Parenting 

The rights of pregnant women at work under the labor code. Prohibition on dismissal at the initiative of the employer. Guarantees when granting the next vacation

Every working woman goes on maternity leave sooner or later. The employer partially observes the rights of pregnant women at work or, in general, does not consider her position. But the legislation of our country provides for many rights and benefits for expectant mothers, but not all pregnant women know about them. Let's see what a pregnant woman can claim.

What rights does a pregnant woman have under the law?

For the first time being in a position, a woman is obliged to know the privileges that she is entitled to by law. Very often, an "unsophisticated" pregnant woman is infringed and deprived of the privileges provided for by the Labor Code. In order not to get into such a situation, it is necessary to know the legal side of labor issues.

Do I need to hide my position when applying for a job?

Pregnancy cannot be called a disease. Therefore, a pregnant woman retains the right to "ask" for a job and refuse her employment because of an interesting situation, making it the reason for refusal, they have no right. And the Labor Code of the Russian Federation provides for criminal punishment for refusing to a woman in a position. They can refuse to accept a job if the education or its level does not meet the requirements of the workplace.

If the employer plays up and tries to find non-existent reasons, demand a written refusal indicating the arguments for which he cannot or does not want to accept you. This document can become decisive if the case goes to court.

There is no trial period for pregnant women at any enterprise or organization. She must be hired immediately. The law does not prohibit a pregnant woman from "hiding" the fact of pregnancy when applying for a job, and the employer does not have the legal right to hold her accountable after revealing the "secret". In this case, the role moral principles, and if you want to remain in your position after the decree, then it’s better not to hide your position.

The rights of pregnant women at work: can a future mother be fired?

Terminate at the main job due to pregnancy labor Relations her have no right. Here, "cunning" directors will not be helped by a reason for negligent attitude to work. A pregnant woman who negligently performs official duties, the maximum that threatens is a reprimand. A future mother can be dismissed from her position only in one case - complete liquidation enterprises (transition from one owner to another or a change in the form of government is not a complete liquidation). The same reasons for dismissal apply to mothers on maternity leave.

In cases where the employee works under an employment contract. and the end of his term falls at the time of pregnancy, according to the law, the authorities must conclude with the expectant mother labor contract before the birth of the child. Only after a successful delivery or under unforeseen circumstances, the loss of the fetus (miscarriage) at work have the right to terminate the employment contract with her.

Working conditions for women in an interesting position at the main place of work: what can change?

The rights of pregnant women to light work are protected legislative framework. According to the Labor Code of the Russian Federation, a pregnant woman has the right to transfer to a place with a reduced working time. How many mandatory hours a woman in position should work is not spelled out, so this issue is being resolved with management. As for the payment, it will be charged only for the hours worked.

Also, the labor code provides that a pregnant woman is not required to work on weekends, holidays, night and overtime hours. Mandatory (under the guidance of superiors) business trips for them do not exist.

As an exception, when working conditions are contraindicated for a pregnant woman, and this is confirmed by a medical opinion, she must be transferred to easier working conditions, but at the same time her average monthly salary from her previous position should be maintained.

Vacation for pregnant women. What don't many people know?

According to the Labor Code, which applies to all employees, the employee has the right to annual leave. When going on vacation, the employee is required to pay vacation pay. For those who work in the organization for the first year, such a right comes after the first six months worked. As for women in an interesting position, they are allowed to go on the prescribed annual leave by adding it to the decree (that is, "take a walk" before the decree or after it). How long a woman worked - it does not matter.

It is forbidden by law to recall the expectant mother ahead of schedule from annual leave. The concept of "decree" can be divided into two positions, namely:

1) The first is the statutory paid maternity leave. It is provided on the basis of a hospital document (sick leave), which is issued for a period of 30–32 weeks. With multiple pregnancies, the law allows a woman to be released on such leave at 28 weeks. It lasts:

  • 140 days - subject to the normal course of pregnancy and successful delivery;
  • 194 days - if the fetus is not one or there are complications during childbirth.

All vacation days are paid, vacation pay is accrued at 100% of the average monthly earnings (regardless of length of service). Vacation pay is paid in one lump sum.

2) Leave to care for a child up to 3 years. It is also divided into:

  • care leave up to 1.5 years;
  • vacation from 1.5 to 3 years.

