May 31, 2010
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Special Rules on the Labor Protection of Female Employees [Effective]
女職工勞動保護特別規定 [現行有效]
Order of the State Council
(No. 619)
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


總 理  溫家寶
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.
   第一條 為了減少和解決女職工在勞動中因生理特點造成的特殊困難,保護女職工健康,制定本規定。
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.
   第二條 中華人民共和國境內的國家機關、企業、事業單位、社會團體、個體經濟組織以及其他社會組織等用人單位及其女職工,適用本規定。
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.
   第三條 用人單位應當加強女職工勞動保護,采取措施改善女職工勞動安全衛生條件,對女職工進行勞動安全衛生知識培訓。
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.
   第四條 用人單位應當遵守女職工禁忌從事的勞動範圍的規定。用人單位應當將本單位屬于女職工禁忌從事的勞動範圍的崗位書面告知女職工。
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.
   第五條 用人單位不得因女職工懷孕、生育、哺乳降低其工資、予以辭退、與其解除勞動或者聘用合同。
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.
   第六條 女職工在孕期不能適應原勞動的,用人單位應當根據醫療機構的證明,予以減輕勞動量或者安排其他能夠適應的勞動。
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.
   第七條 女職工生育享受98天產假,其中產前可以休假15天;難產的,增加產假15天;生育多胞胎的,每多生育1個嬰兒,增加產假15天。
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.
   第八條 女職工產假期間的生育津貼,對已經參加生育保險的,按照用人單位上年度職工月平均工資的標准由生育保險基金支付;對未參加生育保險的,按照女職工產假前工資的標准由用人單位支付。

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【法寶引證碼】        北大法寶
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