What does the law say about the work of breastfeeding women?

The period of lactation is specified and cannot be directly identified from the Code of Criminal Procedure. However, in other laws and regulations in our country, it is not difficult to find clear provisions on lactation. The Labor Law and the Provisions on the Labor Protection of Female Employees clearly state that the breastfeeding period of a woman is generally one year.

The former Ministry of Labor also clarified in the answer to the question of the "Provisions on the Labor Protection of Female Employees": "All female employees who breastfeed (including artificial feeding) babies under the age of one shall be subject to these provisions." Where enterprises and public institutions have the capacity, they may also appropriately extend the lactation period", "After a female employee breastfeeds a baby and reaches the age of one year, the lactation period is generally not extended. If the infant is particularly weak, the period of breastfeeding may be extended as appropriate, as evidenced by the medical department.

If the lactation period is in the summer, it can also be extended by 1 to 2 months. "From these regulations we can conclude that the period of lactation in our country is generally one year, which can be appropriately extended if the circumstances are exceptional.

In practice, there are more and more cases of female employees being dismissed by employers during pregnancy (maternity and lactation, the same below), and how to deal with such disputes is an issue of great concern to both employers and employees.

1. The relevant provisions of China's laws on the special protection of female employees during pregnancy.

1. Article 26 of the Law of the People's Republic of China on the Protection of Women's Rights and Interests stipulates that no employer may dismiss a female employee or unilaterally terminate a labor contract on the grounds of marriage, pregnancy, maternity leave, breastfeeding, etc.

2. Article 4 of the Provisions on the Labor Protection of Female Employees stipulates that the basic salary of a female employee shall not be reduced or the labor contract shall be terminated during the pregnancy, childbirth or lactation period.

3. Article 34 of the Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China stipulates that, except for the circumstances specified in Article 25 of the Labor Law, the employer shall not terminate the labor contract when the term of the labor contract expires during the medical treatment, pregnancy, childbirth and lactation periods. The term of the employment contract shall automatically extend until the expiration of the period of medical treatment, pregnancy, maternity and lactation.

4. Article 29 of the Explanation on Several Articles of the Labor Law of the People's Republic of China stipulates that an employer shall not terminate a labor contract in accordance with the provisions of Articles 26 and 27 of this Law if a worker falls under any of the following circumstances: (3) the female worker is pregnant, giving birth or breastfeeding.

5. Article 20 of the Ministry of Labor's "Answers to Policy Questions Concerning the Handling of Labor Disputes": How to understand Article 4 of the "Provisions on the Labor Protection of Female Employees"? A:

Article 4 of the Provisions on the Labor Protection of Female Employees stipulates that "the basic salary of a female employee shall not be reduced or the labor contract shall be terminated during the period of pregnancy, childbirth or breastfeeding". In this regard, in 1989, the Ministry of Labor stipulated in the Answers to Questions on Labor Protection Provisions for Female Employees (Lao An Zi (1989) No. 1) that "no enterprise or individual may terminate the labor contract of a female employee who implements the labor contract system on the grounds of pregnancy, childbirth or breastfeeding if the contract period has not expired".

In 1990, the General Office of the Ministry of Labor further clarified in the Reply to the Request for Instructions on the Termination and Termination of Labor Contracts for Female Employees of Foreign-Invested Enterprises during Pregnancy, Childbirth and Breastfeeding (Lao Ban Ji Zi (1990) No. 21) that "for female employees who practice family planning, even if the labor contract expires within the 'three periods', the labor contract shall not be terminated, and must be extended until the expiration of the lactation period." "When dealing with labor disputes that occur during the "third period" of female employees, the above relevant laws and regulations and documents should be fully understood and applied.

The legal provisions governing breastfeeding include the Labor Law of the People's Republic of China, the Provisions on the Labor Protection of Female Employees, and the Law of the People's Republic of China on the Protection of Women's Rights and Interests.

