Notice on Public Solicitation of Opinions on the Special Provisions on Labor Protection of Female Workers in Anhui Province (Draft for Comment)
In order to fully solicit opinions and suggestions from all sectors of society and improve the quality of legislation, the "Special Provisions on Labor Protection of Female Workers in Anhui Province (Draft for Comment)" (hereinafter referred to as the "Draft for Comment") is now published in full. The consultation period is from June 12 to July 12. Comments can be made in the following ways:
Log on to China Anhui Net first, click on the column of "Collection of Legislative Opinions of the Legislative Affairs Office of the Provincial Government" at the bottom of the homepage of the website, and put forward opinions on the draft for comment.
Two, log on to the website of the Legislative Affairs Office of the People's Government of Anhui Province, click on the right side of the homepage of the website "Legislative Opinions Collection" column, and put forward opinions on the "Draft for Comment".
3. Send the consultation letter to the Administrative Legal Department of the Legislative Affairs Office of the provincial government at No.221,Changjiang Road, Hefei City (postal code: 23000 1), and please indicate the words "Special Provisions on Labor Protection of Female Workers in Anhui Province" on the envelope.
Four. E-mail the comments to :wanghuichris@hotmail.com.
Legislative Affairs Office of Anhui Provincial People's Government
June 12
The key question of the review:
1. Equal employment rights of female workers. Female employees are still vulnerable groups in employment, and violations of female employees' labor rights and interests occur from time to time. Articles 4, 5 and 8 of the exposure draft stipulate that the employer shall not refuse to hire female employees or improve their working conditions except for jobs or posts that are not suitable for women as stipulated by the state. The employing unit shall not restrict or restrict the marriage and childbirth of female employees in disguised form. The employing unit shall not reduce the wages and benefits of female employees, dismiss female employees, unilaterally terminate the labor contract or restrict the promotion, promotion and evaluation of professional and technical positions of female employees on the grounds of marriage, pregnancy, maternity leave and breastfeeding.
The second is the special collective contract for the protection of women workers' rights and interests. The "Draft for Comment" stipulates that the collective contract concluded between the trade union and the employer and the special collective contract for the protection of the rights and interests of female employees should clearly stipulate the contents of special labor protection for female employees. If female employees account for more than 10% of the total number of employees in the unit, female employee representatives shall participate in the negotiation of collective contracts and special collective contracts for the protection of women employees' rights and interests. The employing unit shall inform the female employees in the labor contract or in other written forms of the labor scope prohibited by the state; The possible occupational hazards of post work to female employees; Occupational protection measures that female workers should take; Give special treatment to jobs that may cause occupational hazards.
Three. Labor protection of female workers during pregnancy. The "Draft for Comment" made a detailed breakdown of the treatment of female employees during pregnancy. Articles 9 and 10 stipulate that the employer shall not arrange for pregnant female employees to engage in labor prohibited by the state during pregnancy. The time for prenatal examination in accordance with the regulations during working hours is included in working hours; If the workload quota is implemented, the workload will be reduced accordingly. According to the medical institution that it is not suitable to engage in the original post, adjust the appropriate post for it. Early pregnancy and pregnancy for more than 7 months shall not be arranged to extend working hours and engage in night work. Early pregnancy and pregnancy for more than 7 months, rest every day during working hours 1 hour; If the workload quota is implemented, the workload will be reduced accordingly. If a female worker has a history of threatened abortion or habitual abortion, the employing unit shall arrange abortion rest according to the certificate of the medical institution and my application. If the rest time for abortion needs more than 3 months, during the rest period, the employer shall pay no less than 80% of my original salary and no less than the local minimum wage.
Fourth, the labor protection of female workers during childbirth. Article 11 of the exposure draft makes specific provisions on maternity leave for female employees, while Article 13 stipulates that female employees who take maternity leave or family planning operation leave shall enjoy maternity insurance benefits in accordance with relevant national and provincial regulations. If the unemployed are hospitalized during the period of receiving unemployment insurance benefits, the unemployment insurance agency shall pay the maternity allowance in one lump sum from the unemployment insurance fund. The standard of maternity allowance is: 70% of the total unemployment insurance money in the month when four children are born.
Verb (abbreviation of verb) Labor protection of female employees during lactation. Articles 15 and 16 of the exposure draft stipulate that if a female employee is breastfeeding a baby under 1 one year old, the employer shall arrange 1 hour breastfeeding time for her daily working hours; In case of multiple births, the breastfeeding time will be increased by 1 hour every day for each additional baby. Breastfeeding time can be used once or separately. Breastfeeding time and the time on the way back and forth in this unit for breastfeeding are counted as labor time. If the workload quota is implemented, the workload will be reduced accordingly. The employing unit shall provide pregnant women workers with a lounge for pregnant women and a nursing room for breast-feeding babies.
