The arbitration committee of Pingdingshan in
central China's Henan
Province ruled yesterday against Zhou Xianghua who had accused
her employer - the Pingdingshan Branch of China
Construction Bank (CCB) - of sexual discrimination for ordering
her to retire at 55.
The committee said in its written ruling that Zhou
had failed to provide sufficient evidence and legal basis to
support her case and would have to bear the total arbitral fee of
420 yuan (US$52).
It said its decision was based on the Provisional
Regulations on Resettlement of Old and Weak Cadres. These 1978
State Council regulations set retirement ages for female and male
employees working for all enterprises, including CCB.
According to the regulations, the age of retirement
for women employees is five years less than that for men. For
workers these ages are 50 and 55, for cadres they are 55 and
60.
The committee said it was not its responsibility to
judge whether the regulations run contrary to China's constitution,
labor law or international laws signed by the government.
Instead, it said the bank branch's requirement for
Zhou to retire tallied with current retirement policy in China.
Zhou, who became a clerk at the CCB branch in 1989
and a chief teller three years later, said she was healthy and
competent for her current job considering her energy and
experience.
After failing to negotiate a settlement with the
branch, Zhou filed a lawsuit calling for the right to retire at the
same age as her male colleagues, saying the rule that forced women
out at 55 was discriminatory.
The arbitration committee opened a public session
to hear the case last Tuesday, but the bank branch refused its
offer to mediate.
The committee said either side of the dispute, if
dissatisfied with the ruling, could take their case to a local
people's court within 15 days.
Zhou told Xinhua News Agency that she would give
this serious consideration.
(Xinhua News Agency October 18, 2005)