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recently, the "special regulations on labor protection of female employees in yunnan province" (hereinafter referred to as the special regulations) were reviewed and approved at the 39th executive meeting of the 14th yunnan provincial people's government and will come into effect on november 1, 2024. the special regulations stipulate that during the recruitment (employment) process, apart from basic personal information, employers are not allowed to further inquire or investigate female job applicants about their marital and childbearing status, provide a working environment free from sexual harassment, etc. in addition, female employees suffering from severe dysmenorrhea will be given 1 to 2 days off during their menstrual period after being diagnosed by a medical institution.

the special regulations stated that in order to strengthen labor protection for female employees, protect their safety, health and other legitimate rights and interests at work, and give full play to the role of female employees in the socialist modernization drive, in accordance with the "law of the people's republic of china on the protection of women's rights and interests" the "labor contract law of the people's republic of china", "special provisions on labor protection of female employees", "yunnan provincial trade union labor law supervision regulations" and other relevant laws and regulations have been formulated in light of the actual conditions of this province. the aforementioned provisions apply to employers such as state agencies, enterprises and institutions, social groups, individual economic organizations and other social organizations within the administrative region of yunnan province, and their female employees.

the special regulations clearly state that during the recruitment (hiring) process, employers shall not refuse to recruit (hire) women or increase the number of women in the recruitment (hiring) on ​​the grounds of gender, except for the types of jobs or positions that are not suitable for women as stipulated by the state. according to the standard, except for basic personal information, female job applicants are not allowed to further inquire or investigate the marital and childbearing status. in addition, female employees shall not be dismissed or their wages and welfare benefits shall be reduced due to marriage, pregnancy, childbirth, breastfeeding, etc., and no restrictions shall be placed on appointment, promotion, advancement, professional title review, etc.

in terms of strengthening labor protection for female employees, it is stipulated that employers should implement rules and regulations prohibiting sexual harassment and provide a working environment free from sexual harassment. labor that is taboo during menstruation as stipulated by the state shall not be arranged. employers who have the conditions may pay monthly hygiene fees of no less than 35 yuan or sanitary products of corresponding value to each of their female employees, and the enterprise shall pay the expenses from employee welfare fees. female employees suffering from severe dysmenorrhea will be given 1 to 2 days off during their menstrual period after being diagnosed by a medical or maternal and child health care institution.

employers should provide labor protection for female employees during pregnancy. for example, they are not allowed to engage in work that is prohibited during pregnancy as prescribed by the state; those who are not suitable for the original work position will have their workload reduced or their work position adjusted after their own application and a diagnosis certificate from a second-level medical institution or above; those who are less than 3 months pregnant and 7 months pregnant for those who are above, working hours shall not be extended or night shifts shall be arranged, and a certain rest period shall be arranged during working hours; if there are signs of miscarriage or a history of habitual abortion, rest shall be arranged or work positions shall be adjusted based on the diagnosis certificate from a second-level or above medical institution. ; if a pregnant female employee undergoes prenatal examination during working hours, the examination time shall be regarded as working time.

among them, the special regulations also mention that after the maternity leave is over, the employer should arrange for the return to work at the original post. if it is really necessary to change positions, consultation with female employees should be carried out and a transition period of 1 to 2 weeks should be allowed to gradually return to the original quota of labor. qualified employers can organize health examinations covering gynecological diseases, breast diseases, breast cancer, cervical cancer screening, etc. every two years, and the examination time is regarded as working time. if a female employee suffers from postpartum depression or severe menopausal syndrome symptoms and has a diagnosis certificate from a second-level medical institution or above, she may apply to reduce her workload or adjust her work position. the employer shall make adjustments, and relevant benefits shall be determined through negotiation between the two parties.

if an employer violates these regulations, how can female employees safeguard their rights? special regulations clearly state that violations of the legitimate labor rights of female employees will be dealt with by the human resources and social security, development and reform, health, emergency management, medical security and other departments of the people's governments at or above the county level in accordance with the law, and will be recorded in the law-abiding integrity files and announced to the public. if staff of relevant government departments at all levels abuse their power, neglect their duties, or practice favoritism during supervision and management, the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.