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ZHENGZHOU, Nov. 14(Xinhuanet)-- In defiance of a ruling by local labor arbitration committee, Zhou Xianghua said Monday she had filed a lawsuit with a local court against her employer-- the Pingdingshan Branch of China Construction Bank(CCB)-- which Zhou accuses of gender discrimination for ordering her to retire at 55.
Zhou said after serious consideration she decided to go to the court with the branch. Zhou said the trial was slated for December 9th in the People's Court of Zhanhe District under Pingdingshan, some 200 kilometers south of Zhengzhou, capital of central China's Henan Province.
Zhou, who is now 56 years old, became a clerk of the CCB branch in 1989 and a chief teller three years later. In January this year, Zhou was told by the branch to begin to handle her retirement procedures, but she said she hoped to retire at the age of 60, as male employees did.
The Branch, however, dismissed her, citing"legal retirement ages" set in the state regulations. Liu Xinhua, director of the branch's personnel office, said the retirement decision for Zhou abided by the Provisional Regulations on the Resettlement of the Old and Weak Cadres, promulgated by the State Council, or China's cabinet, in 1978.
According to the Regulations, the age of retirement for women employees is five years less than that for men. For blue-collar workers, a women's retirement age is 50 while for men it's 55; if a person has a cadre status, a woman retires at 55 and a man at 60.
After failure to negotiate with the CCB branch, Zhou filed a complaint on August 23 to the arbitration committee of Pingdingshan for the labor dispute settlement. In this unusual labor dispute, the committee on October 17 ruled against Zhou.
The Committee said in its written ruling that Zhou had failed to provide sufficient evidence and legal basis to support her appeal and would have to bear the total arbitral fee of 420 yuan(about 52 US dollars).
The Committee said it was not its responsibility to judge whether the Regulations run contrary to China's Constitution, the Labor Law or related international conventions signed by the Chinese Government.
Instead, it said the Branch's decision to inform Zhou to begin retirement procedures tallied with the current retirement policy implemented in China.
Zhou's son, Li Hao, who is an agent for Zhou's case, said the Committee's arbitration was a result of applying inappropriate laws. Li Hao is a law postgraduate from Sichuan University in Southwest China. Enditem
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