Six, female workers menstrual labor protection. Article 17 of the exposure draft stipulates that female employees who cannot go to work normally due to menorrhagia or dysmenorrhea may apply to the employer for sick leave of 1 to 2 days. The employing unit shall make arrangements. Female employees applying for sick leave shall submit relevant certificates of medical institutions to the employer. The employing unit shall pay special labor protection and health expenses to female employees according to the monthly standard of not less than that of 30 yuan.
Seven, female workers menopause labor protection. Through investigation, we know that female menopause is accompanied by dizziness, insomnia, emotional instability and other symptoms, which directly affects women's normal work and life. Article 18 of the exposure draft stipulates that if a female worker can't adapt to her original job due to menopausal syndrome, the employer shall adjust her suitable job or appropriately reduce her workload upon her own application, and provide proof of the medical institution designated by the employer.
Eight, the main body of supervision of the "Draft for Comment". In order to ensure the smooth implementation of the exposure draft, the subject of supervision of behaviors that harm the legitimate rights and interests of female employees has been further clarified. Article 21 of the exposure draft stipulates that if an employer violates these provisions and infringes on the legitimate rights and interests of female employees, female employees can complain and report to the local people's government on human resources and social security, supervision and management of production safety, health and family planning, trade unions and women's organizations. Departments and organizations that receive reports and complaints shall promptly investigate and handle them according to law, or transfer them to the competent authorities for investigation and handling. The results of the investigation and handling shall inform the female employees who report complaints.
Special Provisions on Labor Protection of Female Workers in Anhui Province (Draft for Comment)
Article 1 In order to reduce and solve the special difficulties caused by the physiological characteristics of female employees, and protect the health of female employees, these Provisions are formulated in accordance with the State Council's "Special Provisions on Labor Protection for Female Employees" and other laws and regulations, combined with the actual situation of this province.
Article 2 These Provisions shall apply to state organs, enterprises, institutions, social organizations, individual economic organizations, private non-enterprise units and other social organizations and their female employees within the administrative area of this province.
Article 3 The employing unit shall, in combination with the physiological characteristics and work characteristics of female employees, improve the labor safety and health conditions of female employees, train female employees in labor safety and health knowledge, and determine special institutions or personnel to be responsible for the labor protection of female employees.
Article 4 Except for jobs or posts that are not suitable for women as stipulated by the state, the employing unit shall not refuse to employ female employees or improve the conditions for employing female employees.
Article 5 The employing unit shall not restrict or restrict the marriage and childbirth of female employees in disguised form.
Article 6 The employing unit shall inform female employees of the following matters in the labor contract or in other written forms:
(a) the scope of work prohibited by the state for female employees;
(2) The occupational hazards that the work in this position may cause to female employees;
(3) Occupational protection measures that female workers should take;
(4) Special treatment shall be given to posts that may cause occupational hazards.
Article 7 The collective contract signed between the trade union and the employing unit and the special collective contract for the protection of women workers' rights and interests shall specify the contents of special labor protection for women workers.
If female employees account for more than 10% of the total number of employees in the unit, female employee representatives shall participate in the negotiation of collective contracts and special collective contracts for the protection of women employees' rights and interests.
Article 8 An employing unit shall not reduce the wages and welfare benefits of female employees, dismiss female employees, unilaterally terminate the labor contract, or restrict the promotion, promotion and evaluation of professional and technical positions of female employees on the grounds of marriage, pregnancy, maternity leave and breastfeeding.
Article 9 The employing unit shall give the following special labor protection to pregnant female employees:
(a) shall not be arranged to engage in labor prohibited by the state during pregnancy.
(two) the time for prenatal examination in accordance with the regulations during working hours is included in working hours; If the workload quota is implemented, the workload will be reduced accordingly.
(three) according to the medical institution that it is not suitable for the original post, adjust the appropriate post for it.
(four) early pregnancy and pregnancy for more than 7 months, shall not extend their working hours and engage in night work.
(five) early pregnancy and pregnancy for more than 7 months, rest every day during working hours 1 hour; If the workload quota is implemented, the workload will be reduced accordingly.
Article 10 If a female employee has a history of threatened abortion or habitual abortion, the employing unit shall arrange a rest for miscarriage prevention according to the certificate of the medical institution and her application. If the rest time for abortion needs more than 3 months, during the rest period, the employer shall pay no less than 80% of my original salary and no less than the local minimum wage.
