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第227号 广东省实施《女职工劳动保护特别规定》办法
来源:广东省司法厅      发布时间:2019-04-28 16:57   

  广东省人民政府令

  第227号

  Decree of the People’s Government of Guangdong Province

  No. 227


  广东省实施《女职工劳动保护特别规定》办法经2016年11月3日广东省人民政府第十二届85次常务会议通过,2016年12月20日公布,自2017年2月1日起施行。

  The Measures of Guangdong Province on the Implementation of Special Provisions on Labor Protection of Female Employees adopted at the 85th executive meeting of the 12th Session of the People’s Government of Guangdong Province on November 3, 2016 are hereby promulgated on December 20, 2016 and shall become effective as of February 1, 2017

                                                        省长 朱小丹

  Governor Zhu Xiaodan

  2016年12月20日

            December 20, 2016


  广东省实施《女职工劳动保护特别规定》办法

  Measures of Guangdong Province on the Implementation of Special Provisions

 on Labor Protection of Female Employees


  第一条 为了实施《女职工劳动保护特别规定》,结合本省实际,制定本办法。

  Article 1 

  These Measures are formulated for the purpose of implementing the Special Provisions on Labor Protection of Female Employees in light of the actual situation of this Province.

  第二条 本办法适用于本省行政区域内国家机关、企业、事业单位、社会团体、个体经济组织以及其他社会组织等用人单位女职工的劳动保护。

  Article 2 

  These Measures shall apply to the labor protection of female employees of State organs, business enterprises, public service units, social groups, individually-owned economic organizations and other social organizations within the administrative region of this Province.

  第三条 县级以上人民政府应当加强对女职工劳动保护工作的领导。

  Article 3

  People’s governments at the county level or above shall strengthen their leadership over labor protection of female employees.

  县级以上人民政府人力资源社会保障行政部门、安全生产监督管理部门按照各自职责,对用人单位女职工劳动保护工作进行监督检查。

  The human resources, social security, and work safety supervision departments of the people’s governments at the county level or above shall, to the extent of their respective functions and duties, supervise and inspect the labor protection of female employees by the employers thereof.

  第四条 工会、妇女组织依法对用人单位女职工劳动保护工作进行监督,支持和协助女职工维护其合法权益。

  Article 4

  Trade unions and women’s organizations shall supervise the labor protection of female employees by the employers thereof in accordance with laws, and shall support and assist female employees in safeguarding their legitimate rights and interests.

  第五条 用人单位应当建立健全女职工劳动保护制度,改善女职工劳动安全卫生条件,加强对女职工的劳动安全卫生知识培训。

  Article 5

  The employers shall establish and improve their respective labor protection system for female employees, improve the work safety and health conditions of female employees, and strengthen the training of female employees on work safety and health.

  第六条 用人单位应当遵守女职工禁忌从事的劳动范围的规定。用人单位应当将本单位属于女职工禁忌从事的劳动范围的岗位书面告知女职工。

  Article 6

  Employers shall comply with the provisions on the scope of work in which the employment of female employees is prohibited. Employers shall inform their female employees in writing of the posts which fall within the scope of work in which the employment of female employees is prohibited.

  女职工禁忌从事的劳动范围依照《女职工劳动保护特别规定》的规定执行。

  The scope of work in which the employment of female employees is prohibited shall be subject to the Special Provisions on the Labor Protection of Female Employees.

  第七条 用人单位不得在劳动合同或者聘用合同中与女职工约定限制其结婚、生育等合法权益的内容;不得因性别原因在薪酬调整、职务晋升等方面歧视或者限制女职工。

  Article 7

  In labor contracts or employment contracts made with female employees, employers may not include any term or condition restricting any of the female employees’ legitimate rights and interests, inter alia, those relating to marriage and childbirth, nor may they subject female employees to any discrimination or restriction in wages adjustment or career promotion on the ground of their gender.

  第八条 从事连续4个小时以上立位作业的女职工,月经期间经本人申请,用人单位应当为其安排适当的工间休息。

  Article 8

  With respect to female employees who work for more than four consecutive hours or longer in a standing position during their menstrual period, the employers thereof shall, upon application by such female employees, arrange appropriate rest breaks for them during menstrual periods.

