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No. 264 Order of Wuhan Municipal People’s Government
    2017-03-10

 

It is hereby promulgated that the Measures of Wuhan Municipality for the Labor Protection of Female Employees have been adopted at the 132nd Executive meeting of Wuhan Municipal People’s Government on June 8, 2015, and shall be implemented as of September 1, 2015.

 

 

Mayor: Wan Yong

July 6, 2015


Measures of Wuhan Municipality for the Labor Protection of Female Employees

 

Article 1   With a view to mitigating and solving the specific difficulties of female employees caused by their physiological characteristics during their employment and to protecting the health of female employees, these Measures are formulated in accordance with the provisions of the relevant laws and regulations including the Labor Law of the People's Republic of China and the Special Provisions on the Labor Protection of Female Employees (Order No. 619 of the State Council), and in the light of the actual situation of this Municipality.

Article 2   Unless otherwise provided by the laws or regulations, these Measures are applicable to the labor protection of female employees of organs, enterprises, public institutions, social organizations, individual economic organizations and other social organizations within the administrative areas of this Municipality. 

Article 3   The departments of human resources and social security and of work safety at the municipal and district levels (including Wuhan East Lake High-tech Development Zone, Wuhan Economic and Technological Development Zone, Wuhan East Lake Eco-tourism Scenic Spot and Wuhan Chemical Industry Park, the same hereinafter) shall, in line with their respective responsibilities, be responsible for supervising and inspecting the work related to the labor protection of female employees.    

The departments of health, family Planning and public security shall, in line with their respective responsibilities, be responsible for the work related to the labor protection of female employees.

Article 4   The trade unions and women’s federations shall, in accordance with their articles of association and relevant regulations, carry out publicity and education as well as provide consulting and other services related to the labor protection of female employees, with the view to supporting and helping female employees in protecting their legitimate rights and interests. In the event that an employer violates the provisions thereof, the trade union or women’s federation is entitled to reporting such violation to the related department for investigation and punishment; and the latter shall investigate and punish according to the law.

Article 5   Employers shall strengthen the labor protection of and improve the labor hygiene conditions for female employees, as well as provide education on labor safety and hygiene and trainings on safety techniques.

Employers are encouraged to promote and popularize psychological health knowledge of female employees through lectures on psychological health knowledge and psychological consulting services. Employers with conditions permitted are encouraged to carry out general survey on psychological health, establish psychological health records and provide psychological aid services to female employees.

Article 6   Employers shall not include in their labor contracts or employment contracts (hereinafter referred to as the “labor contract” collectively) any content infringing upon the legitimate rights and interests of female employees, such as restricting female employees to getting married or giving birth, or discriminate female employees for the reason of gender in terms of salary adjustment, promotion and professional technical position assessment, etc. 

Article 7   Employers shall, while signing the collective contracts with employees through equal consultation, incorporate the labor protection of female employees into the collective contracts, or may, based on equal consultation, sign with employees the special collective contracts concerning the protection of the rights and interests of female employees.

Article 8   Employers shall abide by the provisions on the scope of labor prohibited for female employees, and shall clearly inform the scope of labor prohibited for female employees when signing the labor contract with female employees. The scope of labor prohibited for female employees are subject to the provisions of the Labor Law of the People's Republic of China and the Special Provisions on the Labor Protection of Female Employees (Order No. 619 of the State Council).

Article 9   Employers shall not dismiss female employees or rescind (or terminate) the labor contracts with female employees on the pretext of pregnancy, giving birth or lactation, unless it is otherwise provided by laws or administrative regulations, or unless the female employees themselves under the abovementioned situation submit resignation or require rescission (or termination) of their labor contracts. 

Article 10   Employers shall provide the labor protection as follows to female employees during their menstruation:

(1) For female employees engaging in the labor prohibited for female employees during the period of menstruation, their employers shall, upon application by such female employees, arrange other suitable work for them; and

(2) For female employees who need to stand for over four hours during their work, their employers shall, upon application by such female employees, arrange appropriate breaks during their working hours.

Employers shall give female employees necessary sanitary articles or subsidies for labor protection as provided.

Article 11   Employers shall provide the labor protection as follows to pregnant female employees:

(1) Employers shall not arrange the labor prohibited for pregnancy, or outdoor work under a temperature of or above 35 centigrade, or indoor work of or above 33 centigrade;

(2) The time for necessary prenatal examination received during the working hours shall be included into the working hours; for those with rated work, their work load shall be reduced accordingly;

(3) Female employees of 28 or more gestational weeks shall not be arranged for night duty or overtime work;

(4) For female employees of 28 or more gestational weeks who cannot adapt to their original work, their employers shall, upon application by such female employees, give them one-hour break a day during the working hours; such break shall be included into the working hours; for those with rated work, their work load shall be reduced accordingly;

(5) For female employees who cannot adapt to their original work during pregnancy, their employers shall, on the strength of the medical certifications issued by the medical institutions of or above Level III or by the medical institutions designated by the employers, reduce their work load, or after reaching an agreement with such female employees, arrange other suitable positions for them, and may adjust their salaries based on the labor contracts that have been changed and the in-house payroll systems; and

(5) Pregnant female employees may leave their posts for rest upon approval by their employers through consultation. For female employees under 28 gestational weeks, their salaries during their leaves shall be determined through consultation between the parties concerned; for female employees of 28 or more gestational weeks, their salaries during their leaves shall not be lower than 75% of their average salary of the previous 12 months before their leaves, and meanwhile, not be lower than the minimum wage standard of this Municipality.  

