University Lecturer Fired After Cancer Diagnosis in Gansu

By Diana Park

The death of a university lecturer in Gansu province has come to symbolize the failure of the Chinese legal system to enforce labor laws.

The story is of Liu Lingli, who had taught at Baowen College of Lanzhou Jiaotong University for two years before she was diagnosed with ovarian cancer in June 2014. In need of treatment, she applied for sick leave in that fall. In early 2015, her cancer had metastasized, and Liu's mother had to ask the school to extend Liu's leave of absence and to continue to pay for Liu's insurance, which would cover about 80 percent of the medical bills.
The school, however, outright refused the request. Not only did the school officials refuse her request — "Don't cry in front of me, I have experienced many such things," one of them said to Liu's mother—but the school also fired Liu for "absenteeism." It was later reported that the school had already stopped paying her since July 2014, when Liu first began her treatment.

This led Liu to sue the university for illegal termination of her labor contract, for this layoff is a clear violation of labor law in China. In theory, Chinese labor law clearly stipulates that employees "receiving medical treatment for illness or non-work-related injuries within the stipulated medical treamtn period" shall not be fired. However, experts point out that this law is often ignored, especially in industries like mining, where injuries are prone to occur.

While waiting for a ruling, Liu's medical bills piled up to a total of more than USD$60,000. With Liu unemployed, and her parents earning around USD$500 a month, the bill put the family under great financial restraint. Determined to put up a fight, Liu started to sell clothes on the street, despite being in chemotherapy. There, she befriended Nie Ting, 29, who said in an interview with The New York Times that "[Liu] is a strong woman; I had no idea she had cancer the first time I met her."

In the end, Lanzhou Intermediate People's Court sided with her, ruling that Liu and the school "still had an employment relationship, and required the school to meet its obligations." Unfortunately, Liu did not live to see the final ruling; the school kept seeking delays in court hearings, and even appealed the decision, and Liu passed away on August 14.

Chinese newspaper The Paperreported on Monday that the university agreed to pay nearly USD$11,000, including USD$2,200 for her funeral. The school was also reported to have suspended the human resources director at the school where Liu worked. No one from the university was available for comment.

This incident has caused great public outrage in China. China Daily wrote, "[s]uch a brazen disregard for the rule of law, though not rare nowadays, must be taken seriously. Or else, other employees will live in fear of being fired simply for being sick." The paper also suggested that institutions like Lanzhou Jiaotong University are "overstepping the boundaries of labor and social security laws."
A candlelight vigil remembering Liu was held on campus. Weibo was also flooded with messages of condolescences and of outrage. One Weibo user, WangFuping8583, wrote that this incident is "the death of humanity," while another wrote, "[t]he lack of humanity at institutions of higher learning is sending chills through all of society."

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