How many labor protection provisions are there for female employees?
How many labor protection provisions are there for female employees? In the workplace, female employees are a relatively special group of people, and our country provides certain legal protection for female employees. Next, I will take you to learn more about the labor protection of female employees. How many labor protection provisions are there for female employees? 1
Article 1: In order to reduce and solve the special difficulties of female employees due to their physiological characteristics at work and protect the health of female employees, these regulations are formulated.
Article 2: These regulations shall apply to employers such as state agencies, enterprises, institutions, social groups, individual economic organizations and other social organizations within the territory of the People's Republic of China and their female employees.
Article 3: Employers shall strengthen the labor protection of female employees, take measures to improve the labor safety and health conditions of female employees, and provide labor safety and health knowledge training to 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 female employees in writing of the positions in the unit that are within the scope of labor that female employees are prohibited from engaging in.
The scope of work that female employees are prohibited from engaging in is listed in the appendix of these regulations. The production safety supervision and administration department of the State Council, together with the human resources and social security administrative department of the State Council and the health administrative department of the State Council, will adjust the scope of labor that female employees are prohibited from engaging in based on economic and social development.
Article 5: Employers shall not reduce wages, dismissal, or terminate labor or employment contracts of female employees due to pregnancy, childbirth, or breastfeeding.
Article 6: If a female employee cannot adapt to the original work during pregnancy, the employer shall reduce the workload or arrange other adaptable work based on the certificate from the medical institution.
For female employees who are pregnant for more than 7 months, the employer shall not extend working hours or arrange night shifts, and shall arrange a certain rest period during working hours.
If a pregnant female employee undergoes prenatal check-up during working hours, the time required shall be included in working time.
Article 7: Female employees are entitled to 98 days of maternity leave when giving birth, of which 15 days are allowed before childbirth; in the case of difficult labor, an additional 15 days of maternity leave will be provided; in the case of multiple births, the maternity leave will be increased for each additional baby. 15 days.
If a female employee has a miscarriage before the fourth month of pregnancy, she will enjoy 15 days of maternity leave; if she has a miscarriage after four months of pregnancy, she will enjoy 42 days of maternity leave.
Article 8: Maternity allowances for female employees during maternity leave, for those who have participated in maternity insurance, will be paid by the maternity insurance fund based on the employer’s average monthly salary of employees in the previous year; for those who have not participated in maternity insurance, the maternity allowance will be paid by the maternity insurance fund. The employer shall pay the female employee's salary before maternity leave.
The medical expenses for childbirth or miscarriage of female employees shall be paid by the maternity insurance fund in accordance with the items and standards stipulated in maternity insurance. For those who have participated in maternity insurance, they shall be paid by the maternity insurance fund; for those who have not participated in maternity insurance, they shall be paid by the employer.
Article 9: Employers shall not extend working hours or arrange night shifts for female employees who are breastfeeding infants under one year old.
The employer shall arrange 1 hour of breastfeeding time for lactating female employees during daily working hours; if a female employee gives birth to multiple babies, the breastfeeding time will be increased by 1 hour per day for each additional baby.
Article 10: Employers with a relatively large number of female employees shall, based on the needs of female employees, establish facilities such as female employee health rooms, pregnant women’s lounges, and lactation rooms to properly solve the problems of female employees in terms of physiological hygiene and breastfeeding. difficulties.
Article 11: In the workplace, employers shall prevent and suppress 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 are responsible for supervising and inspecting the employer's 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 paragraph 2 of Article 6, paragraph 7 of Article 7 and paragraph 1 of Article 9 of these Regulations, it shall be ordered to do so by the human resources and social security administrative department of the people's government at or above the county level. Corrections must be made within a time limit, and a fine shall be calculated based on the standard of not less than 1,000 yuan but not more than 5,000 yuan per female employee who has been violated.
