The work that female workers are prohibited during pregnancy are:
1) Lead and its compounds in the operating venue, mercury and its compounds, benzene, cadmium, sorchium, arsenic, cyanide, nitrogen oxides, carbonate, carbonate, chloride, hexamide, chlorohylene, chlorohylene, epoxy e -e -e -e -e -e -e -e -oxide, epoxy e -e -e -e -e -e -e -e -e -e -e -e -e -e -e -oxideToxic substances such as alkane, aniline, formaldehyde, etc. exceeding the operation of national occupational sanitation standards; 2) operations engaged in anti -cancer drugs, hegene estradium, contacting anesthetic gas, etc.; 3) non -sealing source of radioactive substanceEmergency disposal; 4) High -altitude operations stipulated in the hierarchical standards of high places; 5) Cold water operations stipulated in the classification standards of cold water operations; 6) Low -temperature operations specified in low temperature operation grading standards; 7)The operation of the third and fourth levels; 8) the third and fourth levels specified in the hierarchical standards of noise operation;Homework; 10) In the closed space, high -voltage room operation or diving operations, it is accompanied by strong vibration operations, or needs to bend, climb, and squat.
Considering the special health requirements of female employees and fetuses during pregnancy, Article 61 of the Labor Law specifies the principles of special labor protection for female employees during pregnancy.Article 6 of the newly promulgated "Special Regulations for Labor Protection of Female Workers" by the State Council in 2012 stipulates that if female employees cannot adapt to the original labor during pregnancy, employers shall reduce the amount of labor or arrange other labor that can be adapted according to the certification of the medical institution.For female employees who are more than 7 months pregnant, the employer shall not extend the labor time or arrange night shift work, and shall arrange a certain rest time within the labor time.In addition, the "Appendix" of "Special Regulations for Women’s Workers’ Labor Protection" specifically listed the work that could not be engaged during pregnancy, and expanded the scope of labor that was engaged in taboos during pregnancy.
1. Article 61 of the Labor Law;
2. Article 6, 13 of the State Council’s Special Regulations for Women’s Workers’ Labor Protection "and Article 3 of its" Appendix ".
Fang Mou is an employee of the electrician of the A textile factory.During the Spring Festival in 2006, the leader of the company arranged for two nights on the second day of the first day of the lunar month and the third night of the first day of the lunar calendar. Fang immediately proposed to the leader for 8 months of pregnancy, which was inconvenient to work overtime.The leaders of the A textile factory asked Fang to take care of the overall situation.
Fang had not been approved by the leadership, and failed to work in the job for two nights, which caused the normal production of the A textile factory to be affected to a certain extent.The leader of the A textile factory asked Fang to write a written inspection and was rejected. In accordance with Article 11) of the "Enterprise Employee Reward and Punishment Regulations", Fangmou was given a "record" on the grounds that he did not obey the work distribution.
Fang Mou refused to submit an arbitration application to the Labor Arbitration Commission in April 2006, asking the A textile factory to revoke the punishment.
The A textile factory argued that the A textile plant is a special enterprise operating continuously. The internal implementation is a rotation system. The statutory holiday arrangement is a special right to ensure the normal production of enterprises and the obligation of employees.On the 3rd day of the Spring Festival, it was Fang’s working day. Fang Mou did not go to work on the grounds of legal holidays. The reason was not sufficient. In addition, Fangmou’s residence was less than 100 meters away from the job.There is no inconvenience. Regardless of the country and collective interests, Fang did not arrive at work for two nights and did not recognize his mistakes afterwards.maintain.
The Labor Dispute Arbitration Commission believes that when the A textile factory is arranged for Fangmou to work overtime, Fang Mou has been pregnant for 8 months and should enjoy special labor protection.The special requirements of Fangmou’s physical and physiological requirements violated the provisions of Article 61 of the Labor Law.
After mediation of the labor dispute arbitration committee, Fang and A textile factory finally reached a mediation agreement: A textile factory revoked the other party’s record.
This case prompts the following legal points:
· The law has special protection regulations for female employees during pregnancy;
The decision of enterprises violating special protection regulations for female employees during pregnancy has no binding force on employees.
In this case, the textile factory arranged for Fang to work overtime one night, and Fang had been pregnant for 8 months, belonging to the situation of the law prohibiting the arrangement of overtime and night work.Therefore, the arrangement of the textile factories has no binding force, and Fang can not comply with the arrangement of the textile factory without having to bear the adverse consequences.
1) Enterprises should make a good human resource planning in advance when conducting production arrangements, and exclude female workers during pregnancy.Because, the production arrangements regulated by the labor protection of female employees during pregnancy have no binding power on female workers during pregnancy.
2) The new "Special Regulations for Labor Protection of Female Workers" (hereinafter referred to as "New" Regulations ") has increased the protection of female workers during pregnancy.Punishment of legal liability for labor protection::
· The employer violates the provisions of Article 6, paragraph 2 of these regulations (arranges the night shift of pregnant women over 7 months or extend the labor time) shall be ordered by the human resources and social security administrative department of the people’s government at or above the county level.Standard calculations of 5,000 yuan and below the yuan are fined.
• If the employer violates the relevant stipulation of pregnancy during the appendix of these regulations, the safety production supervision and management department of the people’s governments at or above the county level shall be ordered to be governed within a time limit, and a fine of more than 300,000 yuan or not; if the circumstances are seriousThe relevant people’s governments are required to be ordered to be closed in accordance with the authority stipulated by the State Council.