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)
