Shaanxi Province Implements Special Provisions for the Protection of Female Workers' Labor Rights

Shaanxi Province Implements Special Provisions for the Protection of Female Workers' Labor Rights

Article 1: In order to implement the “Special Provisions on Labor Protection for Female Employees” issued by the State Council and in light of the actual conditions of this province, these Provisions are hereby formulated.

Article 2: These Regulations apply to the labor protection of female employees working for employers—including state organs, enterprises, public institutions, social organizations, individual economic organizations, and other social organizations—within the administrative area of this province.

Article 3: People's governments at or above the county level shall strengthen their leadership over the labor protection of female employees, incorporate the content of female employee labor protection into their respective governments' plans for women's development, and coordinate to resolve major issues arising in the work of protecting female employees' labor rights.

The 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, supervise and inspect employers' implementation of these regulations.

Article 4: Trade unions and women’s organizations shall supervise the labor protection efforts for female employees by employers and safeguard the legitimate rights and interests of female employees in accordance with the law.

Article 5: Employers shall comply with the following provisions:

(1) Establish a labor protection system for female employees;

(2) Clearly designate the agency or personnel responsible for labor protection work for female employees;

(3) Comply with the scope of labor prohibited for female employees as stipulated by the state;

(4) Provide female employees with a working environment, labor conditions, and personal protective equipment that comply with national regulations.

(5) Provide training for female employees on topics including safe production, occupational health, special protection for women, and mental health knowledge.

(6) Other provisions of laws and regulations regarding labor protection for female employees.

Article 6: Women shall enjoy the same rights as men in labor and employment. Except for jobs or positions that are unsuitable for women, employers shall not discriminate against women when recruiting personnel, assigning posts, or laying off employees.

Article 7: Employers shall not restrict or indirectly restrict female employees from marrying or giving birth; nor shall they reduce the wages of female employees, dismiss them, unilaterally terminate their labor or employment contracts, or restrict their promotion, advancement, or appointment to professional and technical positions on the grounds of their marriage, pregnancy, childbirth, or breastfeeding.

If the term of a labor contract or employment contract expires during pregnancy, childbirth, or the lactation period, the labor contract or employment contract shall be automatically extended until the end of the pregnancy, childbirth, or lactation period, unless the female employee requests to terminate the labor contract or employment contract.

Article 8: When an employer enters into a collective contract or a special collective contract for the protection of female employees' rights and interests with a worker, it shall clearly specify the contents related to the labor protection of female employees.

Among the worker representatives participating in the negotiation of a collective contract or a special collective contract for the protection of women workers’ rights and interests, there shall be female worker representatives.

When an employing unit uses female dispatched workers, the labor dispatch agreement entered into with the labor dispatch agency shall clearly specify the provisions for the protection of female employees' labor rights.

Article 9: When hiring female employees, the employer shall inform the female employees in writing of the following matters:

(1) This unit’s positions fall within the scope of jobs prohibited for female employees.

(2) Potential occupational hazards;

(3) Occupational protective measures that female employees should adopt;

(4) Special benefits for positions that may pose occupational hazards;

(5) Other matters that should be disclosed.

Article 10: If a female employee is unable to work normally due to severe dysmenorrhea or excessive menstrual flow, and this is certified by a medical institution at or above Grade II, the employer shall grant the employee one to two days of rest.

The employer may provide each female employee who is currently employed with necessary sanitary products or a monthly allowance for sanitary care.

Article 11: For female employees who have a history of two or more miscarriages, currently have no children, and are planning to have children, if their current job is not suitable for them, the employer may, upon the employee’s application and with the agreement of both parties based on a certificate issued by a medical institution at or above Grade II, reassign the female employee to an appropriate position.

Article 12: Employers shall provide the following labor protections for female employees who are pregnant:

(1) If there is a work quota, reduce the corresponding workload;

(2) If an employee is unable to perform her original job during pregnancy, the employer, based on a certificate from a medical institution at or above Grade II, shall reduce her workload or, with her consent, temporarily reassign her to a job she can reasonably perform.

(3) 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. During each day’s working period, they shall be provided with at least one hour of rest time. Female employees engaged in standing work shall be provided with resting seats at their workplaces.

(4) Time spent on prenatal examinations conducted in accordance with regulations during working hours shall be counted as part of working hours.

Article 13: If a pregnant female employee shows signs of threatened miscarriage or has a history of recurrent miscarriages, the employer may, upon presentation of a certificate from a medical institution at or above Grade II and at the employee’s request, arrange appropriate rest periods for pregnancy preservation. If the employee’s situation complies with national regulations on childbirth, the duration of such pregnancy-preserving rest shall be treated as sick leave.

Article 14: Employers shall, in accordance with the law, ensure that female employees who give birth or terminate a pregnancy enjoy the following labor protections:

(1) For normal deliveries, maternity leave is 98 days, of which 15 days can be taken before the delivery date.

(2) In the case of difficult labor or delivery by cesarean section, the maternity leave shall be extended by 15 days.

(3) For each additional infant born in a multiple-birth pregnancy, the maternity leave shall be extended by 15 days.

(4) For a miscarriage occurring before 4 months of pregnancy, take 15 days of maternity leave.

(5) For a miscarriage occurring between 4 and 7 months of pregnancy, the employee is entitled to 42 days of maternity leave.

(6) For termination of pregnancy after seven months of gestation that complies with national birth regulations, a maternity leave of 98 days shall be granted.

(7) Other maternity leave provisions stipulated by laws and regulations.

During maternity leave, benefits shall be provided in accordance with national and provincial laws and regulations.

Article 15: If a female employee is breastfeeding an infant under one year old, the employer shall provide the following labor protections:

(1) Overtime work or night shift work shall not be permitted;

(2) If there is a work quota, reduce the corresponding workload;

(3) During daily working hours, an employee shall be allocated one hour for breastfeeding. In the case of multiple births, an additional hour of breastfeeding time shall be added each day for each additional infant breastfed. Breastfeeding time may be used in one continuous session or in separate sessions; such breastfeeding time shall be counted as part of working hours.

(4) Other breastfeeding leave stipulated by laws and regulations.

Article 16: Employers shall, in accordance with national regulations, regularly organize female employees to undergo occupational health examinations and shall inform the female employees in writing and truthfully of the examination results. Employers may arrange for female employees to undergo gynecological examinations once a year. The time spent on occupational health examinations and gynecological examinations shall be counted as working hours, and the costs of these examinations shall be borne by the employer.

Encourage employers with the necessary conditions to organize regular breast cancer and cervical cancer screenings for female employees.

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. The usable area of these facilities should generally be no less than 10 square meters, and employers shall take appropriate measures to address the difficulties faced by female employees engaged in mobile or dispersed work regarding physiological hygiene and breastfeeding, among other related issues.

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 that endanger their personal safety, such as sexual harassment, in the workplace, the employer shall promptly address these issues and protect the female employees’ personal privacy in accordance with the law.

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 administrative authorities, or they may, also in accordance with the law, apply for arbitration at a labor and personnel dispute arbitration institution. If they disagree with the arbitration award, they may, in accordance with the law, bring a lawsuit before the People’s Court.

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. The competent authorities shall impose lawful disciplinary measures on the directly responsible supervisors and other persons directly liable within the employer. If the case involves criminal offenses, it shall be referred to the judicial authorities for prosecution and criminal liability pursued in accordance with the law.

Article 21: For acts that violate these regulations, if the applicable laws and regulations already stipulate legal liabilities, such provisions shall prevail.

Article 22: These Regulations shall take effect as of March 1, 2018.