Special Rules on the Labor Protection of Female Employees(2012)

Article 8 The maternity subsidy for female employees who have participated in maternity insurance during their maternity leave shall be paid by the maternity insurance fund and calculated on the basis of the average monthly wages of employees paid by employers during the previous year; and the maternity subsidy for female employees who have not participated in maternity insurance shall be paid by the employers and calculated on the basis of the wages of female employees prior to their maternity leave.

The medical expenses for the childbirth or miscarriage of female employees who have participated in maternity insurance shall be paid by the maternity insurance fund on the basis of the prescribed maternity insurance items and standards; and the medical expenses for those female employees who have not participated in maternity insurance shall be paid by the employers.

Article 9 No employer shall prolong labor hours or arrange night-shift labor for female employees who have to feed a baby under the age of one.

Employers shall, within the labor hours every day, arrange one hour of feeding time for female employees during lactation period; and female employees who have borne more than one baby in a single birth shall be granted an extra feeding time of one hour for each additional baby fed.

Article 10 The employers with a relatively large number of female employees shall, based on their demand, establish facilities such as clinics for female employees, lounges for pregnant women and feeding rooms, and shall properly resolve the physiological, health and feeding difficulties encountered by their female employees.

Article 11 Employers shall prevent and prohibit the sexual harassment of female employees in their work places.

Article 12 The administrative department of human resources and social security and the work safety administrative department of the people’s government at or above the county level shall, in light their respective duties, be responsible for supervising and inspecting employers’ compliance with these Rules.

Trade unions and women’s organizations shall supervise the employers’ compliance with these Rules pursuant to law.

Article 13 Where an employer violates paragraph 2 of Article 6, Article 7 or paragraph 1 of Article 9 of these Rules, the administrative department of human resources and social security of the people’s government at or above the county level shall order the employer to make corrections within a prescribed time limit, and impose a fine of not less than 1,000 yuan but not more than 5,000 yuan on the employer for each female employee whose right has been infringed upon.

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  Source: ACFTU  2014-08-26

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