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女职工劳动保护特别规定 (Special Rules on the Labor Protection of Female Employees 2012)

On April 28, 2012, the State Council of China issued the Special Rules on the Labor Protection of Female Employees (the “Rules”). These Rules aim to reduce and address the difficulties encountered by women at work due to sex-based physical differences and to protect women’s health. The Rules require employers to improve the labor safety facilities and reduce health concerns. They also require employers to comply with the rules on work that is prohibited to be carried out by female employees (such prohibited work includes; labor-intense work and mine-well work, and the Rules also distinguish prohibited labor work during the menstrual, pregnancy, and lactation periods). The Rules prohibit employers from reducing salaries or terminating employment of a female employee due to pregnancy, childbirth, or breastfeeding. The Rules further specify the standard for maternity leave and subsidy. Furthermore, the Rules require employers to prevent and curb sexual harassment against women in the workplace. Violation of the Rules can lead to fines and criminal liabilities. 

 

 

2012年4月28日,中国国务院公布了《女职工劳动保护特别规定》,以期减少和解决女职工在劳动中因生理特点造成的特殊困难以及保护女职工健康。该规定要求用人单位改善女职工劳动安全卫生条件,遵守女职工禁忌从事的劳动范围的规定(该等禁忌从事的劳动范围包括劳动强度过大的工作、矿山井下作业,并细分经期、孕期和哺乳期禁忌从事的劳动),禁止用人单位因女职工怀孕、生育、哺乳而降低其工资或辞退的行为,并且规定了女职工产假与生育津贴的标准。另外,该规定还要求用人单位预防和制止对女职工的性骚扰。违反该规定可能导致罚款,构成犯罪的,将依法追究刑事责任。

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