Provisions of Tianjin Economic Technological Development Area for Labor Protection of Women Staff and Workers

Adopted the 24th meeting of chairmen of the Administrative Commission of Tianjin Economic Technological Development Area on December 19, 2001)

Article 1 With a view to safeguarding the legitimate rights and interests of women staff and workers and protecting their health while working, these Provisions are formulated in accordance with Regulations of Tianjin Economic Technological Development Area for Labor Administration and other laws and regulations and in light of the actual conditions of Tianjin Economic Technological Development Area (hereinafter referred to as "TEDA").

Article 2 These Provisions shall apply to women staff and workers in the administrative units, institutions and social organizations of TEDA as well as women staff and workers who have established labor relationships with the employing units.

Article 3 The implementation of these Provisions shall be carried out by the employing units and subject to inspection by TEDA labor administrative department, and supervision by the trade union.

Article 4 No TEDA employing unit with work suitable for women staff and workers is allowed to refuse to employ them.

Article 5 Women staff and workers are entitled to have half a day's leave on March 8th, the Women's Day and the employing units may organize activities for women staff and workers. If the leave is not possible because of work, overtime shall be paid in accordance with the State stipulations. In case that the Women's Day happens to be on Saturday or Sunday, no extra leave shall be given.

Article 6 It is prohibited to arrange for women staff and workers to engage in the following work:

(1) work with Grade IV physical labor intensity in the standard of Grades of Physical Labor Intensity (GB3869-97);
(2) work of installation and demolishment of scaffoldings in the building industry;
(3) work in the water in the leather and fur industry;
(4) work of erecting lines high above the ground in the electric power and telecommunication industry;
(5) work of repeatedly carrying of objects weighing up to over 20 kilograms or non-repeatedly carrying of objects weighing up to over 25 kilograms each time;
(6) other work especially harmful to women's physiological functions.

In case that the labor contracts of the women staff and workers during their pregnant, puerperal or baby-nursing periods have to be terminated by reason of discontinuity of production and operation of their employing units, their employing units shall pay all the social insurance for them till the end of the baby-nursing period as well as allowances of no less than the minimum living standard till the end of the pregnant period.

Article 8 Women staff and workers engaging in the following work shall, during their menstrual period , be temporarily transferred from their original post to an appropriate post. In case that no transference is allowed, they shall be entitled to have two days' leave with pay.

(1) work with Grade III physical labor intensity in the standard of Grades of Physical Labor Intensity (GB3869-97);
(2) work with Grade II and the above grades in the standard of Grades of Work High above the Ground;
(3) work under low temperature of less than 5 degree Celsius;
(4) work in cold water without being heated in cold seasons;
(5) work with mobility in the open field.

Article 9 No employing unit shall arrange for women staff and workers to engage in the following work during their pregnant period:

(1) work with Grade III physical labor intensity in the standard of Grades of Physical Labor Intensity (GB3869-97);
(2) work with intensive vibration;
(3) work with Grade I and the above grades in the standard of Grades of Work High above the Ground;
(4) work with radioactive dosage above the standard of health protection;
(5) work in the working places where the concentration, in the air, of toxic substances such as lead and its chemical compound, mercury and its chemical compound, manganese, benzene, carbon disulfide, formaldehyde exceeds the State health standard;
(6) work with repeated stooping, climbing high and squatting.
No working hours shall be extended beyond the normal working hours.

Article 10 The employing units shall not arrange for women staff and workers who have been pregnant for seven months or more to work night shifts from 22:00 to 5:00 the next morning. For those working in standing position, seats for them to rest during the breaks shall be placed at the work site, one hour's rest shall be arranged for them for each shift, and correspondingly their work quota shall be reduced. In case that it is difficult for their employing units to arrange these, the women staff and workers who are permitted to go on leave shall be paid, during the period of leave, by their employing units living expenses of no less than the minimum living standard of Tianjin Municipality and their employing units shall continue to pay their social insurance. The basis for the premium paid shall be no less than the minimum wages standard of Tianjin Municipality.

Article 11 Pregnant women staff and workers shall obtain the Health Care Handbook of Tianjin Municipality for Pregnant and Puerperal Women as required by the medical department; when they undergo prenatal examinations, with each time requiring half a day, during working hours, their employing units shall count their examination time as working time.

The specific requirements for prenatal examinations during pregnant period are:
Initial examination: the pregnant women shall establish their Health Care Handbooks before the 12th week of their pregnancy;
Subsequent examinations: an examination shall be conducted at the 20th, 28th, 32nd, 34th, 36th week of pregnancy respectively; after the 38th week, examination shall be carried out once each week till the delivery.

