19-009 · EVIDENCE A · SOURCE-SENSITIVE
Before taking up a post where there is dust, noise, or chemicals, check whether the contract mentions any occupational hazards; the employer must arrange and pay for three occupational health examinations.
进有粉尘、噪声、化学品的岗位之前,先看合同里写没写危害;三次职业健康检查由单位安排并掏钱
No cost involved. When signing the contract, read every clause under “Disclosure of Occupational Disease Hazards” carefully. Make sure to keep a copy of each health examination report for yourself. The main difficulty lies in having to ask questions and request documents in person.
When you sign a contract, the employer must truthfully describe any occupational hazards associated with the job, how to protect yourself, and what benefits you’re entitled to — there can be no concealment or deception. If such information is omitted, you have the right to refuse the job, and the employer cannot fire you for that reason. The employer must also arrange and pay for three occupational health examinations: before starting work, during employment, and upon leaving the job. If the pre‑termination examination is not performed, the employer cannot terminate or end your contract.
A
Move “Before taking up a post where there is dust, noise, or chemicals, check whether the contract mentions any occupational hazards; the employer must arrange and pay for three occupational health examinations.” to Future Me's calendar
The excuse
Future Me has a clearer calendar, more patience, and apparently the same responsibilities.
What feels good now
Today I keep a few minutes, a bit of persistence and avoid interrupting my default routine.
What the source says
The source summarizes the return this way: “When you sign a contract, the employer must truthfully describe any occupational hazards associated with the job, how to protect yourself, and what benefits you’re entitled to — there can be no concealment or deception. If such information is omitted, you have the right to refuse the job, and the employer cannot fire you for that reason. The employer must also arrange and pay for three occupational health examinations: before starting work, during employment, and upon leaving the job. If the pre‑termination examination is not performed, the employer cannot terminate or end your contract.” Evidence grade A. The original states the population, caveats, and sources; this is not a personal forecast.
Use the original facts and limits. For an urgent medical, safety, financial, or legal issue, contact a qualified local professional or service.
THE ENGLISH EDITION
Original recommendation and evidence
9. Before taking up a post where there is dust, noise, or chemicals, check whether the contract mentions any occupational hazards; the employer must arrange and pay for three occupational health examinations.
Cost: No cost involved. When signing the contract, read every clause under “Disclosure of Occupational Disease Hazards” carefully. Make sure to keep a copy of each health examination report for yourself. The main difficulty lies in having to ask questions and request documents in person.
In plain terms: When you sign a contract, the employer must truthfully describe any occupational hazards associated with the job, how to protect yourself, and what benefits you’re entitled to — there can be no concealment or deception. If such information is omitted, you have the right to refuse the job, and the employer cannot fire you for that reason. The employer must also arrange and pay for three occupational health examinations: before starting work, during employment, and upon leaving the job. If the pre‑termination examination is not performed, the employer cannot terminate or end your contract.
Benefit: According to the Law on the Prevention and Control of Occupational Diseases, when drafting a labor contract the employer must disclose four key points: what occupational hazards the job may bring, what health consequences might arise, how to protect yourself, and what benefits you’ll receive. The statutory wording is “the employer shall truthfully inform the worker and include this information in the contract, without any concealment or deception.” Should the employer later assign you tasks not mentioned in the contract that involve occupational hazards, it must again provide full disclosure and negotiate any contract amendments. Failure to comply gives you the right to refuse such work, and the employer may not terminate the contract on that basis. The three required health examinations must be paid for by the employer, and you must receive a written confirmation of this expense. Workers who have not undergone the pre‑employment examination may not be assigned to hazardous duties; likewise, those with specific medical contraindications must not be placed in jobs they cannot safely perform. If any work‑related health damage is detected, the worker must be transferred to a suitable position. Importantly, “an employer may not terminate or end a labor contract with a worker who has not undergone a pre‑termination occupational health examination.” Upon leaving the job, you have the right to obtain a free, certified copy of your occupational health records; the employer must provide this promptly. These records are essential for any subsequent occupational disease diagnosis, and they must be secured before you leave. Claims related to occupational disease are treated as work‑related injuries; details can be found starting at item 12.
