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Katherine C. Pearson, Editor, and a Member of the Law Professor Blogs Network on LexBlog.com

Chinese arbitration committee upholds lower retirement age for women than men

October 19, 2005

In an unusual labor dispute, the arbitration committee of Pingdingshanin Henan Province ruled on Monday against Zhou Xianghua, who accusedher employer — the Pingdingshan Branch of China Construction Bank — ofsexual discrimination for ordering her to retire at 55.

The committee said in its written ruling that Zhou had failed toprovide sufficient evidence and legal basis to support her appeal andwould have to bear the total arbitral fee of 420 yuan (US$52).

The committee said its rule was based on the ProvisionalRegulations on Resettlement of the Old and Weak Cadres. Theregulations, promulgated by the State Council, or China’s Cabinet, in1978, specified the retirement ages for women and men employees workingfor enterprises.

According to the regulations, the age of retirement for womenemployees is five years less than that of men. If a person has aworker’s status, a women’s retirement age is 50 and men 55; if a personhas a cadre status, a woman retires at 55 and a man at 60.

The committee said it was not its responsibility to judge whetherthe regulations run contrary to China’s Constitution, the Labor Law orrelated international laws signed by the Chinese government.

Read more in the Shanghai Daily News.

Ed:  with the number of China’s elderly expected to reach 400 million by 2040, one would think that later retirement would be encouraged, not prohibited.

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