Our Country Intends To Extend The Maternity Leave To 14 Weeks &Nbsp; The Unit Can Pay For The Birth And Abortion Expenses.

According to the website of the Legislative Affairs Office of the State Council, the Legislative Affairs Office of the State Council released the 21 full text of women workers.

Draft regulations will be

The draft stipulates that female workers who have been pregnant for 4 months are not less than 2 weeks' maternity leave, and those who have been pregnant for 4 months are not less than 6 weeks of maternity leave.

The draft stipulates that the wages or maternity allowances for female workers will be maternity or abortion.

Notice of the Legislative Affairs Office of the State Council on public comments on the regulations on the protection of special labor for female workers (Draft for Soliciting Comments)

In order to further improve the quality of the review work, we hereby publish the full text of the regulations on the protection of special labor protection for women workers (Draft for Soliciting Comments) (hereinafter referred to as the draft for comment), and seek the views of the community.

I. main contents of the draft

The regulations on labor protection for female workers have been implemented since 1988.

(1) the name of the Ordinance

In accordance with the provisions of the seventh chapter of the labor law on the implementation of special labor protection for female workers, the name of the Ordinance is changed to "Regulations on the protection of special labor protection for female workers".

(two) taboo labor scope

The regulations on labor protection for female workers stipulate the principle of contraindication of female workers' taboo labor scope.

In order to enhance the maneuverability of the regulations, the draft solicitation draft has incorporated the contents of the taboo labor scope of female workers into the regulations. Based on the current economic and social development, the contents of the taboo labor scope have been adjusted appropriately on the basis of full economic and social development. Meanwhile, the range of taboo labor needs to be adjusted constantly according to the actual social conditions, so as to avoid frequent revision of the regulations due to the adjustment of the range of taboo labor. The draft solicitation lists the taboo labor scope as an appendix to the regulations, and stipulates that: when the taboo labor scope needs to be adjusted, the national safety production supervision and management department shall, together with the health administration department of the State Council, put forward a plan, and submit it to the State Council for approval and Publication (third articles).

(three) maternity leave days and maternity leave treatment

The first is to increase maternity leave from 90 days to 14 weeks in accordance with the provisions of the International Labour Organization Convention (seventh article 1).

The two is to refer to the relevant regulations of the Ministry of labor and elaborate the abortion holidays. Stipulates that the abortion of women workers is less than 4 months after pregnancy, not less than 2 weeks of maternity leave; if they are pregnant for 4 months, the abortion is not less than 6 weeks of maternity leave (seventh second).

Three, in order to link up with the social insurance law, referring to the Trial Measures for the maternity insurance for employees of enterprises, it is stipulated that the wages or maternity allowances and the medical expenses for childbirth and abortion shall be paid by the maternity insurance fund for the female workers who bear or abort, and the units that have not participated in maternity insurance shall be paid by the employer (eighth articles).

(four) legal liability

The provisions on the legal liability of the regulations on the protection of women workers' labor are comparatively difficult to operate in practice.

In order to ensure the implementation of the regulations, the draft opinions stipulate that: in violation of the provisions of these regulations, the safety production supervision and management departments, the health administrative departments, and the human resources and social security administrative departments shall, according to their respective responsibilities, order the employing units to make corrections within a specified time, and impose a fine in accordance with the relevant provisions of the regulations on the supervision of labor and social security, or impose disciplinary sanctions on the persons directly in charge and other directly responsible persons (thirteenth articles).

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Attachment: special labor protection regulations for female workers

(Draft)

Article 1 in order to reduce and solve the special difficulties caused by physiological characteristics of women workers in their work and to protect their health, these Regulations are formulated in accordance with the labor law.

Second these Regulations shall apply to state organs, enterprises, institutions, social organizations, individual economic organizations and other units (hereinafter referred to as employing units) and their female employees in People's Republic of China.

The third female workers' taboo labor scope is listed in the appendix to this Ordinance.

If the female workers' taboo labor scope needs to be adjusted, the State Administration of work safety and supervision department together with the health administrative department of the State Council shall put forward a plan and submit it to the State Council for approval and publication.

The fourth employer should take measures to improve the conditions of labor safety and hygiene, and train women workers in the knowledge of labor safety and hygiene.

Employers should strengthen the special labor protection for female workers, do not arrange for women workers to engage in taboo labor, and inform the women workers in writing of their jobs which belong to the taboo labor scope of female workers.

The fifth employers should reasonably arrange the rest time of pregnant female workers during the working hours, or reduce their labor quota accordingly.

If sixth female workers are pregnant for more than 7 months, the employer shall not extend their working hours or arrange their night shift work.

The antenatal examination time of pregnant female workers during working hours is counted as labor time.

Seventh female workers enjoy a maternity leave of not less than 14 weeks, including 2 weeks before giving birth, and 2 weeks of maternity leave for dystocia, and one child per child for more than 2 weeks.

Female workers who have been pregnant for less than 4 months have miscarriage (including induced abortion), enjoy many maternity leave in 2 weeks, and have abortions (including induced abortion) after 4 months of pregnancy, enjoying many 6 weeks of maternity leave.

