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
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.
No cost involved. When signing the contract, read every cl…
The Law on Prevention and Control of Occupational Diseases requires that when signing a labor contract, the em…
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.
The Law on Prevention and Control of Occupational Diseases requires that when signing a labor contract, the employer explain four things. Those four are: what occupational disease hazards the work may cause, what consequences may follow, how to protect yourself, and what benefits apply. The statutory wording is to “truthfully inform the worker and specify it in the labor contract; concealment or deception is forbidden.” If you are later assigned hazardous work not disclosed in the contract, the employer must inform you again truthfully and renegotiate contract terms with you. If the employer fails, “the worker has the right to refuse work involving occupational disease hazards, and the employer may not terminate the labor contract for that reason.” There are three exams: pre-placement, during employment, and pre-departure. “Occupational health examination costs shall be borne by the employer”; the employer pays and must inform you of results in writing. Without a pre-placement exam, the employer must not assign work involving occupational disease hazards. Workers with occupational contraindications must not be assigned prohibited tasks. If health damage related to the job is found, the worker must be transferred from the original post and properly placed. **“An employer must not terminate or end the labor contract with a worker who has not undergone the pre-departure occupational health examination.”** On leaving, you “have the right to obtain a copy of your occupational health surveillance file; the employer shall provide it truthfully and free of charge, and affix its seal on the copy provided.” That occupational health surveillance file must be copied truthfully, given free, and stamped on the copy (nationwide)
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)
Open source linkDuring 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.