The basis for sending a woman on parental leave is the birth certificate of the baby. According to the date of birth indicated in it, the employer must provide the accomplished mother with unpaid leave for a period of 3 years. All labor relations remain with the mother, and the employer does not have the right to dismiss or transfer to another place of work without her knowledge and consent. The only exception is the complete liquidation of the enterprise. Only in this case, the maternity clerk can be fired, but they must notify about this at least two months in advance.

How to put the boss in front of the fact of his position?

Seeing two stripes on the test, you should not immediately run to the authorities and declare that you are pregnant. Many bosses, having learned about the pregnancy of an employee, look for loopholes in the legislation in order to minimize the rights of pregnant women at work. But no matter how stubborn your boss is, remember that the law is on your side.

In order to avoid conflicts at work and the boss could not unlawfully infringe on the rights of a pregnant woman, it is necessary:

  1. It is advisable to come to a mandatory examination by a gynecologist before 12 weeks. The first ultrasound (scheduled for 11-13 weeks) will show if your baby is healthy. In cases where a pathology is detected in the fetus, and the doctor insists on an abortion, then it is no longer worth talking about the rights of pregnant women. If everything is in order, then register and take a document that confirms your interesting position.
  2. received in antenatal clinic certificate, take it to the personnel department. If you have a suspicion that the “news” about your position will not be accepted with a bang, then first make a copy of the certificate and let the personnel officer put down the date of receipt of the document and the incoming registration number on it. Very often, such a piece of paper helps a woman to defend her rights.
  3. In addition to the certificate, you, if you wish, write a statement in any form. It indicates that you want to enjoy all the rights and benefits that are legally provided for pregnant women. Usually such statements are "in use" when the "stubborn" boss does not want to take into account the position of the employee.

By such actions, you will reinsure yourself against unexpected "surprises" from the leadership.

Excerpts from the Labor Code of the Russian Federation. Get ready to meet the boss!

The Labor Code (Labor Code) was developed back in Soviet times, so the information below will be useful not only to citizens Russian Federation, but also to everyone who has citizenship in the post-Soviet countries. Since it was this legislative code that formed the basis of the Labor Codes of the countries formed after the collapse of the USSR. The only difference may be the numbers of articles that you will have to refer to, proving to your superiors that you are right.

The rights of pregnant women at work, what can be claimed according to the Labor Code of the Russian Federation?

  • Art. 64 - prohibits refusing employment due to future motherhood;
  • Art. 70 - exempt from passing probationary period;
  • Art. 255 - regulates issues of maternity (maternity) leave;
  • Art. 258 - if you return to work before the end of maternity leave, then according to this article, until the age of a year and a half, a woman has the right to additional time intended for feeding him (30 minutes, but every 3 hours);
  • Art. 259 - protects from sending on a business trip (with the exception of the written consent of the expectant mother) and work at night, holidays, overtime;
  • Art. 261 - prohibits the dismissal of women in position;
  • Art. 298 - excludes employment with rotational working conditions.

Waiting for the birth of a child is a bright period for every woman, so nothing should overshadow this time. In order not to violate the rights of pregnant women at work, try to solve all non-standard situations with management in a dialogue way, but do not forget to point out to your superiors the legal component that you already know about. Easy childbirth and conflict-free situations at work.

Author of the publication: Olga Lazareva

Good day my readers. Everyone remembers the first time they saw two cherished stripes on a pregnancy test? What have you experienced? Excitement, joy, happiness, but also anxiety, right? Now life will change dramatically, and you need to tell the good news to one person. Here's how he takes it...

It's not about the future daddy. He will undoubtedly share your emotions and begin to make plans for the future. But your boss at work, perhaps, will not be happy at all, and will begin to plot intrigues in order to get rid of the “uncomfortable” employee as soon as possible. After all, it will be necessary to pay maternity leave, make all kinds of concessions, it is easier to fire a pregnant woman and take someone else in her place.

Unfortunately, such cases happen all the time. And we, little knowing the laws, we cannot protect ourselves from the arbitrariness of employers. Stop it, I tell you! The rights of pregnant women at work are clearly spelled out in the Labor Code and we are obliged to know them and not to offend ourselves and the baby.

