No baby, no job!(2)

Dishonesty the norm

Not being honest with employers about their marital status is now the norm for married women who are not mothers, according to a former human resources director surnamed Zhou.

Zhou said few people gave personal information in their resumes. But before a face-to-face interview most employers ask them to fill in an application form which asks about their marital status. "That's when applicants lie."

However, Zhou admitted that discrimination against married women who are not mothers is very common and more than 90 percent of employers will want to know the answers to these questions before hiring someone. "Obviously, when there is a married non-mom and an unmarried woman, most employers will choose the latter."

Zhou once worked for five years in human resources for a five-star hotel. She said that while her boss had not told her not to hire married women who were not mothers, she discussed marriage and children with all the applicants. "It's vital. Women often care more about their children than their work."

She felt it was understandable that employers didn't like hiring married women who were not mothers as they had to give any pregnant employee at least 98 days of maternity leave. "And under Chinese law, a company can't fire the woman during these 98 days, nor can it recruit someone to replace her," she said. "This is a big problem."

According to the regulations on the rights of women employees issued in 2012, a woman is entitled to 98 days of paid maternity leave from 15 days before the expected childbirth. In Shanghai, women who give birth after the age of 24 are entitled to an extra 30 days of paid leave.

As well, a pregnant woman can apply for 75 days of pre-maternity leave, and ask for other sick leave. China's Labor Law also stipulates that women are not allowed to work overtime, or work on night shifts during pregnancy.

Because of this few companies are happy about pregnant staff members. "Since it is illegal to fire a pregnant woman, employers prefer to reject the married women who have not had children," explained Ren Chao, an associate professor at the East China University of Political Science and Law.

Ren said that it was very hard for women to charge employers with discrimination. "Just as a few companies don't hire people born under certain astrological signs - the likes and dislikes of an employer are personal and don't break the law."

However, in Shanghai women can ask the Shanghai Women's Federation (SWF) for help if they feel they have been rejected for a job because of their marital status. Lu Ronggen, the vice director of SWF's protection of rights department, said local regulations stipulated that employers must not impose restrictions on a female worker's marriage and pregnancy.

Lu acknowledged that what the SWF could do was help women with these problems negotiate with their companies. "We are not a law-enforcement organization," Lu said. To date the SWF had not been approached about this issue.

Yin and Sun were not surprised by his words. "Few women would ask someone for help, as that usually doesn't work at all," Sun said. "What's worse, after that employers would be even more reluctant to hire you."

A pregnancy promise

Last November, after weeks of anger and stress, Sun was hired by an immigration service company in Jing'an district. She promised her boss that she would not fall pregnant for at least two years.

And last week, Yin got a job. Though it is not ideal for her she was appreciated being given work - it was the only company that was not concerned over her marital status. Her boss, a 50-something woman, did not ask her to delay pregnancy.

Huang He is the director of a city employment organization and he believes good companies shouldn't reject married women who are not mothers as long as they suit the positions needed. "Compared with personal details about marriage and fertility, a woman's abilities, her skill and experiences, are much more important to a company's development."