Whether The Job Is Harmful Or Not, The Employer Must Inform In Advance.

In 2015, Bai went to work in Qingdao and signed a labor contract with a local Korean tire manufacturer.

Only recently did he know that his work had great harm to human health.

Among them, rubber particles in tire factories produce pneumoconiosis rubber, and a substance called aniline, which is harmful to blood, liver, urinary and nervous systems, and even causes cancer.

So he found the person in charge and asked for a job adjustment.

The person in charge explained that the tire manufacturing work was just unpleasant and had little effect on the body and disagreed with his request.

If he disobeys the arrangement, he can only rescind the labor contract.

To this end, the two sides dispute.

The eighth provision of the labor contract law stipulates:

When recruiting workers, they should truthfully inform workers about their work contents, working conditions, working places, occupational hazards, safety production status, labor remuneration, and other circumstances that workers require to know.

Article thirty-fourth of the law on prevention and control of occupational diseases stipulates: "when a labor contract is concluded between an employer and a laborer (including an employment contract, the same below), the occupational hazards and consequences, occupational disease protection measures and treatment that may be generated in the course of the work shall be truthfully informed to the laborers, and shall be stated in the labor contract, and shall not be concealed or deceived.

When a work contract or work content is changed during the labor contract, the employer shall perform the duty of truthfully inform the laborer in accordance with the provisions of the preceding paragraph when engaging in the operation of occupational hazards that have not been announced in the labor contract, and negotiate the relevant provisions of the original labor contract.

If the employer violates the provisions of the preceding two paragraphs, the laborer has the right to refuse to engage in any occupational hazards, and the employer shall not terminate the labor contract concluded with the laborer. "

Therefore, the enterprise should inform him before hiring him.

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In this case, the enterprise not only failed to inform the relevant situation of Bai in advance, but when the company learned about the relevant circumstances and asked the enterprise, the company also deliberately concealed it.

Under this circumstance, Bai has reason to argue that the labor contract is invalid, and requests the tire enterprise to compensate for the loss. The tire enterprise has no right to unilaterally dismiss the white one.