The "Special Provisions on Labor Protection for Female Employees" has been adopted by the 200th executive meeting of the State Council on April 18, 2012, and is hereby promulgated, which will be implemented as of the date of promulgation.
General Manager Wen Jiabao
April 28, 2012
Special regulations for female employees' labor protection
Article 1 These regulations are formulated in order to reduce and solve the special difficulties caused by physiological characteristics of female workers in labor, and to protect the health of female workers.
Article 2 These regulations shall apply to employers and their female employees such as state organs, enterprises, institutions, social organizations, individual economic organizations, and other social organizations within the People's Republic of China.
Article 3 Employers shall strengthen the labor protection of female employees, take measures to improve the labor safety and health conditions of female employees, and train female employees on labor safety and health knowledge.
Article 4 Employers shall abide by the regulations on the scope of labor that female employees are prohibited from engaging in. The employing unit shall inform the female employee in writing of the positions within the scope of the labor scope of which the female employee is prohibited.
范围 The scope of labor prohibited by female employees is listed in the appendix to these regulations. The work safety supervision and administration department of the State Council, in conjunction with the human resources and social security administration department of the State Council, and the health administration department of the State Council, adjust the scope of labor tabooed by female workers in accordance with economic and social development.
Article 5 Employers shall not reduce their wages, dismiss them, terminate labor or hire them for employment due to pregnancy, childbirth or breastfeeding.
Article 6 If a female worker cannot adapt to the original labor during pregnancy, the employer shall reduce the workload or arrange other adaptable labor according to the certificate of the medical institution.
For female employees who are more than 7 months pregnant, the employer shall not extend the working hours or arrange night shifts, and shall arrange certain rest periods during the working hours.
Pregnant women workers undergo prenatal check-ups during working hours, and the time required is included in working hours.
Article 7 Female employees enjoy 98 days of maternity leave, including 15 days of prenatal leave; for those who have difficulty giving birth, increase the maternity leave by 15 days; for those who have multiple births, each additional child will be increased by 15 days.
Female employees who have had a miscarriage under 4 months of pregnancy receive 15 days of maternity leave; those who have a miscarriage of 4 months pregnant receive 42 days of maternity leave.
Article 8 The maternity allowance for female employees during maternity leave shall be paid by the maternity insurance fund according to the monthly average salary of the employee in the previous year for those who have already participated in maternity insurance; for those who have not participated in maternity insurance, the wage before maternity leave shall be the standard for female employees Paid by the employer.
The medical expenses of female employees for childbirth or abortion shall be paid by the maternity insurance fund for those who have participated in the maternity insurance according to the items and standards stipulated in the maternity insurance; for those who have not participated in the maternity insurance, the employer shall pay.
(Article 9) For female employees who are breast-feeding infants under one year of age, the employer shall not extend the working hours or arrange night shift work.
(1) The employer shall arrange for one hour of breastfeeding time for female workers during lactation during the working day; if a female worker has multiple births, an additional hour of breastfeeding time shall be added for each additional baby.
Article 10 Employing units with a large number of female employees shall establish facilities such as female employees' health rooms, pregnant women's rest rooms, breastfeeding rooms, etc., in order to properly solve the difficulties of female employees in terms of physical hygiene and breastfeeding.
Article 11 Employers shall prevent and stop sexual harassment of female workers in the workplace.
Article 12 The human resources and social security administrative departments and work safety supervision and administration departments of the people's governments at or above the county level shall be responsible for supervising and inspecting the compliance of employers with these regulations in accordance with their respective duties.
Trade unions and women's organizations shall supervise the compliance of employers with these regulations in accordance with the law.
Article 13 If an employer violates the provisions of Articles 6, 2 and 7 and Article 9 (1) of these regulations, the human resources and social security administrative department of the people's government at or above the county level shall order correction within a time limit, and shall be subject to the violation of female employees. A calculation of 1,000 yuan to 5,000 yuan per person is a fine.
If the employer violates the provisions of Articles 1 and 2 of the appendix to these regulations, the work safety supervision and administration department of the people's government at or above the county level shall order correction within a time limit, and shall be fined according to the standard of 1,000 yuan to 5,000 yuan per person of the injured female employees. . If the employer violates the provisions of Articles 3 and 4 of the appendix to these regulations, the work safety supervision and administration department of the people's government at or above the county level shall order a limited period of treatment and impose a fine of 50,000 to 300,000 yuan; Operations, or requested the relevant people's government to order closure in accordance with the authority prescribed by the State Council.
Article 14 If an employer violates these regulations and infringes on the legitimate rights and interests of female employees, the female employees may file a complaint, report, or appeal in accordance with the law, and apply to the labor and personnel disputes mediation and arbitration agency for mediation and arbitration. litigation.
十五 Article 15 Employers who violate the provisions and infringe on the legitimate rights and interests of female employees and cause damage to female employees shall be compensated according to law; if the employer and its directly responsible supervisor and other directly responsible persons constitute a crime, criminal liability shall be investigated in accordance with the law.
Article 16 These provisions shall come into effect on the date of promulgation. The "Provisions on Labor Protection for Female Employees" promulgated by the State Council on July 21, 1988 was repealed at the same time.
Appendix:
范围 Labour scope of female employees
(1) Scope of labor prohibited by female employees:
(1) Underground operations in mines;
二 (2) tasks of the fourth level of physical labor intensity specified in the classification standard of physical labor intensity;
(3) Work with more than 6 loads per hour and more than 20 kg per load, or work with intermittent load and more than 25 kg per load.
The scope of labor that female employees are prohibited from engaging in during menstruation:
(1) The second, third, and fourth cold water operations specified in the classification standard for cold water operations;
二 (2) The second, third, and fourth low-temperature operations specified in the low-temperature operation classification standard;
三 (3) Levels 3 and 4 of physical labor intensity operations specified in the classification standards for physical labor intensity;
(4) Level 3 and Level 4 high-level operations specified in the grading standards for high-level operations.
The scope of labor that female employees are prohibited from engaging in during pregnancy:
(1) Lead and its compounds, mercury and its compounds, benzene, cadmium, beryllium, arsenic, cyanide, nitrogen oxides, carbon monoxide, carbon disulfide, chlorine, caprolactam, chloroprene, vinyl chloride, epoxy Operations where the concentration of toxic substances such as ethane, aniline and formaldehyde exceeds the national occupational health standards;
(2) Engage in the production of anticancer drugs, diethylstilbestrol, and exposure to anesthetic gas;
(3) Operation of radioactive materials of unsealed source, emergency treatment of nuclear accident and radiation accident;
四 (4) High-altitude operations specified in the high-altitude operation classification standards;
(5) Cold water operations specified in the cold water operation classification standards;
(6) Low-temperature operations specified in the low-temperature operation classification standard;
七 (7) Levels 3 and 4 operations specified in the high-temperature operation classification standard;
八 (8) Levels 3 and 4 operations specified in the noise work classification standard;
九 (nine) the tasks of the third and fourth levels of physical labor intensity stipulated in the classification standard of physical labor intensity;
(10) Work in confined spaces, high-pressure chambers, or diving operations with strong vibrations or operations that require frequent bending, climbing, and squatting.
24. Scope of labor prohibited for female employees during breastfeeding:
一 (1) Items 1, 3, and 9 of the scope of labor prohibited during pregnancy;
(2) Operations where the concentration of toxic substances such as manganese, fluorine, bromine, methanol, organic phosphorus compounds, and organic chlorine compounds in the air of the workplace exceeds the national occupational health standards.