Special Provisions on Labor Protection for Female Employees in Hebei Province

Hebei Provincial People's Government Order 
(No. 3 of 2016)

The “Special Provisions on Labor Protection for Female Employees in Hebei Province” were discussed and adopted at the 96th Executive Meeting of the Provincial Government on October 31, 2016. They are hereby promulgated and shall take effect as of January 1, 2017.

Governor Zhang Qingwei 
November 18, 2016

Special Provisions on Labor Protection for Female Employees in Hebei 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 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, individually-owned economic organizations, and other social organizations—within the administrative jurisdiction 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 take measures to safeguard their legitimate rights and interests. 
Article 4: Employers shall fulfill the following obligations: 
(1) Establish and improve the labor protection system for female employees; 
(2) Take measures to improve the working environment and labor conditions for female employees; 
(3) Provide female employees with training on occupational safety, occupational health, and mental health knowledge. 
(4) Provide female employees in writing with information about the job positions within this unit that fall within the scope of labor prohibited for female workers. 
(5) Prevent and stop sexual harassment of female employees in the workplace. 
Article 5: 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. 
Employers shall not reduce the wages of female employees, dismiss them, or terminate their labor contracts or employment contracts on the grounds of their marriage, pregnancy, childbirth, or breastfeeding. This does not apply, however, if the female employee herself requests to terminate her labor contract or employment contract. 
Article 6: Enterprises within the administrative jurisdiction of this province and public institutions managed in an enterprise-like manner shall conduct collective consultations with female employees on matters related to the protection of female workers’ labor rights and conclude a special collective contract for the protection of female employees’ rights and interests. 
Article 7: Employers shall provide the following labor protections to female employees during their menstrual period:  
(1) No labor prohibited during menstruation shall be assigned; 
(2) For those engaged in standing work for more than four consecutive hours, appropriate break periods shall be arranged for them upon their own application. 
(3) Employees who are certified by a medical institution as suffering from severe dysmenorrhea and unable to work normally shall be granted one to two days of rest. 
The employer shall provide each female employee on the job with a monthly hygiene allowance of 30 yuan or equivalent sanitary products. The provincial people’s government shall adjust the allowance standard accordingly based on socio-economic development, rising prices, and increases in employees’ wage levels. 
Article 8: Employers shall provide the following labor protections to female employees who are pregnant: 
(1) Do not assign work that is contraindicated during pregnancy; 
(2) Time spent on prenatal examinations during working hours shall be counted as part of working hours. 
(3) If an employee is unable to adapt to their original job, based on certification from a medical institution, their workload shall be reduced or they shall be assigned to other suitable work. 
(4) Employees diagnosed by a medical institution as needing bed rest for pregnancy preservation shall be granted leave. 
(5) For employees who are more than seven months pregnant, working hours shall not be extended, and no night shifts shall be scheduled. Adequate rest breaks shall be provided during working hours. If there is a prescribed work quota, the corresponding workload shall be reduced. Female employees engaged in standing work shall be provided with resting seats at their workplaces. 
Female employees with a history of two or more spontaneous miscarriages and who currently have no children shall, upon their own application, be temporarily reassigned to work positions that do not pose a risk of causing miscarriage. 
Article 9: Female employees who give birth in compliance with applicable laws and regulations shall, in addition to the 98-day maternity leave prescribed by the state, be entitled to an extended maternity leave of 60 days. Of this extended leave, 15 days may be taken before delivery. In cases of difficult childbirth, an additional 15 days of maternity leave shall be granted. For each additional infant born in a multiple-birth pregnancy, an extra 15 days of maternity leave shall be provided. 
For female employees who have a miscarriage before four months of pregnancy, they are entitled to 15 days of maternity leave. For those who have a miscarriage after four months of pregnancy, they are entitled to 42 days of maternity leave. If pregnancy is terminated after seven months, in addition to the standard 42-day maternity leave, with the agreement of the employer, they may also enjoy an extended leave of up to 56 days. 
Article 10: During a female employee’s maternity leave, the maternity allowance shall be paid by the maternity insurance fund according to regulations for those who have already participated in maternity insurance. For those who have not participated in maternity insurance, the allowance shall be paid by the employer based on the female employee’s wage standard prior to maternity leave. 
Medical expenses for female employees' childbirth or miscarriage shall be paid according to the items and standards stipulated by the maternity insurance if the employee has participated in maternity insurance; if the employee has not participated in maternity insurance, the expenses shall be borne by the employer. 
