Special Provisions on Labor Protection of Female Employees

Special Provisions on Labor Protection of Female Employees
Special Provisions on Labor Protection of Female Employees

Order of the State Council No. 619

April 28, 2012

The Special Provisions on Labor Protection of Female Employees was ratified by the 200th Executive Meeting of the State Council on April 18, 2012. It is hereby promulgated and shall take effect as of the day of promulgation.

Special Provisions on Labor Protection of Female Employees

Article 1 These Provisions are formulated for the purpose of mitigating and resolving the specific difficulties faced by female employees during employment caused by their physical characteristics and protecting the health of female employees.

Article 2 Employers including state organs, enterprises, public institutions, social organizations, individual economic organizations and other social organizations and their female employees thereof within the territory of the People's Republic of China shall be governed by these Provisions.

Article 3 Employers shall strengthen labor protection of female employees, take measures to improve the labor safety and hygiene conditions for female employees and provide training to female employees on labor safety and hygiene.

Article 4 Employers shall abide by the provision on the scope of labor prohibited for female employees. Employers shall give written notice to the female employees on the positions thereof that fall within the scope of labor prohibited for female employees.
The scope of labor prohibited for female employees is provided in the appendix hereunder. The work safety supervision and administration department of the State Council shall work together with the human resources and social security administrative department of the State Council and the hygiene administrative department of the State Council to make adjustment on the scope of labor prohibited for female employees according to the economic and social development.

Article 5 Employers shall not lower the salary, dismiss or terminate the labor contract or employment contract with female employees for the reasons of pregnancy, giving birth or lactation.

Article 12 The human resources and social security administrative department and work safety supervision and administration department of the people's government above the county level shall be responsible for the supervision and examination on the employers in respect of implementing these Provisions according to their authority respectively.
Trade unions and female organizations shall carry out supervision on the employers in respect of implementing these Provisions according to the law.

Article 13 In the event that an employer violates the provision of Paragraph 2 of Article 6, Article 7 or Paragraph 1 of Article 9, the human resources and social security administrative department of the people's government above the county level shall give an order for rectification within a given period, and impose a fine based on the standard of more than RMB1,000 and less than 5,000 for each female employee adversely affected.
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