The women workers committee and the labor legal supervision committee of the Shanghai General Trade Union jointly issued a legal supervision reminder on the protection of female employees on March 10, aiming to strengthen labor law supervision and safeguard the legitimate rights and special rights and interests to which female employees are legally entitled.

I. Ensuring equal employment rights for female employees

- During the recruitment process, employers shall not refuse to hire female candidates based on gender, marital status, or childbearing status, unless otherwise stipulated by the state. They shall not set recruitment conditions that restrict female employees from marriage or childbirth, nor shall they indirectly raise the hiring standards for female job seekers.

- Employers shall not inquire about or investigate the marital or childbearing status of female job seekers, except for basic personal information.

- When signing employment contracts, employers shall not include clauses that restrict female employees from marrying or having children.

- Employers shall ensure that female employees enjoy equal rights with their male counterparts in terms of remuneration, benefits, and career development.

II. Protecting basic rights of female employees

- Employers shall not reduce wages, dismiss, or transfer female employees to positions that may pose significant health or safety risks to them due to pregnancy, childbirth, or breastfeeding. They shall not arrange overtime work or night shifts for female employees who are seven months pregnant or more, or who are breastfeeding a child under one year of age.

- On the basis of legally guaranteed paid annual leave and other leave entitlements, employers must fully provide statutory maternity benefits, including prenatal check-ups, maternity leave, paternity leave, parental leave, and breastfeeding time.

- If the maternity allowance received during a female employee's maternity leave is lower than her pre-leave salary, the employer shall make up the difference. For those not covered by maternity insurance, the employer shall pay the salary according to the female employee's pre-leave salary standards.

- For female employees during menstruation, employers shall reasonably reduce work intensity and avoid assigning work that may pose significant health or safety risks to them.

- Employers shall pay attention to the physical and mental health of female employees during perimenopause.

III. Strengthening labor protection for female employees and promoting a childbirth-friendly work environment

- Employers shall establish sound systems for protecting female employees, improve safe and hygienic working conditions, and provide regular training on work safety, occupational health, and mental health.

- Employers shall arrange at least one gynecological examination each year for female employees, with a focus on screening for breast conditions, gynecological diseases, and perimenopausal health issues.

- Employers shall establish dedicated systems to prevent and address workplace sexual harassment, maintain open channels for complaints and reports, and legally protect the personal information and privacy of female employees.

- Employers with a significant number of female employees or those with suitable conditions shall, based on actual needs, establish facilities such as female employee health rooms, rest rooms for pregnant women, and nursing rooms.

- Employers with appropriate conditions are encouraged to pilot childbirth-friendly initiatives, adopting flexible arrangements such as flexible working hours, remote work, and flexible leave to help female employees balance work and family responsibilities.

IV. Implementing fair consultation and supervision mechanisms to protect the rights of female employees

- The proportion of female representatives in trade union congresses and workers' congresses shall be commensurate with that of female employees in the total workforce.

- Employers and employee representatives shall engage in collective consultations on basic rights such as employment, remuneration, rest and leave, and career development, as well as special rights including reproductive protection and prevention of workplace sexual harassment. They shall sign collective contracts or special collective contracts to protect the rights of female employees.

V. Protecting the rights of female employees in new forms of employment

- Platform enterprises must sign written agreements with female workers. They should specify rules such as work quota standards, commission rates, per-piece pay rates, payment cycles for remuneration, and assessment methods.

- When formulating or adjusting algorithms and labor rules, platform enterprises shall fully consider the physiological characteristics of female employees in new forms of employment. They shall eliminate gender bias and ensure that female employees enjoy fair opportunities and remuneration.

- Platform enterprises shall strengthen training and guidance for female employees on occupational safety and the prevention of sexual harassment. They shall enhance their sense of security by improving algorithms, developing application security tools, and establishing complaint and grievance channels.

Female employees whose rights have been violated are encouraged to call the trade union service hotline "12351" for assistance.

Source: Official WeChat account of the Shanghai General Trade Union (ID: "shengongshewx")