Special Provisions for the Labor Protection of Female Employees in Jiangsu Province

Order of the People's Government of Jiangsu Province 
(Number 122)

The “Special Provisions on Labor Protection for Female Employees in Jiangsu Province” were discussed and adopted at the 5th Executive Meeting of the Provincial People’s Government on May 2, 2018. They are hereby promulgated and shall take effect as of July 1, 2018.

Governor: Wu Zhenglong 
May 8, 2018

Special Provisions on Labor Protection for Female Employees in Jiangsu Province 
 

Article 1: In order to reduce and address the special difficulties faced by female employees in the course of labor due to their physiological characteristics, and to protect their safety and health, in accordance with the State Council’s “…”. Special Provisions for the Labor Protection of Female Employees This regulation is formulated in accordance with relevant laws and regulations, as well as the actual conditions of this province. 
Article 2: This regulation applies to state organs, enterprises, institutions, social organizations, individual economic organizations, privately-run non-enterprise units, and other social organizations (hereinafter collectively referred to as “employers”) within the administrative region of this province, as well as their female employees. 
Article 3: Enterprises, privately-run non-enterprise units, and public institutions managed in an enterprise-like manner shall engage in collective bargaining with the trade union regarding the protection of special rights and interests of female employees and shall conclude a special collective agreement on the special protection of female employees (or include a dedicated chapter on the special protection of female employees in the collective agreement). 
Article 4: When employing workers, employers may not refuse to hire qualified women or raise the application or hiring standards for women on the grounds of gender or, in a disguised form, on the basis of gender, except for occupations or positions that are specifically designated by the state as unsuitable for women. 
Employers hiring female employees shall not include in the labor contract (including employment contracts, the same applies hereinafter) any clauses restricting female employees from marrying or giving birth. 
Employers shall not reduce the wages and benefits of female employees, dismiss them, or unilaterally terminate their labor contracts on the grounds of their marriage, pregnancy, childbirth, or breastfeeding. 
Article 5: Employers shall establish and improve systems for the labor protection and occupational safety of female employees, provide labor protection measures, improve working conditions, prevent occupational hazards, and offer female employees workplaces and working conditions that meet safety and occupational health requirements. 
Article 6: Employers shall provide female employees with education and training on occupational safety and health knowledge, vocational skills, and legal knowledge related to labor protection. 
Article 7: Employers shall comply with the provisions regarding the types of labor that female employees are prohibited from engaging in. The scope of labor prohibited for female employees shall be implemented in accordance with the appendix to the “Special Provisions on the Protection of Female Employees’ Labor” issued by the State Council. 
Employers shall classify the positions within their organizations and clearly identify the job positions that female employees are prohibited from performing, as well as those positions they are prohibited from performing during menstruation, pregnancy, and lactation. 
Article 8: The employer shall clearly state in the labor contract entered into with female employees, or otherwise inform them in writing of the following matters: 
(1) This unit’s positions fall within the scope of jobs prohibited for female employees. 
(2) This unit includes positions that are prohibited for female employees during their menstrual period, pregnancy, and lactation periods. 
(3) The labor protection system for female employees of this unit; 
(4) Occupational hazards and their potential consequences associated with the job duties performed; 
(5) Occupational disease prevention measures and benefits associated with the position held; 
(6) Workers engaged in operations involving occupational disease hazards shall be entitled to appropriate job allowances. 
(7) Other matters that laws, regulations, and rules require to be disclosed to female employees. 
The fourth and fifth items of the preceding paragraph shall be specified in the labor contract. 
Article 9: Employers shall provide the following protections to female employees during their menstrual periods: 
(1) Employees who are menstruating and whose work is prohibited by national regulations shall be temporarily reassigned to other tasks or allowed to take 1 to 2 days of rest. 
(2) For female employees in other job categories who experience excessive menstrual bleeding or are unable to continue working due to dysmenorrhea, and upon certification by a medical institution, they shall be granted 1 to 2 days of rest. 
Employers that meet certain conditions may provide employees with a monthly allowance or reimbursement for hygiene products. 
Article 10: If an employer assigns a married female employee who is planning to become pregnant to work that is prohibited during pregnancy as stipulated by the state, the employer shall obtain the employee’s consent. 
Article 11: Employers shall provide the following protections to female employees who are pregnant: 
(1) No labor prohibited during pregnancy as stipulated by the state shall be assigned. 
(2) If an employee is unable to adapt to their original job, they shall, based on certification from a medical institution, have their workload reduced or be assigned to another suitable position. 
(3) Time spent on prenatal checkups during working hours shall be counted as part of working hours. 
(4) Employees who are pregnant for less than 3 months or more than 7 months shall not have their working hours extended nor be assigned to night shifts, and shall be provided with at least one hour of break time each day. 
(5) Employees who are pregnant for less than 3 months and require rest to maintain the pregnancy, or those who are more than 7 months pregnant and face genuine difficulties in continuing to work, shall be granted rest according to certification from a medical institution. 
In the circumstances described in the third and fourth items of the preceding paragraph, where there is a prescribed work quota, the corresponding workload shall be reduced. In the circumstance described in the fifth item, wages during rest periods shall be paid in accordance with the provisions of the labor contract or collective agreement, but shall not be lower than 80% of the local minimum wage standard. 
After a female employee becomes pregnant, if she applies for and the employer agrees to arrange for her to take leave during pregnancy, the wage during the leave period shall be determined through mutual negotiation between the two parties. If the labor contract or collective agreement provides otherwise, the terms of such agreement shall prevail. 
Article 12: Employers shall provide the following protections to female employees who give birth or terminate a pregnancy: 