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If eighth female workers are childbearing or miscarriage, the employer has already taken part in maternity insurance, and the maternity insurance fund shall pay the maternity allowance for female workers in accordance with the monthly average wage standard of the employing units in the previous year. If the employer fails to participate in maternity insurance, the employer shall pay the wages according to the wage level of the female occupational worker or the pre abortion wage.

If the employer has taken part in maternity insurance, the employer shall pay the birth insurance fund. If the employer fails to participate in maternity insurance, the employer shall pay the medical expenses.

Ninth female workers who laced (including artificial feeding) infants under 1 years of age (hereinafter referred to as lactation period) shall not extend their working hours or arrange their night shift work.

The employing unit shall arrange for less than 1 hours of lactation time for the lactation period during the daily working hours, as well as the breastfeeding time for every 1 breast-feeding babies and 1 hours per day.

The tenth countries encourage more female workers to set up female workers' health rooms, pregnant women's lounges, nursing rooms and other facilities.

The eleventh employers should arrange at least 1 women workers every 2 years to check the common diseases of women, and check the time as labor hours.

Twelfth safety production supervision and management departments of the people's governments at or above the county level shall be responsible for supervising and inspecting the scope of work prohibited by the employing units listed in the appendix of this Ordinance. The health administrative department shall supervise and inspect the medical institutions' execution of third items, third items and fourth items second items of the taboo labor scope listed in the appendix of this regulation, and the administrative department of human resources and social security shall be responsible for supervising and inspecting the execution of sixth, seventh, eighth, ninth and eleventh articles of this Ordinance by the employing units.

Trade unions and women's federations shall supervise the employing units' compliance with these regulations according to law, assist the administrative departments in carrying out their work, and safeguard the legitimate rights and interests of women workers.

Article thirteenth where the employing unit violates the provisions of these regulations, the safety production supervision and management department, the health administrative department and the human resources and social security administrative department of the people's government at or above the county level shall, in accordance with the division of responsibilities of the twelfth regulations of this regulation, order the employing unit to make corrections within a specified time, and impose a fine in accordance with the violation of a female worker who is less than 1000 yuan or less than 5000 yuan per person.

The fourteenth employer violates the provisions of the regulations and infringes on the lawful rights and interests of female workers and workers, the female workers may complain, report or appeal to the administrative department in accordance with the law, and apply for mediation and arbitration to the mediation arbitration institution of the labor personnel dispute, or bring a lawsuit to the people's court.

Fifteenth employers who violate the provisions of the regulations and cause damage to women workers shall be liable for compensation; the persons in charge of the direct responsibility of the crime and other persons directly responsible for the crime shall be investigated for criminal responsibility according to law.

The sixteenth regulations come into effect on the date of the year.

The regulations on labor protection for women workers promulgated by the State Council in July 21, 1988 shall be abolished simultaneously.

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Attachment: female workers' taboo labor scope

I. the range of labor prohibited by female workers:

(1) underground operation of mines;

(two) fourth grades of physical labor intensity in manual labor intensity grading standard;

(three) the task of loading more than 6 hours per hour, bearing more than 20 kilos per hour, or carrying on the load with a load of not more than 25 kilograms each time.

Two. The range of labor prohibited by female workers during menstruation:

(1) cold water operations of grade second, grade third and grade fourth specified in the grading standard for cold water operations;

(two) cryogenic operation of grade second, grade third and grade fourth specified in the grading standard for low temperature operation;

(three) the grade third and fourth physical labor intensity stipulated in the grading standard of physical labor intensity.

Three. The range of labor prohibited by female workers during pregnancy:

(1) lead and its compounds, mercury and its compounds in the workplace, benzene, cadmium, beryllium, arsenic, cyanide, nitrogen oxides, carbon monoxide, carbon disulfide, chlorine, acetal, chloroprene, vinyl chloride, ethylene oxide, aniline, formaldehyde and other toxic substances exceeding the national occupational health standards;

(two) engaged in the production of anticancer drugs, diethylstilbestrol, exposure to anesthetic gas and other easy to cause abortion or abnormal fetal development;

(three) operation of radioactive materials from non sealed sources, emergency disposal of nuclear accidents and radiation accidents;

(four) high level work specified in the grading standard for high altitude operations;

(five) cold water operations specified in the grading standard for cold water operations;

(six) low temperature operation stipulated in the classification standard for cryogenic operation;

(seven) operation of grade third and grade fourth specified in the classification standard for high temperature operation;

(eight) operation of grade third and grade fourth specified in the grading standard for noise operations;

(nine) the grade third and fourth physical labor intensity stipulated in the grading standard of physical labor intensity;

(ten) operations in confined spaces, high pressure rooms or diving operations, accompanied by strong vibration, or frequent bending, climbing and squatting operations.

Four. The range of labor prohibited by female workers during lactation:

(1) the first and ninth items of labor scope prohibited during pregnancy;

(two) third items of labor scope prohibited during pregnancy;

(three) the concentration of toxic chemicals such as manganese, fluorine, bromine, methanol, organophosphorus compounds and organic chlorinated compounds in the air of workplace exceeds that of national occupational health standards.