Article 1 In order to protect the safety and health of female employees at work and safeguard the legitimate rights and interests of female employees, these Measures are formulated in accordance with the Labor Law of People's Republic of China (PRC), the Special Provisions on Labor Protection of Female Employees and other laws and regulations, combined with the actual situation of this province.
Article 2 These Measures shall apply to the labor protection of female workers in state organs, enterprises, institutions, social organizations, individual economic organizations, private non-enterprise units and other social organizations within the administrative area of this province.
Article 3 The people's governments at or above the county level shall strengthen the leadership over the labor protection of female employees, incorporate the labor protection of female employees into the women's development plan, and supervise the implementation; Take measures to safeguard the legitimate rights and interests of female employees and give support to enterprises that have made outstanding achievements in the labor protection of female employees.
Article 4 The departments and institutions of human resources and social security, emergency management, health and medical security of the people's governments at or above the county level shall establish and improve the joint incentive mechanism of labor protection and trustworthiness and the joint disciplinary mechanism of dishonesty of female employees in the employing units, and supervise and inspect the labor protection of female employees in the employing units according to their respective functions and duties.
Article 5 Trade unions and women's federations shall, according to law, supervise the labor protection work of female employees of the employing units, and support and help female employees to safeguard their legitimate rights and interests.
Article 6 The employing unit shall establish and improve the labor protection system for female employees, take measures to improve the labor safety and health conditions of female employees, and train female employees in labor safety, occupational health, mental health and other knowledge.
Encourage employers to designate specialized agencies or personnel to be responsible for the labor protection of female employees.
Article 7 The employing unit shall abide by the provisions of the state on the scope of work prohibited for female employees, inform the female employees in writing of the positions within the scope of work prohibited for female employees, the occupational hazards that may occur in the labor process and their consequences, and implement the occupational hazard protection measures and treatment.
Article 8 An employing unit shall not commit any of the following acts that infringe upon the legitimate rights and interests of female employees:
Refuse to hire women or raise the employment standards for women on the grounds of sex, except for jobs or posts that are not suitable for women as stipulated by the state;
Restricting or disguised restricting the marriage and childbirth of female employees;
Due to marriage, pregnancy, childbirth and breastfeeding, the wages and benefits of female employees are reduced, their promotion, promotion and evaluation of professional and technical positions are restricted, and the labor contract, employment contract or dismissal are unilaterally terminated;
Other circumstances stipulated by laws and regulations.
Article 9 The employing unit shall provide menstrual protection for female employees in accordance with the following provisions:
Failing to arrange work prohibited by the state during menstruation;
Those who stand or walk for a long time should properly arrange rest;
Medical institutions diagnosed with dysmenorrhea or menorrhagia and applying for rest shall be handled in accordance with the relevant provisions of the state on sick leave.
Article 10 When a pregnant female worker applies, the employing unit may give protection according to the scope of labor prohibited during pregnancy as stipulated by the state.
Article 11 The employing unit shall protect female employees during pregnancy in accordance with the following provisions:
Failing to arrange to engage in labor prohibited by the state during pregnancy;
Can not adapt to the original arrangement of labor, according to the diagnosis of medical institutions to reduce their workload or arrange other adaptable labor;
Working hours for prenatal examination, the time required is included in working hours;
If the pregnancy is less than 3 months and the pregnancy reaction is serious, arrange a certain rest time during working hours;
Those who are pregnant for more than 7 months shall not extend their working hours or arrange their night work, and arrange their rest time not less than 1 hour during daily working hours.
If it is really difficult for pregnant female workers to go to work and apply for rest after leaving their posts, they may consult with the employer.
Article 12 Female employees shall enjoy 98 days of maternity leave, including 15 days before delivery; In case of dystocia, maternity leave shall be increased 15 days; For multiple births, the maternity leave will be increased by 1 5 days for each additional child.
Couples who have children in accordance with laws and regulations are given 60 days maternity leave for female employees and 7 days nursing leave for male employees.
