Xie Peng is very satisfied with the result, and now he has returned to the company to continue his work.
cause
Newly-recruited HIV-positive young people are forced to "recover"
2065438+On April 7th, 2007, Xie Peng entered a company in Neijiang with the first place in recruitment. After more than one month of employment, the unit organized a physical examination. Xie Peng, who is full of expectations for the future, didn't expect this to be a turning point in his life.
"After the medical examination results came out, the doctor told me that my HIV antibody was positive." Xie Peng said that he was confused at that time, but with suspicion, he proposed a re-examination, and then a long wait. On June 9, Xie Peng suddenly received a notice from the company. "The director of the department told me that because you failed the physical examination, go home and take good care of yourself." Xie Peng recalled that he was really desperate.
Since then, Xie Peng has repeatedly applied to the company to sign a written labor contract and return to work, but the company refused to sign a written labor contract, and only asked Xie Peng to finish his work at home and send it to his colleagues through network transmission. On July 27 of that year, after the company paid a salary of 3,000 yuan, there was no news.
Safeguard legitimate rights and interests
Apply for labor arbitration and double salary compensation.
After returning home, Xie Peng only searched the Internet for relevant information. He found that China's laws stipulate that AIDS testing should follow the principle of "voluntary counseling and testing", and the company's physical examination should not include AIDS testing.
With the help of lawyers, Xie Peng submitted an arbitration application to Neijiang Labor Arbitration Commission on 201710.
In the application, Xie Peng asked the employer to pay one of the double wages 17646. 1 yuan for not signing a written labor contract from April 7 to June 9 last year, and pay 42,000 yuan for not signing or not paying a written labor contract since June 10 last year, and sign an open-ended labor contract with it. "I still hope to return to my original post and work normally." Xie Peng said.
2017165438+1On October 27th, Neijiang Labor and Personnel Dispute Arbitration Committee formed a labor dispute arbitration tribunal to hear this labor dispute, and made a ruling on June 6th, 12: The employer should pay Xie Peng double salary before June 9th; On June 9th, the company terminated the labor relationship with Xie Peng on the grounds of unqualified medical examination, which is not the case that an open-ended labor contract should be signed.
indirect
The young man who signed the labor contract went back to work in the company.
"I'm not a civil servant, but the physical examination is carried out with the standard of HIV antibody detection by civil servants! And may refuse to sign the contract on this ground. I think there is discrimination against AIDS patients in the unit. " Xie Peng refused to accept the arbitration award of labor dispute, and filed a labor dispute lawsuit with Neijiang People's Court, demanding to pay double wages during the period when the labor contract was not signed, and asking the unit to sign an open-ended labor contract.
2018 65438+1October 25th, Neijiang City Central District Court held a hearing on this case, and then decided to settle the case through mediation according to the wishes of both parties.
After the Spring Festival on 20 18, the court contacted the plaintiff to understand the plaintiff's mentality and wishes. After the plaintiff expressed his willingness to mediate, the court set the mediation time as April 28, the last working day before International Labor Day. This mediation, the two sides reached a mediation agreement on the spot and signed a labor contract. The contents of the mediation agreement are as follows:
1. The plaintiff and the defendant voluntarily signed a written labor contract, the contract period is from April 1 day, 2065 to March 3 1 day, 2020, and the monthly salary is subject to the labor contract agreed by both parties, with no less than 3,400 yuan per month after deducting social insurance premium, housing accumulation fund and personal income tax;
2. The defendant paid the plaintiff the double wage difference of 6,758.74 yuan (paid) from April 7, 2065,438 to June 9, 2065,438+July, when the written labor contract was not signed;
Three. The defendant paid the plaintiff 17 June to March18 the double salary of 63,000 yuan, which was intended to be paid to the plaintiff in one lump sum before May 30, 20 18.
touch control
Colleagues understand, and the guy who supports them says to work hard.
"It's almost a year!" When talking about the experience of this case, Xie Peng was filled with emotion. "Now, I finally returned to the job I love. I hope that through my own efforts, I can give back to the warmth and strength passed on to me by all walks of life. "
"After Labor Day, I went back to work," Xie Peng told Huaxi Daily-cover journalist with a smile.
So, what do company leaders and employees think of Xie Peng's return to work?
According to Xie Peng, in recent days, we can clearly feel the change of the attitude of the unit. Both leaders and colleagues take good care of him, and their attitudes are not much different from those when he first went to work. At the same time, Xie Peng said that he was very moved by one thing: "To my surprise, I learned that the leaders of the unit called a meeting of department heads, and the colleagues attending the meeting unanimously voted to express their willingness to work with HIV-infected people." Xie Peng said excitedly.
In order to achieve such a satisfactory result, all lawyers said: "The mediation of this case is inseparable from the persistence of the parties, the meticulous work of the judges, the good suggestions of the company, and the understanding, care and support of the general public including the employees of the company."