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Menstruating Women Given Protection Under Model Chinese Labor Contract
January 2, 2008 |
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The Beijing Federation of Trade Unions has released the first Collective Contract Model Text, in which it hopes that employees' salaries should be increased in proportion to companies' operations and profits.
This model text contract is not compulsory, so Chinese companies can choose some or all of the clauses to make them a part of their own employee labor contracts.
Though the model text asks that employee's salary be increased in direct ratio to an enterprise's profit, it says that the salary increase rate should be fixed through consultations between the enterprise and the employee representative. Regarding work hours, the new contract stipulates that the standard work time for employees is eight hours per day and should not be more than 40 hours per week.
The contract says that three groups of employees, including those who have been accredited as model or advanced workers at the municipal level or above; those whose family members are all jobless; and those who have the elderly or children to take care of should be given priority to stay is there are staff layoffs. Female workers who have dysmenorrhea can take leave during their menstruation and still be duly paid.
In addition to the necessary clauses of the Labor Contract Law, the Collective Contract Model Text also features detailed stipulations on workplace related issues. For example, it says that companies must not lower the position or the salary of pregnant employees because of their pregnancy.
BFTU says it will try to have companies sign the collective contract by the end of this year through a collective consultation mechanism.
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China has gone one more step toward being more civilized with this model labor contract and the Chinese government seems to become more human to laborers. But a female Chinese said she overheard from her co-worker (who might be a rumourmonger) that her U.S employer stamped with fury after learning she is pregnant. So does this mean that the labor contract is still deceptive and the American employee also discriminate female employees like their Chinese counterparts? No. they should be aware that their female workers will one day become mothers from the day they begin to hire them.