20 17 full text of special labor protection provisions for female employees
Article 1 These Regulations are formulated in accordance with the Labor Law in order to reduce and solve the special difficulties caused by the physiological characteristics of female employees at work and protect their health.
Article 2 These Regulations shall apply to state organs, enterprises, institutions, social organizations, individual economic organizations and other units (hereinafter referred to as employers) and their female employees in People's Republic of China (PRC).
Article 3 See the annex to these Provisions for the scope of labor that female employees are forbidden to engage in. If the scope of taboo work for female workers needs to be adjusted, the state safety production supervision and management department shall, jointly with the health administrative department of the State Council, put forward a plan and report it to the State Council for approval and promulgation.
Article 4 The employing unit shall take measures to improve the conditions of labor safety and health, and train female employees on labor safety and health knowledge. The employing unit shall strengthen the special labor protection of female employees, and shall not arrange female employees to engage in taboo labor, and inform female employees in writing of the positions that fall within the scope of taboo labor for female employees.
Article 5 The employing unit shall reasonably arrange the rest time of pregnant female employees during working hours, or reduce their labor quota accordingly; After consultation with female employees, employers can adjust their jobs.
Article 6 If a female employee is pregnant for more than 7 months, the employer shall not extend her working hours or arrange her to work at night. The prenatal examination time of pregnant female employees during working hours is counted as working hours.
Article 7 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. 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.
Article 8 If a female employee gives birth or miscarries, and the employer has participated in maternity insurance, the maternity insurance fund shall pay maternity allowance to the female employee according to the average monthly salary of the employee in the previous year; If the employer fails to participate in maternity insurance, the employer shall pay the salary according to the salary standard of the female employee before childbirth or abortion. If the employer has participated in maternity insurance, the medical expenses incurred by female workers in childbirth or abortion shall be paid by the maternity insurance fund; If the employer does not participate in maternity insurance, it shall be paid by the employer.
Article 9 During the lactation period (including artificial feeding) of female employees under the age of 1 year (hereinafter referred to as lactation period), the employer shall not extend their working hours or arrange their night work. The employing unit shall arrange no less than 1 hour for breast-feeding female employees during daily working hours; In the case of multiple births, the breastfeeding time shall be increased by 1 hour every day for each child born.
Article 10 The State encourages employers with a large number of female employees to establish facilities such as health care rooms for female employees, rest rooms for pregnant women and nursing rooms.
Article 11 The employing unit shall arrange at least 1 inspection for female employees every two years, and the inspection time shall be included in working hours.
Article 12 The safety production supervision and administration department of the people's government at or above the county level shall be responsible for supervising and inspecting the employing unit's implementation of the labor scope prohibited by female employees listed in the annex of this Ordinance, and the health administrative department shall be responsible for supervising and inspecting the medical institutions' implementation of the labor scope prohibited by female employees listed in the annex of this Ordinance. The administrative department of human resources and social security shall be responsible for supervising and inspecting the implementation of Articles 6, 7, 8, 9 and 11 of these Regulations by the employing units. Trade unions and women's federations supervise employers to abide by these regulations, assist administrative departments to carry out their work, and safeguard the legitimate rights and interests of female employees.
Article 13 Where an employing unit violates the provisions of these regulations, the safety production supervision and management department, the health administrative department, the human resources and social security administrative department of the people's government at or above the county level shall, according to the division of responsibilities stipulated in Article 12 of these regulations, order the employing unit to make corrections within a time limit, and impose a fine of 1000 to 5,000 yuan on every female employee who has been infringed, or punish the directly responsible person in charge and other directly responsible personnel according to law.
Article 14 Where an employing unit violates the provisions of these Regulations and infringes upon the legitimate rights and interests of female employees, female employees may complain, report or appeal to the relevant administrative departments according to law, apply for mediation and arbitration to the labor and personnel dispute mediation and arbitration institution according to law, or bring a lawsuit to the people's court.
Fifteenth employers in violation of the provisions of this Ordinance, causing damage to female employees, shall be liable for compensation; If the directly responsible person in charge and other directly responsible personnel constitute a crime, criminal responsibility shall be investigated according to law.