Eleventh maternity female workers enjoy the following special labor protection:
(a) normal delivery, maternity leave is 98 days, of which prenatal leave can be 15 days.
(two) the implementation of cesarean section delivery, maternity leave increased 15 days.
(3) In case of multiple births, the maternity leave will be increased by 15 days for every additional 0+65438 babies.
(4) For primiparas who give birth late, maternity leave will be increased by 30 days. During maternity leave, those who receive the honor certificate of the only child's parents will be given another 30 days of maternity leave, and the man will enjoy 10 days of nursing leave; If the husband and wife live in different places, the man asks for nursing leave for 20 days.
Maternity leave 15 days for female employees who have miscarried less than 4 months after pregnancy; If the pregnancy is more than 3 months but less than 7 months, the maternity leave is 42 days; Pregnant for more than 7 months, take maternity leave for 98 days.
Twelfth female workers who perform family planning operations enjoy the following special labor protection:
(a) the placement of intrauterine devices, vacation for 2 days. No heavy physical labor will be arranged within 1 week after operation.
(2) Take the IUD for leave 1 day.
(three) the implementation of tubal sterilization, vacation 2 1 day.
(four) the placement of subcutaneous implants, leave for 5 days.
(5) Take out the subcutaneous implant and leave it for 3 days.
(six) after placing intrauterine devices or subcutaneous implants, menstrual disorders need diagnostic curettage, and leave for 5 days.
(7) Fallopian tube recanalization, rest for 65438 04 days.
Thirteenth female workers on maternity leave and family planning operation leave shall enjoy maternity insurance benefits in accordance with the relevant provisions of the state and province.
If the unemployed are hospitalized during the period of receiving unemployment insurance benefits, the unemployment insurance agency shall pay the maternity allowance in one lump sum from the unemployment insurance fund. The standard of maternity allowance is: 70% of the total unemployment insurance money in the month when four children are born.
Article 14 If a female employee goes to work after the maternity leave expires, the employer shall give her 1 to 2 weeks to adapt.
Fifteenth female employees breast-feeding infants under 1 one year old, the employer shall arrange 1 hour breast-feeding time for them during daily working hours; In case of multiple births, the breastfeeding time will be increased by 1 hour every day for each additional baby.
Breastfeeding time can be used once or separately. Breastfeeding time and the time on the way back and forth in this unit for breastfeeding are counted as labor time. If the workload quota is implemented, the workload will be reduced accordingly.
Article 16 The employing unit shall provide pregnant women workers with a lounge for pregnant women and a nursing room for female workers.
Article 17 If a female employee cannot go to work normally due to menorrhagia or dysmenorrhea, she may apply to the employer for 1 to 2 days sick leave. The employing unit shall make arrangements. Female employees applying for sick leave shall submit relevant certificates of medical institutions to the employer.
The employing unit shall pay special labor protection and health expenses to female employees according to the monthly standard of not less than that of 30 yuan.
Article 18 If a female worker can't adapt to her original post due to climacteric syndrome, the employer shall adjust her suitable post or reduce her workload appropriately upon her own application, and provide the certificate of the medical institution designated by the employer.
Article 19 The employing unit shall organize female employees to undergo occupational health examination before, during and after taking up their posts, and inform the female employees of the examination results; Every 1 to 2 years, arrange a gynecological examination for female employees. Inspection time is regarded as labor time, and inspection expenses shall be borne by the employer.
Twentieth people's governments at or above the county level shall strengthen the leadership of the special labor protection work for female workers.
The human resources and social security departments, production safety supervision and management departments and health and family planning departments of the local people's governments at or above the county level shall, in accordance with the provisions of laws and regulations, supervise and inspect the compliance of the employing units with these provisions.
Trade unions and women's organizations shall supervise the employers' compliance with these provisions according to law.
Article 21 If an employer violates these regulations and infringes on the legitimate rights and interests of female employees, female employees may complain and report to the local people's government on human resources and social security, supervision and management of production safety, health and family planning, trade unions and women's organizations. Departments and organizations that receive reports and complaints shall promptly investigate and handle them according to law, or transfer them to the competent authorities for investigation and handling. The results of the investigation and handling shall inform the female employees who report complaints.
Article 22 These Provisions shall come into force as of the date of promulgation. The Measures for the Implementation of Labor Protection for Female Workers in Anhui Province (OrderNo. 190) shall be abolished at the same time.