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China: Government strictly prohibits COVID-based job discrimination

  • On 1 August 2022, an urgent notice, jointly released by the Ministry of Human Resources and Social Security and the National Health Commission, prohibits any prejudice and discrimination against recovered COVID-19 patients in the job market.

According to the notice, employers and human resources agencies are prohibited from refusing to hire job-seekers for having tested positive for COVID-19 and dismissing employees for being recovered COVID patients.

It also includes the prohibition of discriminatory content in job advertisements against people who have tested positive for COVID-19.

Employers violating the foregoing rules may be subjected to public exposure or administrative penalty.

Following the urgent notice, last 16 August, the ministry and China's Supreme People's Court released a joint notice to reiterate the prohibition and strengthen the trials of cases related to employment discrimination.

It states that employees can file a lawsuit with the people's courts against employers who discriminate in the workplace and arbitrarily check job applicants' testing results on the ground that employers violated their rights to equal employment or rights and interests of personal information.

Media reported in July that those who had recovered from COVID-19 were struggling to find jobs in Shanghai - where the job market has been severely challenged by COVID-19 this year - as some employers rejected them because of their history of infection.

Under Chinese Employment Law, employees shall not be discriminated against for their race, ethnicity, gender, or religious belief. This notice expands the scope of job discrimination by prohibiting Covid-based job discrimination.

These measures also depend on o the fact that China's COVID technology creates conditions to identify people testing positive: under the country’s COVID-19 control system, individuals need to carry a health code, tracking their history, residence, and medical records.

The code switches colours from green and yellow to red, indicating different levels of COVID exposure risks.

Employers should verify compliance with the notice and avoid Covid-based discrimination during recruitment and employment.