During pregnancy, I took the second place in the written test and the first place in the interview during pregnancy.Recently, a woman in Xinxiang, Henan Province filed an administrative lawsuit against the Cultural Education and Sports Health Bureau of Henan Xinxiang Plain Demonstration Zone and the Plain Demonstration Zone organized the Human Resources and Social Security Bureau.On December 11, the reporter learned from the party’s agent lawyer that the case was held in the Yuanyang County People’s Court at 9 am on the 11th.In court, the Plain Demonstration Zone Cultural and Education and Sports Bureau resolutely stated that the court hopes that the court will reject women’s prosecution. They are strictly in accordance with the recruitment announcement and act in accordance with the contract, without infringing the legitimate rights and interests of women.At noon on December 11, the case was not sentenced in court.
Administrative lawsuits were refused to recording because of pregnancy
In 2019, Xiao Qing (pseudonym) signed up for the recruitment examination of the Cultural and Education Sports Health Bureau of the Plain Demonstration District of Xinxiang City, Henan, and won the second place in the written test and the first place in the interview.Through the project, not accepted.Xiao Qing said that there were 10 pregnant women in the same battery."A pregnant woman was admitted after she had a thickened chest after cesarean section; and there was an abortion in order to be accepted. And our last batch of pregnant women who applied for examinations were accepted." Xiao Qing said.Before the medical examination, Xiao Qing also called the staff of the Plain Demonstration Zone Office, saying that she could not do breastproof, and the other party said it was okay.At the time, when the reporting report was handed over, I asked for a certificate of pregnancy.
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"Because I am a pregnant woman, I ca n’t do breastpasses. Making chest -thorium X -rays will affect the development of the fetus." Xiao Qing said.
The reporter inquired on the official website of Xinxiang Plain Demonstration Zone to find out the announcement of the second batch of public recruitment of kindergarten teachers in primary and secondary schools in 2019.The announcement states that according to the total scores, physical examinations and inspections, the best person to determine the proposed personnel and the record.In the "Recruitment Qualification and Basic Conditions" of the Announcement Text, there is no clear specification that "pregnant women cannot apply for or were admitted".
The court opened a court today and was pronounced in court.
On November 20, 2020, the reporter learned from Xiao Qing’s agent lawyer and Beijing Jingshi Law Firm Lawyer Zhong Lanan.The demonstration zone organizes administrative lawsuits.The Henan Yuanyang County People’s Court has filed a case and issued a notice of acceptance of the case.On December 11, the case began in the Yuanyang County People’s Court.
Before the trial, Xiao Qing told reporters that because the Plain Demonstration Zone was close to her mother’s house, she applied for advice from the Plain Demonstration Zone.At that time, when receiving notifications that were not admitted, Xiao Qing felt that "the sky was collapsed" and wanted to let the Education Bureau give her a statement.
Since then, Xiao Qing gave birth to a child and worked at a unit far away from home.But Xiao Qing’s commute time was 45 minutes, causing a lot of inconvenience to her life.Xiao Qing hoped that the court would withdraw the decision that she did not hire. She expressed her hopes to work in the plain demonstration area closer to home.
At noon on the 11th, the reporter was informed that the court was sentenced to court.According to Lawyer Zhong Lanan, they made three claims, including the revocation of the two defendants’ decision to reserve the plaintiff; the defendant of the second defendant re -made specific administrative acts on the plaintiff’s problem in accordance with the law;
The Plain Demonstration District Cultural and Education Sports Bureau resolutely urged the court to reject the prosecution
The Plain Demonstration Zone Cultural and Education and Sports Bureau stated in court that the case was not the scope of administrative cases.Due to the shortage of grass -roots teachers, the recruitment of teachers in various schools at the grassroots level does not meet the principles of economic and efficiency. Therefore, the recruitment teachers shall be led by the Humanities and Education Bureau and the Human Resources and Social Security Bureau of the Human Resources and Social Security Bureau.The number of people is fixed and corresponding, not administrative acts authorized by the government or legal authorization.The recruited teachers signed a labor contract with the Cultural Education and Sports Health Bureau after hiring.Xiao Qing’s refusal to make a thoracic threshold caused the unable to prepare a complete medical report. Therefore, it was refused to hire. It was a dispute between the two parties in the process of establishing a labor contract and belonging to civil disputes.Even if the case belongs to the scope of administrative litigation, Xiao Qing has filed an administrative lawsuit.
