Congratulations! From June 1st, these female employees can apply to work from home! How will I be paid while working from home? How is maternity pay calculated? How should female employees take a vacation when they are pregnant..... Today, I will give you answers one by one!
01
Fujian Provincial Regulations on the Protection of Women's Rights and Interests
It will come into force on June 1
Recently, the "Fujian Provincial Regulations on the Protection of Women's Rights and Interests" was voted and passed by the Standing Committee of the Provincial People's Congress and will come into force on June 1 this year.
Fujian Province has become the second province after Shanghai to issue regulations on the protection of women's rights and interests since the implementation of the newly revised Law on the Protection of Women's Rights and Interests, and has taken the lead in the country in making provisions for the protection of the rights and interests of female workers in flexible employment and new forms of employment.
The "Regulations" set out a number of provisions on childbirth support and protection:
1. Check whether the incumbent has a criminal record
When recruiting and managing staff, units with close contact with female minors shall lawfully check with the public security organs and people's procuratorates whether the applicants or incumbents have a record of violations or crimes such as sexual assault, abuse, trafficking, or violent harm.
Where it is discovered through inquiries or other means that they have a record of the conduct described above, they must not be hired or promptly dismissed.
2. The employer shall organize regular physical examinations for female employees
All levels of local government shall establish and complete a health service system for women throughout their life cycle, gradually improve the system for screening women's diseases, increase the rate of screening and treatment of common and frequent diseases among women, and promote free cervical cancer vaccination for women of appropriate age in accordance with relevant provisions.
Employers shall organize female employees to undergo health examinations including gynecological examinations at least once every two years, and female employees over the age of 35 shall increase breast cancer and cervical cancer screening programs. The cost of the physical examination shall be borne by the employer, and the examination time shall be regarded as working time.
3. Pregnant and lactating female employees can negotiate to work from home
Where a female employee is not suitable for her original job during pregnancy, lactation, or menopause, she may negotiate with the employer to adjust the position or improve the corresponding working conditions during that period.
Female employees who are pregnant or breastfeeding may negotiate with their employers to adopt flexible working methods such as flexible working hours or working from home.
Employers shall ensure that female employees enjoy marriage leave, maternity leave, parental leave, prenatal examination time, breastfeeding time, and other related benefits in accordance with law.
4. Encourage employers to provide childcare services for employees
Employers with the capacity are encouraged to provide childcare services for their employees. Encourage social forces to participate in the construction and provision of childcare services.
5. Pay maternity insurance for female workers in new forms of employment
Trade unions and women's federation organizations shall guide and support female workers in flexible employment and new forms of employment to participate in social insurance based on their own circumstances.
Local people's governments at the county level or above shall gradually improve maternity insurance policies that are compatible with flexible employment and new forms of employment, and issue a certain percentage of maternity allowances to female workers in flexible employment and new forms of employment that do not fully conform to the establishment of labor relations on the basis of factors such as labor intensity and time.
6. Encourage vocational skills training for female employees
Local people's governments at the county level or above and relevant departments shall actively develop vocational education that suits the characteristics of women and the requirements of new forms of employment, carry out training in vocational education, entrepreneurship, and practical skills, and give priority to arranging for eligible women returning to work after childbirth, unemployed women, women with disabilities, and women left behind in rural areas to participate in training, and give subsidies for vocational skills training to eligible enterprises and employees.
7. Create a fair employment and entrepreneurship environment for women
Employers shall adhere to the principle of equality between men and women in areas such as promotions, promotions, evaluation of professional and technical titles and positions, and training, and shall not discriminate against women; Employers' formulation of rules and regulations or relevant provisions on matters such as labor protection, welfare benefits, and social insurance for female employees must not contain content that discriminates against women.
Except for types of work or positions that are not suitable for women as provided by the state, employers must not refuse to hire women or raise the standards for hiring women on the grounds of gender, marital and childbearing status, and so forth; The human resources and social security departments shall include gender discrimination in the process of recruitment, recruitment, promotion, promotion, evaluation of professional and technical titles and positions, training, dismissal, and so forth, in the scope of labor security inspections.
