Recently, nine departments in China just jointly issued a notice, which has new requirements for the company to recruit new employees. This notice has aroused widespread public concern.

 

*The official notice was issued from the Ministry of Human Resources and Social Security, the Ministry of Education, the Ministry of Justice, the Health Commission, the State-owned Assets Supervision and Administration Commission, the Medical Insurance Bureau, the National Federation of Trade Unions, the All-China Women’s Federation and the Supreme People’s Court.

The “Notice” stipulates that employment gender discrimination in the recruitment process is prohibited according to law. 

All types of employers and human resources service agencies shall not limit the gender (except for the scope of labor forbidden by female employees) or gender priority in the process of formulating recruitment plans, publishing recruitment information, and recruiting personnel.

• Women’s job hunting is not restricted by gender,

• Do not refuse to hire women,

• Do not ask women about marriage and childbirth.

• Pregnancy tests should not be used as physical examine.

• Restricted childbirth may not be used as a condition of employment.

• The criteria for the recruitment of women must not be differentiated.

How to supervise and punish?

How to supervise and punish employers and human resources service agencies for publishing job information containing gender-discriminatory content? How to report a complaint? all these questions have been answered in the Notice clearly.

Strengthen the supervision of

 human resources market

Supervise the human resources service organization to establish and improve the information release review and complaint handling mechanism, effectively fulfill the recruitment information release audit obligation, and promptly correct the release of employment information containing gender-discriminatory content to ensure that the published information is true, legal and effective.

If the employer or human resources service organization issues recruitment information containing gender-discriminatory content, it shall be ordered to make corrections according to law; if it refuses to make corrections, it shall be fined not less than 10,000 yuan but not more than 50,000 yuan.

The human resources service agency with serious circumstances will be revoked the human resources service license.

The employer and the human resources service organization shall be included in the human resources market integrity record due to the release of administrative punishments for the recruitment information containing gender-discriminatory content, and the disciplinary action shall be implemented according to law.

Establish a joint interview mechanism

Open the window to visit the reception, 12333, 12338, 12351 hotline and other channels, timely accept employment complaints related to gender discrimination.

If the interviewed unit refuses to accept the interview or refuses to make corrections after the interview, it shall investigate and deal with it according to law and expose it to the society through the media.

Improve legal aid

Legally accept the prosecution of gender discrimination in women’s employment and set up a dispute over the equal employment rights.Actively provide legal assistance such as legal counseling to women who are victims of gender discrimination in employment, and provide legal assistance to eligible women.

 

Actively provide judicial assistance to eligible women who are subject to gender discrimination in employment.