Provisions on Labor Protection for Female Employees

Provisions on Labor Protection for Female Employees
Article 1 These Regulations are formulated with a view to safeguarding the lawful rights and interests of female employees, reducing and resolving the special difficulties faced by female employees due to their physiological characteristics in their labor and work (hereinafter referred to as labor), protecting their health, and facilitating socialist modernization.

Article 2 These regulations apply to female employees in all state organs, people's organizations, enterprises and institutions (hereinafter referred to as units) within the territory of the People's Republic of China.

Article 3 Any unit suitable for women to engage in labor shall not refuse to recruit female employees.

Article 4: The basic salary of female employees shall not be reduced or their labor contracts terminated during their pregnancy, delivery or breastfeeding periods.

Article 5 prohibits arranging female employees to work underground in mines, to engage in labor with the fourth level of physical labor intensity as stipulated by the State, and other labor that is prohibited for female employees.

Article 6 During the menstrual period, the employer of a female employee shall not arrange for her to engage in labor involving high altitude, low temperature, cold water or physical labor intensity of the third level as prescribed by the State.

Article 7 During the pregnancy period, the employer shall not arrange for female employees to engage in labor with the third level of physical labor intensity stipulated by the State or labor that is prohibited during pregnancy, and shall not extend their working hours beyond the normal working day. For those who are unable to perform the original labor, their workload shall be reduced or they shall be arranged for other labor based on the certificate of the medical department.

Article 8 Female employees who are seven months pregnant or more (including seven months) shall generally not be arranged to work night shifts; a certain amount of rest time shall be arranged during working hours.

Article 9 Prenatal checkups for pregnant female employees during working hours should be counted as working hours.

Article 10 The maternity leave for female employees is 90 days, including 15 days of prenatal leave. In case of difficult delivery, the maternity leave is increased by 15 days. In case of multiple births, the maternity leave is increased by 15 days for each additional baby.

Eleventh, if a female employee suffers a miscarriage during pregnancy, her employer should grant her a certain period of maternity leave based on a certificate from the medical department.

Article 129 Female employees who have infants under one year old shall be given two breastfeeding (including artificial feeding) breaks during each work shift, each of which shall be 30 minutes. In the case of multiple births, the breastfeeding time shall be increased by 30 minutes for each additional infant. The two breastfeeding breaks during each work shift of female employees may be combined. The breastfeeding time and the time spent on the way to and from breastfeeding within the unit shall be counted as work time.
Article 13 During the breastfeeding period, the employer shall not arrange for female employees to engage in labor with the third level of physical labor intensity as prescribed by the State or labor that is prohibited during the breastfeeding period, shall not extend their working hours, and generally shall not arrange for them to work night shifts.

Article 14 Units with a relatively large number of female employees shall, in accordance with relevant national regulations, gradually establish facilities such as health clinics for female employees, rest rooms for pregnant women, breastfeeding rooms, nurseries, and kindergartens on their own or in a joint venture basis, and properly address the difficulties faced by female employees in physiological hygiene, breastfeeding, and caring for infants.

Article 15 When the labor protection rights of female employees are infringed, they have the right to file a complaint with the competent department of their unit or the local labor department. The department accepting the complaint shall make a decision within 30 days from the date of receipt of the complaint; if the female employee is dissatisfied with the decision, she may file a lawsuit with the people's court within 15 days from the date of receipt of the decision.

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