The promulgation of this regulation will reduce and solve the special difficulties caused by the physiological characteristics of female employees at work from the institutional level, and protect the labor safety and health of female employees.
First of all, the employer shall perform a number of labor protection obligations.
It is clearly stipulated that the obligations that the employer should perform in the labor protection of female employees include: the employer should establish and improve the labor protection system for female employees, take measures to improve the working environment and working conditions of female employees, train female employees in labor safety, occupational health and mental health knowledge, inform female employees in writing of the positions they are forbidden to engage in, and prevent and stop sexual harassment of female employees in the workplace.
The employing unit shall not stipulate in the labor contract or employment contract that female employees restrict their lawful rights and interests such as marriage and childbirth. The employing unit shall not reduce the wages of female employees, dismiss female employees or terminate their labor contracts or employment contracts because of their marriage, pregnancy, childbirth and breastfeeding.
Two, female workers in pregnancy, menopause and other special periods should be protected by labor.
1. The employing unit shall provide the following labor protection for female workers in menstrual period: it shall not arrange any work that is forbidden during menstrual period; Those who have been engaged in standing labor for more than four hours continuously shall be arranged with appropriate rest time upon their own application; If the medical institution proves that he has severe dysmenorrhea and can't work normally, he will be given a rest for one or two days.
2. The employing unit shall give the following labor protection to the female employees during pregnancy: it shall not arrange the labor that is taboo during pregnancy; Prenatal examination during working hours, and the required time is included in working hours; Can not adapt to the original job, according to the proof of medical institutions, reduce the amount of labor or arrange other adaptable labor; If it is diagnosed by a medical institution and needs rest, it is allowed to rest; If you are pregnant for more than seven months, you may not extend working hours or arrange night work, and you should arrange a certain rest time during working hours; If there is a labor quota, reduce the corresponding amount of labor; Female workers engaged in standing work should set up rest seats in the workplace.
3. In addition to the 98-day maternity leave prescribed by the state, the maternity leave for female workers of childbearing age who have given birth in accordance with laws and regulations is extended by 60 days, including prenatal leave 15 days; In case of dystocia, maternity leave will be increased by fifteen days; In case of multiple births, the maternity leave will be increased by 15 days for each additional baby. Female employees who have miscarried within four months of pregnancy are entitled to 15 days maternity leave; If she miscarries after four months of pregnancy, she will enjoy 42 days of maternity leave; If the pregnancy is terminated for more than seven months, in addition to the 42-day maternity leave, you can also enjoy an extended holiday of up to 56 days after consultation with the employer.
4. The employing unit shall provide the following labor protection for female employees during lactation: it is not allowed to arrange labor that is taboo during lactation; Breastfeeding a baby under one year old shall not extend working hours or arrange night work; Arrange 1 hour breastfeeding time for lactating female employees during daily working hours. In the case of multiple births, the breastfeeding time is increased by one hour every day for each additional baby. Breastfeeding time can be used once, divided into several times or converted into a certain number of days; Upon the expiration of maternity leave, upon my own application and the approval of the employer, I can take leave during lactation until the baby reaches one year old, and the treatment during the leave period shall be determined by both parties through consultation; After the baby is one year old and diagnosed as weak by medical institutions, the lactation period of female employees may be appropriately extended, but the longest period shall not exceed six months.
5. If female employees are diagnosed as severe menopausal syndrome by medical institutions and can't work normally, their workload may be appropriately reduced, or they may be adjusted to suitable posts through consultation between both parties. The employing unit shall arrange at least one gynecological examination for female employees every year, and the examination time shall be included in the labor time, and the examination expenses shall be borne by the employing unit. For female employees who are engaged in occupational hazards, the employer shall organize them to carry out occupational health examinations before taking up their posts, during their posts and when leaving their posts, and the examination expenses shall be borne by the employer.
Three, the standard of payment of health care fees for female employees is 30 yuan per month.
The original implementation standard of health care expenses for female employees in our province is the monthly health care expenses or corresponding health care products given by the unit to each female employee from 4 yuan to 6 yuan, which has been implemented for 26 years since May 1989. In 20 15, with the approval of the provincial government, the Provincial People's Social Welfare Department, the Provincial Federation of Trade Unions and the Provincial Department of Finance issued the Notice on Increasing the Health Care Fee for Female Employees, which adjusted the standard of health care fee for female employees from 20 15438+0 1 to 30 yuan per person per month or corresponding sanitary products, but some cities and counties have not yet implemented it as required by the notice. In order to safeguard the legitimate rights and interests of female employees, the regulations require employers to pay 30 yuan health care fees or corresponding health care products to female employees on the job every month. The provincial people's government shall adjust the payment standard according to the social and economic development, rising prices and the improvement of employees' wages.
Legal basis:
Special Provisions on Labor Protection of Female Workers in Hebei Province
Article 4 An employing unit shall perform the following obligations:
(a) to establish and improve the labor protection system for female employees;
(two) take measures to improve the working environment and working conditions of female employees;
(3) Training female workers in knowledge of labor safety, occupational health and mental health;
(4) Informing female employees in writing of the positions in the unit that are within the scope of labor prohibited for female employees;
(five) to prevent and stop sexual harassment of female workers in the workplace.
Article 5 An employing unit shall not stipulate in the labor contract or employment contract that the lawful rights and interests of female employees such as marriage and childbirth shall be restricted.
Article 5 An employing unit shall not reduce the wages of female employees, dismiss female employees or terminate their labor contracts or employment contracts because of their marriage, pregnancy, childbirth and breastfeeding. Unless the female employee requests to terminate the labor contract or employment contract.
Article 7 The employing unit shall provide the following labor protection to female workers in menstrual period:
(a) do not arrange the work of menstrual taboo;
(two) to engage in standing labor for more than four hours, and arrange appropriate rest time for him upon his application;
(3) If a medical institution proves that he suffers from severe dysmenorrhea and cannot work normally, he shall be given a rest for one to two days.
The employing unit shall pay the 30 yuan health care fee or corresponding sanitary articles to the female employees on the job every month. The provincial people's government shall adjust the payment standard according to the social and economic development, rising prices and the improvement of employees' wages.
Article 8 The employing unit shall provide the following labor protection to female employees during pregnancy:
(a) do not arrange labor taboo during pregnancy;
(two) prenatal examination during working hours, and the time required is included in working hours;
(three) can not adapt to the original work, according to the proof of medical institutions, reduce the amount of labor or arrange other suitable work;
(four) due to the diagnosis of medical institutions need to rest, to be allowed to rest;
(five) pregnant for more than seven months, do not extend working hours or arrange night work, and arrange a certain rest time during working hours; If there is a labor quota, reduce the corresponding amount of labor; Female workers engaged in standing work should set up rest seats in the workplace.
Female workers who have had spontaneous abortion for more than two times and have no children should be temporarily transferred from their jobs that may lead to abortion upon their own application.