the "special regulations on labor protection of female employees in yunnan province" will come into effect on november 1
2024-10-01
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order of the people's government of yunnan province
no. 232
the "special regulations on labor protection of female employees in yunnan province" was reviewed and approved at the 39th executive meeting of the 14th yunnan provincial people's government on september 3, 2024. it is hereby announced and will come into effect on november 1, 2024.
governor wang yubo
september 19, 2024
special regulations on labor protection for female employees in yunnan province
article 1in order to strengthen the labor protection of 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" and the "law of the people's republic of china on the protection of women's rights and interests", the labor contract law, the special provisions on labor protection of female employees, the yunnan provincial trade union labor law supervision regulations and other relevant laws and regulations are formulated in light of the actual conditions of the province.
article 2these regulations shall apply to employers such as state agencies, enterprises and institutions, social groups, individual economic organizations and other social organizations and their female employees within the administrative region of this province.
article 3the people's governments at or above the county level shall strengthen leadership over the labor protection of female employees, incorporate the labor protection of female employees into the women's development plan of their respective administrative regions, reasonably arrange the funds required for labor protection of female employees, and coordinate and resolve problems in labor protection of female employees. major issues, and urge relevant departments to fulfill their responsibilities of supervision and inspection of labor protection for female employees.
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 shall perform the labor protection supervision and inspection responsibilities of female employees of the employer in accordance with their respective duties.
trade unions and women's organizations safeguard the legitimate rights and interests of female employees in accordance with the law and supervise employers' compliance with laws, regulations and rules on the labor protection of female employees.
townships (subdistricts), development zones, regional and industrial trade union federations, etc. are responsible for the legal supervision of labor protection for female employees in their respective regions or industries.
the employer's trade union organization is responsible for assisting and supervising the labor protection work of female employees.
article 4departments, units and individuals that have made outstanding achievements in labor protection for female employees will be commended and rewarded in accordance with relevant national and provincial regulations.
article 5the human resources and social security departments of the people's governments at or above the county level, as well as trade unions and women's organizations at all levels, should strengthen the publicity of labor protection laws and regulations for female employees. march 8 every year is the labor protection awareness day for female employees.
article 6during the recruitment (employment) process, employers shall not refuse to recruit (employ) women or raise the recruitment (employment) standards for women on the grounds of gender, except for work types or positions that are not suitable for women as stipulated by the state.
during the recruitment (employment) process, apart from basic personal information, employers are not allowed to further inquire or investigate the marriage and childbearing status of female job applicants.
employers are not allowed to dismiss female employees or reduce their wages and benefits due to marriage, pregnancy, childbirth, breastfeeding, etc.; they are not allowed to restrict appointments, promotions, promotions, professional title reviews, etc.
article 7employers shall take the following measures to strengthen labor protection for female employees:
(1) establish and improve the labor protection system for female employees, and clarify the institutions or personnel responsible for the labor protection of female employees;
(2) provide female employees with working environment, labor conditions, protective measures, and labor protection supplies that comply with national regulations, and improve labor safety and health conditions for female employees;
(3) implement rules and regulations prohibiting sexual harassment and provide a working environment free from sexual harassment;
(4) ensure female employees’ maternity medical care, maternity allowances and other benefits;
(5) provide education and training to female employees on labor safety, occupational health, vocational skills, mental health and labor protection laws and regulations;
(6) other labor protection measures prescribed by laws and regulations.
article 8employers shall abide by national regulations on the scope of prohibited labor for female employees, and inform female employees of the following matters through labor contracts, collective contracts, or special collective contracts for the protection of the rights and interests of female employees, and other written forms:
(1) the unit’s labor protection system for female employees;
(2) the scope of work that female employees of the unit are prohibited from engaging in;
(3) the scope of work that female employees of the unit are prohibited from engaging in during menstruation, pregnancy, and lactation;
(4) occupational disease hazards and their consequences that may occur during work, occupational disease protection measures, special treatment and job allowances;
(5) other matters that should be notified as prescribed by laws and regulations.
article 9employers shall provide the following labor protections for menstruating female employees:
(1) do not arrange to engage in labor that is prohibited during menstruation as stipulated by the state;
(2) qualified employers 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 will pay the expenses from employee welfare fees;
(3) female employees suffering from severe dysmenorrhea will be given 1 to 2 days of leave during their menstrual period after being diagnosed by medical or maternal and child health institutions;
(4) female employees engaged in field, outdoor mobile operations and other production operations shall be provided with corresponding health care or protective supplies according to different seasons;
(5) other labor protection measures prescribed by laws and regulations.