The employer shall arrange a 1-hour breastfeeding break for lactating female employees during their daily working hours; If a female employee gives birth to multiple babies, the breastfeeding time shall be increased by 1 hour per day for each additional baby breastfed. Employers with a relatively large number of female employees shall, on the basis of the needs of female employees, establish facilities such as sanitary rooms, rest rooms for pregnant women, and nursing rooms, to properly resolve female employees' difficulties in physical hygiene and breastfeeding.

The salary for 3 months and 6 months of breastfeeding leave shall be paid according to the basic salary of the person plus the post allowance and 80% of the provincial direct subsidy, which will not affect the promotion, salary adjustment and calculation of the length of service and return to the family.

Legal basis

Special Provisions on Labor Protection of Female Employees

Article 9: Employers must not extend working hours or arrange night shifts for female employees who are nursing infants under the age of 1. The employer shall arrange a 1-hour breastfeeding break for lactating female employees during their daily working hours; If a female employee gives birth to multiple babies, the breastfeeding time shall be increased by 1 hour per day for each additional baby breastfed. Article 10: Employers with a relatively large number of female employees shall, on the basis of the needs of female employees, establish facilities such as health rooms, rest rooms for pregnant women, and nursing rooms for female employees, to properly resolve female employees' difficulties in physical hygiene and breastfeeding.

Article 8 For female employees who have already participated in maternity insurance, the maternity allowance during maternity leave shall be paid by maternity insurance in accordance with the standard of the average monthly wage of the employee of the employer in the previous year; For those who have not participated in maternity insurance, the employer shall pay the salary of the female employee before the maternity leave. The medical expenses for childbirth or miscarriage of female employees shall be paid by the maternity insurance in accordance with the items and standards stipulated in the maternity insurance, and for those who have already participated in the maternity insurance**; For those who have not participated in maternity insurance, the employer shall pay for it. Article 13: Where an employer violates the provisions of paragraph 2 of article 6, article 7, or paragraph 1 of article 9 of these Provisions, the administrative department for human resources and social security of the people's ** at or above the county level shall order it to make corrections within a set period of time, and impose a fine in accordance with the standard of between 1,000 and 5,000 yuan per female employee who has been violated.

If an employer violates the provisions of Articles 1 and 2 of the Appendix to these Provisions, the people's production safety supervision and management department at or above the county level shall order it to make corrections within a time limit, and shall be calculated according to the standard of between 1,000 and 5,000 yuan per female employee who has been violated, and shall be fined. If the employer violates the provisions of Articles 3 and 4 of the Appendix to these Provisions, the people's production safety supervision and management department at or above the county level shall order it to rectify within a time limit and impose a fine of not less than 50,000 yuan but not more than 300,000 yuan; and where the circumstances are serious, order the relevant operations to be stopped, or request that the relevant people order them to close down in accordance with the authority provided for by them.

Divorce is possible for breastfeeding women. However, it will restrict the husband from suing for divorce. According to the relevant provisions of the law, the man may not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy.

This restriction does not apply if the woman files for divorce, or where the people's court deems it truly necessary to accept the husband's request for divorce. Therefore, a lactating woman can get a divorce. This provision is intended to protect the woman's psychological state.

Civil Code of the People's Republic of China

Article 1082.

The man may not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy;

However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.

Civil Code of the People's Republic of China

Article 1076.

Where both husband and wife laugh and wish for divorce, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration office in person.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Legal Analysis: Provisions on Breastfeeding for Female Employees: Employers shall arrange a one-hour breastfeeding break for breastfeeding female employees during their daily working hours; Employers must not reduce the wages of female employees, dismiss them, or terminate their labor or employment contracts because they are breastfeeding; Breastfeeding female employees must not be arranged to work longer hours and night shifts; Other.

Legal basis: "Special Provisions on Labor Protection of Female Employees" Article 9 Employers shall not extend their working hours or arrange night shifts for female employees who are nursing babies under the age of 1.

The employer shall arrange a 1-hour breastfeeding break for lactating female employees during their daily working hours; If a female employee gives birth to multiple births, the breastfeeding time shall be increased by 1 hour per day for each additional baby breastfed.