02
Guizhou Provincial Implementation Measures
It will come into force on May 15
On May 15, the Measures for the Implementation of the Law of the People's Republic of China on the Protection of Women's Rights and Interests in Guizhou Province came into effect.
Among them, the main ones involved in the employer include:
1. Men and women receive equal pay for equal work, and women enjoy equal rights with men in terms of welfare benefits
The collective contract concluded between one of the employees and the employer shall include content related to gender equality and the protection of the rights and interests of female employees, and may also draft a special chapter or annex on the relevant content or separately conclude a special collective contract for the protection of the rights and interests of female employees.
2. The employer shall provide female employees with a mother and baby room, a rest room for pregnant women, etc
Employers with a large number of female employees, or employers with the capacity, shall, on the basis of the needs of female employees, establish facilities such as health rooms, rest rooms for pregnant women, and mother-and-child rooms, to resolve female employees' difficulties in physical hygiene and breastfeeding.
03
Regulations of Shanghai Municipality on the Protection of Women's Rights and Interests
Effective January 1, 2023
On January 1, 2023, the Regulations of Shanghai Municipality on the Protection of Women's Rights and Interests came into effect. The "Regulations" have clarified and regulated the guiding ideology for the protection of women's rights and interests, as well as various specific women's rights and interests and relief measures.
Labor and social security rights:
1. Emphasize fair employment and entrepreneurship, support women's innovation and creativity, prevent and eliminate gender discrimination, and include gender discrimination in the scope of labor security supervision. Where an employer infringes upon women's labor and social security rights and interests, the human resources and social security departments may, in conjunction with trade unions and women's federations, interview the employer to supervise it in accordance with law and request that it make corrections within a set period of time.
2. Protect the legitimate rights and interests of women, support and assist women with employment difficulties, and care for and care for migrant women.
3. Radio, television, newspapers, the internet, and other news media must not disseminate recruitment or recruitment notices that restrict women's employment.
4. Men and women are paid equally for equal work, and men and women are equal in promotion, promotion, evaluation of professional and technical titles and positions, training, etc.
5. Encourage employers to establish maternal and child health care facilities such as health rooms for female employees and rest rooms for pregnant women. Increase the supply of inclusive childcare services, and encourage employers and social forces to participate in childcare services.
6. Improve the maternity security system, and provide assistance and assistance for women who have difficulties in giving birth.
7. Strengthen reproductive health services, and include labor analgesia and appropriate assisted reproductive technology projects into the scope of payment of the medical insurance fund according to procedures.
04
Apply for a work-from-home period or maternity leave period
How is wages calculated and paid?
1. During the period of working from home
If the worker has already provided work from home, it shall be regarded as normal attendance, and the employer shall pay wages according to the normal work.
2. Maternity leave pay
First of all, it should be noted that maternity leave pay and maternity allowance are not the same.
Maternity allowance: The living expenses provided by national laws and regulations for working women during the period when they leave work due to childbirth. The main body that bears the maternity allowance for employees is the social security institution.
Maternity leave pay: The salary paid by the employer during the employee's maternity leave. The employer is the main body that pays the wages of the employees.
1. How to pay maternity leave?
If a female employee has already enjoyed maternity allowance, medical allowance and other benefits during maternity leave, if the maternity allowance is higher than the average salary of the employee, the enterprise does not need to pay her maternity leave salary; If it is lower than the average wage, the company needs to make up the difference.
However, if the maternity allowance payment period is exceeded, the standard for receiving maternity allowance is not met, or the enterprise fails to pay maternity insurance to the employee, the employee can request the enterprise to pay the maternity leave salary.
Among them, the standard for calculating the maternity leave salary of female employees shall include hourly wages, piecework wages, post wages, bonuses, allowances and subsidies, which are the monthly wage standards for female employees before taking maternity leave.
