On 18 February 2019, the Ministry of Human Resources and Social Security, together with eight other departments, issued the Notice on Further Regulating Recruitment and Promoting Women’s Employment. The most notable provision is “prohibition of gender discrimination in the recruitment process”, with changes including employers must not ask about a female candidate’s marital and childbearing status, and penalties of up to RMB50,000 (US$7,450).
The notice caused widespread concern and discussion. In the author’s view, most of the news and interpretations are “clickbait”, which may easily create misunderstanding with readers. According to articles 2 and 3 of the notice, inquiring about the marital and childbearing status of female candidates does not directly lead to administrative penalties. An employer will receive a fine of between RMB10,000 and RMB50,000 only if it publishes recruitment information containing gender discrimination content, and refuses to make corrections after being order to.
Nevertheless, the employer needs to pay attention to labour law risk control in the recruitment process. Labour risks may arise from the moment when a recruitment advertisement is posted. This article discusses some misunderstandings and traps that employers should try to avoid during the recruitment process.
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Ivy Zhang is a senior attorney of Rui Bai Law Firm. Rui Bai and Xin Bai are members of the PwC global network of firms.
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