Interpretation of "Special Provisions on Labor Protection of Female Workers"
1. Legal rights and special interests of female employees?
Safeguarding the legitimate rights and special interests of female workers is the most basic and important function of trade unions, and it is also the main content of female workers' work. The following four aspects are mainly discussed here:
(a), the basic content of safeguarding the legitimate rights and interests of female workers and special interests.
The legitimate rights and interests of female workers refer to the rights and interests that female workers should enjoy as stipulated by the Constitution, the Law on the Protection of Women's Rights and Interests and other laws and regulations. Due to the physiological, psychological and social reasons of female workers, female workers have some special interests and requirements that we need to safeguard. This is the main responsibility of the women workers' committees of trade unions at all levels, and it is also the reason why we set up a special department for women workers.
1, emphasizing the protection of the political rights of female workers. Political rights are the rights of citizens to participate in the political life of the country as stipulated by the Constitution and laws. Refers to the right to vote and stand for election, and the right to hold public office. The right to hold leading positions in enterprises, institutions and people's organizations and the democratic rights enjoyed by citizens. The Constitution and laws give women equal political rights with men. Chapter II Political Rights of the Women's Law emphasizes that women enjoy equal rights with men to vote and be elected. Among the deputies to the National People's Congress and local people's congresses at various levels, there should be an appropriate number of women deputies. State organs, social organizations, enterprises and institutions must adhere to the principle of equality between men and women when appointing cadres, and attach importance to, train and select female cadres as leading members. To safeguard the political rights of female workers, firstly, enterprises and female workers' departments should provide conditions for female workers to participate in and discuss state affairs, such as ensuring that female workers occupy a certain proportion in the workers' congress, which is of great significance to the production, life and enterprise reform of enterprises. Women workers should be invited to participate in the discussion. Adhere to equality between men and women in the use and promotion of cadres, and pay attention to training female cadres. In industries and departments with more female employees, a certain number of female leading cadres are equipped. Let enterprises truly reflect the wishes of female employees in management.
2. Emphasize the protection of the cultural and educational rights of female workers. Chapter III of the Women's Law particularly emphasizes that the state guarantees that women enjoy equal cultural and educational rights with men. People's governments at all levels and relevant departments shall take measures to organize women's vocational education and training. To safeguard the cultural and educational rights of female workers, first of all, enterprises and female workers' departments should actively create conditions for female workers to improve their cultural and technical quality. On the premise of ensuring the cultural and educational rights of female workers and the development of enterprises, we should provide more learning and training opportunities for female workers, and set up various forms of living welfare facilities to solve the worries of female workers in view of their practical difficulties in learning.
3. Emphasize the protection of the labor rights and interests of female employees. Laws and regulations such as Provisions on Labor Protection for Female Employees, Provisions on the Scope of Labor Taboos for Female Employees, Provisions on Health Care for Female Employees, Hygienic Standards for Design of Industrial Enterprises, and Regulations on Safety and Hygiene in Factories have made detailed provisions on the labor rights and interests of female employees. This will be specifically introduced in the labor protection of female employees.
4. Emphasize the protection of women's property rights and interests. Chapter V of the Women's Law emphasizes that the state protects women's equal property rights with men. In marriage and family property relations, the rights and interests enjoyed by women according to law are inviolable, and the equal right to inherit property with men is protected by law.
5. Emphasize the protection of women's marriage and family rights. Chapter 7 of the Women's Law, the Marriage Law and other laws and regulations emphasizes that the state guarantees that women enjoy equal rights with men in marriage and family. The state protects women's autonomy in marriage.
6. Emphasize the protection of women's personal rights and interests. Chapter VI of the Women's Law emphasizes that the state guarantees that women enjoy equal personal rights with men. Women's personal freedom is inviolable. In our country, due to the influence of thousands of years of feudal traditional thought, the violation of women's personal rights is still serious, and criminal acts of insulting, damaging women's personality and infringing women's personal rights occur from time to time. Trade unions and women workers' organizations at all levels should conscientiously do a good job in letters and visits, cooperate with and urge relevant administrative and judicial departments to solve cases of infringement of women workers' personal rights as soon as possible, and try their best to meet the legitimate demands of women workers. In real life, we often hear that women are insulted, or afraid of the threat and power of criminals, and eat to save face? Stupid loss? . In doing so, not only will the victims' grievances not be tried, but criminals will also be more rampant. Women's personal rights will be violated not only by men, but also by women sometimes. For example, abuse, framing and slander are the main forms of women's violations.
