China's laws against employment discrimination

(chinadaily.com.cn) Updated: 2014-05-13 11:15

China has no separate law or legal package that forbids employment discrimination. But there are provisions in other laws that address the problem. The Employment Promotion Law of the People's Republic of China, and the Labor Law of the People's Republic of China, include provisions that ensure basic principles of employment equality. Other laws that target certain group of people, including the Law on the Protection of Women's Rights and Interests, and the Law of the People's Republic of China on the Protection of Disabled Persons, contain provisions that protect people.

1. Employment Promotion Law of the People's Republic of China (full)

The law was passed at the 29th session of the Standing Committee of the 10th National People's Congress on 30 August, 2007 and took effect in Jan 1, 2008.

Its provisions concerning employment equlity include the following:

Chapter I General Provisions

Article 3 Workers shall be entitled by law to enjoy the right to equal employment and to seek their own employment.

No worker seeking employment shall suffer discrimination on the grounds of ethnicity, race, gender or religious belief.

Chapter III Fair Employment

Article 27 The state shall safeguard the equality of women with men in their enjoyment of labor rights.

With the exception of certain types of work or positions designated by the state as unsuitable for women, no employment unit, when recruiting new employees, shall refuse to recruit women by reason of gender or impose higher employment criteria for women.

No employment unit, when recruiting a female employee, shall include a clause in the employment contract imposing marriage or childbirth restrictions on the employee.

Article 28 Workers of all ethnic groups shall be entitled to equal labor rights.

Employment units, when recruiting new employees, shall treat ethnic minority workers appropriately in accordance with the law.

Article 29 The state shall safeguard the labor rights of handicapped persons.

The people's governments at all levels shall organize and coordinate the employment of handicapped persons and create favorable employment conditions for such persons.

No employment unit, when recruiting employees, shall discriminate against handicapped persons.

Article 30 No employment unit, when recruiting employees, shall refuse to employ a job candidate on the basis that he/she is a carrier of any infectious pathogen. However, no suspected carrier of any infectious pathogen the likely existence of which has been proven by a medical examination shall be permitted to enter into any type of employment prone to facilitate the spread of infectious diseases and therefore forbidden by any law, administrative regulations or the Public Health Administrative Department of the State Council before he/she is cured or eliminates the suspicion that he/she carries the infectious pathogen in question.

Article 31 Rural workers who move to urban areas to seek employment shall enjoy equal labor rights to urban workers and shall not be subjected to discriminatory restrictions.

Chapter VIII Legal Liability

Article 62 In the event of any employment discrimination in violation of the provisions of this

Law, the relevant worker(s) shall be entitled to initiate legal proceedings in the peoples' court.

Article 68 Any person who, in violation of the provisions of this Law, infringes a worker's legitimate rights and interests and causes the loss of property or any other damage shall bear civil liability in accordance with the law; where the violation constitutes a crime, criminal liability shall be pursued in accordance with the law.

2. Labour Law of the People's Republic of China (full)

The law was passed at the 18th Meeting of the Standing Committee of the 8th National People's Congress on July 5, 1994 and took effect in in Jan 1, 1995.

Its provisions concerning employment equlity include the following:

Chapter 1 General Provisions

Article 3 Labourers have the right to be employed on an equal basis, choose occupations, obtain remunerations for labour, take rests, have holidays and leaves, receive labour safety and sanitation protection, get training in professional skills, enjoy social insurance and welfare treatment, and submit applications for settlement of labour disputes, and other labour rights stipulated by law.

3. Law on the Protection of Women's Rights and Interests (full)

Adopted at the 5th session of the seventh National People's Congress of the People's Republic of China on April 3, 1992, and amended at the 17th Session of the Standing Committee of the 10th National People's Congress on August 28, 2005.

Its provisions concerning employment equlity include the following:

Chapter I General Provisions

Article 1 In accordance with the Constitution and the actual conditions of the country, this Law is formulated to protect women's lawful rights and interests, promote the equality between men and women and allow full play to women's role in socialist modernization.

Article 2 Women shall enjoy equal rights with men in all aspects of political, economic, cultural, social and family life.

