Article 1 These Provisions are formulated in order to reduce and solve the special difficulties caused by the physiological characteristics of female workers in their work and to protect the health of female workers.
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 the 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 impose a fine according to the standard of 1000 to 5,000 yuan for each infringed female employee. 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.
Appendix: The scope of work prohibited for female employees.
I. Scope of work prohibited for female employees:
(1) Underground operations in mines;
(two) the fourth level of physical labor intensity stipulated in the classification standard of physical labor intensity;
(three) load more than 6 times per hour, each work more than 20 kilograms, or intermittent load, each work more than 25 kilograms.
Second, the scope of labor that female employees are prohibited from engaging in during menstruation:
(1) cold water operations of Grade II, III and IV specified in the classification standard for cold water operations;
(2) Grade II, III and IV low-temperature operations specified in the classification standard for low-temperature operations;
(three) the third and fourth levels of physical labor intensity stipulated in the classification standard of physical labor intensity;
(four) the three or four levels of aerial work specified in the classification standard for aerial work.
Three. The scope of work prohibited for female employees during pregnancy:
(1) The concentration of toxic substances such as lead and its compounds, mercury and its compounds, benzene, cadmium, beryllium, arsenic, cyanide, nitrogen oxides, carbon monoxide, carbon disulfide, chlorine, caprolactam, chloroprene, vinyl chloride, ethylene oxide, aniline and formaldehyde in the air in the workplace exceeds the national occupational health standards;
(two) engaged in the production of anticancer drugs, diethylstilbestrol, contact with anesthetic gas and other operations;
(three) the operation of radioactive materials from unsealed sources and the emergency treatment of nuclear accidents and radiation accidents;
(4) Working at heights specified in the classification standard for working at heights;
(5) Cold water operation specified in the classification standard for cold water operation;
(6) Low-temperature operation specified in the classification standard for low-temperature operation;
(seven) three or four operations specified in the classification standard for high temperature operations;
(eight) three or four operations specified in the classification standard for noise operations;
(nine) the third and fourth levels of physical labor intensity stipulated in the classification standard of physical labor intensity;
(ten) in a confined space, high pressure room or diving operations, accompanied by strong vibration operations, or the need for frequent bending, climbing, squatting operations.
Four, breast-feeding female workers taboo to engage in the scope of labor:
(1) Items 1, 3 and 9 of the scope of labor that is forbidden during pregnancy;
(2) 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.