(2) Labor protection of female employees
1, what is the labor protection of female employees? Simply put, protecting the safety and health of female workers in the process of labor production is the labor protection for female workers. It is the consistent policy of our party and country to implement labor protection for female workers.
2. Why do you want to implement labor protection for female employees? First of all, female workers are an important part of the working class and the master and object of the country. Protecting the safety and health of female workers in production is determined by the nature of our country and the class status of female workers. Secondly, the physiological differences between men and women determine that female workers should not engage in heavy physical labor. According to anatomical physiology, there are obvious differences between men and women in the following aspects: (1) Men have a longer growth period, and their average height, chest circumference and weight are higher, wider and heavier than those of women. (2) Men are muscular. Large bearing capacity. (3) Men have strong blood circulation function, with more total blood volume, red blood cells and blood cells than women. (4) Men have stronger respiratory function and larger vital capacity than women. Thirdly, the physiological function of women determines that female workers have four physiological changes, during which special protection is needed. Fourthly, harmful occupational factors in the process of childbirth can have adverse effects on mothers, fetuses and nursing children, while physical factors such as toxic substances or radiation can lead to female infertility, abortion, premature delivery or fetal malformation. Labor protection for female employees is also to protect the healthy growth of the next generation.
3. The content of labor protection for female employees. From a macro perspective, the labor protection of female workers includes two parts. The first is to protect women's labor rights. The second is to protect the safety and health of female workers in production. The International Labour Organization clearly pointed out that there are four aspects of labor protection for female workers:
(1) protecting mothers, that is, protecting women's maternal functions (protection during menstruation, pregnancy, childbirth and lactation);
(2) protection of working hours, that is, pregnant women and wet nurses are not allowed to work overtime or work night shifts;
(3) female workers are prohibited from engaging in dangerous and harmful operations;
(4) Men and women receive equal pay for equal work and equal employment opportunities.
(3) laws and regulations on labor protection for female employees.
Our government is very concerned about the labor protection of female workers. From the constitution formulated in the early days of the founding of the People's Republic of China, the Regulations on Safety and Hygiene in Factories adopted by 1956, the Hygiene Standard for the Design of Industrial Enterprises promulgated by 1979, the Interim Provisions on the Implementation of the Labor Contract System in State-owned Enterprises promulgated by the Ministry of Labor and Personnel in 1988 and the Notice on Several Issues Concerning the Maternity Treatment of Female Workers formulated by the Ministry of Labor in the same year, In particular, the promulgation and implementation of 1988 "Provisions on Labor Protection of Female Workers", namely Order No.9, is of great significance for protecting the physical and mental health of female workers, safeguarding their special interests, implementing the basic national policy of family planning in China and improving their physical quality. 1990, the Ministry of Labor promulgated the Provisions on the Forbidden Labor Scope for Female Employees in the form of Lao An [1990] No.2, and also promulgated the Provisions on Health Care for Female Employees and the Law on the Protection of Minors. 1On April 3, 1992, the Law on the Protection of Women's Rights and Interests was deliberated and passed by the Fifth Session of the National People's Congress. This is the first comprehensive and comprehensive basic law for the protection of women promulgated by the China government since the founding of New China 40 years ago, which indicates that the protection of women in China has entered the legal track. 1On July 5, 994, China promulgated the Labor Law, which became the first basic law to protect the legitimate rights and interests of workers and comprehensively adjust labor relations since the founding of New China. Chapter VII of the Labor Law provides special protection for female workers and underage workers. The promulgation of "Labor Law" not only makes the trade union work on the track of legalization, but also establishes a new mechanism and model for the trade union work.
2. What personal rights do female workers mainly enjoy?
The personal rights of female employees are civil rights that are legally enjoyed, inseparable from female employees themselves and have no direct property content. Including: the right to life and health, personal freedom, name, reputation, portrait, privacy, honor and personal dignity. The relevant administrative and judicial departments should deal with cases that infringe upon the personal rights of female employees in strict accordance with the law and effectively protect the personal rights and interests of female employees.
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