Article 12   Maternity leave of female employees is subject to the following provisions:

(1) Female employees who suffer a miscarriage within 12 gestational weeks shall be entitled to a maternity leave of 30 days; those who suffer a miscarriage between 12 and 28 gestational weeks shall be entitled to a maternity leave of 45 days; those who suffer an induced labor after 28 gestational weeks shall be entitled to a maternity leave of 98 days;

(2) Female employees shall be entitled to a maternity leave of 98 days after delivery, of which 15 days may be taken before delivery. Premature delivery after 28 gestational weeks or overdue delivery is deemed normal delivery;

(3) In the event of difficult labor, an additional maternity leave of 15 days shall be granted;

(4) An additional maternity leave of 30 days shall be granted to late childbearing female employees, and a nursing leave of 10 days to their spouses; and

(5) In the event of multiple births, an additional maternity leave of 15 days shall be granted for each additional infant.

For the female employees who require rest for medical treatment upon expiry of their maternity leaves, the relevant benefits during the extended leaves are subject to the provisions on the benefits of medical leave and medical insurance.

Article 13   Maternity leaves and nursing leaves shall be deemed normal attendance, and the salaries equivalent to the original salaries before the leaves shall be paid by the employers during such period.

Article 14   The leaves and benefits of the female employees who have had birth-control operations are subject to the relevant provisions of the State and the Province.

Article 15   The medical expenses for delivery or birth-control operation of female employees who have joined the birth insurance shall be paid from the birth insurance fund in accordance with the provisions of this Municipality on the items and standards of birth insurance. For the female employees who have not purchased the birth insurance or whose birth insurance premiums are in arrears, their employers shall make the payment in accordance with the provisions of this Municipality on the items and standards of birth insurance.

Article 16   Employers shall provide the labor protection as follows to female employees who are feeding infants under the age of one:

(1) Employers shall not arrange the labor prohibited for lactation;

(2) Employers shall not arrange overtime work or night duty;

(3) Two feeding breaks of not be less than 30 minutes each shall be given each day. For female employees with multiple births, an extension of not be less than 30 minutes shall be given to each break for each additional infant. The feeding breaks of a day may be combined. For female employees with rated work, their work load shall be reduced accordingly.

If, upon expiry of lactation of female employees, their infants are diagnosed as being debilitated by the medical institutions of or above Level III or by the medical institutions designated by the employers, the employers may extend the lactation of female employees appropriately to a maximum of six months.

Article 17   For female employees who cannot adapt to their original work for the reason of menopause syndrome, their employers may, on the strength of the medical certifications issued by the medical institutions of or above Level III or by the medical institutions designated by the employers, arrange other suitable positions for them after reaching an agreement with such female employees, and may adjust their salaries based on the labor contracts that have been changed and the in-house payroll systems.

Article 18   An employer with over 100 female employees, the majority of whom work together, shall provide facilities including female wash room, rest room for the pregnant, and nursery room, so as to meet the needs of female employees.

Article 19   Employers shall organize a gynecological check-up for female employees every one or two years, and bear the costs thereof. The check-up time shall be deemed the working hours. Employers with conditions permitted are encouraged to organize breast and cervical carcinoma screening regularly for their female employees.

Article 20   Employers shall strengthen protective measures over female employees to prevent and stop the workplace sexual harassment.

Female employees who suffer sexual harassment are entitled to complaining to and seeking help from employers, women’s federations or other relevant organizations; and the latter shall, upon the receipt of complaints, deal with the harassment promptly. Female employees who suffer sexual harassment may also report to a public security organ or bring a civil suit to a people's court.

Units and organizations who are dealing with the complaints against sexual harassment shall protect the privacy of female employees according to the law.

Article 21   Employers who violate the provisions of these Measures shall be punished in compliance with the laws and regulations including the Labor Law of the People's Republic of China, the Special Provisions on the Labor Protection of Female Employees (Order No. 619 of the State Council), and the Regulations on Labor Security and Supervision (Order No. 423 of the State Council).

Article 22   In the event that an employer, in violation of the provisions of these Measures, infringes upon the legitimate rights and interests of female employees, the female employees may, in accordance with the law, make a complaint, report or appeal, or apply for mediation to a mediation organization of labor disputes, or file an arbitration to an arbitration organ of labor disputes. If they are dissatisfied with the arbitration decision, they may lodge a lawsuit to a people's court according to law.

Article 23   An employer who, in violation of the provisions of these Measures, infringes upon the legitimate rights and interests of and thereby causes a loss to female employees, shall assume compensation liability according to the law, and the persons-in-charge directly responsible and other persons directly responsible shall be given administrative sanctions according to law; if a crime is constituted, criminal responsibilities shall be investigated according to law.

Article 24   These Measures shall come into force as of September 1, 2015.

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