Accept can't be denied

It is not uncommon for women to find out they are pregnant when they are looking for work. Let's say you worked as an ordinary seller, and then you were offered a place in another store already as a deputy director. You quickly quit, and then suddenly you find out that you are expecting a child.
If the employer intended to accept you, but upon learning of the pregnancy, refused, know that this is illegal! The reason for the refusal may be a lack of experience, medical contraindications, inappropriate education, but not the “interesting position” of the employee. By refusing to work for a job applicant, the employer can be punished in accordance with the Criminal Code of the Russian Federation, compulsory work or an impressive fine. Please note that the boss does not have the right to set you a probationary period. (Article 70 of the Labor Code of the Russian Federation)

It is also legally illegal when, when applying for a job, an employee is required to sign an agreement that she will not become pregnant in the next few years. You can not sign such papers, because this is a violation of immunity to privacy(according to the Constitution of the Russian Federation).

Bad job and bad boss

If you are already working, then the employer must fulfill a number of conditions:
Free the pregnant woman from harmful and dangerous work which could harm her well-being. When registering, tell the gynecologist about your work, and if the doctor considers that your activities and bearing a child are incompatible, she will write you a certificate. On its basis, the boss will be obliged to transfer you to a less dangerous position, or to significantly reduce the production rate. (Article 254 of the Labor Code of the Russian Federation)

During the transfer, the salary should remain at the same level, even if the new vacancy provides for a lower salary compared to the previous one. If the employer is unable to find more than light work, he will pay the forced "simple" expectant mother from his own pocket.

What kind of working conditions are considered harmful? In order not to guess, let's turn to the "Hygienic recommendations for the rational employment of pregnant women" approved by the Ministry of Health of Russia. They were developed back in 1993 and are still active in the current year, 2017.
So, pregnant women are not recommended:
- stand or sit for a long time at the workplace
- lift weights
- contact with radiation
- be in too noisy rooms (for example, a factory floor with loudly working equipment)
work with toxic or chemicals
- breathe too humid or dry air.

The shift method of work for expectant mothers is also prohibited (Article 297 of the Labor Code of the Russian Federation). If your employer asks you to leave night shift, go on a business trip or just work in excess of the norm, feel free to refuse and refer to the same Labor Code (Articles 96,99,113,259).
Surely, your work is connected with sitting at the computer. Try to reduce "communication" with the monitor to 3 hours a day, or even refuse to contact him at all. In this case, sanitary and epidemiological standards are completely on your side (SanPiN 2.2.2 / 2.4.1340-03).

To release a pregnant woman for a scheduled or extraordinary examination to the doctor at any time of the working day. At the same time, there can be no talk of any working off of “lost” time or deductions from wages. (Article 254 of the Labor Code)
At the request of the pregnant woman, the employer is obliged to shorten the working week or day. For example, you worked according to the schedule 6/1 for 10 hours a day. Now, in your position, such a schedule is simply unacceptable, and every month it will be more and more difficult to maintain such a mode of work. Go to your boss and put your requirements in writing. Do not be alarmed, the cut hours and days will not be compensated by next vacation or your experience. (Article 93 of the Labor Code)
Attach another vacation to maternity leave at the request of the employee. By labor code(Article 260), it does not matter whether the pregnant woman “deserved” a vacation by this time (that is, whether she worked for the required 6 months or not). If a woman decides that she wants to take a vacation before the decree simply because she is not satisfied with the pre-set vacation schedule, then she has every right to do so.
Do not call a pregnant woman from the current regular vacation. (Article 125 of the Labor Code)
Provide prenatal leave in the amount of 70 calendar days. Usually the gynecologist calculates when the future woman in labor can already be released from work. At the 30th obstetric week (not calendar!) A pregnant woman can temporarily leave the workplace. If the pregnancy is multiple, then you can start resting 2 weeks earlier.
Postpartum leave in the amount of 70 days is also provided with the preservation of the workplace and salary. For this, a sick leave certificate and a statement are required from a woman. Births with complications give the right to take 84 days of leave, and for the birth of 2 or more children - 110 days.
Upon the expiration of the postpartum period, issue all documents, benefits and state payments that the employee will receive on parental leave (up to 1.5, and then up to 3 years).

You don't work for us anymore

Considering the widespread infringement of the rights of pregnant women, when employers do not want to make concessions for employees in position and simply fire them, we will also touch on this issue. Do leaders have the right to do this? Definitely - no! Art. 261 of the Labor Code of the Russian Federation states that the employer does not have the right to terminate the contract with a pregnant woman. The exception is the complete liquidation of the organization or own wish women quit.

You can't fire a pregnant woman for a violation labor discipline and walks. In this case, softer "punitive" measures are applied: a remark or a reprimand.
Many work on an emergency basis. employment contract. If it has expired, and you are expecting a child, then the boss must extend it until the date of birth.

