No Babies Clause in Work Contract

Hoatzin

ruminant bird
Registered Member
A thirty-year old woman of my acquaintance has signed a contract with an ethnic Chinese company based in several Southeast Asian nations to be some sort of assistant general manager in some media company in Sydney. At the end of the three years she is 'guaranteed' a general managership of her own in whatever city she chooses in which the company has a base. However her employment contract stipulates that she may not get pregnant for the next three years. I am unaware of the penalties should she do so. The problem is that her husband (and she) observe that the injections she must submit to every three months are making her heavier, and gosh knows having what hidden side effects. They have been married for less than a year.

Now she knows very well what she has got herself into, and no one forced her to sign this contract, but I am thinking one of the main reasons she was able to land this plum job was that so many other candidates were horrified at the offer.

So my question is: is this standard procedure in the brave new world of the 21st century? A hundred years ago when I was just starting out, I don't believe any corporation, even a presumably amoral ethnic Southeast Asian Chinese one would have dared to make such an offer. To my way of thinking, this contractual obligation is clearly a human rights violation.

Even the mainland Chinese government, which I also presume to be amoral, or at least eager to accept whatever is expedient to its own ends, while it has an official one-child policy and penalizes couples who 'slip up' - even this long-considered to be oppressive Communist government probably realizes that it is unprecedented, and a bit much (if they weren't sitting on a population time bomb in that country) to interfere in married life. I mean, isn't one of the pleasures of copulation that no one is in charge of it? King and country may push you around plenty during the day, but what couples do once the lights go out is pretty much beyond government as well as corporate regulation... or so I thought.

If such contracts are the price women must pay for equality in the workplace, I say it is too high a price.

This woman is thirty years old and isn't asking for my advice, but if it was me, I'd tell them to take their job and stick it where the sun doesn't shine. How about you?
 
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Here that would be illegal, one of the "evils" of unions and gov legislation is to protect against exploitation like that, course mad and Michael would celebrate this as the triumph of there religion, all power to the employers
 
So my question is: is this standard procedure in the brave new world of the 21st century? A hundred years ago when I was just starting out, I don't believe any corporation, even a presumably amoral ethnic Southeast Asian Chinese one would have dared to make such an offer.

You are correct. They would have just said "women need not apply" and avoided the issue entirely. Is this better or worse than that?

I mean, isn't one of the pleasures of copulation that no one is in charge of it?

I don't think they are prohibiting copulation, just pregnancy.

but if it was me, I'd tell them to take their job and stick it where the sun doesn't shine. How about you?

I agree! And if everyone does that, then the company folds. Problem solved.
 
So my question is: is this standard procedure in the brave new world of the 21st century?

I think it's fairly common, in all jobs. It's usually illegal, but there are ways around that.


I mean, isn't one of the pleasures of copulation that no one is in charge of it? King and country may push you around plenty during the day, but what couples do once the lights go out is pretty much beyond government as well as corporate regulation... or so I thought.

If such contracts are the price women must pay for equality in the workplace, I say it is too high a price.

Is the stipulation that she may not get pregnant, or that she may not carry a child to term?
It's probably the latter.
 
A thirty-year old woman of my acquaintance has signed a contract with an ethnic Chinese company based in several Southeast Asian nation to be some sort of assistant general manager in some media company in Sydney

I'd like to know the name of the company that is doing this, can you post its name so that I might contact it about this matter?
 
Ops missed that, take the job then when she gets here contact Fair Work Australia and the Sex Discrimination commissioner. Doesn't matter what they THINK they can do they MUST follow Australian law
 
but I thought that they can just pay the fine to get a baby? And if she is the high wealth manager you say she is...she can easily pay the Populations and Family Commissions a 10,000 yuan fine for rural area and 110,000 yuan for cities like Shanghai.

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Did you actually read the thread? its not about the one child policy its about an employment contract forbiding her having kids

As i said no contract can avoid the laws of the land and its illegal to discriminate on the basis of pregancy (of self OR partner i might add) in Australia so this contract would be illegal and therefore could be ignored without penelty at the very least.
 
Did you actually read the thread? its not about the one child policy its about an employment contract forbiding her having kids

As i said no contract can avoid the laws of the land and its illegal to discriminate on the basis of pregancy (of self OR partner i might add) in Australia so this contract would be illegal and therefore could be ignored without penelty at the very least.

can she sue the company that is making her sign a contract that goes against constitution of the country where this company operates and her civil rights?
 
The company recruited her in a Southeast Asian nation. I will try to find the answers to all the other questions posters have asked, and get back to you soon.
 
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can she sue the company that is making her sign a contract that goes against constitution of the country where this company operates and her civil rights?

a) law, not consitution, this is not the US
b) she could but why would she? the Australian goverment will do it for her. The whole point of Fair Work Australia is so that workers dont need to take employers to court to protect there basic rights, the Anti discrimination Commission performs the same function, you make a report to them, they investigate and then they will take court action on your behalf if apropriate.
 
Sorry. I can obtain no further information, but it is as I said, the lady will hear no sensible advice, nor will her husband, and I'd bet my reputation as an interfering busybody that she got the job because twenty other candidates rejected the offer as outrageous. Thanks for tuning in.
 
Sorry. I can obtain no further information, but it is as I said, the lady will hear no sensible advice, nor will her husband, and I'd bet my reputation as an interfering busybody that she got the job because twenty other candidates rejected the offer as outrageous. Thanks for tuning in.

So the lady in question can't tell you the name of the company she works at? I find that very hard to believe and now I doubt your words.
 
As I've said, she is merely an acquaintance of mine. I can hardly walk up to her and ask. We no longer even live in the same city, and what I meant in my last message is that any questions or offers of assistance would only be interpreted as interference.
 
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