Female employees who miscarry less than 4 months after pregnancy are entitled to 15 days maternity leave; Abortion after 4 months of pregnancy is entitled to 42 days of maternity leave.
Thirteenth female workers enjoy maternity insurance benefits during maternity leave or family planning operation, in accordance with the relevant provisions of the state and province.
Article 14 If a female employee goes to work after the maternity leave expires, the employer may give her 1 to 2 weeks to adapt.
If a female employee cannot work normally due to physical reasons after the expiration of maternity leave, it shall be implemented in accordance with the relevant provisions of the state on sick leave after being certified by a medical institution.
Article 15 If a female employee breast-feeds a baby under 1 one year old, the employer shall not arrange for her to engage in work prohibited by the state during breastfeeding, and shall not extend her working hours or arrange for her to engage in night work.
The employer shall arrange 1 hour breastfeeding time for lactating female employees during daily working hours; If a female worker gives birth to multiple births, the breastfeeding time will increase by 1 hour every day for each additional birth 1 baby.
Breast-feeding time for female employees can be used once or twice a day, and breast-feeding time does not include necessary round-trip time; If a female worker is engaged in labor with quota assessment, the employer shall deduct the corresponding labor quota for her breastfeeding time.
Article 16 If a female employee is diagnosed by a medical institution that perimenopausal syndrome cannot adapt to the original job and applies for job adjustment, the employer shall arrange other jobs that she can adapt to.
Seventeenth enterprises should conduct collective consultation with employees on the labor protection of female employees, sign a special collective contract for the protection of the rights and interests of female employees or incorporate the labor protection of female employees into the collective contract; Female workers' representatives shall be invited to participate in collective consultation.
Article 18 An employing unit with a large number of female employees shall provide facilities such as a female employee's health room, a pregnant woman's lounge or a nursing room according to the needs of female employees.
Nineteenth in the workplace, the employer shall prevent and stop sexual harassment of female employees.
If a female worker is sexually harassed in the workplace and reports or complains to the employer, the employer shall promptly and properly handle it; If a case is reported to the public security organ or a civil lawsuit is brought to the people's court, the employing unit shall give support.
When dealing with sexual harassment of female employees, the relevant units shall protect the personal privacy of female employees according to law.
Twentieth employers should organize female workers to have a gynecological examination every 2 years; If the inspection is organized during working hours, the inspection time will be included in working hours.
Encourage employers to organize regular screening of breast cancer and cervical cancer for female employees, provide health knowledge lectures, psychological counseling and other services for female employees, and distribute necessary sanitary products to female employees.
Twenty-first employers in violation of the provisions of these measures, against the legitimate rights and interests of female workers, female workers can complain to the relevant organs and organizations, report, appeal or apply for mediation and arbitration.
Twenty-second enterprises do not fulfill the collective contract or special collective contract for the protection of women workers' rights and interests, which infringes on the legitimate rights and interests of women workers, and their trade union organizations shall promptly report the situation to the relevant departments and require the enterprises to bear the responsibilities according to law; Disputes arising from the performance of the collective contract or the special collective contract for the protection of women workers' rights and interests cannot be resolved through consultation, the trade union organization may apply for mediation, arbitration or bring a lawsuit according to law.
Twenty-third employers who violate the provisions of these measures and infringe upon the legitimate rights and interests of female employees shall be punished by the human resources and social security departments of the people's governments at or above the county level.
Article 24 Where the departments and institutions of human resources and social security, emergency management, health and medical security of the people's government at or above the county level and their staff abuse their powers, neglect their duties, engage in malpractices for selfish ends and infringe upon the legitimate rights and interests of female workers, the directly responsible person in charge and other directly responsible personnel shall be punished according to law.
Article 25 The term "medical institutions" as mentioned in these Measures refers to medical institutions at or above the second level or medical institutions designated by the employing units.
Article 26 These Measures shall come into force on March 20 19 1 day. 1991On August 23rd, the People's Government of Shandong Province promulgated the Measures for Implementing the Provisions on Labor Protection of Female Workers in Shandong Province, which shall be abolished at the same time.