Cheque Please

As sophisticated as we like to think we are here in Very Rich Megacity, there is currently no such thing as same-sex benefits.  

That's not surprising considering that there are no specific laws banning dismissal or discrimination in the workplace on the grounds of sexual orientation.  That's a problem.  At the moment, all one can say is that there is steadily growing consensus that gays need to be protected in the workplace. The Equal Opportunities Commission has been making noises.

They say change comes along every 25 years - 30 years. So the idea of protecting gays in the workplace appears to be hatching pretty much on schedule. After all, it was only in 1991 that gay sex became legal in VRM. (Prior to that, it was theoretically punishable by life imprisonment even if there were 2 consenting adults in private).

1.   Same Sex Benefits  and Very Rich Megacity

In principle, FuelMix agrees with the concept of same-sex benefits being extended in the workplace here in Very Rich Megacity. The issue is in defining the same-sex relationship. We've said several times in this blog that gay men need to stay away from the concept of “gay marriage” because of its Christian fundamentalist connotations. Instead we advocated legalized Civil Unions under which a parallel code of legal rights and obligations would be extended to those in a committed same-sex relationship. 

In other words, the further gays stay away from religious dogma, the less they play into the hands of rabble rousing moralists (yeah......we have them in Asia too, exercising their democratic right of free speech) and blustering politicians affirming “family values”. 

The other issue is that (so far as FuelMix is presently aware), there is no explicit right of “gay marriage” in VRM or for that matter, legalized same-sex civil unions. The problem is easy to see........if there is no legal right to a gay relationship, the question of same sex benefits is moot.

2.   Local Benefits vs Expatriate Benefits

That poses another problem. The only companies in VRM who would or could voluntarily offer same-sex benefits would be overseas companies with a large expatriate workforce and a more liberal benefits policy. Some of the employees may well have entered into “gay marriages” in other jurisdictions. 

Which in turn raises another problem. If there’s no legal framework in VRM that recognizes the same-sex relationship, then ergo, the “gay marriage” status acquired overseas is worthless in VRM for enforcing a legal right against the employer in VRM for the purposes of obtaining payment of same-sex benefits. 

In fact, FuelMix would go further and say that enforcement of the contractual obligation against the employer might well have to take place in the jurisdiction where the “gay marriage” took place. 

That’s not as far-fetched as it sounds. FuelMix came across an online report where a lesbian, in God's Own Country, was bitching that in order to dissolve her “marriage” she had to move back to the state in which the marriage took place, live there for a while and then apply for a divorce. 

There are certainly anti-discrimination laws in Very Rich Megacity that criminalize attempts to discriminate on the grounds of age, sex, religion, and sexual orientation. But those laws aren’t helpful in the context of same-sex benefits. Frequently, same-sex benefits have to do with pensions or medical treatment or retirement funds where one party claiming the benefit, may not be employed by that employer.

3.   Current Laws And The Asian Mindset

There's also the whole Asian cultural deal. Having an announced same sex benefits policy, marks a company out as too liberal - particularly a private company run by generations of ancestors that is suddenly up against more permissive policies articulated by the eldest grandson returning to Asia, freshly minted with an MBA from Stanford, a nasal twang and an insistence on celebrating Thanksgiving.

Also, how does a 30-something Asian employee, working for that same private company, who's living at home totally closeted, but with a steady BF for the last 6 years, summon the courage to enquire, let alone apply, for same sex benefits..........??

It’s all good mental exercise for policy makers and concerned fags, which FuelMix isn’t.  

4.   Putting It Into Perspective 

Why wouldn’t FuelMix be concerned? Well, quite simply, there are fags and then there are gay men.  

The average fag’s idea of a committed relationship is someone he’s known for the last 2 hours and can therefore be counted on to supply him with sex and a chemical addiction for about a week. That’s the extent of the same sex benefit right there. Employers don’t come into it because both fags are incapable of holding a steady job for too long or they have several part-time jobs.

The gay man in a committed relationship is smart enough to enter into some form of pre-nuptial agreement with his partner that spells it all out. And if he’s really smart, he can tell his employers to pay his benefits to, say, his lawyer or accountant - effectively, a Trustee. Why would the employer complain? After all, the employee is single and he wants someone he can count on to administer his affairs in case accident, illness or death occurs.  

Then the same employee enters into a separate agreement with the lawyer or accountant to pay the money to whomever he directs after he croaks, or to split it during their lifetime. 

But hey, in the meantime, the angst of same-sex benefits - or lack thereof in VRM -  is good bar talk when a fag tries to appear knowledgeable in front of that horny Western drug-fucked flight attendant on a layover, whose airline is having union troubles.

For the record, we're not giving financial or legal advice. 


5.  Where Do We Currently Stand?

We feel that Very Rich Megacity needs as a starting point, a law banning discrimination in the workplace on the grounds of sexual orientation. From there it requires rational debate on the form of legalized same sex relationships, followed by legislation to that effect. That will then be followed by legislation concerning same sex benefits, adoption and inheritance rights.

Will all this happen overnight....? No.  Sexuality is one of the areas that Very Rich Megacity, noted for the speed of its urban lifestyle and in getting things done, procrastinates. It's where the East-Meets-West culture reaches an impasse.

At the moment, the fallback position is a document issued by the Government entitled, Code of Practice Against Discrimination in Employment on the Ground of Sexual Orientation.  The good news is that a number of large companies operating here have voluntarily signed up to adopt this Code of Practice.  A current list - updated as of 8 October 2014 -  of can be found here.

Originally published 22 April 2008

Amended and Republished 30 November 2013 | 15 October 2014

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