article 10employers shall provide the following labor protections to female employees during pregnancy:
(1) no work shall be arranged that is prohibited during pregnancy as prescribed by the state;
(2) for those who cannot adapt to the original working position, upon personal application and the issuance of a diagnosis certificate from a second-level medical institution or above, the workload will be reduced or the working position will be adjusted;
(3) those who are less than 3 months pregnant and more than 7 months pregnant shall not extend their working hours or arrange night shifts, and must arrange a certain rest period during working hours;
(4) if there is a history of threatened miscarriage or habitual miscarriage, rest or work position adjustment shall be arranged based on the diagnosis certificate from a second-level or above medical institution;
(5) if a pregnant female employee undergoes prenatal examination during working hours, the examination time shall be regarded as working time;
(6) other labor protection measures prescribed by laws and regulations.
article 11if the employer does require a female employee to take maternity leave or take less than the prescribed number of days due to work needs, it shall arrange for compensatory leave; if it cannot arrange compensatory leave, it shall pay 200% of the salary standard for the unused maternity leave and vacation days. .
after the maternity leave is over, the employer shall 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.
article 12employers shall provide the following labor protections to nursing female employees:
(1) do not arrange to engage in labor that is prohibited during lactation as stipulated by the state;
(2) those who are breastfeeding infants under 1 year old are not allowed to extend their working hours, arrange night shifts or go on business trips;
(3) arrange no less than 1 hour of breastfeeding time for lactating female employees during daily working hours; for those who give birth to multiple babies, the breastfeeding time will be increased by 1 hour per day for each additional baby;
(4) if the baby turns one year old and is diagnosed as frail by a medical institution at or above the second level, the female employee’s lactation period shall be appropriately extended, but shall not exceed 6 months at most;
(5) encourage employers to negotiate with employees to determine flexible breastfeeding times that are conducive to caring for babies;
(6) other labor protection measures prescribed by laws and regulations.
article 13qualified 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.
article 14if 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.
article 15encourage and support qualified employers, schools, trade unions, etc. to carry out child care services based on actual conditions. the required funds will be disbursed from the employee welfare fees of the employer, and people's governments at all levels can provide appropriate subsidies to encourage the society to donate to childcare service institutions.
trade union organizations can arrange appropriate supporting funds to support employers in providing child care services for employees. if conditions permit, union funds at the same level can be used to provide child care subsidies to members who have policy-related births.
article 16encourage and support employers such as schools and hospitals with a high proportion of female employees to adopt flexible employment mechanisms, and explore ways to fill job vacancies such as the adjustment of surplus and vacancies, and flexible job pools.
article 17when an employer formulates or modifies rules and regulations related to employees' rights and interests, as well as consultation activities on matters related to the rights and interests of female employees, the employer shall organize representatives of female employees to participate in the consultations in accordance with the proportion of female employees.
the labor dispatch agreement concluded between the labor dispatch unit and the employer should clearly define the labor protection content of female employees.
article 18if female employees' legitimate labor rights and interests are infringed, they can safeguard their legitimate labor rights and interests through complaints, reports, appeals, accusations, applications for arbitration, etc.
if they meet the conditions, female employees can apply for trade union organizations to provide support and assistance.
article 19trade union organizations at all levels supervise employers' performance of labor protection responsibilities for female employees in accordance with laws, regulations and charters.
if the employer fails to form a trade union in accordance with the law, the local federation of trade unions may issue a "letter of opinions on trade union formation", "letter of opinions on trade union labor law supervision" and "letter of opinions on trade union labor law supervision", requiring it to make rectifications.
if an employer violates these regulations, the trade union organization may issue a "trade union labor law supervision letter" to prompt the employer to make corrections; if the employer fails to make corrections after being prompted, the trade union organization may issue a "trade union labor law supervision opinion letter" to require the employer to make corrections; if the employer refuses to make corrections, the trade union organization may , the federations of trade unions at or above the county level may issue a "trade union labor law supervision recommendation" to the relevant departments and units of the people's government at the same level. the departments and units that receive the proposal shall handle it in accordance with their respective responsibilities and lawfully, and promptly report the handling situation in writing. feedback.
article 20if an employer violates these regulations and infringes upon the legitimate labor rights of female employees, it shall be dealt with in accordance with the law by the human resources and social security, development and reform, health, emergency management, medical security and other departments of the people's government at or above the county level.
if an employer is punished for violating these regulations and infringing on the legitimate labor rights of female employees, the human resources and social security departments of the people's government at or above the county level will record the violation in the law-abiding integrity file, publish it to the public, and handle it in accordance with relevant regulations such as social credit construction.
if the employer's directly responsible supervisor and other directly responsible personnel infringe upon the legitimate labor rights and interests of female employees, thereby constituting a crime, they shall be held criminally responsible in accordance with the law.
article 21if staff of relevant departments of people's governments 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 responsibility shall be pursued in accordance with the law.
article 22these regulations will come into effect on november 1, 2024.
source: "yunnan provincial people's government" wechat official account
yunnan daily-yun news editor: guo xingyu
