People's Republic of China promulgated by Decree No. 619

　　　　　　　　　　　　　　　　　　　　　 　
Special regulations concerning the labor protection of female employees of the Executive meeting of the State Council on April 18, 2012 No. 200 passed, are hereby promulgated and, as of the date of promulgation.
　　　　　　　　　　　　　　　　　　　　　　　　　
Prime Minister Wen Jiabao

The April 28, 2012
　　Special provisions on the labor protection of female staff

The first in order to minimize and resolve female workers in the workforce special difficulties due to physiological characteristics, protect the health of female workers, these provisions are formulated.

Article People's Republic of China territory of State bodies, enterprises, institutions, social groups, individual economic organizations and other social organizations, employers and their female employees, these provisions shall apply.

Article III the employer shall strengthen the labor protection of female staff and take measures to improve women workers ' safety and health conditions of female workers on occupational safety and health training. Fourth female workers of an employer shall comply with the scope of prohibited labor provisions.

Employers should use this unit belongs to the female workers prohibited female workers of the labor scope of posts written. Female workers prohibited work scope by the provisions listed in the Appendix.

Safety supervision and management departments of the State Council in conjunction with the Department of human resources and social security administration departments, the health Administrative Department under the State Council's economic and social development, adjusting the scope of work for female workers prohibited.

Fifth female workers of an employer shall not be pregnancy, childbirth, breastfeeding reduced its wages, be dismissed, labor or employment contract.

Article sixth of female workers during pregnancy cannot adapt to the original labor, the employer shall, in accordance with certificate from the medical institution, to reduce the work of labor and other able to adapt.

For women workers pregnant for more than 7 months, employers may not extend working time or scheduled to work night shifts, and in working time arrangements within a certain time to rest.

Pregnant women in labor time for antenatal care, required time into work time.

Article seventh birth for 98 days maternity leave, prenatal leave of 15 days dystocia, increase maternity leave for 15 days multiple births, each having 1 babies to increase maternity leave of 15 days.

Miscarriage in women workers pregnant for less than 4 months, 15 days maternity leave; 4 month pregnancy miscarriage, 42 days of maternity leave.

Article eighth female workers to maternity benefit during maternity leave, already participate in the maternity insurance, according to employer last year's average monthly wage of workers maternity insurance fund pay the standard; did not participate in the maternity insurance, by the standards of female workers ' salary before maternity leave paid by the employer.

The medical costs of the birth or abortion of female employees, in accordance with the provisions of the maternity insurance programs and standards, already participate in the maternity insurance, maternity insurance fund; did not participate in the maternity insurance, paid by the employer.

Nineth of breastfeeding age of 1 baby female workers, employers may not extend working hours or to arrange to work night shifts.

An employing unit shall, within hours of labour a day for breastfeeding women workers to 1-hour breast-feeding time; multiple births of women employees, every nursing 1 1 hour per day for breastfeeding infants.

Tenth female workers more employers should be according to the needs of women workers, establishment of female staff lounge health room, pregnant women, breastfeeding rooms and other facilities, properly resolve female workers in health, breastfeeding difficulties.

11th at the workplace, the employer should be the prevention and suppression of sexual harassment of female workers.

12th people's Governments above the county level human resources and social security administrative departments, work safety supervision and management departments in accordance with their respective responsibilities responsible for supervising the employer to comply with the provisions of the inspection.

Trade unions, women's organizations shall supervise the implementation of these provisions by the employing units.

13th the employer in violation of the provisions of article sixth, seventh and Nineth article, the people's Governments above the county level administrative Department of human resources and social security a rectification, as against female employees on the standard rate of less than 1000 Yuan more than 5000 Yuan per person, punishable by a fine. Appendix to the employer in violation of the provisions of articles I, II, ordered by the people's Governments above the county level production safety supervision and management departments to correct, according to the violation of women workers ' standard of less than 1000 Yuan more than 5000 Yuan per person calculated fines.

If an employer violates provisions of article III of the appendix to the present provisions, fourth article, work safety supervision and management departments above the county level people's Government ordered management, fines of between 50,000 yuan and 300,000 yuan in serious cases, ordered to stop the job, or that permissions to the relevant people's Government in accordance with the provisions of the State Council ordered to close down.

14th the employer in violation of the provisions against women workers ' rights and interests, women can legally complaint, report or complaint to law apply to the mediation and arbitration of labor dispute mediation and arbitration, the arbitration award is not satisfied with, initiate litigation to the people's Court according to law.

15th the employer in violation of the provisions against women workers ' rights and interests, women workers damage caused, shall be subject to compensation; employer and directly responsible for the charge and the other persons constitutes a crime, criminal responsibility shall be investigated according to law. 16th article of the regulations come into force on the date of promulgation.



July 21, 1988, issued by the State Council's regulations concerning the labor protection of female staff and abolished.

Appendix:

Female workers prohibited labor range

, Female workers prohibited work scope:

(A) underground work in mines;

(B) the classification on intensity of physical standards set forth in the fourth class four intensity operations;

(C) the weight more than 6 times per hour, each weight over 20 kg of homework, or continuous load, the load exceeds 25 kg at a time of job.

Second, women workers during their menstrual periods prohibited ranges:

(A) the Classification of works in cold water standards set forth in the second grade, third grade, fourth grade cold water;

(B) low-temperature grade homework standards provided for in the second grade, third grade, fourth grade and low temperature operation;

(C) the classification on intensity of physical standards set forth in the third class, fourth class four intensity operations;

(D) high grade homework standards provided for in the third grade, fourth grade at height.

Third, the work of women workers in pregnancy in scope:

(A) lead and its compounds in workplace air, mercury and its compounds, benzene, cadmium, beryllium, arsenic, cyanide, nitrogen oxides, carbon monoxide, carbon disulfide chlorine, chlorine, caprolactam, butadiene, ethylene chloride, ethylene oxide, aniline, formaldehyde and other toxic substances concentration above the operation of the national occupational health standards;

(B) engaged in anticancer drug, diethylstilbestrol, exposure to anesthetic gases such as homework;

(C) the non-operation of the sealed sources of radioactive material, nuclear accident and radiation accident emergency response;

(D) high grade homework standards provided for in the working at height;

(E) provided for by the Standard Classification of works in cold water cold water;

(F) low temperature under low temperature operation in the job classification standards;

(G) the high temperature grading standards set forth in the third grade, fourth grade homework;

(H) the noise classification standard provided for in the third grade, fourth grade homework;

(I) the classification on intensity of physical standards set forth in the third class, fourth class four intensity operations;

(J) in the confined space, high pressure Chamber or diving, with a strong vibration of the job, or jobs requiring frequent bending, climbing, squatting.

Four female workers labor in breast-feeding range:

(A) range of pregnancy in the labour of the first, third and Nineth items; (B) in workplace air manganese, fluorine, bromine, methanol, organophosphorus compounds, organochlorine compounds, such as toxic substances concentration above the operation of the national occupational health standards.