Promulgation Date: 2023-3-8 Title: Notice on the Release of the System for the Elimination of Sexual Harassment in the Workplace (Reference Text) and System for Special Workplace Protections of Female Workers (Reference Text) Document Number:人社厅发〔2023〕8号 Expiration date: Promulgating Entities: General Office of the Ministry of Human Resources and Social Security, General Office of the National Health Commission, General Office of the Supreme People's Procuratorate, General Office of the All-China Federation of Trade Unions, Office of the China Enterprise Confederation/China Enterprise Directors Association, General Office of the All-China Federation of Industry and Commerce Source of text: http://www.mohrss.gov.cn/xxgk2020/fdzdgknr/zcfg/gfxwj/ldgx/202303/t20230309_496485.html
Table of Contents
- System for the Elimination of Sexual Harassment in the Workplace (Reference Text)
- System for Special Workplace Protection of Female Workers (Reference Text)
Chapter I: General Provisions
Article 1: This system is designed on the basis of the PRC Civil Code and the PRC Law on the Protection of Women’s Rights and Interests so as to eliminate workplace sexual harassment, protect female workers’ rights and interests in accordance with law, and create a safe, healthy, and comfortable work environment.
Article 2: Harassment as used in this system refers to conduct causing others to have feelings of discomfort associated with sex against their will through any means, including language, expressions, actions, text, images, video, voice, or links, regardless of whether the person carrying out the conduct has improper goals or intents such as to sexually harass.
Article 3: This system was reviewed and adopted by the ___ meeting of the ___ workers' congress.
Article 4: This system applies to all workers in this unit and is to be publicly announced to all workers.
Chapter II: Public Pledge
Article 5: This unit makes a public pledge to show zero tolerance for sexual harassment.
Article 6: This unit clarifies that the __ department is responsible for the organization and implementation of this system, and is responsible for the investigation and handling of reports and complaints that are received about workplace harassment. All levels of management have a duty and are to dedicate personnel responsible for efforts to prevent and stop sexual harassment in the workplace.
This unit is to establish an oversight and inspection group led by the person responsible for the labor union, with a designated proportion of female workers in the group. The oversight and inspection group is to periodically conduct inspections of the implementation of this system and publish the results to all workers.
Article 7: The conduct forbidden in this unit’s workplace includes, but is not limited to the following: (1) Using unwelcome language to tease, tell off-color jokes, describe personal sexual experiences, or use unwelcome forms of address, etc.; (2) Intentionally touching, bumping, or kissing other’s sensitive areas, inappropriately displaying private body parts or sexually touching or stoking oneself near others; (3) displaying pornographic or provocative text, images, voice, video etc. by sending or directly displaying information from Wechat, text message, email, etc.; (4) Placing obscene photos, advertisements, and the like around the workplace, causing the other party to be embarrassed; (5) Continuously expressing or sending sexually suggestive content to others through means such as stalking, harassing information, or sending items; (6) Other acts of sexual harassment.
Chapter III: Publicity and Training
Article 8: Continuously carry out publicity and education activities on preventing and stopping workplace sexual harassment. Post the rules, “Sexual Harassment is Prohibited” signs and posters, and the hotline for making reports and complaints in conspicuous places such as the unit’s notice board and office bulletin boards.
Article 9: Organize special trainings on preventing and stopping workplace sexual harassment, and this topic may also be included in all type of training including orientation training.
Chapter IV: Worker Reports and Complaints
Article 10: Where workers encounter the conduct provided for in article 7 of this system, they should clearly express to the perpetrators that “This type of conduct is unwelcome”.
Article 11: Where workers encounter the conduct provided for in article 7 of this system, they have the right to make a report or complaint to their higher-level department in charge or to the ___ department, which is to accept and register the report or complaint, and the __ department is to initiate investigation procedures and promptly provide the party with legal aid services. Encouragement may be given through appropriate means so long as the confidentiality of the reporter or accuser is maintained.
Acceptance department: ______ ; Complaint phone: ________________________ ；
Mail: _________________________ ; E-mail: _____________________________ .
Article 12: To the extent possible, the reporter or complainant is to make a detailed record of the situation and preserve all evidence.
Chapter V: Investigation and Handling
Article 13: After a report or complaint is received, the relevant departments should promptly conduct interviews and investigate, and collect and fix the relevant evidence. Including but not limited to:Including but not limited to: (1) Victim statements; (2) electronic evidence such as Wechat chat records, e-mail records, text message records, phone records; (3) Audiovisual evidence such as images, audio recordings, video recordings, surveillance footage; (4) witness testimony. promptly collecting the witness testimony of relevant co-workers in the unit; (5) physical evidence, promptly storing the relevant materials involved; (6) third-party evidence such as police reports, investigation notes, and hotel videos; (7) Other relevant evidence.
