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Henan Issues Special Regulations to Protect Female Employees
Source:Chinese Women's Research Network | Release Date:2018-10-17-
Title: Henan Issues Special Regulations to Protect Female Employees
Author: Liu Yanmei
Release Date: 2018/10/15
Keyword: Henan, Special Regulations, Female Employees

Central China's Henan province recently promulgated the provincial regulation on labor protection of female workers (hereinafter referred to as the Regulation) recently.

Given the physiological conditions of female workers, the Regulation stipulates the rights and interests of female workers during special periods such as pregnancy and maternity leave, so as to protect their legal rights and interests.

The Regulation was adopted at the 21st executive meeting of the Henan provincial government and will go into effect from November 1.

In protecting female workers reproductive rights, the Regulation requires that the contract signed between the female worker and the employer shall not contain any provision that will restrict the worker’s lawful rights and interests such as marriage, childbirth, etc.

The employer shall not, for reasons such as marriage, pregnancy, maternity leave and breast-feeding of female employees, reduce their salary and benefits, limit their promotion or appointment to professional and technical positions, dismiss them, or unilaterally terminate their labor (employment) contracts.

If the labor (employment) contract expires and the pregnancy, maternity, and lactation period of a female employee does not expire, the labor (employment) contract shall be extended to the expiration of the pregnancy, maternity and lactation period.

As for female workers' menstrual period, the Regulation also has a clear requirement: The employer shall give the following labor protection to female workers and staff during their period:

They shall not be arranged to engage in work that is prohibited by the State during their menstrual period, and other appropriate work shall be arranged temporarily;

Female employees with dysmenorrhea or excessive menstrual flow shall have one to two days of rest;

And, the employer shall pay no less than 35 yuan per month for each female employee.

Protection of female workers from sexual harassment in the workplace is also included in the Regulation.

It requires the employing unit to take effective measures to prevent and stop the sexual harassment of female employees in the workplace based on the characteristics of their work and production.

When a female employee is subjected to sexual harassment or other acts that endanger her personal safety in the workplace, and the employee reflects or complains to the employer, the employer shall deal with the matter in a timely manner and shall protect the personal privacy of the female employee according to law.

As regards the employer who may violate the Regulation by violating the legitimate rights and interests of female workers, workers can complain, report, or appeal to human resources and social security departments, labor unions or women’s organizations.

Female workers may also apply to the labor and personnel dispute mediation and arbitration institution for mediation and arbitration in accordance with the law.

(Source: and edited by Women of China)
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