The onboarding medical examination report states "low IQ"? Lawyer Interpretation
Recently, a medical examination report has sparked heated discussions due to the inclusion of "low IQ, employers may consider it at their discretion" in the suggestion section. Some netizens believe that this is not only responsible to job seekers, but also to employers. On the other hand, some people believe that the doctor's behavior has exceeded their duties.
So, what are the relevant provisions of the Labor Law on the physical examination requirements for employers and workers? Can intellectual issues serve as a basis for failing the onboarding medical examination?
Screenshot of online physical examination report video
The onboarding medical examination report states "low IQ"
On September 12th, a netizen posted a video of a medical examination report. The internal medicine examination column was written with the words "dull expression and slow response", while the medical examination suggestion column was written with the content "low intelligence. Employers should consider it at their discretion". The chest X-ray column was completely normal, and the final medical examination conclusion was also qualified.
The official seal at the end of the report in the video shows that it came from the medical examination center of a hospital in Xuwei New District, Lianyungang, Jiangsu. On the 13th, staff from the medical examination center of the hospital told the media that multiple people have reported this matter and will arrange for a dedicated person to respond. The staff of the Health Department of the Social Affairs Bureau in Xuwei New Area stated that the responsible leader has visited the hospital to understand the situation.
According to media reports, a staff member of the Lianyungang Municipal Health Commission stated that the commission has seen pictures circulating online, and business staff are investigating the authenticity of the medical examination report from multiple sources. The specific details will be announced through official channels.
As of the time of publication, the relevant units have not yet released the investigation results to the public.
Lawyer: Doctors cannot make a decision on whether a patient should be employed or not
Liu Qiusu, Deputy Director of the Labor and Social Security Legal Professional Committee of the Nanjing Lawyers Association, stated in an interview with China News Network that the doctor's approach is clearly incorrect. The physical examination items for enterprise onboarding can refer to the general national standards for civil servant recruitment physical examination, which does not mention that low IQ can be considered as unqualified in the physical examination.
"Doctors can only make judgments on the physical examination results of the examinee, and cannot draw conclusions on whether the patient is employed, otherwise it goes beyond the scope of the doctor's authority. Doctors cannot judge the intelligence of the examinee solely based on the examinee's dullness, slow reaction, etc. Intelligence should have a specialized intelligence test report," he said.
Liu Qiusu introduced that Article 54 of the Labor Law of the People's Republic of China stipulates that employers must provide workers with labor safety and health conditions that comply with national regulations, as well as necessary labor protection equipment. Workers engaged in work with occupational hazards should undergo regular health checks. Article 65 stipulates that employers shall conduct regular health checks on underage workers.
He stated that according to relevant laws and regulations, employees must undergo an onboarding medical examination, which generally involves occupational disease hazards and underage employment. Other job positions do not have mandatory legal requirements, but in order to ensure that employees have the physical conditions to perform their labor contracts normally, employers can undergo an onboarding medical examination.