Article 14: Dispositions for perpetrators of sexual harassment include: Warnings, changing posts, ending labor contracts in accordance with law, etc. Where violations of relevant laws and regulations are suspected, transfer it to be addressed by the judicial organs.
At the same time, employ measures to avoid secondary harm to the victims of sexual harassment; the perpetrator of sexual harassment may be shifted to a post where contact with the victims is difficult.
Article 15: During the investigation and handling of reports and complaints, the relevant departments should emphasize protecting personal privacy rights, and do a good job of keeping the relevant materials confidential. The reporter or complainant should be given prompt feedback on the results of the investigation and handling.
Chapter VI: Union Participation in Oversight
Article 16: The union of this unit is to include preventing and stopping workplace sexual harassment in the collective bargaining agenda, and increase the extent of participation and representation of female workers; content on the prevention and stopping of workplace sexual harassment is to be included in collective contracts as well as in negotiations for special collective contracts for the protection of female workers’ rights and interests and special collective contracts on labor safety and health, adding clauses on preventing and stopping sexual harassment to collective contracts, especially special collective contracts.
Article 17: The union of this unit should broadly listen to and give feedback on workers’ opinions and recommendations, provide legal consultation services to workers, support and assist victims in using the law to protect their rights, and provide professional psychological counseling to victims.
Article 18: The union of this unit is use methods such as labor law oversight alert letters and opinions to prompt the relevant departments to establish and complete institutional mechanisms for preventing and stopping workplace sexual harassment, improve workplace measures, and create a safe, healthy, and comfortable work environment.
Article 19: Matters not covered in this system are to be implemented in accordance with relevant laws and regulations.
Article 20: This system is to take effect from: __/___/_____.
Article 1: This system is formulated on the bases of the Labor Law of the PRC, the PRC Labor Contract Law, The PRC Law on the Protection of Women’s Rights and Interests, the Special Provisions on Labor Protections for Female Workers, The Provisions on Healthcare for Female Workers, and other laws and regulations, and in consideration of the actual conditions of this unit, so as to strengthen the special workplace labor protections for female workers, to preserve female workers’ lawful rights and interests, to safeguard the physical and mental health of female workers, and to build harmonious and stable labor relations.
Article 2: This system was reviewed and approved at the ____ meeting of the ____ workers' congress.
Article 3: This system applies to all female workers in this unit, and is to be publicly announced to all workers in the unit.
Article 4: When recruiting (hiring) female workers, this unit is to lawfully conclude labor (hiring) contracts with the female workers, and the contract should include articles on special protections for female workers and content clarifying that female workers’ marriage and childbirth must not be limited.
Article 5: This unit complies with provisions on the scope of labor from which female workers are precluded, and is to inform female workers in writing of the positions in the unit that are within the scope of labor from which female workers are precluded.
Article 6: During the period of female workers’ pregnancy, birth, and nursing (meaning from the birth of their child until the child is one year old), employers must not end their labor (hiring) contract except in situations where laws and regulations provide otherwise. Where the period of the labor (hiring) contract is completed, but the period of pregnancy, birth, and nursing is not yet completed, the period of the contract is to be automatically extended until the end of the period for pregnancy, birth, and nursing, except where the female worker themself seeks to dissolve or terminate it.
Article 7: This unit’s salary distribution is to comply with the principle of labor-based wages, and give equal pay for equal work to men and women. Female workers have equal rights to those of male workers in terms of enjoyment of welfare benefits.
Article 8: This unit does not reduce wages and welfare benefits as a result of female employees marrying, becoming pregnant, giving birth, or nursing.
Article 9: The principle of equality between men and women is to be followed in areas such as promotions, advancement, evaluations for professional and technical titles or positions, and training, and women workers must not be discriminated against. Female workers’ participation in the activities above is not to be limited for reasons such as their pregnancy, childbirth, or nursing.
Article 10: Female workers are to have a half-day vacation on Women’s Day (March 8).
Article 11: As this unit develops, it is to employ active and effective measures to continue to improve women workers’ salary and welfare benefits, continuously raise the level of safeguards for women’s rights and interests and promote female workers’ sharing in developmental achievements.
Article 12: This unit is to strictly enforce state laws and regulations related to special labor protections for female workers, and give special protections during the period that female workers during menstruation, pregnancy, birth, and nursing.
Article 13: Protections of women during menstruation
(1) During women workers’ menstrual period, they are not be arranged to engage in labor that the state has precluded.
(2) After being diagnosed by medical institutions, female workers suffering from severe dysmenorrhea and menorrhagia are to be given 1 to 2 days off during menstruation as appropriate.
Article 14: Protections of women during pregnancy
(1) During women workers’ pregnancy, they are not to be arranged to engage in labor that the state has precluded.
