Article 1 In order to protect the labor rights and interests of female employees and protect the safety and health of female employees at work in accordance with the law, according to the Labor Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of Women's Rights and Interests, and the Special Provisions on Labor Protection of Women Workers, etc. And regulations, in accordance with the actual conditions of the province, formulate these measures.
Article 2 These Measures shall apply to the labor protection of female employees in state agencies, enterprises, public institutions, social organizations, individual economic organizations, and other social organizations within the administrative region of the province.
Article 3 The people's governments at or above the county level shall take effective measures to ensure equal employment of women, improve and implement maternity insurance policies, promote employers to strengthen labor protection for female employees, and support and urge relevant departments to perform their duties of labor protection supervision and management according to law.
Article 4 The relevant administrative departments, such as human resources and social security, work safety supervision, health and family planning, of the people's governments at or above the county level shall do a good job in the supervision and management of labor protection for female employees in accordance with their respective duties.
Article 5 Trade unions and women's organizations shall protect the lawful rights and interests of women employees in accordance with the law; supervise the employers ’compliance with the laws, regulations and rules on women workers labor protection.
The labor union organization of the employer shall assist and urge the employer to do a good job of labor protection for female employees.
Article 6 The employer shall establish and improve the labor protection system for female employees within the organization, improve the working conditions of female employees, and educate and train female employees on labor safety and health knowledge, vocational skills, and legal knowledge related to labor protection.
Employers are encouraged to conduct mental health lectures and provide psychological counseling services to better publicize and counsel female employees' mental health.
Article 7. Women enjoy equal employment rights with men. In terms of labor compensation, equal pay for men and women is implemented.
Except for the types of jobs or positions that are not suitable for women as provided by laws and regulations, employers must not discriminate against women when recruiting, arranging or reducing staff.
Article 8 Where an employer concludes a collective contract with a worker or a special collective contract for the protection of the rights and interests of female employees, the content of labor protection for female employees shall be specified.
Among the representatives of the labor party participating in the collective contract or the negotiation of the special collective contract for the protection of the rights and interests of female employees, there shall be a corresponding proportion of female employee representatives.
When a labor dispatching unit and a laboring unit conclude a labor dispatching agreement, the content of labor protection for the female employees to be dispatched should be clearly defined.
Article 9 An employer may not agree with a female employee in a labor contract or employment contract to restrict marriage, restrict childbearing, or reduce maternity leave, etc., which would harm the legal rights and interests of the female employee.
Employers shall not reduce their wages, restrict their promotion, be fired, or unilaterally terminate their labor or employment contracts due to circumstances such as marriage, pregnancy, childbirth, and breastfeeding of female employees, except as otherwise provided by laws and regulations.
If the labor contract or employment contract expires but the pregnancy, childbirth, or lactation period has not yet expired, the labor contract or employment contract shall be postponed to the end of pregnancy, childbirth, or lactation, except when the female employee proposes to terminate the labor or employment contract.
Article 10 Employers shall implement the state's regulations on the scope of labor that female employees are prohibited from engaging in.
Article 11 The employer shall give the following protections to women and menstrual women workers upon their proposal:
(1) they shall not be arranged to engage in labor which is prohibited by the state during menstrual periods;
(2) If the medical institution proves that they have severe dysmenorrhea or excessive menstruation, they shall be given 1 to 2 days of paid rest.
Article 12 The employer shall give the following protection to female employees during pregnancy:
(1) If the prenatal inspection is performed during working hours, the time required is included in the working hours;
(2) Where labor quotas are implemented, the amount of labor shall be appropriately reduced;
(3) According to the certification of the medical institution, those who cannot adapt to the original labor shall be lightened or temporarily arranged for other adaptable labor;
(4) If the pregnancy is less than 3 months and the pregnancy reaction is severe, or if the pregnancy is more than 7 months, arrange a rest period of not less than one hour during the daily working hours, and do not extend their working hours or arrange night work;
(5) It shall not be arranged to engage in labor which is prohibited by the state during pregnancy.
Article 13 If a female employee has a threat of miscarriage, a history of habitual abortion, or other special circumstances, and the medical institution proves that I have proposed a break, the employer shall make appropriate arrangements.
Article 14 Female workers enjoy 98 days of maternity leave for maternity leave, which meets the provisions of Article 30 of the "Regulations on Population and Family Planning of Zhejiang Province", and an additional 30 days. Give one baby and increase maternity leave by 15 days.
