Shenzhen Special Economic Zone, Regulations for the Promotion of Sexual Equality
深圳经济特区性别平等促进条例
October 25, 2012 | BY
CLP Temp &Shenzhen has promulgated the first set of regional regulations on sexual equality in China.
Promulgated: July 10 2012
Effective: January 1 2013
Main contents: For the purposes of these Regulations, the term “sexual discrimination” means any act of differentiation, exclusion or restriction done based on sex and the objective or consequence of which is to directly or indirectly affect or infringe the equal rights and interests of the sexes. However, sexual discrimination is not constituted where:
(1) temporary special measures are taken with a view to accelerating the realisation of real equality between the sexes; or
(2) special measures are taken based on physiological reasons or due to pregnancy, childbirth or nursing in order to protect females (Article 5).
When an employer is recruiting and/or hiring personnel, it may not, unless otherwise provided in state laws, set requirements based on sex and may not refuse to hire a certain sex or set higher hiring standards for a certain sex based on grounds such as sex, marital status or pregnancy. However, exceptions shall be made where priority or preferential measures are taken for a certain sex pursuant to guiding opinions on balancing sex ratios or relevant laws and regulations.
In the event of a violation of the preceding paragraph, the human resources and social security department shall order rectification within a specified period of time. If such rectification is not carried out by the deadline, the human resources and social security department shall impose a fine of not less than Rmb3,000 and not more than Rmb30,000 (Article 16).
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