has to conduct the occupational health check for you before leaving the job. This is the legal obligation of the employer.

As stipulated in the Law on the Prevention and Control of Occupational Diseases, laborers who have not undergone pre-employment occupational health examinations must not release or terminate labor contracts concluded with them. At the same time, the “Labor Contract Law” also requires employers to not perform occupational health checks before leaving their posts for workers who are exposed to occupational hazards, or to inform workers in written form 30 days in advance of the diagnosis or medical observation. The person or the worker pays one month's salary additionally and terminates the labor contract. Therefore, the unit’s statement is wrong. You can ask the company to conduct an occupational health check for you. If the company does not agree, you can make a complaint to the labor department.

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