Labour protection of female workers in Hubei Province provided (On February 2, 2009 Hubei Province Government Executive Conference considered through on February 5, 2009 Hubei Province Government makes No. 329, announced since on March 8, 2009 up purposes) first article for maintenance female workers of lawful rights and interests of, promote equal employment, reduced and solution female workers in labor in the for physiological features caused of special difficult, protection its health, according to People's Republic of China labor law, and People's Republic of China Women interests guarantees method and other about legal, and regulations of provides,
Combined with the facts of the province, these provisions are formulated.
Article within the administrative area of the organs, organizations, enterprises of the province (including individual economic organizations and non-governmental organizations such as the non-enterprise units), institutions (hereinafter referred to as the employer) and its female employees, these provisions shall apply.
The third local people's Governments at or above the county level shall labour and social security administrative departments in charge of the labor protection of female staff working in the administrative regions, and other relevant departments according to their respective responsibilities, coordinate the implementation of these provisions.
Trade unions, women's federations and other community organizations, to assist local governments and related departments to carry out work of labor protection of female staff.
Fourth employer (hired) who, in addition to laws and regulations and not suitable for women as provided for in regulation of trades or posts shall not be refused on grounds of sex (hired) women may not raise enrollment of women (external) standards.
Fifth prohibited to assign women with jobs in the following work:
(A) underground work in mines and the forge, strenuous manual handling, refrigeration, strong vibration;
(B) state the fourth class four intensity operations;
(C) the State regulations prohibited other labor.
Sixth article the employer shall not in the employment contract or employment contract (hereinafter contract), limit the content of marriage, fertility and other legitimate rights and interests of female employees.
When employers sign labor contracts with women workers, should be clearly informed in the labor contract occupational hazards that may arise in the course of work and its consequences, occupational protection measures and the corresponding post treatment, women should be informed to understand the other; employers have the right to understand women and the basic situation of labor directly related to the content of the contract, female worker shall truthfully explain. Seventh when women over 25 employees, the employer and the unions representing its employees collective consultation on matters concerning the labor protection of female staff and concluded collective agreements. Sign collective contracts should include the protection of women workers ' rights in the content.
Employers did not sign collective contracts through consultation on an equal footing, and trade union collective contracts signed the protection of women workers ' rights and interests according to law.
Below the county level administrative region, unions lawfully entered into with representatives of the business culture of collective contracts or sectoral collective contracts on protection of women workers ' rights and interests.
The eighth female workers during pregnancy, confinement or nursing period, except the special provisions of laws and administrative regulations as well as female employees resignation or dissolution, termination of an employment contract, employers may not dismiss women workers or its termination of labor contracts.
Nineth women during the menstrual period, the employer shall not assign its work at height, temperature and cold water operation and manual labour of class three intensity of labour prescribed by the State.
To women workers is not working properly because of menorrhagia or dysmenorrhea, medical institutions designated by the employer, the employer may be appropriate given its 1-2 days of rest.
Article tenth of women workers during pregnancy, the employer shall grant the following protection:
(A) shall not assign its engaged in manual labour of class three intensity under the national labor, high temperatures of over 35 degrees Celsius weather outdoor work, temperatures above 33 degrees Celsius in places of work assignments and prohibited other labor during pregnancy.
(B) pregnant women during labor hours required for prenatal check time is regarded as working time, workload of rated, should reduce the workload.
(C) shall not assign more than 28 weeks pregnant women workers engaged in night work or extend the working time.
(Four) pregnancy 28 week above of female workers, cannot competent original labor of, by I application, employing units can daily give its 1 hours breaks rest, considered labor time, has rated workload of, and corresponding deductions its workload; by units approved, can leave rest, rest during of wage shall not below the workers original wage of 75% and shall not below local minimum wage standard, rest during of welfare treatment and promotion, and awards not so and by effect.
11th female workers to maternity leave in accordance with the following provisions:
(A) pregnancy miscarriage 12 weeks of age, the employer shall, in accordance with his designated medical institutions and other relevant provisions, with 15-30 days of maternity leave; more than 12 weeks 28 weeks of pregnancy following abortion, with 42 days of maternity leave.
(B) normal delivery, 90 days maternity leave, prenatal leave of 15 days.
(C) more than 28 weeks pregnant premature or prolonged labor, as a normal delivery.
(D) in case of dystocia during childbirth, increase maternity leave for 15 days.
(E) multiple births, each having 1 babies to increase maternity leave of 15 days. 12th wages of women workers during the period of maternity leave provided, by the employer to the employee the wages paid.
Employers participating in the maternity insurance, the wages of women workers during maternity leave, paid from the maternity insurance fund in accordance with the regulations.