Evidence grade: A
Sources: Standing Committee of the National People's Congress (2018). Law on the Prevention and Control of Occupational Diseases (Amended in 2018, Articles 33, 35, and 36). <https://www.beijing.gov.cn/zhengce/zhengcefagui/qtwj/201711/t20171104_779851.html> (Reprinted by Beijing Municipal People's Government)
Notes: During an interview, asking just three questions can help you gauge whether a company is legitimate: whether the job involves occupational hazards, whether these are mentioned in the contract, and who pays for the pre‑employment health check. If the interviewer cannot answer or suggests “just start working first,” proceed with caution. The requirement for a pre‑termination health examination is a crucial safeguard — without it, the employer cannot end your contract. This examination also serves as key evidence for any future occupational disease claim; the same applies to the health records copy you must obtain before leaving. Claims for occupational disease are handled as work‑related injuries, and the corresponding benefits are outlined from item 12 onward.
Read the complete Chinese source and notes
9. 进有粉尘、噪声、化学品的岗位之前,先看合同里写没写危害;三次职业健康检查由单位安排并掏钱
成本: 不花钱。签合同时把「职业病危害告知」那部分逐条看完。每次体检的报告都要一份自己留着。难在要当面开口问、当面把材料要到手。
说人话: 签合同时,单位必须把岗位有什么职业病危害、怎么防护、有什么待遇如实写进合同。瞒了你,你可以拒绝干这个活,单位不能因此辞退你。上岗前、在岗时、离岗时三次职业健康检查,由单位安排并掏钱。没做离岗体检,单位不能和你解除合同。
收益: 职业病防治法规定,签劳动合同的时候,单位要把四件事讲清楚:干这份活可能产生哪些职业病危害、会落下什么后果、怎么防护、有什么待遇。法条原文是「如实告知劳动者,并在劳动合同中写明,不得隐瞒或者欺骗」。合同签完之后又调你去干合同里没交代过的有害活儿的,要重新如实告知,并且跟你商量着改合同条款。单位没做到的,「劳动者有权拒绝从事存在职业病危害的作业,用人单位不得因此解除与劳动者所订立的劳动合同」。体检一共三次:上岗前、在岗期间、离岗时。「职业健康检查费用由用人单位承担」,钱由单位出,结果要书面告诉你本人。没做上岗前体检的人,单位不得安排去干接触职业病危害的活。身体条件本来就不适合这类活的人(有职业禁忌的),也不得安排去干这些禁忌作业。查出跟这份工作有关的健康损害的,要把人调离原岗位并妥善安置。**「对未进行离岗前职业健康检查的劳动者不得解除或者终止与其订立的劳动合同」**。离职时你「有权索取本人职业健康监护档案复印件,用人单位应当如实、无偿提供,并在所提供的复印件上签章」。这份职业健康监护档案,单位要照实复印一份免费给你,还要在复印件上盖章(全国)
证据等级: A
来源: 全国人大常委会 (2018). 职业病防治法(2018 年修正,第三十三、三十五、三十六条). <https://www.beijing.gov.cn/zhengce/zhengcefagui/qtwj/201711/t20171104_779851.html>(北京市人民政府转载)
备注: 面试时问三句,就能大致判断这家正不正规:这个岗位有没有职业病危害、合同里写不写、上岗前体检谁出钱。答不上来或者说「先干着再说」的,风险自己掂量。离岗体检最容易被忽略:没做离岗体检,单位不能和你解除或终止劳动合同。这份体检还是日后申请职业病诊断的关键材料,档案复印件同理,走之前要拿到手。职业病本身按工伤走,待遇见第 11 条起。
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