Regulations of Hubei Province Concerning the Labor Protection of Female Staff and Workers

· Document Number：Decree No.329 of the People's Government of Hubei Province

· Area of Law： Civil Law

· Level of Authority： Local Government Rules

· Date issued：02-05-2009

· Effective Date：03-08-2009

· Status： Effective

· Issuing Authority： People's Government of Hubei Province

Decree of the People's Government of Hubei Province
(No. 329)
Regulations of Hubei Province Concerning the Labor Protection of Female Staff and Workers, deliberated and adopted at the Executive Meeting of the People's Government of Hubei Province on December 22, 2008, are hereby promulgated and shall come into force as of March 8, 2009.
Governor: Li Hongzhong
February 5, 2009
Regulations of Hubei Province Concerning the Labor Protection of Female Staff and Workers
Article 1 In order to safeguard the lawful rights and interests of female staff and workers, to promote equal employment, to reduce and solve the special difficulties encountered by female staff and workers in their labor due to their physiological characteristics, and to protect their health, these regulations are formulated pursuant to the Labor Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of Rights and Interests of Women as well as other relevant laws and rules, and in light of the actual situation of the Province.
Article 2 These Regulations are applicable to all organs, organizations, enterprises (including individual economic organizations and non-enterprise private entities and other entities) and institutions (hereinafter referred to as the employer units) and the female staff and workers therein within the administrative area of the Province.
Article 3 The competent administratiave departments of labor and social security at or above the county level shall be responsible for the labor protection work for female staff and workers within the administrative area of the Province, and other relevant departments shall do a good job jointly in the implementation of these regulations in acordance with their respective functions and duties.
Trade Unions, Women's Federations and other social organizations shall support the local people's governments and departments concerned to develop the labor protection work for female staff and workers.
Article 4 No employer units may, in the process of employing staff and workers, refuse to employ women by reason of sex or raise the employment standards for women with the exception of the special types of work or posts unsuitable to women prescribed by laws, regulations and rules.
Article 5 It shall be forbidden to arrange for female staff and workers to engage in the following labor:
(1) working down the pit of mines, as well as involving manual forge, heavy manual loading and unloading, refrigeration, and strong vibrations;
(2) labor involving Grade IV physical labor intensity as specified by the State;
(3) any other kind of labor to be avoided by female staff and workers as specified by the State.
Article 6 No employer units may prescribe contents to limit female staff and workers' lawful rights and interests such as marriage and fertility in labor contracts or emploment contracts ( hereinafter referred to collectively as the labor contract).
When concluding the labor contract with female workers, the employer unit shall clearly notify them of the possible occupational harm and its consequence, occupational protection measures and corresponding post treatment, and other information as required by the female workers. The employer is entitled to be aware of the basic information in direct relation to the female workers and the labor contracts, and the female workers shall provide such information authentically.
Article 7 In case the number of female workers is no less than 25, the employer unit may conclude a collective contract according to law with the labor union as one party that is on behalf of the workers in terms of protection of the rights and interests of female workers upon collective consultations, in which the content of such protection shall be included. The employer unit who has not concluded a colletive contract may conclude a specialized one with the labor union in terms of protection of the rights and interests of female workers upon equal consultations.
In regions at or below the county level, labor unions may conclude regional or industrial specialized collective contracts with the representatives of enterprises to protect the rights and interests of female workers according to law.
Article 8 While any female worker is in her pregnancy, confinement or nursing period, no employer units may dismiss her or discharge or terminate the labor contract with her except for any special circumstance as prescribed by any law or administrative regulation or the female worker requires the resignation or discharge or termination thereof.
Article 9 Female workers during their menstrual periods shall not be arranged to work high above the ground, under low temperature, or in cold water or work with Grade III physical labor intensity as prescribed by the State.
During the menstrual period of female staff and workers, no employer units may arrange for them to work high above the ground, under low temperature, or in cold water or work with Grade III physical labor intensity as prescribed by the State.In case any female staff and worker can not work normally due to menorrhagia or dysmenorrhea, the employer unit may give her an approapriate rest of 1-2 days upon confirmation from the designated medical institution.
