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Law on the Protection of Women's Rights and Interests
In the workplace, the protection of women's rights and interests has always been a hot topic. In recent years, China has introduced a series of laws and regulations to protect the legitimate rights and interests of female employees. This article will cite legal provisions to analyze the relevant content of the protection of women's rights and interests in the workplace.
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Equal employment opportunities
Workers have the right to equal employment. Employers shall not refuse to hire or raise recruitment standards on the grounds of gender, age, race, religious belief, etc.
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Labor Law of the People's Republic of China
Article 12 Workers shall not be discriminated against in employment on the basis of differences in ethnicity, race, gender, or religious belief.
Article 13: Women enjoy employment rights equal to those of men. When hiring employees, they must not refuse to hire women or raise the standards for hiring women, except for jobs or positions that are not suitable for women as provided by the State.
The State guarantees that women enjoy equal labour rights with men, and that women enjoy equal employment opportunities and the right to choose occupations.
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Law of the People's Republic of China on the Protection of Women's Rights and Interests
Article 41: The state is to ensure that women enjoy labor rights and social security rights equal to those of men.
Article 43 In the process of recruiting (hiring), employers must not carry out the following acts except as otherwise provided by the state:
1) Restricting males or stipulating that males are preferred;
2) In addition to basic personal information, further inquire about or investigate the marital and childbearing circumstances of female job applicants;
3) Take the pregnancy test as a physical examination item for entry;
4) Make restrictions on marriage or childbirth, or marital or childbirth status, a condition for hiring (hiring);
5) Other acts of refusing to hire (hiring) women on the grounds of sex, or differentiating the standards for hiring (hiring) women.
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Pay equity
The employer shall, in accordance with the provisions of the labor contract, pay the employee in full and in a timely manner, and shall not reduce the wage standard due to gender, age and other factors.
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Labor Law of the People's Republic of China
Article 3 Workers enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights provided for by law.
Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.
The State guarantees that women enjoy the right to equal remuneration for work with men, and that women enjoy the right to equal pay for equal work under the same conditions.
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Law of the People's Republic of China on the Protection of Women's Rights and Interests
Article 45: Men and women are paid equally for equal work. Women have equal rights with men in terms of benefits.
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Career development and promotion
Employers shall provide vocational training and promotion opportunities for employees, and shall not hinder their career development and promotion on the basis of gender and other factors.
The State guarantees that women enjoy the right to career development and promotion on an equal basis with men, and that women enjoy equal treatment in areas such as career advancement.
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Law of the People's Republic of China on the Protection of Women's Rights and Interests
Article 46: The principle of equality between men and women shall be adhered to in areas such as promotions, promotions, evaluations of professional and technical titles and positions, and training, and must not discriminate against women.
Article 48: Employers must not reduce the wages and benefits of female employees, restrict female employees' promotions, promotions, or evaluations of professional and technical titles and positions, dismiss female employees, or unilaterally terminate labor (employment) contracts or service agreements due to circumstances such as marriage, pregnancy, maternity leave, or breastfeeding.
Where a female employee is pregnant or during the period of maternity leave in accordance with law, and the term of the labor (employment) contract or service agreement expires, the term of the labor (employment) contract or service agreement shall be automatically extended until the end of the maternity leave. However, there is an exception where an employer dissolves or terminates a labor (employment) contract or service agreement in accordance with law, or a female employee requests the rescission or termination of a labor (employment) contract or service agreement in accordance with law.
Employers shall not discriminate against women on the grounds of sex when implementing the national retirement system.
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Maternity security and leave
Female employees enjoy special labor protection during pregnancy, childbirth and lactation. Employers must not reduce the wages or terminate labor contracts of female employees because they are pregnant, giving birth, or breastfeeding.
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Labor Law of the People's Republic of China
Article 29 Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law:
1) Suffering from an occupational disease or being injured at work and confirmed to have lost or partially lost the ability to work;
2) Sick or injured within the prescribed period of medical treatment;
3) Female employees during pregnancy, childbirth, or breastfeeding;
4) Other circumstances provided for by laws and administrative regulations.
