Implementation Measures for Labor Protection of Female Employees in Guangdong Province

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

Article 2: These Measures apply to the labor protection of female employees working for employers—including state organs, enterprises, public institutions, social organizations, individually-owned economic entities, and other social organizations—within the administrative region 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.

The human resources and social security administrative departments and the safety production supervision and management departments of people's governments at or above the county level shall, in accordance with their respective responsibilities, conduct supervision and inspection of the labor protection work for female employees in employing units.

Article 4: Trade unions and women’s organizations shall, in accordance with the law, supervise the labor protection efforts for female employees by employers and provide support and assistance to female employees in safeguarding their legitimate rights and interests.

Article 5: Employers shall establish and improve a sound system for the protection of female employees’ labor rights, enhance the safety and health conditions of female employees’ workplaces, and strengthen training in occupational safety and health knowledge for female employees.

Article 6: Employers shall comply with the provisions regarding the scope of labor prohibited for female employees. Employers shall inform female employees in writing of the positions within their organization that fall within the scope of labor prohibited for female employees.

The scope of labor prohibited for female employees shall be implemented in accordance with the provisions of the "Special Provisions on the Protection of Female Employees' Labor."

Article 7: Employers shall not include in labor contracts or employment contracts any provisions that restrict female employees’ legitimate rights and interests, such as their right to marry or bear children. Nor shall employers discriminate against or impose restrictions on female employees in areas such as salary adjustments and promotion opportunities based on gender.

Article 8: For female employees engaged in standing work for more than four consecutive hours, the employer shall, upon their request during menstruation, arrange appropriate breaks for them.

The employer may provide female employees with necessary sanitary supplies or labor protection hygiene allowances each month.

Article 9: If a female employee needs to undergo a premarital medical examination during working hours, the employer shall provide convenience.

Article 10: During a female employee’s pregnancy, the employer shall comply with the following provisions:

(1) If a female employee is unable to adapt to her original job, she shall, based on certification from a medical institution, have her workload reduced or be assigned to another suitable position.

(2) If a female employee is diagnosed by a medical institution as needing bed rest to maintain the pregnancy, the duration of such bed rest shall be treated as sick leave.

(3) Female employees who are more than seven months pregnant shall be granted one hour of break time per day. Such break time shall be treated as regular working hours and paid at the rate applicable to normal working hours. They shall not be required to work overtime or engage in night-shift work. For female employees engaged in standing work, rest seats shall also be provided at their workplaces.

(4) Time spent by female employees on antenatal check-ups during working hours, as prescribed, shall be regarded as normal working time and paid at the rate of regular working-hour wages.

Article 11: Female employees who give birth are entitled to 98 days of maternity leave, of which 15 days may be taken before delivery. In the event of a difficult childbirth, an additional 30 days of maternity leave shall be granted. For each additional infant born in a multiple-birth delivery, an extra 15 days of maternity leave shall be provided. Employees who give birth in compliance with applicable laws and regulations shall enjoy reward leave in accordance with the relevant provisions of the “Guangdong Province Regulations on Population and Family Planning.”

For female employees who terminate a pregnancy before four months of gestation, they shall be entitled to 15 to 30 days of maternity leave based on the opinion of the medical institution. For those who terminate a pregnancy between four and seven months of gestation, they shall be entitled to 42 days of maternity leave. For those who terminate a pregnancy at or after seven months of gestation, they shall be entitled to 75 days of maternity leave.

If the “Regulations on Maternity Insurance for Employees of Guangdong Province” stipulate a different number of days of maternity leave for female employees entitled to maternity allowances than that provided in paragraph 2 of this article, the provisions of paragraph 2 of this article shall prevail.

Article 12: The duration of leave for female employees undergoing family planning procedures shall be governed by the relevant regulations of the state and the province.

Article 13: Female employees who take maternity leave or leave for planned birth procedures in accordance with regulations shall enjoy maternity insurance benefits as prescribed by the state and the province. If the employer has not participated in maternity insurance or has failed to pay the maternity insurance premiums, resulting in the female employee being unable to receive maternity insurance benefits, the employer shall pay the female employee the maternity insurance benefits according to the standards stipulated by this province and the relevant integrated regional area. In cases where the maternity allowance is lower than the female employee’s original wage standard, the employer shall also make up the difference.

