Ah Ming stands in front of a labor arbitration commission in Guangzhou. Photo: Courtesy of Ah Ming |
The first labor arbitration case on job discrimination against a HIV positive individual in Guangdong Province will open a court session on Sunday at a local arbitration commission in Guangzhou, capital of the southern province.
The plaintiff, Ah Ming (pseudonym), filed the case against his employer, a local State-run public institution, in April, after he was ordered to quit his job to get enough “rest” when he was found to have an HIV infection during a physical inspection.
Ah demanded an arbitration because he regarded the company’s order as illegal and because he would like to resume his job.
According to a press release sent to the People’s Daily Online, the 27-year-old Ah had been working with the company for three years on a contract-based job and was applying to get a permanent job at the institution, which required a physical inspection, and hence the termination.
Ah was told that his disease would disallow him to comply with the provincial employment standards for State-run public institutions. The company also asked him to be“isolated” for treatment and to quit his job for “rest.”
This reportedly marks the sixth job discrimination case against HIV carriers in China.
China’s laws and regulations stipulate that HIV carriers and their family members enjoy lawful rights to marriage, and employment and education, all of which are protected by the law.
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