  用人单位每月可以向女职工发放必要的卫生用品或者劳动保护卫生费。

  The employers may issue necessary sanitary supplies or labor protection and health subsidy to the female employees on a monthly basis.

  第九条 女职工需要在劳动时间内进行婚前检查的,用人单位应当给予便利。

  Article 9

  Where a female employee needs to undergo premarital examination during her working hours, the employer thereof shall provide her with necessary convenience.

  第十条 在女职工怀孕期间,用人单位应当遵守以下规定:

  Article 10

  During the pregnancy of a female employee, the employer thereof shall comply with the following provisions:

  (一)女职工不能适应原劳动岗位的,应当根据医疗机构的证明,予以减轻劳动量或者安排其他能够适应的岗位。

  (1) Where a female employee is unsuitable for her current post, her employer shall, on the basis of the certification provided by a competent medical institution, reduce her workload or assign her to another post that suits her;

  (二)女职工经医疗机构诊断确需保胎休息的,保胎休息的时间按照病假处理。

  (2) Where the diagnosis by a medical institution indicates that it is necessary for the female employee to take time off work to ensure the health of her fetus, such time off shall be deemed as sick leave;

  (三)女职工怀孕7个月以上的,每天安排1小时工间休息,工间休息时间视同其正常劳动并支付正常工作时间的工资,并不得安排其延长工作时间或者从事夜班劳动;对从事立位作业的女职工,还应在其工作场所设休息座位。

  (3) Where a female employee is seven months or more into her pregnancy, she shall be entitled to a daily one-hour break during her working hours. The one-hour break shall be deemed as regular working time and shall be paid as such. It is prohibited to extend her working hours or arrange her to work on any night shift; and if the female employee works in a standing position, a seat shall be arranged for her at her workplace; and

  (四)女职工在劳动时间内按照规定进行产前检查的,所需时间视同其正常劳动并支付正常工作时间的工资。

  (4) Where the female employee undergoes prenatal examination within her working hours, the time needed for such examination shall be deemed as regular working time and shall be paid for as such.

  第十一条 女职工生育享受98天产假,其中产前可以休假15天;生育时遇有难产的,增加30天产假;生育多胞胎的,每多生育1个婴儿,增加15天产假;符合法律、法规规定生育子女的,按照《广东省人口与计划生育条例》的有关规定享受奖励假。

  Article 11

  Every female employee is entitled to a maternity leave of 98 days, of which 15 days may be used before childbirth. In case of dystocia, the maternity leave shall be extended by 30 days. In cases of multiple births, the maternity leave shall be extended by 15 days for each additional newborn; female employees who give birth to children in accordance with all applicable laws and regulations shall be entitled to an award of additional days to their maternity leaves in accordance with relevant provisions of the Regulations of Guangdong Province on Population and Family Planning.

  女职工怀孕未满4个月终止妊娠的,根据医疗机构的意见,享受15天至30天产假;怀孕4个月以上7个月以下终止妊娠的,享受42天产假;怀孕满7个月终止妊娠的,享受75天产假。

  Where a female employee whose pregnancy is terminated within the first four months thereof, she shall be entitled to a maternity leave of 15 to 30 days subject to the diagnosis of a medical institution; where the pregnancy is terminated between 4 months and 7 months, she shall be entitled to a maternity leave of 42 days; where the pregnancy is terminated after 7 months, she shall be entitled to a maternity leave of 75 days. 

  《广东省职工生育保险规定》对女职工生育享受生育津贴的产假天数的规定与本条第二款规定不一致的,按照本条第二款规定执行。

  Where the provisions under the Provisions of Guangdong Province on Maternity Insurance for Employees are inconsistent with Paragraph 2 of this Article regarding days of maternity leave of a female employee with the maternity allowance, the latter shall prevail. 

  第十二条 女职工实行计划生育手术的假期按照国家和省的有关规定执行。

  Article 12

  Leaves for female employees to undergo family-planning-related medical operation shall be subject to relevant rules and regulations of the State and this Province. 