The state shall implement the policy of equality between men and women as a basic national policy. The state shall take necessary measures and gradually improve the various systems to protect women's rights and interests, and to prevent all discrimination against women.

The state will protect special rights and interests of woman. Discrimination against, maltreatment of, or cruel treatment in any manner causing bodily injury to or death of women shall be prohibited.

Chapter IV Rights and Interests Relating to Work and Social Securities

Article 21 The State shall guarantee that women enjoy the equal right, with men, to work.

Article 22 With exception of the special types of work or post unsuitable to women, no unit may, in employing staff and workers, refuse to employ women by reason of sex or raise the employment standards for women.

Recruitment of female workers under the age of sixteen shall be prohibited.

Article 23 Equal pay for equal work shall be applied to men and women alike.

Women shall be equal with men in the allotment of housing and enjoyment of welfare benefits.

Article 24 In such aspects as promotion in post or in rank, evaluation and determination of professional and technological titles, the principle of equality between men and women shall be upheld and discrimination against women shall not be allowed.

Article 27 No unit may dismiss female employee, reduce her salary or unilaterally terminate labour contracts or service agreement because of marriage, pregnancy, maternity leave or baby- nursing. However, the termination of the contract or service agreement by the female worker is accepted.

When implementing the national retirement policy, no unit will discriminate against women based on sex.

4. Law of the People's Republic of China on the Protection of Persons with Disabilities (full)

Revised at the 2nd Meeting of the Standing Committee of the Eleventh National People's Congress of the People's Republic of China on April 24th, 2008. This Law entered into force as of July 1st, 2008.

Its provisions concerning employment equlity include the following:

Chapter IV Employment

Article 30 The State shall promote the employment of disabled persons by various units. People's governments at all levels and departments concerned shall organize and provide guidance in this regard. State organs, public organizations, enterprises, institutions and urban and rural collective economic organizations shall employ a certain proportion of disabled persons in appropriate types of jobs and posts. The specific ratio may be determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in line with their actual conditions.

Chapter 8 Legal Liabilities

Article 59 Where the lawful rights and interests of persons with disabilities are violated, the offended shall have the right to launch complaints to organizations of persons with disabilities. The organizations shall safeguard the lawful rights and interests of persons with disabilities and have the right to ask competent departments for investigation and action. The competent departments shall make such investigation and action and offer a reply.

Organizations of persons with disabilities shall provide support to persons with disabilities who need help in resorting to litigation for rights protection.

Where the interests of a certain group of persons with disabilities are violated, organizations of persons with disabilities shall have the right to ask competent departments to make investigations and hold the offenders accountable.

5. Labour Contract Law of the People's Republic of China (full)

Adopted at the 28th Session of the Standing Committee of the 10th National People's Congress on June 29, 2007, is hereby promulgated and shall become effective as of January 1, 2008.

Its provisions concerning employment equlity include the following:

Chapter IV Termination and Expiration of Labour Contracts

Article 42 The employer shall not terminate the labour contract pursuant to Article 40 or Article 41 if the employee meets any of the following conditions:

(1) The employee engaged in operations exposing to hazards of occupational disease has not undergone the off-work occupational health check, or the employee with suspected occupational disease is being diagnosed or

under medical observation;

(2) The employee has been confirmed to have totally or partially lost working capability due to occupational diseases or work-related injuries with the employer;

(3) The employee is receiving medical treatment for illness or non-work-related injuries within the stipulated medical treatment period;

(4) Female employee during pregnant, puerperal, or breast-feeding period;

(5) The employee has been working with the employer for over 15 consecutively years, and is within 5 years from the statutory retirement age;

Chapter IV Termination and Expiration of Labour Contracts

Article 42 The employer shall not terminate the labour contract pursuant to Article 40 or Article 41 if the employee meets any of the following conditions:

(2) The employee has been confirmed to have totally or partially lost working capability due to occupational diseases or work-related injuries with the employer;

(3) The employee is receiving medical treatment for illness or non-work-related injuries within the stipulated medical treatment period;

(4) Female employee during pregnant, puerperal, or breast-feeding period;

(5) The employee has been working with the employer for over 15 consecutively years, and is within 5 years from the statutory retirement age;