Shanghai Maternity Leave丨你需要知道的中国产假

Shanghai Maternity Leave丨你需要知道的中国产假

In China maternity leavelegislation recently changed due to amendments to family planning laws. What doyou do when your employee is pregnant and what obligations do you have, as an employer?This article will familiarize you with the newest regulations, in order to keepup, and comply with them.

最近由于修改计划生育法,中国的“产假法”最近出现了变化。当您的员工怀孕时,您有什么工作以及雇主有什么义务?本文将熟悉最新的法规,以便跟上并遵守。

Chinese regulations concerning pregnant employees

中国关于怀孕职工的规定

Firstly it is important to knowif a contract with a pregnant employee can be terminated. According to relevantlaws, employers are forbidden from unilaterally terminating the agreement withthe employee. The pregnant or nursing staff member can be fired if the employeeand employer can reach a settlement agreement. Unilaterally firing a pregnantemployee is only possible only under very specific circumstances. Most of thesecircumstances include the employee breaching the contract or committing someform of crime.

首先,重要的是要知道与怀孕员工的合同是否可以终止。根据相关法律,雇主不得单方面终止与员工的协议。如果员工和雇主可以达成和解协议,可以解雇怀孕或护理人员。只有在非常特殊的情况下,单方面解雇怀孕的员工才有可能。大多数情况下,雇员违反合同或犯了某种形式的罪行。

 

In case an employment contract ends whilethe employee is pregnant, the labour contract must be extended until theemployee is done nursing. It is unclear if the contract can be terminated ifthe employee refuses to extend it. In case employer and employee cannot reachan agreement the case would need to be taken to court. The outcomes ofsubsequent court cases have been rather controversial.

如果雇佣合同在员工怀孕期间终止,则劳动合同必须延长,直至员工完成护理工作。目前尚不清楚,如果员工拒绝延长合同,合同是否可以终止。如果雇主和雇员不能达成协议,案件就需要诉诸法庭。随后的法庭案件的结果是相当有争议的。

How much parental leave shouldmy employee receive?

员工应该有多少产假?

The pregnant employee will stay undercontract during her pregnancy and nursing period. In China maternity leave ispaid, the employer is required by law to continue paying the employee.

怀孕期间怀孕的员工将在怀孕期间和哺乳期内保持合同。在中国,产假是有偿的,用人单位必须依法继续向员工支付工资。

 

The main law concerning this parental leavewas amended last year. This law is the Population and Family Planning law. Itsamendment made headlines worldwide because the new version of the law made anend to the One-Child Policy. However, the amendment not only changed the numberof children parents can have, but also how much time they can spend with them.Benefits for late marriage and late childbearing were removed, and insteadreplaced with extra leave for all couples that bear children in compliance withthe laws, no matter the age of the parents, or if it is their first or secondchild.

关于产假的主要法律是去年修订的。这条法律是人口和计划生育法。它的修正案在世界范围内成为头条新闻,因为新法的新版本结束了独生子女政策。然而,这项修正案不仅改变了父母可以拥有的孩子的数量,还改变了他们可以花多少时间与他们在一起。晚婚和晚育的好处被取消了,取而代之的是给所有生育孩子的夫妇额外的产假,不管他们的父母是什么年纪,或者他们是他们的第一个还是第二个孩子。

 

The new law determined that localgovernments now regulate the extent of parental leave. In every province inChina maternity leave was extended by 30 days so that mothers everywhere arenow entitled to at least 128 days. The same goes for paternal leave withprovisions for fathers ranging between 7 days and one month.

新法律规定,地方政府现在对父母休假的程度进行了调整。在中国的每个省份,产假延长了30天,因此各地的母亲们现在都可以享受至少128天的产假。父亲的休假也适用于父亲的规定,在7天到1个月之间。

Hereis a list of several regions and their regulations concerning parental leave.

以下是几个地区及其有关父母休假的规定

Shanghai: Maternal leave is 128 days.Paternal leave has increased from 3 to 10 days.

上海:产假是128天。父亲的假期从3天增加到10天。

Sichuan: Maternity leave has increased from98 days to 158 days. Paternity leave went from 15 days to 20 days.

四川:产假从98天增加到158天。陪产假的时间从15天到20天。

Chongqing: Chongqing’s government increasedmaternity leave to 128 days. Paternal leave was increased to 15 days.

重庆:重庆政府将产假延长至128天。父亲的假期增加到15天。

Hubei: Maternity leave in Hubei increasedto 128 days. Fathers are now entitled to 15 days of leave.

湖北:湖北的产假增加到128天。现在,父亲们有权享受15天的假期。

Shaanxi: The Shaanxi government increasedmaternity leave to 158 days. Paternity leave is now 15 days, or 20 days iffather and mother do not reside in the same place.

陕西:陕西政府将产假延长至158天。如果父亲和母亲不在同一个地方,陪产假现在是15天,或者20天。

 

In conclusion, it is important to know thenational and local legislations concerning pregnant employees and parentalleave. Pregnant employees can generally not be fired during their pregnancy,and their contract must be extended if it ends during this period. In Chinamaternity leave is 128 days or more, fathers are also entitled to parentalleave. The employer must pay the employee during their period of leave.

总之,了解关于孕妇和产假的国家和地方立法是很重要的。怀孕期间,怀孕的员工通常不会被解雇,如果在这段期间结束,他们的合同必须延长。在中国,产假是128天或更长时间,父亲也可以享受产假。雇主在休假期间必须向雇员支付工资。

 

For employers it is important to review allthe relevant laws and keep up to date with them. This way the employer can bewell prepared. Some issues are not clearly specified or outlined in China’slaws. Therefore precautions must be taken, as interpretations and applicationsof the law can differ.

对于雇主来说,重要的是要审查所有相关的法律并跟上他们的步伐。这样雇主就可以做好充分的准备。一些问题在中国法律中没有明确规定或概述。因此,必须采取预防措施,因为法律的解释和应用可能会有所不同。

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