Unfortunately, there are situations when the protection of the rights of pregnant women is the work of the pregnant women themselves, and not the state and its laws. I'm talking about those who have unofficial jobs. Here, employers are extremely reluctant to fulfill their duties in relation to employees, and salaries are not always paid on time, and then there’s trouble with a pregnant woman. Get fired - that's the whole conversation.

In this case, lawyers unanimously say: you can’t count on paying maternity leave, and they can kick you out with complete impunity, but you are officially unemployed anyway. You can, of course, fight for your rights by contacting the prosecutor's office and the labor inspectorate at the place of residence. The chief is subjected to checks, including representatives of the tax and pension fund.

In general, arrange sweet life”, but in this case, nothing is guaranteed to you. It is better to leave the unscrupulous boss and go to draw up all benefits from the state. And after the decree, look for an official job.

Where to complain

If you work at a state-owned enterprise, but your rights as a pregnant woman are not respected, then you have every right to contact the following authorities:
- labor inspection (if you are forced to quit)
- to the district court (if you have already been fired)
- to justices of the peace (on other controversial issues)

To hold the employer accountable and file a claim, prepare: copies of the employment contract, dismissal order, work book, salary certificate.
And remember, although the law on the protection of pregnant women in our country does not exist as such, women's rights are regulated by other documents, and their violation is punished with all severity.

Discrimination against the weaker sex, and so often harassed in hiring and other situations, is an unacceptable phenomenon, and here the state is completely on our side. I hope I was useful to you today, and now you can defend your rights and avoid disagreements with your superiors. May your pregnancy be easy and may it not be overshadowed by hard work and malicious employers.
For further discussions of the topic, I am waiting for you, as always, on the forum. Tell us about your difficulties in the workplace, and how they were resolved. We'll listen with pleasure. And you will hear from me very soon. See you right here!

The first and main recommendation of gynecologists to all women bearing a child is the absence of unrest and rest at the first sign of fatigue. However, the reality is that most women combine pregnancy and work, but not all have the opportunity or desire to adjust their schedule or responsibilities to changed conditions. Someone is afraid of the sidelong glances of superiors and colleagues, some give all their strength to their favorite work, forgetting about sleep and rest, others focus on making money so that after childbirth they can recover calmly and take care of the child.

stress, harmful production, night shifts, early rises, and rushing are undeniably detrimental to the health of the mother and unborn child, while working with normal conditions and a schedule that allows for breaks helps to distract from the anxieties and fears common during pregnancy. How to build a relationship with the employer so that you do not have to choose between pregnancy and work? What rights and obligations do expectant mothers have, and what do employers have?

The Labor Code provides for special guarantees for expectant mothers to protect this category of workers, not very beloved by employers. This applies not only to employees, but also to those who are just entering the new job, since pregnancy cannot be a reason for refusing admission. Such women cannot be placed on probation.

Many employers insure themselves by writing a condition about this in an employment contract, however, for pregnant women, this item will be illegal. This also applies to cases where the employee is in a position at the end of the probationary period.

With regard to leave at work, the Labor Code guarantees women during pregnancy the following rights:

  1. The next leave can be granted according to the schedule either immediately before the maternity leave or immediately after it. Moreover, it can be taken by those women whose experience at the enterprise is less than six months, while in the general case, employees can go on vacation only after 6 months of work.
  2. It is impossible to recall an employee from vacation even if she agrees to it.
  3. It is not allowed to compensate with money unused vacation, a pregnant woman must realize it fully.
  4. Maternity leave is granted for 140 days (in the general case), 156 (if ), 160 (if living in a radioactive territory) or 184 (if ) days. It starts 70 days (in general), 90 (for those living in a radioactive area) or 84 (for multiple pregnancies) days before delivery. The duration of the leave does not depend on the length of service, position, salary or other similar factors. During pregnancy, it is paid after the provision of sick leave in accordance with federal laws based on the average daily earnings at work, and the source Money is the FSS, not the employer. If a woman decides to work even at 8-9 months of pregnancy, she receives a salary, but not a benefit - it is accrued only after going on vacation.

Working conditions

The Labor Code provides for the possibility of easing the requirements for the results and mode of work when confirming the pregnancy of an employee, this includes reducing production standards or transferring to another job while maintaining average earnings. If such a transfer took some time, for this period the woman is released from work with the preservation of the average wage. The basis is a medical certificate or a statement from the employee herself.

