Laws of the Guangdong Province

Some Rules of Shenzhen Special Economic Zone on Implementing the Law of the People' s Republic of China on the Guarantee of the Rights and Interests of Women

(Adopted at the Eighteenth Meeting of the Standing Committee of the First Shenzhen Municipal People' s Congress on September 10, 1993)

Article 1 In order to implement the Law of the People' s Republic of China on the Guarantee of the Rights and Interests of Women, and guarantee the lawful rights and interests of women, these rules are formulated in accordance with the actual circumstances of Shenzhen Special Economic Zone (hereinafter referred to as Special Zone).

Article 2 Guaranteeing the lawful rights and interests of women is the common duty of the whole society. The state organizations, social organizations, enterprises, institutions and self-governing mass organizations at the basic-level shall protect the rights and interests of women according to law.

Article 3 The Shenzhen Municipal Women' s Federation and other women organizations at all levels represent and maintain the interests of women, and have rights to require and assist relevant departments to investigate and punish the behaviors that infringe on the rights and interests of women.

Article 4 The Shenzhen Municipal People' s Government sets up the safeguard committee of rights and interests of women, which coordinates and supervises relevant departments to perfect the work of guaranteeing the rights and interests of women.

Article 5 No unit and individual may infringe on the political rights, rights of the person, rights and interests of properties as well as other lawful rights and interests that women enjoy according to law.

Article 6 The municipal and district women' s federation may provide legal advice, litigious and nonlitigious representation and other legal service for women.

Article 7 There shall be some women in the representations of the municipal, district and town people' s congress.

Article 8 The state organizations, social organizations, enterprises and institutions shall lay stress on training and selecting female leaders and managerial personnel.

If there exist the conditions, the competent departments of education, hygiene, culture and other industries that have more workwomen shall have female leaders.

Article 9 The woman organization at all levels may recommend woman leaders or managerial personnel to the state organizations, social organizations, enterprises and institutions. Relevant state organizations, social organizations, enterprises and institutions shall attach importance to these recommendations.

Article 10 Transferring the personnel into Special Zone shall abide by the doctrine of equality of men and women, and shall not improve standards or add conditions to women.

Article 11 Workwomen have rights to accept the sparetime education and training. The organizations, social organizations, enterprises and institutions shall hold vocational education and technical training for workwomen to improve their cultural and business quality.

Article 12 The organizations, social organizations, enterprises and institutions shall provide necessary facilities and conditions to enrich the worker' cultural life. Workwomen shall enjoy the rights equal to that of workmen when participating in the cultural activities.

Article 13 It is prohibited to employ the female child labor less than 16 years old.

If violating the provision of the preceding paragraph, the employer shall send the employed female child labor back to his original habitation and be responsible for curing and compensating the damaged female child labor, and the administrative department of labor shall impose punishment to the employer according to relevant provisions of the State; If the circumstances are serious, the administrative department of labor shall order the employer to stop business for rectification, or the administrative department of industry and commerce shall revoke the business license of the employer.

Article 14 When leasing or purchasing the welfare or microprofit houses, workwomen shall enjoy the rights equal to that of workmen. It is prohibited to improve standards or add conditions to workwomen.

Article 15 In the stipulated supply range on the welfare or microprofit houses of the Shenzhen Municipal People' s Government, the woman with registered permanent residence of Special Zone has a right to lease or purchase the welfare or microporfit house in one of the following conditions:

(1) fostering the underage children after she is divorced according to the agreement or judgment;

(2) her husband is the soldier in active service;

(3) more than 35 years old but being unmarried, having lost the spouse or being unremarried after divorcing.

Article 16 Each unit shall protect the women' s safety and health in the work and labor time according to women' s characters and in accordance with the law. It is prohibited to arrange workwomen to undertake the labor that workwomen are forbidden to undertake according to provisions of the State. It is prohibited to prolong the labor time of workwomen violating the provisions of laws and regulations.

If the unit violates provisions of the preceding paragraph, the administrative department of labor shall order it to make corrections immediately, and treat it according to different conditions:

(1) If the unit violates relevant provisions of the State and arranges workwomen to undertake the prohibited labor, the administrative department of labor shall impose a fine more than RMB 500 but less than RMB 1,000 each person on the employer according to the number of the arranged workwomen;

(2) If the unit violates the provisions of laws and regulations to prolong the labor time of workwomen, the administrative department of labor shall impose a fine RMB 10 per hour each person on the employer according to the prolonged work time and the number of workwomen.

If violating the provisions of the first paragraph of this article and causing damages to the health of workwomen, the employer shall provide timely treatment and compensate for the losses. Relevant departments shall prosecute the legal responsibility to the persons in charge of or directly liable for the employer.

Article 17 Each unit shall observe provisions of relevant laws and regulations strictly and provide special protections for workwomen during the period of menstruation, pregnancy, lying-in and lactation.