Female employees who have an abortion within 4 months of pregnancy are entitled to 15 days of maternity leave; those who have an abortion within 4 months of pregnancy are entitled to 42 days of maternity leave.
Article 15 Medical expenses incurred by women workers during prenatal check-ups, births or abortions shall be paid in accordance with the items and standards stipulated in maternity insurance. Those who have already participated in maternity insurance shall be paid by the maternity insurance fund; those who have not participated in maternity insurance shall be paid by the employer.
Article 16 If a female employee participates in maternity insurance, she shall enjoy the maternity allowance during the period of maternity leave in accordance with the number of maternity leave days specified in these Measures. The maternity allowance is paid by the maternity insurance fund in accordance with the average monthly salary of the employee in the previous year, and the employer no longer pays wages during maternity leave. If the maternity allowance calculation and payment standard is higher than the wages before maternity leave for female employees, the employer shall not deduct the difference; if it is lower than the wages for female employees before maternity leave, the qualified employer may make up the difference.
If a female employee does not participate in maternity insurance, the employer shall pay the wages during the maternity leave period according to the female employee's pre-maternity leave salary standard.
Article 17 An unemployed woman who meets the requirements of family planning during the period of receiving unemployment insurance benefits may apply to the district, city, county (city, district) labor and employment service agency for a maternity allowance equivalent to her 3 months unemployment insurance benefits .
If the spouse of an unemployed woman has participated in maternity insurance, the unemployed woman is entitled to medical treatment for fertility in accordance with state regulations.
Article 18: Female workers who perform family planning operations such as placing (removing) an intrauterine device, subcutaneous implantation, sterilization, and reopening shall be given certain holidays in accordance with relevant regulations. The payment of medical expenses for family planning surgery and maternity allowance during vacations shall be implemented in accordance with the provisions of Articles 15 and 16 of these Measures.
Article 19 Employers shall provide the following protections to female employees who breastfeed infants under the age of one year:
(1) Arrange breastfeeding time of no less than one hour during working hours each day; if you have multiple births, breastfeed an extra one hour, increase breastfeeding time by one hour
(2) shall not extend their working hours or arrange them to perform night shift work;
(3) Where labor quotas are implemented, the amount of labor shall be appropriately reduced;
(4) It shall not be arranged to engage in labor that is prohibited by the state during breastfeeding.
Breastfeeding time and the time during which breastfeeding is in and out of the unit are counted as working hours.
Article 20 Employers with a large number of female employees shall set up facilities such as women's health rooms, pregnant women's rest rooms, breastfeeding rooms, etc. according to the needs of female employees; if there are a large number of female employees and there are difficulties in using toilets, toilets shall be appropriately increased Quantity or increase the proportion of women's toilets.
When employing units to newly build, expand, or rebuild production work premises, they shall design and install labor protection facilities for female workers in accordance with the requirements of the "Sanitary Standards for the Design of Industrial Enterprises".
Article 21 Employers shall arrange for gynecological common diseases examinations for female employees once a year; female employees who are engaged in operations exposed to occupational disease hazards shall also regularly organize their occupational health examinations. The expenses required for the inspection shall be paid by the employer, and the time required for inspection shall be included in the labor time.
Article 22 Employers shall, in light of their labor production characteristics, prevent and stop sexual harassment of female employees; when handling appeals for female employees, they shall protect the personal privacy of female employees in accordance with law.
Article 23 Where an employer violates the provisions of these Measures and there are administrative penalties in laws and regulations, those provisions shall prevail.
If an employer violates the provisions of these Measures and infringes on the legal rights and interests of female employees, the female employees may file a complaint, report, or appeal in accordance with the law, apply to the labor and personnel dispute mediation and arbitration agency for mediation, arbitration, or file a lawsuit in a people's court.
Where a female employee complains, reports, or appeals to the administrative departments of human resources and social security, work safety supervision, health and family planning, and labor unions or women's organizations, the department or organization receiving the complaint, report, or appeal shall promptly investigate in accordance with the law , Processing, or transfer to the department or organization that has the right to process within 3 working days. The results of the investigation and processing shall be notified to the female workers in a timely manner.
Article 24 These Measures shall be implemented as of June 1, 2017.