Another one common cause for unrest - safety. As for the specific influence of technology, scientists do not have an unambiguous opinion about the action of radiation and electromagnetic fields, but various eye diseases due to constant voltage are a very real problem. According to the law - SanPiN of 2003, the time of working at a computer during pregnancy is limited to 3 hours per shift, however, few people know about this.

Features of work during pregnancy

During pregnancy, laws provide for getting rid of a heavy work schedule.

Such employees should not be involved:

  • at night time;
  • overtime;
  • shift method;
  • on holidays and weekends;
  • on business trips.

Not a single pregnancy can do without regular visits to the antenatal clinic and other medical examinations. The employer is obliged to release the employee to visit doctors and take tests, and average earnings maintained for this period.

If with physical activity and harmful working conditions, everything is clear, is it possible to perform sedentary work during pregnancy? Given the changes in the body, this can be fraught with stagnation of blood in the pelvis and an increase in the load on the intervertebral discs. These consequences sedentary work pregnancy can be avoided if you choose the right chair, take breaks for 15-20 minutes every hour and forget about the cross-legged position.

At the request of the employee, she should be given a schedule with incomplete working week or part-time. Under normal conditions, such a regime is established by agreement of the parties, but in the case of a pregnant woman, her unilateral demand is sufficient.

When do I need to bring a pregnancy certificate?

Evidence of pregnancy for the employer is a certificate from the antenatal clinic. This document is obtained only if necessary. If an employee does not have, for example, overtime, night shifts, harmful conditions, and the employer lets her go for medical examinations without any problems and does not plan to fire her, then you can do without a certificate.

On the other hand, for transfer to other conditions or working hours, as well as in case of disputable situations, it is necessary as soon as possible. At work, a certificate of pregnancy must be registered immediately after receiving it.

Pregnancy changes a woman's attitude towards herself and work. Not everyone can withstand the previous pace of life, the body is rebuilt, which leads to drowsiness, memory problems and poor health, and physical labor becomes especially severe during pregnancy. On the other hand, pregnancy is not a disease, and the expectant mother may well continue to live as she is used to, but with some nuances.

Remember your the main task is to bear a child, and stress, overwork, lack of sleep bring complications for the health of the mother and fetus. Do not overexert yourself - physically or mentally. Feel free to relax, eat, get outside. Ask for a reduced work day or other working conditions if needed. This can be problematic, for example, when working in kindergarten during pregnancy, you can only be offered a reduced shift with the preservation of all duties, however, if necessary, you can ask the gynecologist to send you on sick leave.

Pregnancy itself is not a contraindication to work, but in some cases the gynecologist may insist on the need for inpatient or outpatient treatment. , like bloody issues, pain, lack of movement - this is a reason to quit all work matters, no matter how important they may be.

When to tell at work about pregnancy, each woman decides for herself, taking into account all the pros and cons. If you do not want attention from colleagues, are afraid of problems, or work involves maintaining appearance, you can hide your condition with clothes for the first 3-4 months, however, then it will be difficult to do so.

If you report your pregnancy in the first weeks, try to keep a balance between the changed capabilities of your body and professional requirements. Simply put, if under the pretext of pregnancy you shift all your work to colleagues in the office, good relationship you are unlikely to save with them, and your reunion with the team after maternity leave will be greatly complicated.

Employers are usually reluctant to hire pregnant women. For this reason, they do not have the right to refuse a position, but the motivation may be different. If you get a new job, it is better to hide the pregnancy, instead, try to prove yourself as a competent specialist and responsible employee - this will help maintain relations with the employer and give you the opportunity to calmly return to this position after maternity leave.

Dismissal and reduction

Many people know that a pregnant woman cannot be fired or laid off. Even if the employer at the time of the decision did not know about the condition of the employee, she can easily recover through the court. However, this statement is valid only when an open-ended employment contract has been concluded with her.

Situations when a woman can still lose her job:

  1. Liquidation of the organization or termination of the IP.
  2. Fixed-term employment contract. If it is concluded for the duration of the absence of another employee, the employer is obliged to offer other vacancies suitable for working conditions. If the transfer is not possible, the woman will be fired. If a fixed-term employment contract is not “tied” to the return of another employee to work, then it is extended until the end of pregnancy or maternity leave, and the employee must provide confirmation of her condition (certificate from a gynecologist) at the request of the employer.