Remind:
According to Articles 5 and 8 of the Special Provisions on the Labor Protection of Female Employees, employers shall not reduce the wages of female employees because they are pregnant, giving birth or breastfeeding; For female employees who have not participated in maternity insurance, the maternity allowance shall be paid by the employer according to the standard of the female employee's salary before maternity leave.
That is to say, the maternity allowance during the maternity leave of a female employee shall be paid by the maternity insurance fund according to the standard of the average monthly salary of the employee in the previous year for those who have already participated in the maternity insurance; For those who have not participated in maternity insurance, the employer shall pay the salary of the female employee before the maternity leave.
For example:
A female employee's monthly maternity allowance is 8,000 yuan, and the employee's average monthly salary in the enterprise is 8,500 yuan, of which the difference of 500 yuan needs to be made up by the employer; The monthly maternity allowance for female employees is 8,000 yuan, while the average salary of the employer for the month is 7,500 yuan, and the employer cannot deduct more than 500 yuan from the average salary.
2. What are the rules for applying for maternity allowance?
(1) How to calculate the maternity allowance?
The formula for calculating maternity allowance is the average monthly salary of the employee's employer / 30x the number of days of maternity leave. (The payment base of employees is calculated according to the average monthly salary of the employer where the employee works in the previous year);
If it is lower than 60% of the average monthly wage of employees in the city in the previous year, it shall be calculated according to 60% of the average monthly wage of employees in the city in the previous year;
If it is more than 3 times higher than the average monthly wage of employees in the city in the previous year, it shall be calculated according to 3 times the average monthly wage of employees in the city in the previous year;
If the average monthly wage of the person in the previous year cannot be determined, it shall be calculated according to the average monthly wage of employees in the city in the previous year.
(2) What are the requirements for receiving maternity allowance?
In recent years, many places have lowered the threshold for continuous participation in maternity insurance, as well as extended the period of receiving maternity allowance. Among them, the latest regulations in Guangdong stipulate that the enjoyment of benefits is no longer subject to the restriction of one-year insurance participation.
(3) How to receive maternity allowance?
The way to apply for maternity allowance varies from place to place, and in some places, employees go through the filing and application procedures for maternity insurance on their own and go to the bank to receive the maternity allowance on their own.
In some places, the unit goes through the formalities for the filing of maternity insurance, and the social security center will pay the maternity allowance to the unit's account, which will be issued by the unit.
05
How should female employees take leave when they are pregnant?
1. Maternity leave
According to Article 6 of the Special Provisions on Labor Protection of Female Employees:
Pregnant female employees undergo prenatal check-ups during working hours, and the time required is included in the working hours.
Prenatal examinations (including initial examinations within 12 weeks of pregnancy) carried out by female employees during pregnancy within the working hours agreed upon by health care institutions shall be counted as working hours.
2. Prenatal leave
If you are more than 7 months pregnant, if you have a work permit, you can take two and a half months of prenatal leave upon your application and approval from your employer. In some cases, where local laws and regulations stipulate that leave must be granted, the employer shall approve the leave.
For example, Shanghai and Hainan Province stipulate that "if a person has a history of habitual miscarriage, severe pregnancy syndrome, pregnancy complications, etc., which may affect normal childbirth, he or she shall apply for prenatal leave if he or she submits an application." ”
3. Maternity leave
The number of days of maternity leave is: 98 days + the number of days awarded in various places.
With the revision of family planning regulations in various places, maternity leave has been extended.
4. Miscarriage leave
According to Article 7 of the Special Provisions on Labor Protection of Female Employees:
If a female employee has a miscarriage before 4 months of pregnancy, she is entitled to 15 days of maternity leave; If the pregnancy is 4 months old and the miscarriage occurs, the employee is entitled to 42 days of maternity leave.
Therefore, if a female employee has a miscarriage, then she can generally enjoy half a month of maternity leave, up to a maximum of 42 days.
Source: Certified Public Accountants, Tax Administration First Line, China Accounting News