I am a welder employed at a machining company, having joined the company over five years ago. My labor contract is set to expire on November 25, 2014. This month, the company informed me that due to a decline in welding-related business, they plan to terminate my contract by the end of March. I have been feeling unwell lately and requested the company to conduct an occupational health examination for me. However, the company refuses, stating that since I had a medical check-up in May last year, which revealed some occupational disease concerns, there's no need for another one so soon.
According to the "Catalogue of Classification of Occupational Hazard Causes" issued by the Ministry of Health, welding operations such as manual arc welding, gas shielded welding, argon arc welding, carbon arc gouging, and gas welding are classified as high-risk activities that may lead to pneumoconiosis in welders. Under the Occupational Disease Prevention Law, employers are required to organize occupational health examinations for workers exposed to occupational hazards before, during, and after their employment. These results must be truthfully communicated to the employees, and the costs are fully covered by the employer. Such examinations must be conducted by medical institutions approved by provincial-level health authorities.
In this case, the company conducted a health check in May last year, which was a post-employment examination. However, since the company now intends to terminate your contract, they are legally obligated to perform a pre-termination occupational health examination, regardless of how recently you were last checked. This is a legal responsibility of the employer.
As stipulated in the Occupational Disease Prevention Law, workers who have not undergone pre-employment occupational health checks cannot be terminated or released from their contracts. Additionally, under the Labor Contract Law, if an employer fails to conduct a pre-termination occupational health check for a worker exposed to occupational hazards, they must provide written notice 30 days in advance, or pay an additional month’s salary and then proceed with termination. Therefore, the company’s statement is incorrect.
You have the right to request an occupational health examination from the company. If they refuse, you can file a complaint with the local labor authority. It is important to protect your health and legal rights, especially when dealing with potential occupational diseases.
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