Date issued: 04-28-2012
Effective date: 04-28-2012
Issuing authority: State Council
Area of law: Civil Law,Trade Unions
Order of the State Council
The Special Rules on the Labor Protection of Female Employees, as adopted at the 200th executive meeting of the State Council on April 18, 2012, are hereby issued, and shall come into force on the date of issuance.
Premier: Wen Jiabao
April 28, 2012
Special Rules on the Labor Protection of Female Employees
Article 1 These Rules are formulated in order to reduce and resolve the special difficulties which female employees may have in the course of their labor due to their physiological characteristics, and to protect their health.
Article 2 These Rules shall apply to employers such as state organs, enterprises, public institutions, social organizations, individual economic organizations and other social organizations within the territory of the People’s Republic of China and their female employees.
Article 3 Employers shall strengthen the labor protection of female employees, take measures to improve labor safety and health conditions for female employees, and provide training on labor safety and health knowledge to female employees.
Article 4 Employers shall abide by the provisions on the scope of prohibited labor for female employees. An employer shall notify in writing the female employees of the positions which fall within the scope of prohibited labor for female employees.
The scope of prohibited labor for female employees shall be listed in the Annex to these Rules. The work safety administrative department of the State Council shall, jointly with the administrative department of human resources and social security of the State Council and the health administrative department of the State Council, make adjustments to the scope of prohibited labor for female employees in light of economic and social development.
Article 5 No employer shall reduce the wages of, dismiss, or rescind the labor or employment contract with a female employee due to pregnancy, childbirth or breast feeding.
Article 6 Where a female employee is no longer competent at her original labor during the period of pregnancy, the employer shall, based on the certificate of a medical institution, reduce the volume of labor or arrange other labor that she is competent at.
The employer shall not prolong labor hours or arrange night-shift labor for female employees in or after the seventh month of pregnancy and shall give certain rest time during their labor hours.
The time spent by pregnant female employees on antenatal examination during labor hours shall be included in labor hours.
Article 7 The maternity leave of female employees shall be 98 days, including 15 days of antenatal leave. An extra maternity leave of 15 days shall be granted in case of dystocia. Female employees who bear more than one baby in a single birth shall be granted an extra maternity leave of 15 days for each additional baby borne.
Female employees who have a miscarriage before the fourth month of pregnancy shall be granted 15 days of maternity leave; and female employees who have a miscarriage in or after the fourth month of pregnancy shall be granted 42 days of maternity leave.