What to do if an employee is found to have contraindications during a medical examination but refuses to be reassigned?
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Hello everyone, I would like to ask for advice: in our company, during employee health checks it was discovered that some employees have occupational contraindications. The company wants to transfer them to other positions, but they themselves refuse to do so. How do you handle such situations? Thank you!
First, it should be made clear that those who themselves do not agree to the job transfer must bear the consequences
In accordance with Article 36 of the Law on the Prevention and Control of Occupational Diseases, employers shall transfer workers who are found to have health impairments related to their occupation as identified during occupational health examinations from their original job positions； Therefore, for employees with occupational contraindications, transferring them from their positions and arranging appropriate placement is an essential procedure. If an employee does not agree to the job transfer, the Occupational Disease Prevention and Control Law does not specify any procedures to be followed. In accordance with Article 40, Item (3) of the Labor Contract Law, if significant changes occur in the objective circumstances on which the labor contract was based at the time it was concluded, rendering it impossible to fulfill the contract, and if no agreement can be reached between the employer and the employee regarding changes to the terms of the contract after consultation, the employer may terminate the labor contract after giving thirty days’ written notice or by paying an additional month’s salary, and must also provide economic compensation in accordance with the law. Occupational contraindications are not the same as occupational diseases. An occupational contraindication refers to a person’s specific physiological or pathological condition that makes them more susceptible to occupational disease hazards and illnesses when engaging in a particular occupation or being exposed to specific occupational disease-causing factors; it may also lead to an exacerbation of pre-existing health conditions, or it can trigger diseases that pose a risk to the health and life of others during work. Therefore, the company is not legally required to provide work-related injury benefits and related compensation to persons with occupational contraindications in the same way as it does for patients with occupational diseases. And if an occupational disease is indeed detected during a health check-up of the employee, the company cannot use the aforementioned reasons to terminate the contract.
There is no other way but to use legal measures. What’s said upstairs is correct