Article 2 These Provisions shall apply to state organs, enterprises, institutions, social organizations, individual economic organizations and other social organizations and their female employees in People's Republic of China (PRC).
Article 3 The employing unit 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 in labor safety and health knowledge.
Article 4 The employing unit shall abide by the provisions on the scope of labor prohibited for female employees. The employing unit shall inform the female employees in writing of the positions in the unit that belong to the scope of labor prohibited for female employees. The scope of labor prohibited for female employees is listed in the annex to these Provisions. The safety production supervision and management department of the State Council shall, jointly with the administrative department of human resources and social security of the State Council and the administrative department of health of the State Council, adjust the scope of labor that female workers are not allowed to engage in according to the economic and social development.
Article 5 An employing unit shall not reduce the salary, dismiss or terminate the labor or employment contract of a female employee because of her pregnancy, childbirth and breastfeeding.
Article 6 If a female employee can't adapt to the original work during pregnancy, the employer shall reduce her workload or arrange other adaptive work according to the certificate of the medical institution. For female employees who have been pregnant for more than 7 months, the employer shall not extend working hours or arrange night work, and shall arrange certain rest time during working hours. Pregnant female workers have prenatal examination during working hours, and the time required is included in working hours.
Article 7 Female employees shall enjoy 98 days of maternity leave, including 15 days before delivery; In case of dystocia, maternity leave shall be increased 15 days; For multiple births, the maternity leave will be increased by 1 5 days for each additional child. Female employees who miscarry less than 4 months after pregnancy are entitled to 15 days maternity leave; Abortion after 4 months of pregnancy is 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 standard of the average monthly salary of employees of the employing unit in the previous year; Those who have not participated in maternity insurance shall be paid by the employer according to the wage standard of female employees before maternity leave. Medical expenses incurred by female workers in childbirth or abortion shall be paid by maternity insurance fund according to the items and standards stipulated in maternity insurance. Did not participate in maternity insurance, paid by the employer.
Article 9 The employing unit shall not extend working hours or arrange night shift work for female employees who are breast-feeding infants under 1 one year old. The employer shall arrange 1 hour breastfeeding time for lactating female employees during daily working hours; If a female worker gives birth to multiple births, the breastfeeding time will increase by 1 hour every day for each additional birth 1 baby.
Article 10 An employing unit with a large number of female employees shall, according to the needs of female employees, set up facilities such as female employees' health rooms, pregnant women's lounges and nursing rooms. Properly solve the difficulties of female workers in physical hygiene and breastfeeding.
Eleventh in the workplace, the employer shall prevent and stop sexual harassment of female employees.
Twelfth people's governments at or above the county level human resources and social security administrative departments, production safety supervision and management departments in accordance with their respective responsibilities, responsible for the supervision and inspection of the employer's compliance with these provisions. Trade unions and women's organizations shall supervise the employers' compliance with these provisions according to law.
Article 13 Where an employing unit violates the provisions of the second paragraph of Article 6, the first paragraph of Article 7 and the first paragraph of Article 9, the administrative department of human resources and social security of the people's government at or above the county level shall order it to make corrections within a time limit, and impose a fine according to the standard of 1000 yuan to 5000 yuan per female employee. Where an employing unit violates the provisions of Articles 1 and 2 of the Appendix to these Provisions, the safety production supervision and management department of the people's government at or above the county level shall order it to make corrections within a time limit, and calculate it according to the standard of more than 65,438 yuan and less than 0.000 yuan per female employee who has been infringed, and impose a fine. Where the employing unit violates the provisions of Articles 3 and 4 of the Appendix to these Provisions, the safety production supervision and management department of the people's government at or above the county level shall order it to make rectification within a time limit and impose a fine ranging from 50,000 yuan to 300,000 yuan; If the circumstances are serious, it shall be ordered to stop relevant business activities, or it shall be submitted to the relevant people's government for closure in accordance with the authority prescribed by the State Council.
Article 14 If an employing unit violates these provisions and infringes upon the legitimate rights and interests of female employees, female employees may complain, report and appeal according to law, apply to the labor and personnel dispute mediation and arbitration institution for mediation and arbitration according to law, and if they are dissatisfied with the arbitration award, they may bring a lawsuit to the people's court according to law.
Fifteenth employers in violation of the provisions, against the legitimate rights and interests of female employees, resulting in damage to female employees, compensation according to law; If the employing unit and its directly responsible personnel in charge and other directly responsible personnel constitute a crime, criminal responsibility shall be investigated according to law.
