Regulations on Labor Protection for Female Employees in Fujian Province

The “Regulations on Labor Protection for Female Employees in Fujian Province” were adopted at the 17th Meeting of the Standing Committee of the 13th Fujian Provincial People’s Congress on March 20, 2020, and are hereby promulgated. These Regulations shall take effect as of May 1, 2020.

Standing Committee of the People's Congress of Fujian Province, March 20, 2020

Article 1: In order to strengthen labor protection for female employees, reduce and address the special difficulties they encounter in their work due to their physiological characteristics, ensure their safety and health, and safeguard their legitimate rights and interests, these Regulations are formulated based on relevant laws and regulations and in light of the actual conditions of our province.

Article 2: This Regulation applies to employers—including state organs, enterprises, public institutions, social organizations, individually-owned economic organizations, and other social organizations—within the administrative jurisdiction of this province, as well as their female employees.

If otherwise provided by laws or regulations, the provisions thereof shall prevail.

Article 3: Local people's governments at or above the county level shall strengthen their leadership over the labor protection of female employees and take measures to safeguard their legitimate rights and interests.

The administrative departments of human resources and social security, health, medical insurance, and other relevant fields under the local people's governments at or above the county level shall, in accordance with their respective responsibilities, perform the necessary work related to the labor protection of female employees.

Trade unions and women’s organizations shall, in accordance with the law, supervise employers’ compliance with these Regulations, and support and assist female employees in safeguarding their legitimate rights and interests.

Article 4: Employers shall not discriminate against women in any form or under any pretext when recruiting, hiring, assigning positions, promoting employees, advancing their ranks, evaluating and appointing them to professional and technical posts, or laying off staff.

Article 5: Employers shall, in accordance with the law, safeguard the labor rights of female employees, improve their working conditions, and establish corresponding labor protection systems for female employees based on the actual circumstances of their own units. Enterprises and individual economic organizations shall incorporate provisions on the labor protection of female employees into their collective employment contracts.

The legal representative or person in charge of the employer is responsible for the labor protection of female employees within the organization.

Article 6: Employers shall provide female employees with working conditions and labor protection measures that comply with national regulations, and shall carry out occupational disease prevention and control work in accordance with the law.

When an employer enters into a labor contract with a female employee, it shall truthfully inform the female employee of any occupational disease hazards and their potential consequences that may arise in the course of work, as well as the measures for protecting against occupational diseases and the associated benefits, and shall specify these details clearly in the labor contract.

A new provision has been added: “Employers that meet certain conditions may provide female employees with sanitary products or a monetary allowance each month,” thereby strengthening labor protection for female employees during their menstrual periods and providing a basis for issuing such sanitary products or allowances.

Article 7: Employers shall organize health check-ups for female employees at least once every two years, including gynecological examinations. For female employees aged 35 and above, screening for breast cancer and cervical cancer shall be added to the check-up package. The costs of these screenings shall be borne by the employer, and the time spent on such screenings shall be considered as working hours.

For female employees engaged in work involving occupational disease hazards, the employer shall organize pre-employment, on-the-job, and post-employment occupational health examinations in accordance with applicable laws and regulations, establish occupational health surveillance files, and inform the female employees themselves of the examination results in writing. The costs of these occupational health examinations shall be borne by the employer.

A new provision has been added: “Female employees diagnosed with menopausal syndrome by medical institutions at or above the county level or maternal and child health institutions, whose condition remains significantly unimproved despite treatment and who are unable to continue performing their original job duties, may, upon their own application and with the mutual consent of both parties, be temporarily assigned by their employer to suitable alternative work.” This provision ensures comprehensive labor protection for female employees throughout the “five stages”—menstruation, pregnancy, childbirth, lactation, and menopause.

