Workers to be given the right to sue employers for discrimination

China: A new employment promotion law was passed in August by the Standing Committee of the National's People's Congress allowing Chinese workers to sue their employers for illegal discrimination beginning 1 January 2008

Discrimination because of race, ethnicity, sex, religion, disabled persons, hepatitis B and HIV carriers is already (since 1991) prohibited. The effect of these prohibitions has been greatly limited because no right was explicitly granted to individuals who suffer illegal discrimination and no penalties were specified in any laws or regulations

The new law grants individuals who suffer illegal discrimination the right to bring a claim to court. However, age discrimination is not specifically prohibited.

But there are still unclear issues. Up to now there is no regime if the discrimination claims are treated as labour disputes or ordinary civil claims. In addition, there are no clear standards for proving discrimination. Chinese antidiscrimination laws remain at an early stage of development. However, individuals now have the opportunity to file discrimination suits that will have future effects.

Source: Financial Times Asia, 25 September 2007
Asian Casualty Report 10th Edition June 2008 – Gen Re