Returning to work after having a baby

The application for maternity leave or parental leave indicates the duration of the period of absence of a woman from work, and after it ends, she has the right to return to work in the same position. A woman can interrupt her vacation and leave early by writing a statement from her employer. She retains her benefit and is entitled to a shorter day.

Most often, two main problems become - the presence of a small child and the need to get used to work again. For young mothers, the laws provide for some concessions - reduced working hours, vacations, sick days, but the restoration of professional qualifications and adaptation will have to be given time and effort.

It's no secret that not everyone follows the laws. If you come across an unscrupulous employer, do not conflict and calm down. Your task during pregnancy is to save your nerves and strength, and the labor inspectorate, the court, the prosecutor's office, or in some cases a higher organization will deal with violations at work. In most conflict cases, the law is on the side of pregnant women.

Useful video about work during pregnancy and maternity leave

I like!

The Labor Code prohibits denying employment to women in position. The rights of pregnant women at work are also protected. In particular, the law does not allow establishing a probationary period for them when hiring, dismissing them at the initiative of the employer, except for the cases specified in the law, provides for a number of other benefits.

Rights and benefits of pregnant women in employment

Article 64 of the Labor Code of the Russian Federation regulates the rules for concluding an employment contract, prohibiting restricting a person’s right to get a job according to any criteria, including because of the presence of pregnancy or small children, except for business qualities.

The Labor Code protects expectant mothers and provides them with a number of benefits when applying for a job. In accordance with Article 70 of the Labor Code of the Russian Federation, pregnant women must be employed without a probationary period.

When hiring a woman, the employer does not have the right to refuse her employment if she is pregnant. Also, he should not be interested in whether she is pregnant at the time of employment. It is possible not to hire a future mother if the level of her qualifications is insufficient or does not meet the requirements for the job that the pregnant woman is applying for.

If a woman understands that she is being refused on a far-fetched pretext, she has the right to ask for a refusal in writing. With it, you can subsequently apply to the labor inspectorate or the court and prove that there was an employer's bias and an unreasonable refusal of employment.

In practice, this is not so easy to do. Employers, knowing about the requirements of the law, try to circumvent them so as not to fall under penalties. Therefore, do not just ask for a written refusal, but state your request on paper and register with the secretary of the director as expected, with the assignment incoming number and with registration in the call log.

Rights of pregnant women at work

The rights of a pregnant woman at work are protected by the Labor Code. She cannot be fired even under Article 81 of the Labor Code of the Russian Federation for violation work schedule, absenteeism or other violation.

The rights and benefits of a pregnant woman at work are discussed in the following video

Benefits of working expectant mothers

By law, a working woman, preparing to become a mother, can take advantage of benefits specially provided for by law. Not all women know the law well, and employers often take advantage of this. In order not to lose the right privileges, you need to remember the following:

Transfer to another position

If a pregnant woman is unable to fulfill her previous duties, the employer must offer her another job. According to part 3 of Art. 261 of the Labor Code of the Russian Federation, this can be not only a job that matches the qualifications of the employee, but also a lower paid and lower position, as well as all vacancies that are suitable for a woman for health reasons and are located in the area.

  1. Pregnant women should be given light work. The expectant mother has the right to ask for a transfer to light work. This is done in the application form. A medical certificate confirming the need for translation can be attached to the application. It is issued by a antenatal clinic doctor. It indicates which specific work is contraindicated. For example, lifting weights, working in rooms with high humidity, etc. If a woman is transferred to light work, she retains the average earnings that she had in her previous position.
    The pregnant woman has the right to switch to. How many hours her working day will last, the manager sets. Payment must be made for actual hours worked.
  2. A pregnant woman is released from work on weekends, holidays, days. She should not be asked to work nights or overtime.
  3. A pregnant woman has the right to take an annual labor or after it. Every employee has the right to receive paid leave once a year. You can take it after working for at least 6 months. This rule does not apply to expectant mothers. As the Labor Code of the Russian Federation regulates, pregnant women can take annual paid leave after working any amount of time. It is impossible to call a pregnant woman to work from vacation ahead of schedule.
  4. A pregnant woman cannot work on a rotational basis. The Labor Code of the Russian Federation of 2019 for pregnant women, in article 298, limited the possibility of working away from their permanent place of residence.
  5. A pregnant woman has the right to leave work to see a doctor for regular checkups. If the pregnancy is multiple or gestation is complicated by various problems, systematic examinations, tests, etc. may be required. A woman must be released from work with pay at the time of the visit to the clinic.
    After the expectant mother takes a certificate from the medical institution confirming her condition and registers her in personnel department, she is obliged to allocate time to visit the doctor as needed.
  6. A pregnant woman in the process of work should receive additional breaks. She also cannot be transferred to another job without her consent, unless it is a transfer to light work.
  7. A pregnant woman is entitled to paid maternity leave. In the usual case and a normal pregnancy, a woman has the right to write an application for a paid leave for B&R for a period of 30 weeks. If the pregnancy is multiple, the law allows you to take a vacation of 28 weeks. If a woman lives in areas that have the status of environmentally disadvantaged, she is allowed to go on leave for B&R at 27 weeks. Thus, depending on the circumstances, the duration of the BiR leave can be 140, 156, 160 or 194 days. If the birth went with complications, one more for 16 days will be added to the sick leave for 140 days. It will be issued by the doctor of the maternity hospital.

