Foreign companies doing business in China are often confronted with issues in connection with special protections provided for women employees under Chinese laws and regulations. Chinese laws outline special rights for women during pregnancy and for a time after birth.
Major laws and regulations which address these issues include:
The
Labor Contract Law of the People’s Republic of China
,
Special Provisions on Labor Protection of Female Employees,
and the
Law of the People’s Republic of China on the Protection of the Rights and Interests of Women
. There are also local regulations to be followed which vary from province to province and city to city.
Women who are pregnant, or on maternity leave, may not easily be terminated as employees, even if there are legitimate reasons for termination that would otherwise apply. Women are also granted special leave during late pregnancy and during early child care. There are also special social insurance requirements to comply with.
Implementation of these special protections often causes confusion among employers regarding what the rights of the company actually are. As relevant regulations are not found in a single location, a clear understanding may only be obtained by review of several laws along with local regulations. Lehman, Lee & Xu’s skilled China Lawyers are familiar with China employment laws and the special protections granted to pregnant women and new mothers.