Article 12 The maternity leave for women staff and workers is 90 days, 15 days of which may be taken ante partum. Women staff and workers who have child late, that is, those getting married at the age above 24, or those giving birth to their first child at the age of 24, shall have additional 30 days of maternity leave on the basis of 90 days or be given as award one month basic pay, which shall be borne by the units where the couple concerned work, each for 50 percent, the choice of which ways of award shall be decided by the women staff and workers.

Article 13 Women staff and workers who have dystocia shall have additional 15 days of maternity leave. The dystocia includes Caesarean operation, delivery with obstetric forceps and breech obstetric operation. Complications of pregnant women or of women in or after childbirth, eclampsia or postpartum hemorrhage of more than 500ml shall be treated as dystocia, as certified by the medical units, and additional 15 days of maternity leave shall be given.
With respect to the multiparous women staff and workers, additional 15 days of maternity leave shall be given for delivery of each extra child.

Article 14 The pregnant staff and workers who have a miscarriage or an abortion shall be given maternity leave by their employing units upon the certification by the medical departments in accordance with the following stipulations:

(1) 15 days of maternity leave for those with pregnancy below 3 months;
(2) 30 days for those with pregnancy of above 3 months (including 3 months) to 4 months;
(3) 42 days for those with pregnancy of above 4 months (including 4 months ) to 7 months;
(4) regular maternity leave for those with pregnancy above 7 months (including 7 months).

Article 15 Women staff and workers shall, in accordance with the provisions of Measures of Tianjin Economic Technological Development Area for Childbirth and Children Medical Insurance, be entitled to the maternity leave allowance during their maternity leave stipulated. The allowance shall be calculated and paid in accordance with the standard of Tianjin average monthly pay of staff and workers in the previous year.

Article 16 When women staff and workers are pregnant or give birth as in conformance with the stipulations of family planning, their expenses on examinations, operation and hospitalization and medicine expenses within the scope stipulated, shall be handled in accordance with the relevant provisions of Measures of Tianjin Economic Technological Development Area for Childbirth and Children Medical Insurance.

Two weeks of time shall be allowed for gradually restoring the original work quota for the women staff and workers who resume their work after their maternity leave.

Article 17 The baby-nursing period for the women staff and workers shall begin with childbirth and end when the child is one year old; there shall be two times of nursing each day and 30 minutes for each time. 30 minutes shall be added in each time for nursing one extra baby. The time for baby-nursing can be used together and shall be counted as working time.

Article 18 The employing units may not arrange for women staff and workers to engage in the following work during their baby-nursing period:

(1) work with Grade III physical labor intensity in the standard of Grades of Physical Labor Intensity (GB3869-97);
(2) work in the working places where, in the air, the concentration of toxic substances such as manganese, fluorine, bromine, methyl alcohol, organic phosphorus compound or organic chlorine compound exceeds the State health standard;
(3) work with mobility.

It is prohibited to arrange for women staff and workers to prolong their working hours or to work the night shift during their baby-nursing period.

Article 19 After their maternity leave ends, the women staff and workers who are in conformance with the State stipulations of family planning may, upon their personal application and approval by their units, ask for the baby-nursing leave, which extends from the day the maternity leave ends to the day their baby gets one year old.

Article 20 During the baby-nursing leave, the subsidy for baby-nursing leave shall be paid monthly by the social insurance agency of TEDA. The subsidy shall be paid monthly according to the standard of minimum wages of Tianjin Municipality.

Article 21 The employing units shall pay the social insurance for the women staff and workers who are in the maternity leave and the baby-nursing leave in accordance with the relevant provisions of Measures of Tianjin Economic Technological Development Area for Childbirth and Children Medical Insurance.

Article 22 Women staff and workers who have an operation in accordance with the stipulations of the State family planning shall be entitled to two days' leave with pay starting from the date of operation.

Article 23 Employing units shall establish and perfect the health files of their women staff and workers. A gynecological examination shall be given at least every two years. Women staff and workers engaging in toxic or harmful work must be given an occupational health examination annually. The employing units shall be responsible for the examination expenses concerned.

Article 24 In case that the rights and interests in respect of labor protection are infringed, women staff and workers are entitled to appeal to the labor dispute arbitration committee of TEDA. The arbitration committee shall give an adjudication within 60 days from the date of receiving the letter of appeal. In case of dissatisfaction with the adjudication, the women staff and workers may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award.

Article 25 In case that these Provisions are violated and the rights and interests of labor protection of women staff and workers are infringed, the competent departments in charge of the employing units should give disciplinary sanctions, in accordance with the seriousness of circumstances, to the responsible persons of their employing units and the persons direct responsible for the infringement and order the employing units to make reasonable economic compensations for the women staff and workers whose rights and interests are infringed.

Article 26 The Administrative Commission of TEDA shall be responsible for the interpretation of these Provisions.

Article 27 These Provisions shall come into force as of April 1, 2002.