Pulse

'Office sacked me over sexuality'

(China Daily)
Updated: 2011-05-18 08:25

I admitted I was gay in the office and two days later I was fired for what I feel was not a serious mistake. Who should I contact to complain about this? Also, does it make a difference whether it's a Chinese company or a foreign enterprise?

If you are in the probationary period, the problem is hard to solve because both parties are entitled to terminate the contract, whether it be a Chinese company or foreign company. In China, the probationary period could last a week or three months. During that time, any boss at the company who has a problem with your sexual orientation could theoretically fire you using the excuse of you being unsuitable for the job or inefficient. If you have passed your probationary period and signed an employment contract with the company, you can complain that the boss is in breach of the contract. A company cannot legally terminate an employee's contract unless they have violated Criminal Law. You may file an application to start labor arbitration and demand the boss shoulder the responsibility for your dismissal. However, it is hard to deal with complaints about attitudes toward homosexuality in the workplace by using the country's legal procedures. Employment is covered by China's Labor Law and has little to do with one's values or sexual orientation.

What is the legal drinking age in China, and are there any penalties for underage drinkers or their parents? What should I do if I see a group of children clearly underage drinking?

Unlike many Western countries, China does not stipulate the legal drinking age, neither the smoking age. However, the country does require shops not to sell liquor to consumers under the age of 18. If they do, a city or county industrial and commercial bureau can fine the shop owner. If you see teenagers or even younger children consuming alcohol, don't attempt to stop them because Chinese law does not prohibit minors from drinking. If you try, you could technically be accused of interfering with their freedom.

Need advice from METRO's legal experts? E-mail your questions to metrobeijing@chinadaily.com.cn. Please give as many details about your situation as possible. Answers supplied by Zhao Jianping at Dajia Law Firm on 6551-1122.

(China Daily 05/18/2011 page26)