Article 8: During the pregnancy, maternity, and breastfeeding periods (defined as the period from the date of a baby’s birth until the baby reaches one year of age), unless otherwise provided by laws and regulations, the employer shall not terminate the employment relationship with a female employee. If the labor contract expires while the female employee is still within her pregnancy, maternity, or breastfeeding period, the contract term shall be automatically extended until the end of the pregnancy, maternity, or breastfeeding period, unless the female employee herself requests termination of the labor contract.

Article 9: Employers shall comply with the state’s regulations on the scope of labor prohibited for female employees and shall adjust the job positions of those already engaged in such work.

Female employees engaged in standing work for more than four consecutive hours shall, upon their own request, be provided by their employers with appropriate breaks during menstruation, depending on the specific circumstances.

If a female employee is unable to continue performing her original job duties during pregnancy, upon her own application and with certification from a medical institution at or above the county level, the employer shall either reduce her workload or arrange for her to take on another position that is more suitable.

Employers that meet the conditions may provide female employees with sanitary products or reimbursement for their costs on a monthly basis.

Article 10: For female employees who are pregnant for less than three months, more than seven months, or who are breastfeeding, the employer shall, during working hours, arrange one hour of rest or nursing time each day. In the case of multiple births, an additional hour of nursing time shall be provided for each additional infant nursed daily. Furthermore, employers shall not assign such employees to work overtime or night shifts. Any necessary prenatal examinations, rest periods, or nursing breaks taken during working hours shall be considered part of working hours.

Article 11: Female employees diagnosed with menopausal syndrome by medical institutions at or above the county level or maternal and child health institutions, whose condition remains significantly unchanged despite treatment and who are unable to adapt to their original job positions, may, upon their own application and with the mutual consent of both parties, be temporarily assigned by their employer to suitable alternative work.

Article 12: Units with a relatively large number of female employees or a high proportion of female employees shall, according to the needs of female employees, establish facilities such as women’s health rooms, maternity rest rooms, and lactation rooms.

Encourage and support employers in providing dedicated childcare facilities for infants and toddlers under the age of three.

Article 13: For female employees who give birth in compliance with the provisions of the “Regulations of Fujian Province on Population and Family Planning,” the maternity leave shall be between 158 and 180 days, with the specific number of days to be determined by the employer. The male employee’s paternity leave shall be 15 days.

If a female employee experiences a miscarriage during pregnancy, she is entitled to maternity leave upon presentation of a certificate issued by a healthcare institution or a family planning technical service institution qualified to perform artificial termination of pregnancy procedures. For miscarriages occurring within the first three months of pregnancy, the maternity leave period is between 15 and 30 days; for miscarriages occurring after the third month of pregnancy, the maternity leave period is 42 days; and for miscarriages occurring after the seventh month of pregnancy, the maternity leave period is 98 days.

Article 14: After a female employee’s maternity leave expires, with her own application and the employer’s approval, she may take breastfeeding leave until the infant reaches one year of age. During the breastfeeding leave period, the wage shall be determined through mutual negotiation between the two parties, but it shall not be lower than 60 percent of the maternity allowance, nor shall it fall below the local minimum wage standard.

Employers are encouraged to grant each parent 10 days of parental leave per year during the period when their child is under three years old, provided that the couple has given birth in compliance with applicable laws and regulations.

Article 15: Employers shall, in accordance with the law, accurately report the number of employees and the total wage bill of their unit, and pay the maternity insurance premiums in full each month.

Article 16: During the statutory maternity leave period, female employees shall receive a childbirth allowance paid by the basic medical insurance administration agency at or above the county level in their place of residence. For those who give birth to children in compliance with the provisions of the “Fujian Province Regulations on Population and Family Planning,” the duration of the childbirth allowance shall be no less than 128 days and will be gradually increased in line with economic and social development conditions. In the case of miscarriage during pregnancy, the duration of the childbirth allowance shall be determined in accordance with the provisions of Paragraph 2 of Article 13 of these Regulations. The childbirth allowance shall be calculated based on the average monthly wage of employees at the female employee’s employer for the previous year, converted on a monthly basis using a standard of 30 days per month. Female employees of state organs and public institutions funded or subsidized by the fiscal authorities shall continue to receive their salaries through their original channels during the maternity period and shall not be entitled to the childbirth allowance.