Article 11: Employers shall provide the following labor protections to female employees during the lactation period: 
(1) Do not assign work that is contraindicated during the lactation period; 
(2) For employees who are breastfeeding infants under one year old, working hours shall not be extended, and no night shifts shall be scheduled. 
(3) During daily working hours, female employees who are breastfeeding shall be granted one hour of breastfeeding time. For employees giving birth to multiple babies, an additional hour of breastfeeding time shall be added for each additional infant per day. The breastfeeding time may be used in a single block, in separate segments, or converted into a specified number of days’ worth of time. 
(4) Upon completion of the maternity leave period and upon the employee’s application and the employer’s approval, the breastfeeding period may be extended until the infant reaches one year of age. The benefits during the leave period shall be determined through mutual negotiation between the two parties. 
(5) After the infant reaches one year of age and is diagnosed by a medical institution as being frail, the female employee’s breastfeeding period may be appropriately extended, but not for longer than six months at most. 
Article 12: Employers with a relatively large number of female employees shall, based on the needs of female employees, establish facilities such as female employee health rooms, maternity rest rooms, and lactation rooms. 
Encourage public places such as airports, stations, hospitals, and shopping malls to provide facilities like rest areas and nursing rooms for pregnant and breastfeeding female employees. 
Article 13: If a female employee is diagnosed by a medical institution as suffering from severe menopausal syndrome and is unable to work normally, her workload may be appropriately reduced, or, with the mutual consent of both parties, she may be reassigned to a suitable position. 
Article 14: Employers shall arrange at least one gynecological examination per year for female employees. The time spent on the examination shall be counted as working hours, and the cost of the examination shall be borne by the employer. Employers with sufficient resources may periodically organize screening tests for female employees to detect breast cancer and cervical cancer. 
Article 15: For female employees engaged in work involving occupational hazards, the employer shall arrange for them to undergo pre-employment, periodic, and post-employment occupational health examinations. The costs of these examinations shall be borne by the employer. 
Article 16: If Women’s Day falls on a workday, female employees shall be granted half a day off. 
Article 17: 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, supervise and inspect employers' compliance with these Regulations. The human resources and social security administrative department shall incorporate information on enterprises’ fulfillment of their obligations to protect female employees’ labor rights into the enterprise’s labor protection compliance and integrity rating system. 
Trade unions and women’s organizations shall, in accordance with the law, supervise employers’ compliance with these regulations. 
Article 18: If an employer violates the provisions of Article 6 of these Regulations by failing to fulfill the special collective contract for the protection of female employees’ rights and interests and thereby infringing upon the legitimate rights and interests of female employees, the employer’s trade union shall promptly report the situation to the relevant authorities and, in accordance with the law, demand that the employer assume responsibility. In the event of a dispute arising from the implementation of the special collective contract for the protection of female employees’ rights and interests that remains unresolved despite negotiation, the employer’s trade union may, in accordance with the law, apply for mediation and arbitration or file a lawsuit. 
Article 19: If an employer violates the provisions of Article 7, paragraph 1, Article 8, paragraph 1, and Article 11, paragraph 1 of these Regulations, the safety production supervision and administration department of the people's government at or above the county level shall impose administrative penalties in accordance with relevant laws and regulations. 
Article 20: If an employer violates the provisions of Item 5 of Article 8, Article 9, or Item 2 of Article 11 of these Regulations, the administrative department of human resources and social security under the people's government at or above the county level shall order it to make corrections within a specified time limit and impose a fine calculated at a rate of between 1,000 yuan and 5,000 yuan per female employee whose rights have been infringed. 
Article 21: If an employer violates these regulations and infringes upon the legitimate rights and 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 mediation and arbitration institutions in accordance with the law. If they disagree with the arbitration award, they may file a lawsuit with the People’s Court in accordance with the law. 
When the administrative departments of human resources and social security, safety production supervision and management, health and family planning, as well as trade unions and women’s organizations receive complaints, reports, or appeals from female employees, they shall promptly investigate and handle them in accordance with the law, or forward them to the competent authorities for investigation and handling. The results of the investigation and handling shall be communicated to the female employees. 
Article 22: If an employer violates these regulations and infringes upon the legitimate rights and interests of female employees, causing them harm, the employer shall provide compensation 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 23: These Regulations shall take effect as of January 1, 2017.