Article 61: Female employees must not be arranged to engage in labor of the highest physical labor intensity as provided by the state or labor that is contraindicated during pregnancy. Female employees who are more than seven months pregnant shall not be arranged to work longer hours or night shifts.
Article 62: Female employees are entitled to not less than 90 days of maternity leave when they give birth.
Article 63: Female employees must not be arranged to engage in labor of the highest intensity of physical labor as prescribed by the state or other labor that is contraindicated during breastfeeding while breastfeeding infants under the age of one, and must not be arranged to work longer hours or night shifts.
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The State guarantees that women enjoy the right to maternity security and leave on an equal footing with men, and that women enjoy the same rights and treatment in the areas of childbirth and child rearing.
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Law of the People's Republic of China on the Protection of Women's Rights and Interests
Article 47: Employers shall, on the basis of women's characteristics, lawfully protect women's safety, health, and rights to rest at work and during labor.
Women are given special protection during menstruation, pregnancy, childbirth, and lactation.
Five
Anti-Gender Discrimination and Sexual Harassment
Employers shall not discriminate against or sexually harass employees. If there is any gender discrimination or sexual harassment, the employee can file a complaint with the employer or report it to the labor inspection department.
The State guarantees women's right to resist gender discrimination and sexual harassment, and women have the right to refuse or report acts of sexual harassment. Employers shall take measures to prevent and stop the occurrence of sexual harassment.
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Law of the People's Republic of China on the Protection of Women's Rights and Interests
Article 23: It is prohibited to sexually harass women against their will through methods such as words, writing, images, or physical conduct.
Victim women may file complaints with relevant units and state organs. Relevant units and state organs that receive complaints shall promptly handle them and inform them in writing of the outcome.
Victim women may report the case to the public security organs, and may also file a civil lawsuit in the people's court, requesting that the perpetrator bear civil liability in accordance with law.
Article 25: Employers shall employ the following measures to prevent and stop sexual harassment of women:
1) Formulate rules and regulations prohibiting sexual harassment;
2) Clarify the responsible institutions or personnel;
3) Carry out education and training activities to prevent and stop sexual harassment;
4) Take necessary security measures;
5) Set up complaints**, mailboxes, etc., and smooth complaint channels;
6) Establish and improve investigation and disposition procedures, promptly handle disputes, and protect the privacy and personal information of parties;
7) Support and assist women victims in providing psychological counseling to women victims when necessary;
8) Other reasonable measures to prevent and stop sexual harassment.
Article 80: Where the provisions of this Law are violated by sexually harassing women, the public security organs are to give criticism and education or issue a written warning, and the unit to which they belong is to give sanctions in accordance with law.
Where schools or employers violate the provisions of this Law by failing to employ necessary measures to prevent and stop sexual harassment, causing violations of women's rights and interests or a heinous social impact, the organ at the level above or the competent department is to order corrections;where corrections are refused or the circumstances are serious, the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law.
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Rights protection and legal aid
1. If female employees encounter infringement of their rights and interests in the workplace, they can protect their rights through the following channels: communicate and negotiate with the employer to resolve the issue;Complaints to trade unions, women's federations and other organizations;Report to the Labour Inspectorate;Initiating labor arbitration or litigation, etc. 2. If you need legal aid, you can apply to the local legal aid center to get free legal advice and services.
As a working woman, you should understand your legitimate rights and interests and actively protect your rights and interests. At the same time, it is also hoped that employers can comply with relevant laws and regulations and provide a fair and just employment environment and development opportunities for female employees.
*: Provincial Women's Federation Rights and Interests Department.
Editor: Li Zhihong.
Proofreader: Wu Yuanzi.
Review: Yang Yilin.
Editor-in-chief: Lu Aizhuo.
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