Female Employee Rights in China
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In China, most women will work till their retirement, even after they give birth. China labor law specifies some special provisions about the labor protection of female employees, as well as the interests and rights of a female employee.
1. Labor protection for female
All companies shall comply with the provisions on scope of incompatible labor work for female employees, which specifies the scope of incompatible labor work for female employees in general, as well as during the menstruation period and during pregnancy. Additionally, the company is obliged to notify the female employees of the positions in the company which fall under this scope, if any.
2. Special protection for female during pregnancy, childbirth and breastfeeding (“three phases”)
1) No company shall reduce the salary of any female employee or terminate the labor contract during the three periods;
2) When a female employee is unable to perform her original job duties during pregnancy, the company shall reduce her workload or arrange another suitable position based on the certification of the medical institution.
For a female employee who is in the third semester of pregnancy, the company shall not extend her working hours or assign night shift duties, and shall allocate a fixed resting time during working hours.
The time taken for prenatal checkups of pregnant woman during her working hours shall be included in their working hours.
3. Special treatment for females around childbirth and breastfeeding
1) The maternity allowance during maternity leave of female employees who have bought maternity insurance shall be paid out from the maternity insurance fund based on the average monthly salary of the company's staff for the preceding year; for those who are not covered by maternity insurance, the maternity allowance shall be paid by the company based on the female employee's salary prior to her maternity leave...