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China Ani-discrimination Law

General Introduction

There is no specific anti-discrimination law in the People’s Republic of China. However certain general anti-discrimination provisions are included in various laws and regulations. This Guide gives a general overview of the anti-discrimination environment and it relates to employment matters in the PRC. Our China employment lawyer and China labor lawyer wrote such an article just intend to give you a general idea of what China anti-discrimination law is. It is not intended to be formal legal advice. There are two main source of anti-discrimination law:

China Constitution Law

The Constitution of the PRC (the “PRC Constitution”), adopted on 4 December 1982 by the Fifth National People’s Congress of the PRC, contains certain provisions relating to equal employment opportunity.
Article 33 of the PRC Constitution stipulates that all citizens are equal before the law.
Article 48 of the PRC Constitution provides that women enjoy equal rights with men in all spheres of life, political, economic, cultural and social, including family life. More specifically, it provides that the State must protect the rights and interests of women, apply the principle of equal pay for equal work and train and select cadres from among women as well.

Employment Law and Regulation of China

Article 13 of the PRC Labour Law prescribes that employees or applicants for employment must not be discriminated against on the basis of nationality, race, gender, or religious belief.
Article 14 of the PRC Labour Law prescribes that females shall enjoy equal rights with males with respect to employment. It is against the law to refuse to hire a female employee because of her gender, or raise pre-conditions for her employment except for those jobs or positions that are unsuitable to females as prescribed by the State.
Chapter 3 of the PRC Employment Promotion Law prescribes that the employer shall offer equal employment opportunities, terms and conditions to each employee. This law expressly restricts any employment discrimination against women, ethnic minorities, disabled people, carriers of epidemic pathogens or rural workers.
Article 20 of the Employment Services and Management Regulations prescribes that no discrimination related items shall be included in the employer’s recruitment advertisement.

Discrimination and Employment Principles

Employers in China must comply with the following general principles established under the Labor Law:
• No discrimination based on nationality, race, sex or religious affiliation
• Equal employment rights for men and women
• Equal pay for equal work

In addition, employees have the following rights under the Labor Law:

• The right to obtain employment and to choose their occupation
• The right to labor safety and hygiene
• The right to social insurance and welfare

In practice, without proper advice, it can be difficult for employers in China to know whether they are in compliance with these principles because they are not well developed and there is no specific legislation implementing them. In addition, even though Representative Offices are not the legal employers of their staff, in many cases Representative Offices may be required to abide by these principles.

 

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