Keep local rules up to date

Four labor law experts have suggested the Legislative Affairs Commission of the National People’s Congress Standing Committee, China’s top legislature, review a clause that appears in the regulations of seven provinces, which stipulates that couples having more children than the family planning law allows must be fired from their jobs as punishment.

The commission notified the provincial people’s congresses of some of the provinces recently, suggesting they amend their regulations, which, in practice, have served more as a deterrent so people abide by the family planning law.

Since 2016, all couples in China have been allowed to have two children, a big shift in China’s family planning policy. This remains a legal ceiling for the number of children each couple can have, depending on certain conditions. Violating the rules means paying a fine in most provinces or, in the case of the seven provinces concerned, the couple losing their jobs.

These local regulations, which are a byproduct of the former strict family planning laws and rules introduced in the 1980s, should have been abolished long ago, especially after China reformed its family planning policies and revised the relevant laws two years ago.

The right to work is a basic right as stipulated in the Labor Law and Labor Contract Law, which should not be affected or restricted because of violating the rules and laws on family planning.

According to the two laws, there are six situations in which employers can fire employees unilaterally, for instance, if employees violate the Criminal Law. But having more babies than the family planning policy allows does not belong to any of the six situations.

The revision of local rules must be timely. Otherwise, the effects of any amendments to national laws and the reform of central government’s policies will not be felt.

— BEIJING NEWS News: Advertisement: Phone app: