China employment law maintains the high advantageous aspect for female employees who are pregnant or in nursing phase. The most imperative thing for an employer to know is that Chinese employment law restricts the companies from singularly firing the work contract of a pregnant or nursing worker. For a similar reason, a business can’t start a mass cutback that will incorporate workers who are pregnant or nursing. A result of firing a pregnant woman can be a civil damage, administrative fine or a criminal issue. The law also prohibits the organization not to execute overtime for 7 months pregnant women. Regular checkups before delivery are very much considerable within working hours in China as well as the employer should reduce the workload of an expected woman if she provides doctor’s certificate and unable to perform or adjust her duties.
Also the employers must provide at least one hour per day during normal working hours for female employees who need to breastfeed. This requirement lasts until the baby turns one year old. Female employees who birthed more than one baby get an additional hour per day for breastfeeding for each additional baby.
According to the employment rules on the labour protection of female employees, they should be aware of the following:
- A total of 98 days of maternity leave, including 15 days before birth.
- Additional special leave for a “late” childbirth.
- An additional 15 days of special leave for a “difficult” childbirth.
- An additional 15 days of special leave for each additional child (twins, triplets, etc.)
- 15 days of special leave for an employee who miscarries when less than four months pregnant.
- 42 days of special leave for an employee who miscarries when more than four months pregnant.
Not only the female employees but also the employers should be aware of these labor protection rules of China employment law.