According to Ms. Xu's indictment, on June 6, 20 19, the announcement of the second batch of open recruitment of kindergarten teachers in primary and secondary schools in Pingyuan Demonstration Zone was released. In this recruitment, Ms. Xu applied for the position of Bianzhuang Chinese teacher and obeyed the adjustment. After written examination and interview, Ms. Xu took part in the physical examination with the highest score.
During the physical examination, the staff of the physical examination institution pointed out that pregnant women should not have chest X-rays. With the consent of the staff of the Human Resources and Social Security Bureau and the Education and Sports Bureau, many pregnant medical examiners such as Ms. Xu did not have chest X-rays. At the same time, Ms. Xu submitted an ultrasound examination report to prove (pregnancy). But then, Ms. Xu was refused employment on the grounds of unqualified medical examination.
However, the Education, Education, Culture and Health Bureau of the demonstration area stated that the refusal to hire Ms. Xu did not violate any administrative or civil laws and regulations, and it was reasonable and legal.
Extended data
The lawyer said that this case should be an administrative dispute.
1 1, Ms. Xu's attorney, Zhong Lanan, told reporters that the Bureau of Culture, Education, Sports and Health of Pingyuan Demonstration Zone had a firm attitude in court and begged the court to dismiss Ms. Xu's lawsuit. The court did not pronounce a sentence in court. The bureau argued in court that the case was not an administrative case, but a civil dispute. It is "obviously wrong" for Ms. Xu to resort to the law in accordance with the administrative scope for disputes arising in the process of concluding labor contracts.
In this regard, Zhong expressed his views. He said: "Ms. Xu has not signed a teacher employment agreement with the Culture and Sports Bureau, the Education and Sports Bureau and the Culture and Health Bureau. They are not bound by the agreement, so it is impossible for her to file a so-called labor arbitration on the grounds of this agreement. This case is an administrative dispute and belongs to the scope of administrative litigation. Because the two defendants made a specific administrative act in a specific administrative organ, and then this administrative act was not hired. For the plaintiff, she is an interested party in this case and of course has the right to file an administrative lawsuit. "
A New Vision in the North and the Late —— The trial of "Pregnant women refused to be employed without chest X-ray" in Henan Province, Education and Sports Bureau: Plaintiff over-interpreted women's rights and interests.