Article 10 During the pregnant period of female staff and workers, the employer unit shall offer them the following labor protection:
(1) No employer units may assign them to engage in labor with Grade III physical labor intensity as prescribed by the State, in outdoor work in high temperature at or above 35℃， in workplace operations with the temperature at or above 33℃ or in any kind of labor to be avoided in pregnancy.
(2) The time spent by pregnant female staff and workers on regular antenatal examination during labor hours shall be deemed to be labor hours. The work amount shall be reduced correspondingly from the fixed volume.
(3) No night-shift labor may be assigned to female staff and workers in or past 28 weeks of pregnancy. Nor may their labor time be extended.
(4) For those staff and workers pregnant not less than 28 weeks and no longer competent for their original labor, the employer unit may give them a one-hour break upon their application, which shall be deemed to be labor hours. The volume of work shall be reduced correspondingly from the fixed volume. Upon the employer unit's approval, such workers may also ask for a leave to break and the wage shall be no less than 75% of their original wage and shall not be lower than the local minimum standards during their break periods, and their welfare benefits, promotion in rank and award shall not be affected during the periods.
Article 11 The maternity leave period of female staff and workers shall be carried out in accordance with the following provisions:
(1) Female staff and workers who are pregnant not exceeding 12 weeks and have a miscarriage shall be granted a maternity leave of 15 to 30 days by the employer unit in accordance with a certificate from its designated medical institution and other relevant provisions; a maternity leave of 42 days shall be granted to those who are pregnant exceeding 28 weeks and have a miscarriage;
(2) The normal maternity leave of female staff and workers shall be 90 days, including 15 days of antenatal leave;
(3) The premature delivery with over 28 weeks of pregnancy or postmature delivery shall be deemed to be a normal one;
(4) An extra maternity leave of 15 days shall be granted in case of dystocia;
(5) Female staff and workers who have delivered more than one child in a single birth shall be granted an extra maternity leave of 15 days for each additional baby borne.
Article 12 Wages of female staff and workers during the period of specified maternity leave shall be granted by the employer unit in accordance with their original wage standards. Such wages shall be paid from the childbearing insurance fund if the employer unit has participated in the said insurance in accordance with provisions.
Stipulated medical expenses cost by female staff and workers during maternity period shall be handled in accordance with relevant provisions if the employer unit has participated in the childbearing insurance; otherwise the employer unit shall pay for such expenses.
Article 13 In case female staff and workers are in need of further rest and treatment for diseases upon the expiration of maternity leave, the benefits beyond the maternity leave shall be handled in accordance with relevant provisions concerning sick leave and medical insurance.
Article 14 Employer units shall grant female staff and workers having a baby under 1 year of age two feeding (including bottle feeding) breaks of 30 minutes each during each labor shift. Each feeding break of female staff and workers who have borne more than one child in a single birth shall be extended by not less than 30 minutes for each additional baby borne and the two feeding breaks during each labor shift may be taken consecutively. The time spent on feeding and en route to and from the place of feeding within the unit concerned shall be deemed to be labor hours.
Employer units may extend the feeding periods of female staff and workers with a baby above 1 year old confirmed to be a debility child by its designated medical institution appropriately, but the extension should not surpass 6 months.
Article 15 During the infant-feeding period of female staff and workers, no employer units may arrange for them to engage in labor with Grade III physical labor intensity as specified by the State or any kind of labor to be avoided, nor may their extend their labor hours or arrange for night-shift labor.
Article 16 Employer units shall assign other suitable work for those pregnant female staff and women who engage in any kind of labor to be avoided during pregnancy as prescribed by the State.
In addition to the prior paragraph, female staff and women may consult with the employer unit for a reduction of their labor amount or their adjustment to another post in accordance with the certificate from the employer unit's designated medical institution in case they are no longer competent for their original work.
Article 17 Employer units may adjust the wages of female staff and workers in accordance with the altered labor contract and the wage system of the unit in case their post is adjusted or labor amount is reduced by the reason of Article 16 of these Regulations and the adjusted wage shall not be lower than the minimum standard where the employer unit is situated.
