1988.07.21
STATE COUNCIL OF CHINA
REGULATIONS CONCERNING THE LABOR PROTECTION OF FEMALE STAFF AND WORKERS
(Adopted on 28 June 1988 at the Eleventh Regular Session of the State
Council, promulgated on 21 July 1988 and effective from 1 September
1988)
Article 1 These Regulations are formulated in order to safeguard the
lawful rights and interests of female staff and workers, to reduce and
solve the special difficulties encountered by female staff and workers
in their labor and work (hereinafter collectively referred to as
"Labor") due to their physiological characteristics, and to protect
their health, so as to promote socialist modernization.
Article 2 These Regulations shall apply to the female staff and workers
of all state agencies, mass organizations, enterprises and units
(hereinafter collectively referred to as "Units").
Article 3 Any Unit which is suitable for women to engage in Labor may
not refuse to employ female staff and workers.
Article 4 During the pregnancy, maternity leave and nursing period of
female staff and workers, their basic salaries may not be reduced and
their Labor contracts may not be cancelled.
Article 5 It shall be forbidden to arrange for female staff and workers
to engage in Labor in mine pits, Labor involving physical Labor of the
fourth (4th) degree of intensity as specified by the state, or any other
kind of Labor to be avoided by female staff and workers.
Article 6 During the menstrual period of female staff and workers, the
Units employing them may not arrange for them to engage in Labor at high
altitudes, in low temperatures or involving contact with cold water, or
Labor involving physical Labor of the third (3rd) degree of intensity as
specified by the state.
Article 7 During the pregnancy of female staff and workers, the Units
employing them may not arrange for them to engage in Labor involving
physical Labor of the third degree of intensity as specified by the
state or any kind of Labor to be avoided during pregnancy, and may not
extend their Labor hours beyond the usual Labor day. For those who are
no longer competent at their original Labor, the volume of Labor shall
be reduced, or other Labor shall be arranged, according to a certificate
from a medical department.
Generally, no night-shift Labor may be arranged for female staff and
workers in or past the seventh (7th) month of pregnancy and they shall
be given certain rest periods during their Labor hours.
The time spent by pregnant female staff and workers on antenatal
examination during Labor hours shall be deemed to be Labor hours.
Article 8 The maternity leave of female staff and workers shall be
ninety (90) days, including fifteen (15) days of antenatal leave. An
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