  第十三条 女职工按照规定休产假或者计划生育手术假的,享受国家和省规定的生育保险待遇。用人单位未参加生育保险或者欠缴生育保险费,造成女职工不能享受生育保险待遇的,由用人单位按照本省及所在统筹地区规定的生育保险待遇标准向女职工支付费用;其中生育津贴低于女职工原工资标准的,用人单位还应补足差额部分。

  Article 13

  A female employee who takes maternity leave or family-planning-operation leave in accordance with relevant provisions shall be entitled to all the maternity insurance benefits as may be prescribed by the State and this Province. Where the female employee cannot access such birth insurance benefits due to the employer’s failure to purchase such birth insurance or to make birth insurance contribution timely, the employer shall pay an amount of money at the rate of birth insurance benefits applicable in this Province and the insurance pooling region where the employer is located. Where the maternity allowance in the insurance benefits is lower than the original wages of the female employee, the employer shall also cover the difference.

  前款所称女职工原工资标准,是指女职工依法享受产假或者计划生育手术假前12个月的月平均工资。前12个月的月平均工资按照女职工应得的全部劳动报酬计算,包括计时工资或者计件工资以及奖金、津贴、补贴等货币性收入。前12个月的月平均工资低于女职工正常工作时间工资的,按照正常工作时间工资标准计算。女职工享受假期前在用人单位工作未满12个月的,按照其实际参加工作的月份数计算。

  The original wages of a female employee refers to the average monthly wages of the female employee during the 12-month period prior to the maternity leave or family-planning-related operation leave that she is entitled to in accordance with law. The average monthly wages during the 12-month period shall be calculated on the basis of all work remuneration receivable by the female employee during that period, including hourly wages or piecework wages, and such monetary incomes as bonus, allowances and subsidies. Where the average monthly wages of the female employee in the 12-month period is lower than the wages during her regular working time, then the latter shall be adopted. If the female employee has been working for her employer for less than 12 months before she takes the maternity leave, her average income shall be calculated on the basis of the actual number of months during which she has been working for her employer.

  第十四条 女职工妊娠期间引产的,用人单位可以结合本单位实际,发给一次性营养补助。

  Article 14

  When a female employee undergoes induced labor, her employer may, in light of its specific conditions, provide her with a lump-sum nutrition subsidy.

  第十五条 女职工产假期满上班,用人单位应当给予1至2周的适应时间。

  Article 15

  Where a female employee resumes her work after the expiration of her maternity leave, the employer thereof shall grant her a reintegration period of one to two weeks. 

  第十六条 女职工产假期满,确有实际困难的,经本人申请,用人单位批准,可以请哺乳假至婴儿1周岁。哺乳假期间的工资待遇由双方协商决定。

  Article 16

  Where there are justifiable actual situation upon expiration of the maternity leave, a female employee may apply to take a nursing leave that ends by the time when the newborn child reaches one year of age, subject to approval of her employer. The wages and other benefits of the female employee shall be determined by the female employee and her employer through negotiation.

  第十七条 对哺乳未满1周岁婴儿的女职工,用人单位不得延长劳动时间或者安排夜班劳动。

  Article 17

  Where a female employee is nursing an infant less than one year of age, the employer thereof may not extend her working time or arrange her to work on any night shift.

  用人单位应当在每天的劳动时间内为哺乳期女职工安排1小时哺乳时间;女职工生育多胞胎的,每多哺乳1个婴儿每天增加1小时哺乳时间。哺乳时间和在本单位内为哺乳往返途中的时间,视同其正常劳动并支付正常工作时间的工资。

  The employers shall provide lactation female employees with one hour of breastfeeding time within their working time of each working day; for female employees who have multiple births shall be entitled to an additional one hour in nursing time per additional infant. The breastfeeding time and the time necessary for traveling to and from their workplace for breastfeeding purposes shall be deemed as regular working time and shall be paid for as such. 

