The special regulations on the protection of women workers' labor have been adopted at the 200th executive meeting of the State Council in April 18, 2012, and are hereby promulgated and implemented on the date of promulgation.
Prime Minister Wen Jiabao
April 28th, two, one or two
Special provisions for labor protection of female workers
Article 1 These Provisions are formulated in order to reduce and solve the special difficulties caused by physiological characteristics of women workers in their work and to protect the health of women workers.
Second the state organs, enterprises, institutions, social organizations, individual economic organizations and other social organizations, such as the state organs, enterprises, institutions, social organizations and other social organizations in People's Republic of China, shall apply these provisions.
The third employers should strengthen the labor protection of women workers, take measures to improve the safety and health conditions of female workers and workers, and carry out the training of labor safety and health knowledge for women workers.
The fourth employer shall abide by the provisions of the scope of labor prohibited by female workers. The employing unit shall inform the female employees in writing of their jobs which belong to the range of labor prohibited by the female workers.
The range of labor prohibited by female workers is shown in the appendix of this regulation. The Department of safety supervision and administration of the State Council, in conjunction with the administrative department for human resources and social security of the State Council, and the health administration department under the State Council, adjust the scope of labor of female workers and workers in accordance with the economic and social development.
The fifth employers shall not reduce their wages, dismiss, dissolve labor or employ contracts because of the pregnancy, childbirth and lactation of female workers.
If the sixth female workers are unable to adapt to the original labor during the pregnancy, the employer shall reduce the amount of labor or arrange other adaptable labor according to the certificate of the medical institution.
For women who have been pregnant for more than 7 months, the employer shall not extend the labor time or arrange the work in the night shift, and should arrange a certain rest time during the working hours.
Pregnant women workers carry out antenatal examination during labor hours, and the time required is labor time.
Seventh female workers and workers enjoy 98 days of maternity leave, of which the antenatal period can take 15 days of vacation; it is difficult to produce, increase maternity leave for 15 days; the birth of multiple births, each more birth 1 babies, and the increase of 15 days of maternity leave.
If the female workers are pregnant for 4 months, they will have 15 days' maternity leave; if they are pregnant for 4 months, they will enjoy 42 days' maternity leave.
The eighth female workers' maternity allowance during the maternity leave is paid by the birth insurance fund according to the standard of the employer's monthly average salary for the employees of the year, and the employer is paid by the employer in accordance with the standard of the female workers' salary before maternity leave.
The medical expenses of female workers' birth or abortion are paid by the birth insurance fund in accordance with the items and standards stipulated in the birth insurance, and the insurance funds have already participated in the birth insurance; the employer is paid by the employer.
Ninth female workers who have not breastfed under 1 years of age shall not extend their working hours or arrange night shift work.
The employer should arrange 1 hour lactation time for the female workers in the day of nursing during the daily labor time; the female workers have multiple births, and every 1 babies are feeding 1 hours a day.
The tenth female workers and workers should set up the facilities of female workers' health rooms, pregnant women's lounges and lactation rooms according to the needs of women workers, and properly solve the difficulties in the physical health and breast-feeding of women workers.
Eleventh, in the workplace, employers should prevent and stop sexual harassment against female workers.
The twelfth administrative departments of human resources and social security of the people's governments at or above the county level, and the supervision and management departments of the safety production, are responsible for supervising and checking the circumstances of the employer's compliance with the provisions of the provisions of their respective responsibilities.
Trade unions and women's organizations shall supervise the employing units' compliance with the provisions in accordance with the law.
Thirteenth in violation of the provisions of the provisions of the provisions of the provisions of the provisions of the provisions of the provisions of the provisions of the sixth second, seventh, Ninth first paragraph, the administrative department for human resources and social security of the people's government at or above the county level shall order the period to be corrected for a time limit and be fined in accordance with the standard of 1000 yuan and more than 5000 yuan per person per person who has been violated.
If the employer violates the provisions of Article 1 and second of the appendix to the provisions of the provisions, the Department for safety supervision and administration of the people's government at or above the county level shall order the period to be corrected within a period of time and be fined in accordance with the standards of 1000 yuan or more than 5000 yuan per person per person who has been violated. If the employer violates the provisions of the appendix third or fourth of the provisions of the present Provisions, the administrative department for safety supervision and administration of the people's government at or above the county level shall order a limited period of control and a fine of less than 50 thousand yuan and more than 300 thousand yuan. If the circumstances are serious, it shall be ordered to stop the related operation, or to request the relevant people's government to order it to be ordered to be closed in accordance with the authority prescribed by the State Council. Close.
The fourteenth employer violates the provisions and infringes the legitimate rights and interests of female workers and workers, the female workers may complain, report and appeal according to law, and apply for mediation and arbitration to the mediation and arbitration institutions of the labor and personnel disputes. If the arbitration award is not satisfied, the lawsuit shall be brought to the people's court in accordance with the law.
The fifteenth employer violates the provisions, infringes the legitimate rights and interests of women workers and causes damage to women workers and workers, and gives compensation according to law; the employer and its directly responsible personnel and other directly responsible personnel constitute a crime, and shall be investigated for criminal responsibility according to law.
The sixteenth provisions shall come into force on the date of promulgation. The regulations on labor protection for women workers promulgated by the State Council in July 21, 1988 shall be abolished simultaneously.