[China] Questions on marriage and childbirth banned from hiring process

[China] Questions on marriage and childbirth banned from hiring process
18 Mar 2019

A new rule bans employers in China from discussing marital and childbearing status with candidates during the hiring process, China Briefing reports.

The new measure prohibits such questions in a move to end discrimination against female candidates applying for roles or seeking promotion. Stereotypes around gender roles continue to affect the Chinese work culture. There is also a perception that it will be expensive to meet the legal entitlements women are offered. The Chinese government, unlike that of Austria and Norway, does not support the cost of maternity leave.

Women across China are entitled to 98-days paid maternity leave, minimum, and many regional governments offer an additional period of paid leave. In Shanghai, female employees are granted 128 days of paid maternal leave and in Guangdong, women are eligible to a minimum of 178 days.

A Human Rights Watch report, published in 2018, found one in five national civil service jobs were advertised as being for “men only” or “men preferred” positions. In February 2019, the Ministry of Human Resources and Social Security, the Ministry of Justice, the Supreme People’s Court and eight additional departments issued “
The Notice” (or the Circular about Further Regulating Recruitment and Promoting Women’s Employment).

Employers and human resource agencies face a fine of up to RMB 50,000 ($7,451.30) if job advertisements are considered to have discriminatory content, under the new law.

The Notice specifies that women applying for a job may not be questioned about marriage and childbirth or asked to take a pregnancy test during a medical examination. The Notice also stops employers restricting pregnancies as a condition of employment. It aims to “encourage wider and deeper participation of women in social and economic activities” by “standardizing recruitment practices and promoting equal employment for women.” It states gender equality as the “basic national policy of our country.”

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A new rule bans employers in China from discussing marital and childbearing status with candidates during the hiring process, China Briefing reports.

The new measure prohibits such questions in a move to end discrimination against female candidates applying for roles or seeking promotion. Stereotypes around gender roles continue to affect the Chinese work culture. There is also a perception that it will be expensive to meet the legal entitlements women are offered. The Chinese government, unlike that of Austria and Norway, does not support the cost of maternity leave.

Women across China are entitled to 98-days paid maternity leave, minimum, and many regional governments offer an additional period of paid leave. In Shanghai, female employees are granted 128 days of paid maternal leave and in Guangdong, women are eligible to a minimum of 178 days.

A Human Rights Watch report, published in 2018, found one in five national civil service jobs were advertised as being for “men only” or “men preferred” positions. In February 2019, the Ministry of Human Resources and Social Security, the Ministry of Justice, the Supreme People’s Court and eight additional departments issued “
The Notice” (or the Circular about Further Regulating Recruitment and Promoting Women’s Employment).

Employers and human resource agencies face a fine of up to RMB 50,000 ($7,451.30) if job advertisements are considered to have discriminatory content, under the new law.

The Notice specifies that women applying for a job may not be questioned about marriage and childbirth or asked to take a pregnancy test during a medical examination. The Notice also stops employers restricting pregnancies as a condition of employment. It aims to “encourage wider and deeper participation of women in social and economic activities” by “standardizing recruitment practices and promoting equal employment for women.” It states gender equality as the “basic national policy of our country.”

OTHER STORIES THAT MAY INTEREST YOU

Understanding marriage leave in China

China tweaks its pension insurance system

China cracks down on celebrity tax evasion

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