If an employer violates the provisions of Articles 1 and 2 of the appendix to these Regulations, the work safety supervision and administration department of the people's government at or above the county level shall order it to make corrections within a time limit. The amount shall be 1,000 yuan or more and 5,000 yuan per female employee who has been violated. The following standards are calculated and fines are imposed. If an employer violates the provisions of Articles 3 and 4 of the Appendix to these Regulations, the work safety supervision and administration department of the people's government at or above the county level shall order rectification within a time limit and impose a fine of not less than RMB 50,000 but not more than RMB 300,000; if the circumstances are serious, it shall be ordered to stop the relevant operations, or request the relevant people's government to order closure in accordance with the authority specified by the State Council.
Article 14: If an employer violates these regulations and infringes upon the legitimate rights and interests of female employees, female employees may complain, report, or appeal in accordance with the law, and apply for mediation and arbitration to the labor and personnel dispute mediation and arbitration institution in accordance with the law. If you are dissatisfied, you may file a lawsuit with the People's Court in accordance with the law.
Article 15: If an employer violates these regulations, infringes upon the legitimate rights and interests of female employees, and causes damage to female employees, compensation shall be provided in accordance with the law; the employer and its directly responsible person in charge and other directly responsible persons constitute a crime , be held criminally responsible in accordance with the law.
Article 16: These regulations shall come into effect on the date of promulgation. The "Regulations on Labor Protection of Female Employees" promulgated by the State Council on July 21, 1988 were repealed at the same time.
Scope of work that female employees are prohibited from engaging in
1. Scope of work that female employees are prohibited from engaging in:
(1) Underground mining operations;
< p> (2) Operations with level 4 physical labor intensity specified in the physical labor intensity classification standards;(3) Operations that require more than 6 loads per hour and more than 20 kilograms each time, or operations that are intermittently Operations involving heavy loads and loads exceeding 25 kilograms at a time.
2. The scope of work that female workers are prohibited from engaging in during menstruation:
(1) Level 2, level 3, and level 4 cold water work specified in the cold water work classification standards;
(2) Level 2, Level 3, and Level 4 low-temperature operations specified in the grading standards for low-temperature operations;
(3) Level 2 low-temperature operations stipulated in the grading standards for physical labor intensity Level 3 and Level 4 operations with physical labor intensity;
(4) Level 3 and Level 4 high-altitude operations specified in the grading standards for high-altitude operations.
3. The scope of work that female workers are prohibited from engaging in during pregnancy:
(1) Lead and its compounds, mercury and its compounds, benzene, cadmium, beryllium, and arsenic in the air in the workplace , cyanide, nitrogen oxides, carbon monoxide, carbon disulfide, chlorine, caprolactam, chloroprene, vinyl chloride, ethylene oxide, aniline, formaldehyde and other toxic substances whose concentration exceeds the national occupational health standards;
(2) Engaged in the production of anti-cancer drugs and diethylstilbestrol, and operations exposed to anesthetic gases;
(3) Operations of unsealed source radioactive materials, emergency response to nuclear accidents and radiation 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 operations Low-temperature operations specified in the classification standards;
(7) Level 3 and 4 operations specified in the classification standards for high-temperature operations;
(8) Noise operation classification standards
(9) Operations with level 3 and 4 physical labor intensity specified in the physical labor intensity classification standards;
(10) Operations in confined spaces, high-pressure chambers or diving operations, operations with strong vibrations, or operations that require frequent bending, climbing, or squatting. < /p>
(2) Operations where the concentration of manganese, fluorine, bromine, methanol, organophosphorus compounds, organochlorine compounds and other toxic substances in the air in the workplace exceeds the national occupational health standards.
How many labor protection provisions are there for female employees 2
Employee labor protection management system
(1) Labor safety and health system
1. The employer must establish and improve the labor protection system Safety and health system, strictly implement national labor safety and health regulations and standards, educate workers on labor safety and health, prevent accidents during labor and reduce occupational hazards.