Women workers maternity in conformity with the provisions of the medical costs, the unit to which they participate in the maternity insurance, according to the relevant regulations; did not participate in the maternity insurance, paid by the employer.
13th prolong maternity leave expired, need to rest because of illness treated, over pay during maternity leave, in accordance with the treatment of sick leave and health insurance regulations. 14th breastfeeding for less than 1 year old baby girls, the employer shall, within two working hours per day breastfeeding (including feeding) time, not less than 30 minutes at a time. Multiple births, every breast-feeding 1 baby, increasing breastfeeding duration is not less than 30 minutes at a time.
Daily feeding time can be combined, in this unit due to breastfeeding nursing time and time on their way to and from, count as working time.
After the infants aged 1, confirmed by employer designated medical institutions for the frail, the employer may be appropriate to extend the women's breastfeeding, but not longer than 6 months.
15th the employing unit shall not assign breastfeeding female workers engaged in manual labour of class three intensity set by the State Labor and breast-feeding of labour, are not allowed to extend their working hours or to work night shifts.
Before the 16th of the female worker is pregnant State pregnancy labor, employers should be other suitable work during their pregnancy.
Except as provided in the preceding paragraph, a female worker is not up to the original labor because of pregnancy, medical institutions can be specified according to the employer to prove, consultation with employers to reduce or adjust the amount of labor jobs.
17th women 16th reason adjustments because of the jobs or reduce the amount of labor, the employer can change the labor contract and the wage system to adjust their wage, adjusted minimum wages, where the wage may not be lower than the employer.
18th for climacteric syndrome of women employees cannot adapt to the work, the employer should be based on his designated medical institutions and the situation of the parties and rationalize its work. 19th the employing unit shall, in accordance with State regulations, organizations before the induction of women employees, while on duty and leave when the occupational health examination, and inform women workers the checking results.
Occupational health examination fee shall be borne by the employer.
Employers should arrange female workers to carry out once every 1-2 years of gynecological diseases, checking time is regarded as working time.
20th female workers of an employer should be based on physiological characteristics and the characteristics of the work, strengthen labor protection work; through technical innovation, reform, equipment renewal, improve labor protection articles and ways and means, improve working conditions and to take effective measures to strengthen the safety of female workers education and safety training.
During new construction, renovation or expansion of industrial construction projects, shall, in accordance with such provisions of the hygienic standards for the design of industrial enterprises, improvement of labor conditions, set the labor protection of female staff facilities. The employer should properly resolve female workers in health, breastfeeding, infant care difficulties.
Are primarily served by female workers and employers with more than 100 should be in accordance with State regulations, establish pregnant women wash rooms, lounge, nursing rooms and other facilities.
21st female workers participate in the maternity insurance employer, during pregnancy, childbirth and family planning costs relating to operation, in accordance with the national regulations by the basic medical insurance or maternity insurance fund to pay; do not participate in this insurance or in default of payment of such premiums employers of female workers, related costs borne by the employer. 22nd an employer shall grant women workers special health protection during menstruation, the labor protection of female employees to grant the necessary sanitary or health.
Specific criteria for prescribed separately by the provincial Department of finance in conjunction with the provincial Federation of trade unions.
23rd local people's Governments above the county level labor and social security, personnel, health, administration of production safety supervision and management departments should be in accordance with their respective responsibilities, responsible for supervising the implementation of the provisions of inspection. Trade unions, women's federations should play a role, to carry out publicity and education of the labor protection of female staff, consulting, services, and the right to protection of women workers ' rights to supervise the implementation of the provisions, to reflect to the relevant administrative departments.
Administrative departments concerned after receive the reflected shall promptly investigate and deal with and who will handle the results to reflect.
24th article employing units violation this provides damage female workers lawful rights and interests of of, female workers can to labor and social security, and personnel, administrative competent sector complaints, and reported; or law to labor and social security, and personnel mediation organization application mediation; or to labor and social security, and personnel dispute arbitration institutions application arbitration, on arbitration ruling refuses to of, except legal another has provides outside, can law to court filed litigation.
To protect the interests of female workers of collective contracts dispute settled by negotiation fail, trade unions may apply for arbitration proceedings in accordance with law.
25th article in violation of these provisions, laws, regulations, penalties, from its provisions.
26th the employer in violation of the provisions, causing damage to female employees shall bear liability for serious, managers or other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal liability shall be investigated for their.
27th original wages in these rules refers to the female worker before going on vacation, or adjustment to work before, or mitigated amount within 12 months before the average wage. 28th article of the regulations come into force on March 8, 2009. Published on December 30, 1991 of the implementation measures for the labor protection of female staff in Hubei Province (provincial government, 26th) repealed simultaneously.