Liu Yuan (pseudonym) sued Kweichow Moutai Liquor Marketing Co., Ltd. in a complaint, claiming that he was "tested" for HIV without knowing it.
The other party did not answer whether the company refused to hire Liu Yuan infected with HIV. As of press time, neither Guizhou Moutai Co., Ltd. nor Maotai-flavor liquor company made any further response to this matter.
Liu Yuan told this newspaper that in May this year, Kweichow Moutai Maotai Liquor Marketing Co., Ltd., a wholly-owned subsidiary of Kweichow Moutai Co., Ltd., issued a recruitment announcement. After signing up for the preliminary qualification examination, recruitment examination and interview organized by Maotai Company, He and other people who passed together went to Maotai Staff Hospital for physical examination. I thought I could get a job smoothly, but after the medical examination on June 24th, the staff of the personnel department of Maotai Liquor Company told Liu Yuan that the medical examination result was "abnormal". The employment list was announced on 28th, and Liu Yuan was defeated.
On July 10, Liu Yuan and the personnel department of Maotai Liquor Company went to renhuai city Center for Disease Control and Prevention for re-inspection. "They took me directly to the HIV testing room, and the re-examination project was only HIV." Liu Yuan said that at that time, he knew that Maotai Staff Hospital had tested his blood for HIV antibody without telling him. Otherwise, it would be impossible to only do this re-examination.
The paper finds that Article 23 of the Regulations on AIDS Prevention and Control stipulates that a voluntary counseling and testing system for AIDS shall be implemented.
On the medical examination notice issued by a Maotai-flavor liquor company provided by Liu Yuan to this newspaper, the recruitment medical examination standard was implemented with reference to the Physical Examination Standard for Recruiting Workers of Kweichow Moutai Co., Ltd. (Trial), and Article 18 of the standard pointed out that "AIDS" was found to be unqualified.
Liu Yuan believes that Maotai Workers' Hospital, which was commissioned by Maotai Liquor Company, violated the system of voluntary counseling and testing for AIDS, and explicitly refused to hire AIDS patients in the trial standard of medical examination, which violated the right to equal employment.
1June 16 in the morning, Liu Yuan filed a complaint with the people's court of renhuai city, and the court filed a case and issued a notice of acceptance of the civil case.
In the complaint, Liu Yuan appealed to the court for a judgment to confirm that the Maotai-flavor liquor company violated its equal employment right; Ordered the Maotai-flavor liquor company to remove obstacles and hire him according to law; Pay him 50 thousand yuan for spiritual comfort and compensate him for the reasonable cost of safeguarding rights of about 40 thousand yuan.
On the afternoon of 16, Chang Weiping, the attorney of Liu Yuan, told this newspaper that in accordance with the relevant provisions in the Regulations on AIDS Prevention and Control, Moutai Company violated the voluntary testing system by testing Liu Yuan for AIDS without being informed, and then refused to hire Liu Yuan on the grounds of HIV infection, which restricted employment opportunities and violated Liu Yuan's equal employment rights.
"In the Employment Promotion Law, the Tort Liability Law and the Notice of the Supreme People's Court on Increasing the Cause of Action of Civil Cases (Law [2018] No.344), Liu Yuan's demand for equal employment rights is well-founded. There are also many successful cases in this regard. Next, look at the court's ruling and the company's attitude. " Chang Yuping said.
The man said that HIV was refused to be recorded, and the sued Maotai Maotai Liquor Company was not wronged in the lawsuit.