China: Key points of the Shanxi Provincial Regulations on the Labor Protection of Female Employees

Last Updated: 2 November 2015
Article by Xu Xiaodan and Kaitian Luo

On 30 July 2015, the Standing Committee of the People's Congress of Shanxi province deliberated and passed the Shanxi Provincial Regulations on the Labor Protection of Female Employees (the "Shanxi Regulations"). The Shanxi Regulations took effect on 1 October 2015. As the first provincial local laws and regulations in the field of female employee protection after the enforcement of the Special Rules on the Labor Protection of Female Employees (the "Special Rules") that was promulgated by the State Council, the Shanxi Regulations elaborate the contents of Special Rules and also add some characteristic protections, which deserve attention from employers. We would like to make comments on the following key points of the Shanxi Regulations:

Elaborating related measures and treatments in the Special Rules

  1. Extending the range of the employment/service relationship protection to cover "marriage"

The Special Rules grants special protections on the labor/employment relationship for female employees who are in pregnancy, maternity leave and nursing period. That is to say, employer may not reduce a female employee's salary, or unilaterally terminate the labor/employment relationship with her due to her Pregnancy, maternity leave or nursing period.

On top of the aforementioned provisions, the Shanxi Regulations further regulates that, employer may not stipulate such provisions in the employment contract or service engagement contract as restricting female employees from getting married, bearing a child or enjoying any other legitimate rights and interests; nor might it reduce their salaries and employee benefits, limit their promotion and award, or unilaterally terminate the employment contract or service engagement contract with female employees due to their marriage, pregnancy, maternity leave or nursing period.

This provision not only explicitly stipulates that employer may not restrict the marriage right of female employees, but also sets a higher standard on the formulation and implementation of the employer's internal policies regarding employment contract management, employee benefits and performance evaluation.

  1. Extending the range of "no overtime or night-shift" protection to cover the female employees within 3-month pregnancy

The Special Rules only provides that, employer may not prolong working hours or arrange night-shift for female employees who are in or after 7-month pregnancy. However, the Shanxi Regulations includes female employees within 3-month pregnancy into the protection range as well, and it explicitly regulates that, the employer should arrange a break more than one hour for such employee every day, which enhances the special protection for female employees in early pregnancy.

  1. Prolonging maternity leave for female employees who miscarried

In the Special Rules, female employees who suffered a miscarriage within the first three months of pregnancy will be granted 15 days of maternity leave; and those who suffered a miscarriage in or after the fourth month of pregnancy will be granted 42 days of maternity leave.

The Shanxi Regulations further classifies the female employees who suffered a miscarriage into four circumstances: before the third month, between the third and fourth month, between the fourth month and seventh month of pregnancy and induction after the seventh month of pregnancy, in which circumstances female employees are granted with 15 days, 30 days, 42 days and 98 days of maternity leave, respectively. This significantly increases their maternity leave. However, it should be noted that, only if it is in line with relevant family planning policies of the state, those who induced labor after the seventh month of pregnancy would enjoy 98 days of maternity leave, otherwise only 42 days of maternity leave under the Special Rules.

Introducing new requirements for the employer

Besides the elaboration of measures and benefits of Special Rules as aforementioned, the Shanxi Regulations also introduces some new requirements for the employer.

  1. The protection of female employees should be put down in writing when concluding contract

Article 6 of the Shanxi Regulations states that, the employer should notify the female employees in writing of the occupational hazard and its consequences, occupational protection measures and employer's internal policies regarding the protection of female employees when entering into employment contract or service engagement contract with female employees. This provision, especially the requirement with respect to written form, enriches the obligation of notification borne by the employer.

  1. Special protections of female employees in menstrual period

Many local regulations have provided special protections of female employees during their menstrual period. However, in Shanxi Regulations, other than those common regulations about forbidding to assigning women during the menstrual period with jobs in high altitude, low temperature and cold water or manual labor in and above Class Three intensity, it specifies standards for these protections. For instance, the foresaid employees who stand for more than four consecutive hours at work should be granted a 20-minute rest, and those who have dysmenorrhea or menometrorrhagia with medical certificate should be granted 1 or 2 days' rest.

  1. Setting up adaptation system for post-maternity leave period

Article 15 of the Shanxi Regulations states that, female employees who return to work after their maternity leave should enjoy 1 to 2 week(s) adaptation time. In accordance with this provision, the employer is not entitled to determine whether a female employee is competent for her job on the basis of her working performance within 1 to 2 weeks after her return, which objectively restricts the employer's evaluation and unilateral termination right during such period.

  1. Other requirements

The Shanxi Regulations have also raised some other requirements on employers to provide more comprehensive protections for female employees, including:

  • The employer should take measures to ensure female employees' workplace safety during night-shift;
  • (The employer should) arrange at least one gynecological examination for female employees on an annual basis;
  • (The employer should) distribute a health subsidy that is no lower than RMB 30 per month to each female employee in service;
  • The nursing period for frail infants will be extended up to six months;
  • (Female) employees are entitled to apply for position adjustment in case of climacteric melancholia diagnosed by a hospital in Class Two or higher and the therapeutic effect is unobvious.

Strengthen the social credit supervision

As to the employer who violates its provisions, the Special Rules explicitly stipulates that it should assume multiple legal liabilities, such as administrative penalty, administrative order of business suspending or closing, indemnification for losses, criminal liability, etc..

On top of this, Article 3 of the Shanxi Regulation further brings the labor protection of female employees into social credit system. Article 24 of it provides that, where an employer violates the Shanxi Regulations, infringing legitimate rights and interests of female employees but refuses to rectify it upon the order by the human resources and social security authorities, it will be recorded in its social security honesty and credibility file and be released to the public. This provision strengthens the social credit supervision of female employees' special protections and calls for more regulatory efforts from the employer.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.