A man who lost out on a job after testing positive for HIV at a company health checkup has won his court case against the firm.
The central court of Neijiang City in Sichuan Province ruled that the company should sign an employment contract with the man, Xie Peng.
Xie was offered a job by the company last April after his outstanding performance among interns during interviews.
However, one month later, Xie was informed that his HIV testing was positive and the offer of employment was withdrawn. He was advised that he should recuperate at home and the company delayed signing a labor contract with him.
“The company just paid me some 3,000 yuan (470 US dollars) and then I lost the contract with the company,” Xie told the Huaxi Metropolis Daily.
According to the country’s regulation on AIDS prevention, no company or institute shall force an employee to have an HIV test while the country’s employment promotion act also stipulates that employers shall not refuse to recruit applicants who are pathogen carriers of infectious diseases.
Xie filed discrimination complaints with the local Labor and Personnel Dispute Arbitration Commission at the end of 2017 before he decided to take the case to court.
Xie asked for compensation and a signed contract but the commission rescinded Xie’s appeal for an open-term contract.
But Xie, who was aware that he was fighting for other people with HIV/AIDS, continued to accuse the company of discrimination against employees infected with HIV and demanded that he should have the right to work.
“I love this job and it is known that HIV is not contagious in the workplace. I hope I can go back to work instead of waiting at home,” Xie said.
The court this month ordered the company to pay him twice his salary from last June to March of this year, around 63,000 yuan (9,800 US dollars).
“I finally can go back to my favorite post and I was surprised when all leaders in the company voted in favor of working with me,” Xie said.
