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

Order of the People's Government of Henan Province 
(Number 186)

The “Special Provisions on Labor Protection for Female Employees in Henan Province” were adopted at the 21st Executive Meeting of the Provincial Government on August 22, 2018. They are hereby promulgated and shall take effect as of November 1, 2018.

Governor Chen Run'er 
September 6, 2018

Special Provisions for the Labor Protection of Female Employees in Henan 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 health, in accordance with the Labor Law of the People’s Republic of China and the State Council’s... Special Provisions for the Labor Protection of Female Employees These Provisions are formulated in accordance with relevant laws and regulations, combined with the actual conditions of this province. 
Article 2: This regulation applies to employers—including state organs, enterprises, public institutions, social organizations, individual economic organizations, and other social organizations—within the administrative region of this province, as well as their female employees. 
Article 3: People's governments at or above the county level shall strengthen their leadership over the labor protection of female employees and coordinate to resolve major issues in the field of female employees' labor protection. 
The administrative departments of human resources and social security, safety production supervision and management, health, and family planning under the people's governments at or above the county level shall, in accordance with their respective responsibilities, perform supervisory and administrative duties for the labor protection of female employees. 
Article 4: Trade unions and women’s organizations shall, in accordance with the law, safeguard the legitimate rights and interests of female employees and, in accordance with the law, supervise the employers’ efforts to protect the labor rights of female employees. 
The trade union of the employer and the organization for female employees shall assist and supervise their respective units in carrying out labor protection work for female employees. 
Article 5: Employers shall establish and improve a sound system for the protection of female employees’ labor rights, implement all relevant national and provincial regulations on the protection of female employees’ labor, and effectively carry out labor protection work for female employees within their own organizations. 
Article 6: Women enjoy the same rights as men with regard to labor and employment. In terms of remuneration, equal pay for equal work shall be implemented for both men and women. Except for jobs or positions that are unsuitable for women, employers shall not discriminate against women when assigning posts or reducing staff. 
Article 7: When an employer enters into a labor (employment) contract with a female employee, it shall inform her in writing of the job positions involving prohibited types of work, the occupational hazards and consequences that may arise during the course of work, the occupational protection measures to be taken, and the employer’s system for protecting female employees’ labor rights. 
Employers shall not include in labor (employment) contracts any provisions that restrict female employees’ legitimate rights and interests, such as their right to marry or bear children. Employers shall not reduce the wages or welfare benefits of female employees, limit their opportunities for promotion, advancement, or professional title evaluation and appointment, dismiss them, or unilaterally terminate their labor (employment) contracts on the grounds of their marriage, pregnancy, maternity leave, or breastfeeding. 
If a labor (employment) contract expires while the employee is still pregnant, in the postpartum period, or breastfeeding, the labor (employment) contract shall be automatically extended until the end of the pregnancy, postpartum period, or breastfeeding period. 
Article 8: When an employer enters into a collective contract or a special collective contract for the protection of women employees’ rights and interests with its employees, it shall clearly specify the contents related to labor protection for female employees. Among the employee representatives participating in the negotiation of the collective contract or the special collective contract for the protection of women employees’ rights and interests, there shall be female employee representatives. 
When an employing unit uses female dispatched workers, the labor dispatch agreement concluded with the labor dispatch agency shall clearly specify the provisions for the protection of female employees' labor rights. 
Article 9: Upon the employee’s request, the employer shall provide the following labor protections to female employees during their menstrual period: 
(1) They shall not be assigned to perform labor prohibited during menstruation as stipulated by the state; instead, they shall be temporarily assigned other suitable work. 
(2) For those engaged in continuous standing work, a 10-minute break shall be scheduled every 2 hours. 
(3) Those suffering from dysmenorrhea or excessive menstrual flow shall be granted 1 to 2 days of rest. 
Employers shall provide each female employee in service with a monthly hygiene allowance of no less than 35 yuan. The associated expenses shall be covered by enterprises from their employee welfare funds; for government agencies and public institutions, the expenses shall be included in the budget according to the current fiscal burden policy. 
Article 10: Employers shall provide the following labor protections to female employees who are pregnant: 
(1) They shall not be assigned to perform labor prohibited during pregnancy as stipulated by the state; instead, they shall be temporarily assigned to other suitable work. 
(2) If an employee is unable to adapt to their original job, their workload shall be reduced or they shall be temporarily assigned to another suitable position. 
(3) For those with a history of threatened miscarriage or recurrent miscarriages, based on certification from medical institutions at or above Level II, appropriate arrangements should be made, such as providing pregnancy-sustaining rest or temporarily reassigning them to positions that do not directly or indirectly pose a risk of miscarriage. 