In addition to a pregnant woman, her husband also has benefits. At his request, the employer is obliged to provide him with annual leave for the period when his wife is on maternity leave. Moreover, it does not matter what his experience of continuous work at this enterprise.

Vacation in BiR is granted on a declarative basis. Let's take a closer look at what this means and why you need it. Having written an application for going on vacation in BiR, and attaching a sick leave to it (Article 255 of the Labor Code of the Russian Federation), the expectant mother hands these documents to her employer (when the employer should report pregnancy, read). Vacation pay begins. And here it may turn out that it is unprofitable for a pregnant woman to go on vacation, because she will lose in salary. The fact is that women receive all maternity payments at the place of work, but the Social Insurance Fund allocates funds for their payment to the employer. The Fund's possibilities are not unlimited, therefore, when calculating the amount, the value of the basic marginal income was introduced. The amount of vacation pay for B&R depends on the size of the average daily earnings of the maternity mother for the 2 years preceding the year of maternity leave.

When the average daily earnings are calculated, it must be compared with the value of the maximum average earnings for the current year adopted by the legislator. If a woman's earnings exceed the value established by law, the base is taken to calculate the allowance.

You can watch the calculation of the B&R allowance in this video

That is why it is unprofitable for some expectant mothers whose income is above the legal baseline to go to maternity leave. The law provides for the possibility of such situations. Therefore, going on vacation in BiR is a voluntary matter of the worker herself.

She has the right to continue working until the day of delivery and to issue only the postpartum part of the leave. The next stage, registration of leave to care for a child under 3 years old, a young mother may also not use. She has the right to go to work, and her father, grandmother or other working relatives can take leave to care for a newborn. Look for material on the design of maternity leave for your husband at the link.

The expectant mother needs to remember what rights a pregnant woman has at work, whether she is entitled to benefits under the law, and in case of misunderstanding or unreasonable actions of the head, refer to the article of the Labor Code.

If the requirements of the pregnant woman are legal and she knows all her benefits and rights, the employer will not violate the law. Failure to comply with the rules threatens him with serious sanctions (Article 145 of the Criminal Code of the Russian Federation).

Rights of a pregnant woman upon dismissal

Additionally

If the rights of a pregnant woman were nevertheless violated, it is necessary to defend them, relying on the law. This can be done in several ways. First you need to write a statement addressed to the head with reference to the articles of the law and the requirement to comply with them. If this does not work, then it is worth writing a complaint to the State Labor Inspectorate and (or) to the prosecutor's office. An extreme measure would be to go to court, but no later than 3 months from the date of violation of rights.

A pregnant woman cannot be fired at the initiative of the employer. It is also impossible to try to circumvent the law prohibiting dismissal and come up with some kind of violation or find fault with the employee and accuse her of poor-quality work. Article 81 of the Labor Code of the Russian Federation, regulating the dismissal of workers for disciplinary violations, prohibits the dismissal of pregnant women, no matter what offense they have committed.

It is possible to dismiss a pregnant woman only in the event of the liquidation of the organization and the closure of the IP. More information on the dismissal of a woman on maternity leave during the liquidation of an enterprise -.

The Labor Code of 2019 establishes for pregnant women certain rules layoffs at the initiative of the employer. This can only be done when the enterprise where the woman works is liquidated. Upon dismissal, she will receive a salary for the hours actually worked, compensation for unused vacation, job loss benefits and maternity payments to the Social Insurance Fund or the Social Security Administration.