The “original wage standard” referred to in the preceding paragraph means the monthly average wage of the female employee for the 12 months immediately preceding the period during which she legally enjoys maternity leave or leave for family planning surgery. The monthly average wage for the 12-month period shall be calculated based on the employee’s total remuneration to which she is entitled, including hourly wages, piece-rate wages, as well as monetary income such as bonuses, allowances, and subsidies. If the monthly average wage for the 12-month period is lower than the female employee’s regular working-hour wage, the calculation shall be based on the regular working-hour wage standard. If a female employee has worked at the employer for less than 12 months prior to taking leave, her leave entitlement shall be calculated based on the actual number of months she has been employed.

Article 14: If a female employee undergoes an induced abortion during pregnancy, the employer may, based on the actual conditions of its own unit, provide a one-time nutritional allowance.

Article 15: Upon a female employee’s return to work after her maternity leave, the employer shall provide a period of 1 to 2 weeks for adaptation.

Article 16: If a female employee finds it genuinely difficult to return to work after her maternity leave expires, she may, upon her own application and with the approval of her employer, take breastfeeding leave until the infant reaches one year of age. The salary and benefits during the breastfeeding leave period shall be determined through mutual negotiation between the two parties.

Article 17: Employers shall not extend working hours or assign night shifts to female employees who are breastfeeding infants under the age of one year.

The employer shall arrange one hour of breastfeeding time for female employees during their daily working hours. If a female employee gives birth to multiple babies, an additional hour of breastfeeding time shall be provided for each additional infant per day. The time spent breastfeeding and the time spent traveling to and from the workplace for breastfeeding purposes shall be considered as regular working hours and shall be paid at the rate applicable to normal working hours.

Article 18: Employers with a relatively large number of female employees shall, according to the needs of female employees, provide facilities such as female employee health rooms, maternity rest rooms, and lactation rooms.

Article 19: If a female employee is diagnosed by a medical institution at or above Grade II as suffering from menopausal syndrome and is no longer suited to her original job, upon her own application, the employer shall appropriately reduce her workload or, through mutual consultation, arrange for her to take on another suitable position.

Article 20: Employers may organize gynecological examinations for female employees once every one to two years. Employers with the necessary resources are encouraged to regularly arrange screening for breast cancer and cervical cancer for their female employees.

Article 21: Employers shall strengthen preventive measures in the workplace to prevent and stop sexual harassment of female employees.

If a female employee experiences sexual harassment in the workplace and reports or files a complaint with her employer, the employer shall promptly address the issue and protect the female employee’s personal privacy in accordance with the law.

Article 22: If an employer violates the provisions of these Measures and is subject to administrative penalties, the administrative department of human resources and social security or the department for safety production supervision under the people's government at or above the county level shall impose penalties in accordance with the provisions of laws and regulations such as the Labor Law of the People's Republic of China and the Special Provisions on the Protection of Female Workers' Labor.

Article 23: If an employer violates the provisions of these Measures 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 for mediation to a labor and personnel dispute mediation organization or submit an arbitration application to a labor and personnel dispute arbitration institution. If dissatisfied with the arbitration award, they may, in accordance with the law, bring a lawsuit before the People’s Court.

Article 24: If an employer violates the provisions of these Measures, infringes upon the legitimate rights and interests of female employees, and causes them harm, the employer shall bear compensation liability in accordance with the law. The directly responsible person-in-charge and other persons directly liable within the employer shall be dealt with according to law. If the case involves criminal offenses, it shall be referred to the judicial authorities for handling in accordance with the law.

Article 25: These Measures shall take effect as of February 1, 2017. The “Implementation Measures for the Labor Protection of Female Employees in Guangdong Province,” issued by the People’s Government of Guangdong Province on January 29, 1989 (Guangdong Provincial Government Document No. 16 [1989]), shall be repealed concurrently.