The medical expenses for female employees' childbirth shall be paid by the administering agency of basic medical insurance in accordance with the provisions of relevant laws, regulations, and rules.

Unemployed individuals who give birth while receiving unemployment insurance benefits—and who had already participated in maternity insurance prior to becoming unemployed—may apply to the local unemployment insurance agency for a maternity allowance equivalent to three months’ worth of their unemployment benefits.

Article 17: If an employer fails to promptly arrange maternity insurance for employees as required and pay the full amount of contributions, or if contributions are interrupted resulting in female employees being unable to enjoy insurance benefits, the employer shall pay the female employees’ maternity allowances and maternity medical expenses according to the items and standards prescribed by the state and this province.

Article 18: Employers shall, in light of the labor and production characteristics of their own units, prevent and put a stop to sexual harassment against female employees. When handling complaints of sexual harassment filed by female employees, employers shall protect the personal privacy of female employees in accordance with the law.

Article 19: When concluding a labor dispatch agreement with the employing unit, the labor dispatch agency shall clearly specify the management responsibilities for the labor protection of female employees.

Article 20: If the trade union or women’s organization discovers that an employer has violated the provisions of these Regulations, it shall require the employer to take measures to rectify the violation. If the employer refuses to make the necessary corrections, the trade union and women’s organization shall report the situation to the relevant administrative authorities, which shall promptly take measures to safeguard the legitimate rights and interests of female employees.

Article 21: If an employer violates the provisions of Article 10 and Article 13 of these Regulations, the administrative department of human resources and social security under the local people's government at or above the county level shall order it to make corrections within a specified time limit and impose a fine ranging from 1,000 yuan to 5,000 yuan per female employee whose rights have been infringed. If the employer’s actions have caused damage to the legitimate rights and interests of female employees, it shall provide compensation in accordance with the law.

Article 22: If an employer fails to pay the maternity insurance premiums on time and in full, the agency responsible for collecting maternity insurance premiums shall order it to make the payment or supplement the shortfall within a specified time limit, and impose a late payment penalty of five ten-thousandths per day starting from the date of the underpayment. If the employer still fails to pay after the deadline, the administrative department for maternity insurance premium collection under the local people's government at or above the county level shall impose a fine ranging from one to three times the amount owed.

Article 23: If the administrative agency responsible for basic medical insurance fails to pay maternity allowances and maternity medical expenses in accordance with the law, the administrative department of medical security under the local people's government at or above the county level shall order it to make the payment within a specified time limit and impose disciplinary measures on the directly responsible principal officers and other persons directly liable in accordance with the law.

Article 24: Staff members of the administrative departments for human resources and social security, health, medical insurance, and other relevant fields under the local people's governments at or above the county level, who fail to perform their duties in accordance with the law or fail to promptly investigate and handle related appeals, complaints, or reports, thereby causing serious consequences, shall be subject to disciplinary action by their competent authorities or supervisory organs in accordance with the law. If their actions constitute a crime, they shall be held criminally liable in accordance with the law.

Article 25: If an employer violates the provisions of these Regulations and infringes upon the legitimate rights and interests of female employees, the female employees may, in accordance with the law, file complaints, report violations, or lodge appeals; they may also, in accordance with the law, apply to the labor and personnel dispute mediation and arbitration institutions for mediation and arbitration. If they disagree with the arbitration award, they may, in accordance with the law, bring a lawsuit before the People’s Court.

Article 26: These Regulations shall take effect as of May 1, 2020. The “Regulations on Labor Protection for Female Employees in Enterprises in Fujian Province,” adopted at the 12th Session of the Standing Committee of the 10th Fujian Provincial People’s Congress on December 3, 2004, shall be repealed concurrently.