  第十八条 女职工比较多的用人单位应当根据女职工的需要,配备女职工卫生室、孕妇休息室、哺乳室等设施。

  Article 18

  Employers who employ a relatively large number of female employees shall, on the basis of the needs of the female employees, make such facilities available as health clinic for female employees, lounges for pregnant employees, and nursing rooms.

  第十九条 女职工经二级以上医疗机构确诊为更年期综合症,且不适应原劳动岗位的,经本人申请,用人单位应当适当减轻其劳动量,或者协商安排其他合适的岗位。

  Article 19

  Where a female employee is diagnosed by a second-class or above medical institution as suffering from climacteric syndromes, and is no longer suitable for her current post, the employer shall, upon application by the female employee, reduce her workload to an appropriate extent, or arrange her to assume another post that suits her through negotiation. 

  第二十条 用人单位可以每1至2年组织女职工进行一次妇科疾病检查,鼓励有条件的用人单位定期组织女职工进行乳腺癌、宫颈癌筛查。

  Article 20

  Employers may organize their female employees to undergo a gynecological disease examination every one to two years. Employers with the necessary conditions are encouraged to organize female employees to undergo screening for breast cancer and cervical cancer.

  第二十一条 用人单位应当加强劳动场所的防范措施,预防和制止对女职工的性骚扰。

  Article 21

  Employers shall strengthen workplace safety protection, prevent and stop sexual harassment of female employees.

  女职工在劳动场所受到性骚扰,向用人单位反映或者投诉的,用人单位应当及时处理,并依法保护女职工的个人隐私。

  Where a female employee is subject to sexual harassment at the workplace and report or complains to the employer, her employer shall take timely measures and protect personal privacy of the female employee in accordance with law.

  第二十二条 用人单位违反本办法规定,应当给予行政处罚的,由县级以上人民政府人力资源社会保障行政部门或者安全生产监督管理部门按照《中华人民共和国劳动法》《女职工劳动保护特别规定》等法律、法规的规定予以处罚。

  Article 22

  Where an employer, who violates the provisions of these Measures, are subject to administrative punishment, the departments of human resources and social security or work safety of the people’s governments at the county level or above shall impose sanctions against the employer in accordance with such laws and regulations as the Labor Law of the People’s Republic of China and the Special Provisions on Labor Protection of Female Employees.

  第二十三条 用人单位违反本办法规定,侵害女职工合法权益的,女职工可以依法投诉、举报、申诉,或者依法向劳动人事争议调解组织申请调解,也可以依法向劳动人事争议仲裁机构申请仲裁。对仲裁裁决不服的,依法向人民法院提起诉讼。

  Article 23

  Where an employer violates the provisions of these Measures by infringing upon the legitimate rights and interests of a female employee, the female employee may file a complaint, report, petition against their employer, or apply to mediation organizations for labor disputes for mediation or to the arbitration institutions for labor disputes for arbitration in accordance with law. If the female employee are not satisfied with the arbitration award, she may refer the dispute to the competent people’s court in accordance with law.

  第二十四条 用人单位违反本办法规定,侵害女职工合法权益,造成女职工损害的,依法承担赔偿责任;对用人单位直接负责的主管人员和其他直接责任人员依法处理;涉嫌犯罪的,移送司法机关依法处理。

  Article 24

  Where an employer violates the provisions of these Measures by infringing upon the legitimate rights and interests of a female employee, which results in any loss to the female employee, the employer shall be held liable for such loss; the person (s) in charge who is directly responsible for the employer as well as other person (s) directly responsible for such infringement shall be held accountable in accordance with law. Where they are suspected of committing a crime, they shall be referred to the competent judicial authority for prosecution.

  第二十五条 本办法自2017年2月1日起施行。1989年1月29日广东省人民政府发布的《广东省女职工劳动保护实施办法》(粤府〔1989〕16号)同时废止。

  Article 25

  These Measures shall become effective as of February 1, 2017. The Measures of Guangdong Province on the Implementation of Labor Protection of Female Employees promulgated by the People’s Government of Guangdong Province (Decree of the People’s Government of Guangdong (1989) No. 16) shall be repealed simultaneously.