Article 16 These Provisions shall come into force as of the date of promulgation. On July 2 1 day, the State Council issued the Provisions on Labor Protection of Female Workers, which shall be abolished at the same time. Article 1 These Measures are formulated in accordance with the provisions of relevant laws and regulations in order to safeguard the legitimate rights and interests of female employees in enterprises, ensure that female employees get necessary economic compensation and medical care during their maternity period, and balance the burden of maternity insurance in enterprises.
Article 2 These Measures shall apply to urban enterprises and their employees.
Article 3 Maternity insurance shall be organized and implemented according to the principle of territoriality. Maternity insurance costs are co-ordinated by the society.
Article 4 Maternity insurance shall raise funds according to the principle of "fixed income by expenditure and basically balanced income and expenditure". Enterprises shall pay maternity insurance premiums to social insurance agencies according to a certain proportion of their total wages and establish maternity insurance funds. The extraction ratio of maternity insurance premium is determined by the local people's government according to the number of family planning, maternity allowance, maternity medical expenses and other expenses, and can be adjusted in time according to the expenses, but the maximum shall not exceed 1% of the total wages. Maternity insurance premiums paid by enterprises are included in the management expenses of enterprises as the period expenses. Self-employed workers do not pay maternity insurance premiums.
Article 5 Female employees shall enjoy maternity leave in accordance with the provisions of laws and regulations. Maternity allowance during maternity leave is calculated and paid by the maternity insurance fund according to the average monthly salary of employees in the previous year.
Article 6 The maternity check-up fee, delivery fee, operation fee, hospitalization fee and medicine fee of female employees shall be paid by the maternity insurance fund. The medical service fee and medicine fee (including self-funded medicine and nutritional medicine) exceeding the prescribed amount shall be borne by the employees themselves. After the female workers are discharged from the hospital, the medical expenses for diseases caused by childbirth shall be paid by the maternity insurance fund; The medical expenses of other diseases shall be handled in accordance with the provisions of medical insurance benefits. After the expiration of maternity leave, if a female employee needs rest and treatment due to illness, it shall be handled in accordance with the relevant provisions on sick leave and medical insurance benefits.
Article 7 After giving birth or having an abortion, a female worker shall go through the formalities at the local social insurance agency with the family planning certificate issued by the local family planning department and the certificate of birth, death or abortion of the baby, receive the maternity allowance and reimburse the maternity medical expenses.
Article 8 The social insurance agency affiliated to the labor department is responsible for raising, paying and managing the maternity insurance fund. The maternity insurance fund shall be deposited in the special account of the maternity insurance fund opened by the social insurance agency in the bank. Banks should bear interest at the interest rate of individual savings deposits of urban and rural residents in the same period, and the interest earned will be transferred to the maternity insurance fund.
Ninth social insurance agencies can withdraw management fees from the maternity insurance fund, which can be used for personnel expenses, office expenses and other business expenses required for handling maternity insurance. Management fee standards, according to the staffing situation of local social insurance institutions, are proposed by the labor department, audited by the financial department and reported to the local people's government for approval. The extraction ratio of management fees shall not exceed 2% of the maternity insurance fund. Maternity insurance funds and management fees are not taxed or charged.
Tenth maternity insurance fund raising and use, the implementation of financial budget and final accounts system, the annual report to the social insurance agencies, and accept the financial and auditing supervision at the same level.
Eleventh city (county) social insurance supervision institutions regularly supervise the management of maternity insurance funds.
Twelfth enterprises must pay maternity insurance premiums on schedule. If the payment is not made within the time limit, a late payment fee of 2/1000 will be charged daily. Late fees are transferred to maternity insurance fund. Late fees are included in non-operating expenses and adjusted when paying taxes.
Article 13 Where an enterprise falsely reports or impersonates maternity allowance or maternity medical expenses, the social insurance agency shall recover all the falsely reported or impersonated amount, and the labor administrative department shall punish it. If an enterprise defaults or refuses to pay maternity allowance and maternity medical expenses, the labor administrative department shall order the enterprise to pay within a time limit; If damage is caused to employees, the enterprise shall be liable for compensation.
Article 14 If the staff of the labor administrative department or social insurance agency abuses their powers, neglects their duties, engages in malpractices for selfish ends, embezzles or misappropriates maternity insurance funds, which constitutes a crime, they shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions.
Article 15 The labor administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with the provisions of these Measures and in light of the actual conditions in their respective regions, formulate measures for their implementation.
Article 16 These Measures shall be implemented as of 1995 65438+ 10/day.