Also, you can fire the expectant mother:

  • if her work takes place in difficult conditions and transfer to light work within the framework of this organization is impossible;
  • by agreement of the parties;
  • at will.

In a disputable situation, remind the employer of the articles of the Labor Code of the Russian Federation for pregnant women that give them rights and benefits:

  1. Art. 64 of the Labor Code of the Russian Federation guarantees expectant mother conclusion of an employment contract.
  2. Art. 70 of the Labor Code of the Russian Federation prohibits testing a pregnant woman in order to verify her compliance with the work received.
  3. Art. 255 of the Labor Code of the Russian Federation speaks of granting leave in BiR for at least 140 days.
  4. Art. 261 of the Labor Code of the Russian Federation prohibits the dismissal of pregnant women.

You can ask questions about the rights of pregnant women at work in the comments to the article.

The labor legislation of the Russian Federation gives pregnant women special rights compared to other workers. They have a number of benefits, which will be discussed in this article. Every woman who has provided a certificate from the antenatal clinic confirming registration in connection with pregnancy can take advantage of the privileges. This certificate is registered with the personnel department.

Pregnancy and working conditions

Many of the benefits provided to pregnant women are related to working conditions. Thus, article 254 of the Labor Code of the Russian Federation states that, at the request of a woman, she can reduce her production standards. In addition, it is possible to transfer to another job that excludes the impact of harmful factors. At the same time, the woman retains both the position and the average salary.

Earnings are saved even when a woman is absent from work in connection with the passage of a mandatory dispensary examination. At the same time, the woman must provide the employer with certificates from the clinic confirming her absence from work precisely for this reason.

Pregnant women are exempted from certain types of work: they are forbidden to lift weights of more than 2.5 kilograms, work night shifts, and come into contact with harmful substances.

According to the law, a woman must change the type of activity in the case of piece work, conveyor work, in the presence of frequent business trips, etc.

To translate to more simple job a woman needs to write an application with a request for a transfer and back it up with a certificate from a doctor. This procedure will not be reflected in work book and will not affect wages.

Article 90 of the Labor Code of the Russian Federation allows a pregnant woman to work part-time in agreement with the employer. In this situation, the work and insurance experience of the pregnant woman is not subject to adjustment, but wage will depend on actual hours worked.

The legislation also defines the requirements for the workplace of a pregnant woman: the room must be equipped with ventilation, must have normal temperature air and humidity. Workplace should not be located near copying and duplicating equipment. It is necessary to work at the computer for no more than three hours per shift. And although today it is difficult to imagine in practice, women should still be aware of the existence of such rights and at least take periodic breaks from working at the computer.

Rights and obligations of pregnant women at work

The rights of pregnant women are reflected in several articles of the Labor Code of the Russian Federation (articles 254, 255, 259, 261 and others).

The main rights outlined in the document include the following:

  • the right not to work on weekends and holidays do not work overtime;
  • the right to compulsory payment of maternity leave, regardless of seniority women;
  • the preservation of the woman's workplace during the entire maternity leave;
  • continuation of accrual of labor and insurance experience;
  • the impossibility of terminating the employment contract at the initiative of the employer, except in cases of liquidation of the company.

In order to exercise her rights, a woman can apply in writing for the provision of certain benefits to the leadership of the organization.

Applications must refer to the articles of legislative acts, according to which these benefits are provided.

In addition to the enumerated rights, for pregnant women labor law certain responsibilities.

These include:

  • timely notification of management about the upcoming decree by providing the appropriate document;
  • compliance with the rules, regulations and charter of the organization;
  • avoidance of absence from the workplace without good reason;
  • non-avoidance of direct duties.

Getting a new job

According to article 64 of the Labor Code of the Russian Federation, a pregnant woman cannot be denied employment due to pregnancy when applying for a new job. Employment decisions should be made on the basis of personal and professional qualities person, and not on the basis of the absence of the fact of pregnancy.

If such a situation happens and a woman is refused, she can ask for a written explanation of the refusal, with which you can safely go to court.

According to Article 145 of the Criminal Code of the Russian Federation, an unreasonable refusal to hire by a court decision may be punished by a fine or compulsory work for the employer.

The same applies not only to refusal to hire, but also to unjustified dismissal.

There is no probationary period for pregnant women and women with children under one and a half years of age. This means that a woman cannot be fired because she has not completed her probationary period. In principle, any infringement of the rights of pregnant women can turn out to be rather deplorable for employers.