(2) The unit is not to extend work times or arrange night shifts for female workers in their 7th moth of pregnancy or later (including 7 months), and definite time for rest is to be arranged during work times, and work lightened appropriately; and rest chairs are to be set up in workplaces where female workers stand.
(3) Where female workers aren’t suited for their original work during pregnancy, then based on supporting evidence from a medical establishment and consultation and agreement with the worker, the unit is to reduce their workload or arrange other work that they can accommodate.
(4) Where pregnant female workers conduct pre-natal examinations during work time, the time needed is counted as work time and compensation is to be paid in accordance with law.
Article 15: Protection of Female Workers at Childbirth
(1) In accordance with relevant state provisions, Female workers who give birth enjoy 98 days of maternity leave, of which 15 days off may be used before the birth; an additional 15 days off is added for difficult births based on supporting evidence from medical establishments; in multiple births, an addition 15 days of rest is added for each infant. Maternity incentive leave, spousal leave, and parental leave are to be implemented in accordance with local provisions.
(2) Where women workers miscarry before the 4th month of pregnancy, they enjoy 15 days of rest based on supporting evidence from a medical establishment; where they miscarry after in the fourth month or later, they enjoy 42 days of rest.
(3) Birth subsidies for female workers on maternity leave are to be paid from the birth insurance fund in accordance with the standard of the average worker salary in the unit for the preceding year.
(4) Based on the actual circumstances, this unit is to reduce the work load of female workers that have had two or more natural miscarriages and do not currently have children, during their pregnancy; and upon the application of the female worker, they are to be temporarily shifted out of posts that might directly or indirectly lead to miscarriage.
(5) Female workers taking maternity leave are to first complete a “request for leave”, and the higher-level leadership is to approve it and report it to the human resources department for verification and filing.
(6) Workers applying for leave such as maternity incentive leave, spousal leave, or parental leave in accordance with local provisions may do so with reference to the procedures above.
Article 16: Protections of Nursing Female Workers
(1) During the period in which female workers are nursing, do not arrange for them to engage in work that is precluded during nursing.
(2) Do not extend work times or give arrange night shifts for female workers nursing infants under one-year-old. Arrange 1 hour each day of time for nursing during work time for nursing female workers; and where female workers have had a multiple birth, add one hour of nursing time each day for ech additional nursing infant.
(3) The nursing period may be appropriately extended after infants reach one year of age where medical establishments diagnose them as frail, but must not exceed 6 months.
Article 17: This unit is to strengthen special labor protections for female workers and conduct training on labor safety and health for female workers. While developing production, simultaneously invest dedicated funds to improve labor safety and health conditions for women workers by setting up facilities such as rest areas for pregnant women and nursing rooms.
Article 18: Periodically organize health examinations for the special needs of female workers, such as for gynecological and breast examinations.
Article 19: Care for menopausal female workers, appropriate work should be temporarily arranged for those diagnosed with a serious menopausal syndrome by a medical establishment, where the effect of treatment is not obvious but they are not suited for their original work.
Article 20: This unit publicly pledges to have zero tolerance for workplace sexual harassment, to clearly prohibit specific acts of sexual harassment, and complete a system for preventing and stopping sexual harassment; to improve necessary safety and health measures, strengthen publicity, education, and training on the elimination of sexual harassment; for diverse, clear channels for complaints and reports such as by opening hotlines, suggestion boxes, and email addresses; appropriately address issues on which feedback is given on the basis of a specially drafted system for the elimination of workplace sexual harassment, and providing female workers with psychological counseling and support in protecting their rights in accordance with law, actively creating a safe, healthy, and comfortable work environment.
Chapter VI: Management and Oversight
Article 21: This unit clarifies that the ____ department is responsible for organizing the implementation of this system.
Article 22: This unit is to establish an oversight and inspection group led by the person responsible for the labor union, with a designated proportion of female workers in the group. The oversight and inspection group is to periodically conduct inspections of the implementation of this system and publish the results to all workers.
Article 23: When the lawful rights and interests of female workers are infringed, a report or complaint may be made to the ___ department or the oversight and inspection group. After review and verification, urge the relevant departments to make corrections.
Acceptance department: ______ ; Complaint phone: ________________________ ；
Mail: _________________________ ; E-mail: _____________________________ .
Article 24: Matters not covered in this system are to be implemented in accordance with relevant laws and regulations. Where laws and regulations are silent, the resolution is to be through consultation of the parties. During the performance of this system, after it takes effect, where relevant provisions at the place where the labor (hiring) contracts are being performed have priority over this system, implementation is in accordance with the greatest priority.
Article 25: The content of special labor protections for female workers may be included in collective contracts, special collective contracts on labor safety and health, or special collective contracts for the protection of female workers’ rights and interests.
Article 26: This system will come into effect on ___/___/_____.