2. Implement the “Three Simultaneities” system in which labor safety and health facilities in new construction, reconstruction, and expansion projects are designed, constructed, and put into production and use at the same time as the main project.
3. Employers must build labor safety and sanitation facilities in accordance with national standards, and must provide workers with labor safety and sanitation conditions and necessary labor protection supplies that comply with national regulations. Workers undergo regular health examinations.
4. Implement a special operation qualification system for workers engaged in special operations.
5. Workers must strictly abide by safe operating procedures during the labor process. Workers have the right to refuse to carry out the employer's orders for illegal or risky work, and have the right to criticize, report and accuse behaviors that endanger life safety and health
6. Establish statistical reports on casualties and occupational diseases and processing system. The labor administrative departments, relevant departments and employers of the people's governments at or above the county level are required to collect statistics, report and handle the casualties and occupational diseases of workers that occur during the labor process in accordance with the law.
(2) Special labor protection for female workers and underage workers
The special protection for female workers refers to relevant measures taken based on women’s physiological characteristics and the needs of educating their children. A general term for measures to protect the safety and health of female workers at work. According to the relevant provisions of the Labor Law, special labor protection for female workers mainly includes protection in labor and employment, prohibition of female workers from engaging in work harmful to health, and "five-period" protection for female workers. Specifically, women must not be assigned to work underground in mines, in the fourth-level physical labor intensity prescribed by the state, and in other taboo labor; female workers must not be assigned to work at high altitudes, at low temperatures, in cold water, or in the third-level physical labor intensity prescribed by the state during menstruation. ; Female employees shall not be arranged to engage in labor with third-level physical labor intensity stipulated by the state during pregnancy and labor that is taboo during pregnancy. Employees who are pregnant for more than 7 months shall not be arranged to extend their working hours and work night shifts; female employees enjoy childbirth benefits Maternity leave of not less than 90 days; female employees shall not be arranged to engage in labor with the third level of physical labor intensity stipulated by the state and other labor that is taboo during lactation while breastfeeding babies under 1 year old, and shall not be arranged to extend working hours and night shifts. labor. Underage workers refer to workers under the age of 18. Their physical development has not yet been fully finalized and is transitioning to maturity, so special protection must be given to them. The main content of the special labor protection for underage workers stipulated in my country's "Labor Law" is: child labor under the age of 16 shall not be recruited; for special industries that are approved to employ underage workers, they must pass a physical examination to prove that they are qualified. After employment, they must Conduct regular health examinations, provide them with working conditions suitable for their physical condition, and ensure and take care of their cultural, technical learning and rest; it is prohibited to arrange underage workers to engage in underground mines, toxic and hazardous and fourth-level physical labor intensity stipulated by the state and Other jobs that are prohibited; it is prohibited to arrange for them to work overtime.
(3) National labor safety and health inspection system
National labor safety and health inspection refers to a means for the national labor department to enforce the law on the labor safety and health status of enterprises. It includes three forms: general supervision, professional supervision and accident supervision. General inspection is a routine inspection of enterprises, focusing on enterprises where accidents and occupational diseases occur. Professional supervision is a special technical supervision of dangerous or hazardous special equipment, operating environment, special operating personnel and production and construction projects. Accident supervision is the organization and participation in the investigation, analysis, processing, approval and closing of various particularly major accidents and employee casualties.
How many articles of labor protection are there for female employees? 3
What is employee labor protection?
1. Employers must establish and improve labor safety and health systems and strictly implement national labor safety and health regulations and standards. Provide labor safety and health education to workers to prevent accidents during labor and reduce occupational hazards.
2. Implement the "three simultaneity" system in which labor safety and health facilities in new construction, reconstruction, and expansion projects are designed, constructed, and put into production and use at the same time as the main project.
Legal basis: Article 52 of the "Labor Law of the People's Republic of China"
Employers must establish and improve labor safety and health systems and strictly implement national labor safety regulations Health regulations and standards, educate workers on labor safety and health, prevent accidents during labor and reduce occupational hazards.