[Direct answer]In the Beijing area, for workers engaged in operations exposed to occupational hazards, the employing units must arrange occupational health examinations (exit examinations) before they leave the job, and may not terminate or terminate the labor contract before the examination is completed. According to Article 35 of the "Law of the People's Republic of China on the Prevention and Control of Occupational Diseases" (amended for the fourth time on December 29, 2018), the employing units shall not terminate or terminate the labor contract with the workers who have not undergone exit occupational health examinations. This means that exit examinations are a statutory obligation of the employer and a precondition for the termination of the labor relationship. For related rights and interests, please refer to the following link:Work-related injuriesColumn.

I. Problem Background and Typical Scenarios

Such questions are often encountered in the process of leaving hazardous jobs: First, workers who have been exposed to dust, noise, and toxic and harmful factors request to leave, but the unit requires them to go through the formalities without arranging an exit examination; Second, when the contract expires, the unit terminates it on the grounds of expiration but fails to conduct an exit examination; Third, workers are concerned that occupational diseases cannot be identified after leaving, and request to conduct an additional examination; Fourth, the unit refuses to conduct an additional examination of hazardous jobs during the working period on the grounds that "they have already left"; Fifth, workers are not clear about whether their jobs belong to hazardous operations. Such issues are often intertwined with labor contracts and personal health. Relevant contracts can be referred to for reference.Business and contract disputes in enterprisesFor the column, you can refer to the relevant personal injury cases for reference.Personal injury and medical disputesColumn.

II. Key points of contention

Focus One: The mandatory nature of the exit examination and the prohibition on terminating the contract. The employer is not allowed to evade these obligations. Focus Two: The scope of application is limited to positions involving exposure to occupational hazards. Focus Three: The legal consequences of terminating the contract without conducting an exit examination. Such termination may be deemed illegal. Focus Four: The connection between issues identified during the examination and the determination of occupational diseases. Focus Five: Handling cases where workers refuse to undergo the examination. For specific details, please refer to the currently valid laws, regulations, and judicial rulings. For related specialized services, please consult the relevant sources.Special services and other casesColumn.

III. Professional analysis by Henglue Lawyers

Our lawyers have observed that it is not uncommon for employers to neglect exit examinations when employees are leaving their jobs, especially during contract expiration or mass layoffs. Common pitfalls include: employers skip exit examinations on the grounds of "consensual resignation", which makes it difficult for employees to claim compensation for occupational diseases due to the lack of a baseline for the exit examination; or employers unilaterally terminate contracts before the examination, which is deemed an illegal dismissal. Our lawyers suggest that employees in hazardous workplaces should actively request exit examinations and keep records, while employers should strictly adhere to the order of "examination first, termination later". For disputes over relevant rights and interests, evidence collection and verification can be referred to for reference.Creditor's rights and debts, and enforcement casesThe practical approach to the column.

IV. Practical suggestions and legal basis

Action suggestions: First, confirm whether the position involves exposure to occupational hazards and determine whether the post-employment examination is applicable; Second, submit a request for a post-employment examination to the employer before leaving the job and keep a written record; Third, if the employer refuses to conduct the examination, temporarily do not sign the waiver of the health examination and may file a complaint or arbitration with the regulatory authorities; Fourth, when claiming rights on the grounds of unlawful termination, prepare the labor contract, proof of hazards in the position, and evidence of communication; Fifth, promptly apply for an occupational disease diagnosis if abnormalities are detected, and refer to relevant documents for referenceSpecial services and other casesThe column. In terms of legal basis, Article 35 of the Occupational Disease Prevention and Control Law (amended for the fourth time on December 29, 2018) clearly stipulates that employers shall not terminate or terminate labor contracts with workers who have not undergone occupational health examinations upon leaving their posts; the same article also stipulates that the cost of leaving-post examinations shall be borne by the employer.

5. Henglue Law Firm's Reminder

Risk Warning: Firstly, the exit examination is the employer's obligation, and workers in hazardous positions have the right and should request it before leaving the job; Secondly, if the employer terminates the contract without conducting the examination, it may be deemed illegal, and the worker can claim compensation; Thirdly, do not sign any documents waiving the right to a health examination or disclaiming liability; Fourthly, the exit examination report is an important basis for future occupational disease identification. It is recommended to consult about the connection between the exit physical examination and the termination of the contract.Beijing Henglue Law FirmOn the official website, similar columns are evaluated by professional lawyers.

VI. Frequently Asked Questions

Q1: Can I leave without getting a pre-departure occupational health check?

It is not allowed in hazardous positions. According to Article 35 of the Occupational Disease Prevention and Control Law, the employer shall not terminate or terminate the labor contract with workers who have not undergone occupational health examination upon leaving the job. It is legally justified for workers in hazardous positions to request an exit examination before leaving the job; if the employer terminates the contract before the examination, it may be deemed an illegal termination, and the worker may claim continued performance of the contract or compensation. The key is to prove that the position belongs to hazardous operations and that the employer has not arranged for an examination.

Q2: What evidence should be prepared for an exit inspection?

The following materials should be prepared: the labor contract and job description, to prove that the employee engaged in hazardous work; the notice of resignation or termination agreement, to prove that the employer terminated the employment without arranging an exit examination; the written communication record requiring an exit examination; the archives of occupational health examinations over the years; and, if the employee is diagnosed with an occupational disease, the relevant diagnosis certificate. These materials are used to prove that the employer violated the obligation of "examination first, termination later", which is the core of protecting the employee's rights.

Q3: How much does it cost to resolve a dispute over a pre-departure physical examination?

The cost of the exit examination is legally borne by the employer, and workers generally do not need to pay for it. If the worker conducts the examination or protects their rights on their own due to the employer's refusal to do so, the expenses involved may include attorney's fees, arbitration and litigation costs, which will be negotiated based on the specific circumstances of the case and there is no unified standard. For claims for compensation for unlawful termination, the expenses will vary depending on the subject of the claim and whether it involves the identification of occupational diseases. It is recommended to first consult and assess the budget based on the specific circumstances of the case.

Q4: How long does it take to conduct a departure inspection and protect one's rights?

When an employee resigns, the employer should arrange an exit examination immediately. If the employer refuses to do so, the supervision and handling period after the worker's complaint is uncertain. Labor arbitration cases must be concluded within 45 days, and appeals against the ruling in the first-instance ordinary procedure should not exceed six months. The procedures for compensation for illegal dismissal and the identification of occupational diseases may proceed concurrently. The overall situation depends on the employer's cooperation and the availability of evidence. It is recommended to fix the workplace hazards and communicate the evidence as early as possible during the resignation process.

Q5: What should I do if my employer doesn't arrange a pre-departure check for me?

The first step is to confirm whether the position involves exposure to occupational hazards. The second step is to request the employer in writing to arrange an exit examination and keep records before leaving the job. The third step is that if the employer refuses to conduct the examination or terminates the contract before the examination, do not sign the waiver document for the time being. Instead, file a complaint with the regulatory authorities or apply for labor arbitration. For related implementation details, please refer to the relevant provisions.Creditor's rights and debts, and enforcement casesColumn; Step 4: Claim compensation for unlawful termination; Step 5: Check for abnormalities and apply for an occupational disease diagnosis in a timely manner, with a professional lawyer evaluating the plan.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in a timely manner.