Any unit shall not lower the payment for labor and welfare treatment of workwomen, dismiss workwomen or cancel the labor contract unilaterally during the period of menstruation, pregnancy, lying-in and lactation of workwomen. Any unit shall not dismiss workwomen or cancel the labor contract unilaterally with the excuse of marriage. But if laws and regulations have respective provisions, these provisions shall be observed.

If the unit violates provisions of the preceding paragraph, the administrative department of labor shall order it to make corrections within a time limit. If the unit lowers the payment for labor of workwomen, it shall give compensation three times of the lowered payments for labor; If the unit dismisses workwomen or unilaterally cancels the labor contract but refuses to make corrections, it shall issue the whole payment according to the rest contract period and the living allowance stipulated by the state, and the administrative department of labor shall impose a fine more than RMB 1,000 but less than RMB 5,000 each person on the employer according to the damaged workwomen.

Article 18 Each unit shall provide necessary conditions of life and hygiene and safe facilities for workwomen.

Article 19 Each unit shall make a general women' s disease check to workwomen periodically, and the check fees shall be born by the unit.

Article 20 Women have rights to undertake all economic activities, and no unit and individual may prevent and district them. The lawful incomes of women are protected by the law.

Article 21 Women enjoy the right of possession, use, earning and disposing equal to that of the other family members for the joint properties in the family, and the other family members shall not restrict or deprive of these rights with the excuse that women have a low or no labor incomes, etc.

Article 22 Women have the succession right of properties equal to that of men. In the legal heirs of the same sequence, the female underage children, women without labor ability or old women shall be given considerations under the same conditions.

Article 23 It is prohibited to drown, discard or cruelly injure the female infant. It is prohibited to impose the corporal punishment or disguised corporal punishment on the female child. It is prohibited to force the female child to beg, make a living as a performer, etc. It is prohibited to beat or cruelly injure women.

Article 24 It is prohibited to organize, force, induce, accommodate, employ or introduce women to prostitute themselves or engage in erotic activities.

Article 25 The personal freedom of women shall not be infringed on. No unit and individual may coop women unlawfully with any excuse, deprive of and district the personal freedom by other unlawful means, or search for women' s body unlawfully.

Article 26 It is prohibited to abuse women who give birth to the girl or have no eugenesis. It is prohibited to abuse the foster daughter or other female ward. It is prohibited to abuse or discard the orphaned, vidual, old, handicapped and other women without labor ability.

If the female family member is abused or discarded but can' t make a complaint, any unit and individual may make a complaint instead of her.

Article 27 It' s prohibited to annoy, insult or have indecent behaviors to women with the advantages of position, employment, wardship, reformation, etc.

Article 28 It is prohibited to force women to conduct the activities that violate their will with a threat of exposing the privacy. It is prohibited to damage women' s fame and personality with the means of publicizing the piracy.

Article 29 If violating Article 23, 24,25,26,27 and 28 of these rules, the violator shall stop the infringement immediately; Relevant department shall treat the violator seriously; If the violator violates Regulations of the People' s Republic of China on Punishments in Public Order and Security Administration, the public security organization shall impose the punishment of public security; If the circumstance constitutes a crime, the judicial department shall prosecute the criminal responsibility.

Article 30 If the woman who loses the spouse or gets divorced remarries, her family and other people shall not restrict and intervene her with any means.

Article 31 After the man and women finish the marriage registration, the woman may become the member of the man' s family, and the man may also become the member of the woman' s family. If according with relevant provisions of the State, the woman or the man shall be approved to settle down.

The members of the family who have settled down or the members of the family in which the female permanent residence haven' t been moved out of the ancestral home after she married enjoy the rights equal to that of the local inhabitants in the aspects of carving up the homestead, distributing the stock ownership, collective welfare, etc.

If the parties violate the provision of the preceding paragraph, relevant competent departments shall order them to make corrections; If causing losses to the damaged person, the infringer shall compensate for the losses.

Article 32 If the man conceals the fact that he is married, marries the woman who is unmarried, loses the spouse or is divorced or lives together with her in name of the couple, and causes losses to the woman, he shall compensate for the losses; If the behavior constitutes the bigamy, the judicial department shall prosecute the criminal responsibility.

Article 33 The man shall not require to divorce during the woman' s pregnancy, within one year after the child was born or within 6 months after the woman pauses the gestation.

Article 34 If the man conceals or seizes the joint properties when the couple divorce, the woman has a rights to require relevant departments to deal with it according to law.

Dividing the properties shall consider the woman who brings up the child or lives with difficulty when the couple divorce.

Article 35 Handling the problem of the child' s bringing-up shall consider the reasonable requirements of the woman when the couple divorce if it is propitious to the child' s rights and interests.

Article 36 Dealing with the houses that the couple hold or lease together shall consider the rights and interests of the woman and child when the couple divorce.

Article 37 These rules shall go into effect as of November 1, 1993.