Article 18 In case female staff and workes can not adapt to their work due to menopause, employer units may make reasonable adjustments to their jobs in accordance with the certificate from the designated medical intitutions and their actual conditions.
Article 19 Employer units shall organize female staff and women to make occupational health check before going to, at and before leaving the posts in accordance with provisions of the State, notify them faithfully of the check results, and the examination fees shall be paid by the employer units.
Employer units shall organize female staff and women to make gynecopathy examination every 1-2 years and the examinaiton time shall be deemed to be labor time.
Article 20 Employer units shall, in line with women's physiological characteristics and the characteristics of the work, strengthen the work of labor protection; improve working conditions by means of technological innovation, technical reform, equipment updating and labor protection articles betterment, and take effective measures to strengthen safety education and safety technical training of female staff and workers.
Every industrial construction project under construction, renovation or expansion must conform to such regulations as the Sanitary Standards for the Design of Industrial Enterprises, production and labor conditions thereof shall be improved and labor protection facilities for female staff and workers therein shall be established.
Employer units shall properly sew up the physiological health, feeding and child-care difficulties of their female staff and workers. Units employing a relatively concentrated and large number of over 100 female staff and workers shall establish such facilities as a bathroom for female staff and workers, a lounge for pregnant women and a feeding room in accordance with relevant regulations of the State.
Article 21 Costs related to pregnancy, dilivery and family-planning operations of female staff and workers in employer units who have participated in childbearing insurance may be paid with reference to basic medical insurance or childbearing insurance fund as prescribed by the State; such costs shall be paid by the employer units themselves in case the units have not participated in the said insurances or failed to pay the premium in full.
Article 22 Special menstrual health protection shall be granted to female staff and workers and necessary health articles or occupational health costs shall be distributed to them by employer units. Specific standards shall be formulated seperately by the provincial Department of Finance jointly with the provincial Federation of Labor Unions.
Article 23 Competent administrative departments of labor and social security, personnel, public health, safety production supervision and administration of the local people's governments at or above the county level shall be responsible for supervising and inspecting the implementation of these regulations in accordance with their respective responsibilities and duties.
Labor Unions and Women's Federations shall play a functional role to develop the labor protection work of propaganda, education, consulting, services for female staff and workers, and shall have the right to supervise the implementation of the regulations on such labor protection and reflect the situation to relevant competent administrative departments. The latter shall promptly investigate and deal with the situation and notify the reporter of the handling result.
Article 24 Female staff and workers may bring complaints and report to competent administrative departments of labor and social security, personnel and the like if the employer units, in violation of these Regulations, damage their lawful rights and interests; they may also apply to labor and social security or personnel mediation organizations for mediation according to law, or apply to labor and social security or personnel arbitration institutions for arbitration, they may bring suits to people's courts according to law if they are not satisfied with the arbitral award as provided by law otherwise.
Labor Unions may apply for arbitration and bring suits according to law if disputes are caused during the performace of special collective contract for the protection of female staff and workers and fail to be settled through consultation.
Article 25 If there are punishment provisions in laws and rules for any violation of these Regulations, such provisions for punishments shall prevail.
Article 26 Where employer units, in violation of these Regulations, bring damages to female staff and workers, shall bear compensation; if the circumstance is serious, the direct-in-charge person(s) and the direct responsible person(s) shall be given administrative sanctions in accordance with law; criminal liability shall be investigated as provided by law if a crime is constituted.
Article 27 Original wages mentioned in these Regulations refer to average wages of female staff and women within 12 months before they are on leave, their working posts are adjusted or their labor amounts are reduced.
Article 28 These Regulations shall come into force as of March 8, 2009. The Implementation Measures of Labor Protection for Female Staff and Workers in Hubei Province (Decree No. 26 of the people's government of the Province) promulgated on December 30, 1991 shall be abolished at the same time.