(4) Employees who are pregnant for less than 3 months and experiencing severe pregnancy reactions, or those who are more than 7 months pregnant, shall not have their working hours extended nor be assigned to night-shift work. Additionally, they must be provided with at least one hour of rest time during each daily working period. 
(5) Time spent on prenatal checkups during working hours shall be counted as part of working hours. 
Article 11: Employers shall provide the following labor protections to female employees who give birth or have an abortion: 
(1) For normal deliveries, maternity leave is 98 days, of which 15 days can be taken before the delivery date. 
(2) Those who give birth to children in compliance with the provisions of the “Henan Province Regulations on Population and Family Planning” shall, in accordance with the law, enjoy the additional leave they are entitled to. 
(3) For difficult deliveries or deliveries via cesarean section, the maternity leave shall be extended by 15 days. 
(4) For each additional infant born in a multiple-birth pregnancy, the maternity leave shall be extended by 15 days. 
(5) For a miscarriage occurring before 4 months of pregnancy, the employee is entitled to 15 days of maternity leave. 
(6) For a miscarriage occurring after four months of pregnancy, the employee is entitled to 42 days of maternity leave. 
(7) Holidays stipulated by other laws, regulations, and rules. 
The benefits for female employees during maternity leave shall be provided in accordance with relevant national and provincial regulations. 
Article 12: Medical expenses incurred by female employees for childbirth or miscarriage shall be paid from the maternity insurance fund for those who have already participated in maternity insurance, according to the items and standards prescribed by the maternity insurance regulations. For those who have not participated in maternity insurance, the expenses shall be borne by the employer. 
Article 13: Employers shall provide the following labor protections to female employees who are breastfeeding infants under one year old: 
(1) They shall not be assigned to perform any work prohibited during the lactation period as stipulated by the state; instead, they shall be temporarily assigned to other suitable tasks. 
(2) Overtime work or night shift work shall not be permitted; 
(3) Arrange a one-hour breastfeeding break during daily working hours; for mothers giving birth to multiple babies, add one hour of breastfeeding time per additional infant each day. 
If an infant reaches the age of one year and is diagnosed by a medical institution at or above Level II as being frail, the female employee may, upon her own request, have her breastfeeding period appropriately extended, but the extension shall not exceed six months at most. 
Article 14: Female employees undergoing contraceptive and fertility procedures such as intrauterine device (IUD) placement (removal), tubal ligation, or tubal reanastomosis shall be entitled to leave and benefits in accordance with relevant laws, regulations, rules, and the provisions of this province’s employee maternity insurance. 
Article 15: For female employees diagnosed with menopausal syndrome by a medical institution at or above Level II, if they submit a request stating that they are unable to adapt to their original job duties, the employer may appropriately reduce their workload or, after mutual consultation, arrange for them to take on other suitable positions. 
Article 16: Employers shall arrange an annual gynecological examination for female employees, with a particular emphasis on specialized examinations of the breasts and cervix. The costs of these examinations shall be borne by the employer, and the examination time shall be counted as working hours. 
Article 17: Employers with a relatively large number of female employees shall, in accordance with regulations and based on the needs of female employees, establish facilities such as women’s health rooms, maternity rest rooms, and lactation rooms, and properly address the difficulties female employees face in matters related to menstrual hygiene and breastfeeding. 
Article 18: Employers shall, in light of their own work and production characteristics, adopt effective measures to prevent and stop female employees from experiencing sexual harassment in the workplace. 
If female employees report or lodge complaints about acts of sexual harassment or other behaviors that endanger their personal safety in the workplace, the employer shall promptly address such issues and, in accordance with the law, protect the personal privacy of female employees. 
Article 19: If an employer violates these regulations and infringes upon the legitimate rights and interests of female employees, the female employees may, in accordance with the law, file complaints, reports, or appeals with the relevant authorities. 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. 
If a female employee files a complaint, report, or appeal in accordance with the law to administrative authorities such as the human resources and social security department, the safety production supervision and administration department, the health and family planning authority, as well as 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, or forward them within three working days to the competent departments or organizations for handling. The results of the investigation and handling shall be promptly notified to the female employee. 
Article 20: If an employer violates these regulations and infringes upon the legitimate rights and interests of female employees, causing them harm, the employer shall bear compensation liability in accordance with the law. If the employer and its directly responsible supervisors and other persons directly liable commit a crime, they shall be held criminally liable in accordance with the law. 
Article 21: If an employer violates these regulations and there are already legal liability provisions stipulated in applicable laws and regulations, the provisions of those laws and regulations shall prevail. 
Article 22: These Regulations shall take effect as of November 1, 2018.