The "Special Provisions on Labor Protection for Female Employees" was adopted at the 200th executive meeting of the State Council on April 18, 2012. It is hereby promulgated and shall come into force on the date of promulgation.

　　General Manager 　Wen Jiabao

　　 April 28, 2012

　　Special regulations on labor protection for female employees

　　 Article 1 In order to reduce and solve the special difficulties caused by the physiological characteristics of female employees in labor, and to protect the health of female employees, these regulations are formulated.

　　 Article 2 These Regulations apply to employers and their female employees in state organs, enterprises, institutions, social organizations, individual economic organizations, and other social organizations within the territory of 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 hygiene conditions of female employees, and provide training on labor safety and hygiene knowledge for female employees.

　　 Article 4 Employers shall abide by the regulations on the scope of work that female employees are prohibited from engaging in. The employer shall notify the female employees in writing of the positions within the scope of work that are taboo for female employees.

　　 The scope of work prohibited by female employees is listed in the appendix to these regulations. The work safety supervision and management department of the State Council, in conjunction with the human resources and social security administrative department of the State Council, and the health administrative department of the State Council, adjust the scope of work that female employees are taboo to engage in according to economic and social development.

　　 Article 5 Employers shall not lower their wages, dismiss them, terminate their labor or employment contracts with female employees due to pregnancy, childbirth, or breastfeeding.

　　 Article 6 If a female employee cannot adapt to the original labor during pregnancy, the employer shall, based on the certification of the medical institution, reduce the amount of labor or arrange other suitable labor.

　　 For female employees who are pregnant for more than 7 months, the employer shall not extend the working hours or arrange night shifts, and shall arrange certain rest periods during working hours.

　　 Pregnant female workers undergo prenatal checkups during working hours, and the time required is included in working hours.

　　 Article 7 Female employees are entitled to 98 days of maternity leave during childbirth, including 15 days of prenatal leave; for dystocia, an additional 15 days of maternity leave; for multiple births, an additional 15 days of maternity leave for every additional baby born.

　　 Female employees who have a miscarriage within 4 months of pregnancy are entitled to 15 days of maternity leave; those who have a miscarriage within 4 months of pregnancy are entitled to 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 average monthly salary of the employer in the previous year for those who have participated in maternity insurance; for those who have not participated in maternity insurance, it shall be paid according to the standard of the wages of female employees before maternity leave. It is 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 by the maternity insurance; for those who have not participated in the maternity insurance, the employer shall pay.

　　 Article 9 For female employees who breastfeed a baby under one year old, the employer shall not extend the working hours or arrange night shifts.

　　 Employers should arrange one hour of breastfeeding time for breastfeeding female employees during the daily working hours; for female workers who have multiple births, one additional hour of breastfeeding time per day for every additional breastfed baby.

　　 Article 10 Employers with a large number of female workers shall, according to the needs of female workers, establish facilities such as female workers’ clinics, pregnant women’s rest rooms, and breastfeeding rooms to properly resolve female workers’ difficulties in physical hygiene and breastfeeding.

　　 Article 11 In the workplace, the employer shall prevent and stop sexual harassment of female employees.

　　Article 12 The human resources and social security administrative departments and work safety supervision and management departments of the people's governments at or above the county level shall be responsible for supervising and inspecting employers’ compliance with these regulations in accordance with their respective duties.

　　Trade unions and women’s organizations shall supervise employers’ compliance with these regulations in accordance with the law.

Article 13 If an employer violates the provisions of Article 6, paragraph 2, Article 7, and Article 9, paragraph 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 corrections within a time limit. A fine of 1,000 yuan or more and less than 5,000 yuan per person shall be imposed.

If the employer violates the provisions of Articles 1 and 2 of the appendix to these regulations, the safety production supervision and management department of the people’s government at or above the county level shall order corrections within a time limit, and be fined according to the standard of 1,000 yuan to 5,000 yuan per person for the victimized female employee. . If the employer violates the provisions of Articles 3 and 4 of the appendix to these regulations, the safety production supervision and administration department of the people’s government at or above the county level shall order it to take measures within a time limit and impose a fine of 50,000 yuan up to 300,000 yuan; if the circumstances are serious, it shall be ordered to stop the relevant Work, or request the relevant people’s government to order the shutdown in accordance with the authority prescribed by the State Council.

Article 14 Where an employer violates these regulations and infringes on the lawful rights and interests of female employees, the female employees may complain, report, and appeal in accordance with the law, and apply to the labor dispute mediation and arbitration agency for mediation and arbitration. If they disagree with the arbitration award, they shall file a complaint with the people’s court in accordance with the law. litigation.

　　Article 15 Where an employer violates these regulations by infringing on the lawful rights and interests of female employees and causing damage to female employees, it shall be compensated in accordance with law; if the employer and its directly responsible persons in charge and other directly responsible persons constitute a crime, they shall be investigated for criminal responsibility in accordance with the law.

　　 Article 16 These regulations shall come into force on the date of promulgation. The "Regulations on Labor Protection of Female Employees" promulgated by the State Council on July 21, 1988 shall be repealed at the same time.

　　Appendix:

　　 Scope of work prohibited by female workers

　　 1. The scope of work that female workers are taboo to do:

　　 (1) Underground mine operations;

　　 (2) The fourth-level physical labor intensity tasks specified in the physical labor intensity classification standards;

　　(3) Operations that load more than 6 times per hour and each load exceeds 20 kg, or intermittently load operations that exceed 25 kg each time.

　　 2. Scope of work prohibited by female employees during menstruation:

　　 (1) The second, third and fourth levels of cold water operations specified in the classification standards for cold water operations;

　　 (2) The second, third, and fourth-level low-temperature operations specified in the low-temperature operation classification standards;

　　 (3) The third and fourth levels of physical labor intensity specified in the manual labor intensity classification standards;

　　 (4) The third and fourth levels of high-altitude operations specified in the classification standards for high-altitude operations.

　　3. The scope of work that female employees are not allowed to engage 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) Production of anti-cancer drugs, diethylstilbestrol, exposure to anesthetic gas, etc.;

　　(3) Operation of non-sealed source radioactive materials, emergency response to nuclear accidents and radiological accidents;

　　 (4) High-altitude operations specified in the classification standards for high-altitude operations;

　　 (5) Cold water operations specified in the classification standards for cold water operations;

　　(6) Low-temperature operation specified in the low-temperature operation classification standard;

　　(7) The third-level and fourth-level operations specified in the classification standards for high-temperature operations;

　　 (8) Level 3 and Level 4 operations specified in the noise operation classification standards;

　　(9) The third and fourth levels of physical labor intensity specified in the manual labor intensity classification standards;

　　(10) Working in confined spaces, high-pressure chambers, or diving operations, operations that are accompanied by strong vibration, or operations that require frequent bending, climbing, and squatting.

　　4. The scope of work that female employees are not allowed to engage in during the breastfeeding period:

　　 (1) The first, third, and ninth items of the scope of work that are taboo during pregnancy;

　　 (2) Operations where the concentration of toxic substances such as manganese, fluorine, bromine, methanol, organophosphorus compounds, and organochlorine compounds in the air of the workplace exceeds the national occupational health standards.