(1) For those who give birth, they are entitled to 98 days of maternity leave, including 15 days of prenatal leave. If the birth complies with the provisions of the “Regulations of Jiangsu Province on Population and Family Planning,” the maternity leave will be extended by an additional 30 days. In cases of difficult childbirth, the maternity leave will be extended by an additional 15 days; for multiple births, an additional 15 days of maternity leave will be granted for each additional infant born. 
(2) For miscarriages occurring before 2 months of pregnancy, employees are entitled to a maternity leave of no less than 20 days. 
(3) For a miscarriage occurring between 2 and 3 months of pregnancy, the employee shall be entitled to no less than 30 days of maternity leave. 
(4) For miscarriage or induced abortion occurring between 3 and 7 months of pregnancy, the employee shall be entitled to no less than 42 days of maternity leave. 
(5) For induced labor performed after 7 months of pregnancy, the mother shall be entitled to maternity leave of no less than 98 days. 
Article 13: Employers shall provide the following protections to female employees undergoing family planning procedures: 
(1) Individuals undergoing tubal ligation or tubal reanastomosis surgery are entitled to a 21-day leave of absence. 
(2) Employees who insert or remove an intrauterine device are entitled to 2 days of leave. 
Article 14: During the maternity leave or leave for family planning procedures enjoyed by female employees, they shall receive employee maternity insurance benefits in accordance with the regulations of the state and the province. 
Article 15: When a female employee resumes work after the end of her maternity leave, she shall be allowed a period of one to two weeks to gradually return to her original workload. 
In principle, employers should arrange for female employees to continue working in their original positions. If a change is necessary due to special circumstances, it should be resolved through consultation with the female employee. 
Article 16: Employers shall provide the following protections to female employees who are breastfeeding infants under one year of age: 
(1) No labor prohibited during the lactation period as stipulated by the state shall be assigned. 
(2) Overtime work or night shift work shall not be permitted; 
(3) If a work quota system is implemented, the corresponding workload shall be reduced. 
(4) At least one hour of breastfeeding time shall be scheduled within the daily working hours; for mothers who give birth to multiple babies, an additional hour of breastfeeding time shall be added each day for each additional infant breastfed. 
Breastfeeding time, as well as the time spent traveling to and from the breastfeeding location within this organization, shall be counted as working hours. 
Article 17: With the employee’s application and the employer’s approval, female employees may take maternity leave for breastfeeding purposes for a period not exceeding six months. The benefits during this leave shall not be lower than 80% of the local minimum wage standard. For periods exceeding six months, the benefits shall be determined through mutual negotiation between the parties. 
Article 18: If a female employee experiences severe symptoms of menopausal syndrome and is unable to adapt to her original job, and requests a reduction in workload or a change of job position, the employer shall, based on certification from a medical institution and the actual circumstances, make appropriate arrangements. 
Article 19: Employers shall take the following measures to prevent and stop sexual harassment against female employees: 
(1) Develop regulations and rules prohibiting sexual harassment in the workplace; 
(2) Conduct educational and training activities to prevent and stop sexual harassment; 
(3) Provide a work environment free from sexual harassment; 
(4) Keep complaint channels open, promptly address complaints, and protect the privacy of the parties involved. 
(5) Other measures to prevent and stop sexual harassment of female employees. 
Article 20: Employers shall, based on the needs of female employees, establish facilities such as female employee health rooms, maternity rest rooms, and lactation rooms to address the challenges female employees face in terms of physiological hygiene and breastfeeding. Employers are encouraged to collaborate with professional social institutions to set up childcare and early education facilities. 
Article 21: Employers shall carry out the following health and hygiene measures for female employees: 
(1) Arrange pre-employment, in-service, and post-employment occupational health examinations for female employees engaged in work involving occupational disease hazards; bear the costs of these examinations; provide written notification of the examination results; and establish occupational health surveillance files. 
(2) At least one annual screening for common women’s diseases shall be arranged. For female employees aged 35 or older, additional screenings for breast cancer and cervical cancer should be provided. 
If a female employee undergoes a health check within the time scheduled by the employer, the time required for the check shall be counted as working hours. 
Article 22: Local people's governments at or above the county level shall strengthen their leadership over the labor protection of female employees, urge relevant administrative departments to fulfill their duties in supervising and inspecting the labor protection of female employees, incorporate the fulfillment of labor protection obligations by employers into the social credit system, and reward employers that have achieved remarkable results in the labor protection of female employees. 
The human resources and social security, health, and other relevant departments of local people's governments at or above the county level shall, in accordance with their respective responsibilities, perform oversight and management of labor protection for female employees and promote awareness and understanding of laws and regulations on labor protection for female employees. 
Trade unions and women’s organizations, in accordance with the law, safeguard the legitimate rights and special interests of female employees and supervise employers’ compliance with laws, regulations, and rules on the protection of female workers’ labor rights. 
Article 23: If an employer violates these regulations and there are already penalty provisions stipulated in applicable laws and regulations, the provisions of those laws and regulations shall prevail. 
If an employer violates these regulations and infringes upon the legitimate rights and special interests of female employees, the female employees may file complaints, report violations, or lodge appeals in accordance with the law. They may also apply for mediation and arbitration at labor and personnel dispute resolution and arbitration institutions as provided by law. If they disagree with the arbitration award, they may file a lawsuit with the people’s court in accordance with the law. 
Female employees may, in accordance with the law, lodge complaints, reports, or appeals with administrative authorities such as the human resources and social security department and the health authority, as well as with trade unions and women’s organizations. The departments or organizations receiving such complaints, reports, or appeals shall promptly investigate and handle them in accordance with the law. 
Article 24: These Regulations shall take effect as of July 1, 2018. The “Measures for the Labor Protection of Female Employees in Jiangsu Province,” issued by the People’s Government of Jiangsu Province on February 19, 1989 (Su Zheng Fa [1989] No. 24), shall be repealed concurrently.