In addition, the Plain Demonstration Zone Cultural and Education Body Health Bureau stated that the behavior of not being hired by Xiaoqing does not violate any administrative, civil laws and regulations, and is reasonable and legal.The "Physical Examination and Inspection" in Article 4 of the Recruitment Announcement clearly states that "Candidates who cannot compile a complete medical examination report within the prescribed period are deemed to be unqualified by the medical examination. The respondent did not carefully study the recruitment announcement.The X -ray project, which led to the unable to prepare a complete medical report. The respondent did not accept it. It did not say so -called infringing the legitimate rights and interests of women.
The Plain Demonstration Zone Cultural and Education Sports Bureau said that the chest X -ray was an important way to detect respiratory infectious diseases.The school staff is dense. Therefore, in the tutoring of the physical examination, the chest X -rays are the items that must be done.
"The respondent excessively interpreted the women’s rights and interests, misunderstood the legal nature of the recruitment of the teacher, and resorted to the law in accordance with the administrative category during the division of the contracting contract."
According to Lawyer Zhong Lanan, the Cultural and Education and Sports Health Bureau of the Plain Demonstration Zone was resolute in court and urged the court to reject Xiao Qing’s prosecution.
Further reading: Medical examination center: chest permeability will indeed affect fetal development
On August 19th, a staff member of the Plain Demonstration District Cultural and Education and Sports Health Bureau told Peng Mei News that it would indeed affect the results of the medical examination during pregnancy that it would not be able to do a thoracic examination during pregnancy. In the end, it would not be hired due to the lack of medical examination items."It is clearly written in accordance with the recruitment announcement, reminding that it does not meet the requirements that it cannot provide a complete medical report." The aforementioned staff said.
A staff member of the Medical Examination Center of Xinxiang Medical College of Xinxiang Medical College, which provides a medical examination for pregnant women, said that the medical examination center did have a record record of Zou Xiaolin in August 2019."But pregnant women are clearly unable to do radial chest diarrhea, because X -rays will affect fetal development."
On August 20, the staff of the medical examination center of the third affiliated hospital of Xinxiang Medical College told Peng Mei News that chest threatening was a project to check whether the pulmonary trachea was abnormal. At present, there are no other examination methods that can be replaced.Surging News Inquiry has been found to have been listed as a separate medical examination items after the physical examination form of the teacher qualification applicants for Henan Province.
A staff member of the dean’s office of the medical examination center said that the Plain Demonstration Zone Cultural and Education and Sports Health Bureau may indeed "take the job as a pregnant woman on the grounds of incomplete medical examination items, and the situation does exist."
The aforementioned staff suggested that pregnant women should communicate with the recruitment unit in advance and confirm before the physical examination, and whether the chest transplantation items cannot affect the recruitment results.
The surging news noticed that the official website of Xinxiang Plain Urban and Rural Integrated Demonstration Zone showed that the new batch of "Plain Demonstration Zone Public Recruitment of Primary and Middle School Teachers’ Physical Examination and Inspection Notice" released on August 7, 2020 clearly mentioned that conception was clearly mentioned that conceptionThe person inform the staff and register in advance, and do not do X -ray inspection.This clause did not appear in the recruitment notice in 2019.
Zou Xiaolin said that according to her understanding, two pregnant women have been admitted after completing the medical examination items."One is supplemented by thoracic penetration after a caesarean section, and the other is to do chest thyroid after abortion."
However, the statement has not been confirmed by the parties.
(Original title: Official response to pregnant women who did not do chest permeability and were refused.) Source: Beiwan New Visual Comprehensive CCTV Network Surging News Edit Edit: U021