The rights of pregnant women at work. Future pregnant women are prohibited. When is it necessary to bring a certificate of pregnancy?

Expectant mothers are interested in how to protect the rights of a pregnant woman at work, and whether the Labor Code provides for changes in 2016.

Having learned about pregnancy, women are afraid to tell their colleagues about it, because they do not know how the employer will react to the news. Many people worry about being fired or having their careers ruined.

In order to protect the rights of pregnant women, the state drafted the Labor Code taking into account their situation and made minor adjustments to it in 2016. Knowing them, you can be confident in your future and not be afraid of the persecution of the authorities.

How to inform management?

According to the Labor Code, a pregnant woman is in a special position, regardless of the wishes of the boss. To avoid unpleasant situations, the employer needs to be told about the pregnancy in a timely manner.

Words must be confirmed by a certificate from antenatal clinic, which is given to expectant mothers when registering.
To officially notify management, make a copy of the document and take it to the human resources department for registration. There, a number will be put on the certificate and the date of acceptance will be written.
The document will not give the boss contentious issues assert that the employee's pregnancy was not known.

When applying for a job, they cannot refuse a place due to pregnancy. The labor protection code prohibits such women from probation You must be employed immediately. The only option for failure is non-core education or lack of jobs.

During the interview, you may not say that you are expecting a child. This should not be a reason for dismissal when the employer finds out about the pregnancy.

If you were wrongfully refused to be hired, tell your employer to provide a certificate with the specified reason for the refusal. He is obliged to provide it on the basis of Article 64 of the Labor Code of the Russian Federation. With the document, go to court and demand compensation for moral damage in connection with the violation of the right to work of pregnant women.

Rights of pregnant women

The legislation prohibits dismissing a pregnant employee and terminating an employment contract if she does not fulfill her duties and during systematic absenteeism every day.

The Labor Code for 2016 provides for dismissal only in connection with the liquidation of the enterprise.

When an enterprise ceases to exist, seniority the pregnant woman is not interrupted and compensation is paid. To do this, contact the employment center and register.

When is the deadline employment contract expires during pregnancy, the employer does not have the right to fire the employee. He is obliged to extend the contract until childbirth and provide the woman with conditions for work before the decree.
If the authorities decided to fire the expectant mother, she will easily return the job through the court. Take work book, a copy of the dismissal order and write a statement to the labor inspectorate. They will consider the claim and restore the rights of the woman.
When you get a job while pregnant, make sure that you conclude an employment contract, and not a civil law one. It prevents the exercise of the legal right to insurance and social security. Such a trick of the boss will cause many problems before the decree and will not give the guarantees laid down by the Labor Code.

Sometimes a woman goes to work in the place of an employee on maternity leave. If pregnancy occurs at the end of the employment contract, the employer must provide the woman with a position corresponding to her position. When they don’t have one, or the pregnant woman refused the offered vacancies, the boss can fire her.

Working conditions

Long before the decree, pregnant employees need to switch to light work and special working conditions. This means that a woman can work part-time. Exact amount time spent on work is negotiated with the boss, but keep in mind that wages are being reduced.

Expectant mothers cannot be involved in many types of work:

they are forbidden to work at night;
weekends and holidays;
overtime and travel.

A pregnant woman is allowed to refuse to work on a computer for more than 3 hours in a row. This is difficult to do in a modern office, where working conditions require you to spend the whole day in front of a monitor. But the employee has the right to say so and ask for legal rest breaks.

Health regulations allow pregnant women to demand a job change when the work involves exposure harmful substances in production, or workplace located in a draft, in damp basements and in other unhealthy areas.

When working conditions force you to systematically lift weights, the weight of the load should not exceed 1.25 kg.
When lifting heavy objects alternates with other work, the weight increases to 2.5 kg.
But it is better to demand a transfer, especially before the decree, in order to exclude a harmful effect on the baby.

Sometimes the employer refuses to transfer the employee to light work at her request. Provide him with a doctor's conclusion that such work is contraindicated for you. When switching to new job have to say about maintaining the average wages at the previous location.

When a woman is entitled to annual paid leave, the employer does not have the right to refuse to provide it. He is obliged to send the pregnant woman on vacation, even if she does not insist on it. Usually, women try to go on vacation a month before the decree in order to rest longer and prepare the conditions for the birth of a child.

Dismissal

Features of maternity leave

A woman's decree is a vacation that begins shortly before childbirth, lasting 140 calendar days. Then another vacation begins - to care for the baby for 3 years.

In connection with the increase in the subsistence minimum, the Labor Code in 2016 changed the calculation of payments before the decree. The rules under which a pregnant woman goes on vacation have not been amended.

To go on maternity leave, get a certificate of incapacity for work at the antenatal clinic, write an application and submit the documents to the boss on the same day.
The sick leave is issued on the basis of the date of the expected birth, from which 70 days are counted back. It turns out that a woman goes on vacation at the end of the 7th month of bearing a baby.
If the woman was in the hospital before the decree, confirm this with a sick leave. Then the employer will provide leave after the recovery of the woman.

Young mothers are worried about whether the days that are the decree are included in the experience. The Labor Code says that the time before childbirth and the time allotted for recovery after them is defined as insurance experience. It is included in the total length of service and is taken into account when calculating pension payments.

This vacation is not funded salary, but temporary disability benefits. Its size is calculated from the salary that a woman has in the last 2 years.
According to the labor code, maternity leave benefits should not be lower than minimum wage labor. In 2016, it amounted to 6204 rubles. This means that 70 days before the decree and 70 days after it, you can get about 30 thousand rubles as a minimum.
The maximum payment depends on the amount from which contributions to the social insurance fund are deducted. At the beginning of 2016, a young mother with a high salary for 140 days on maternity leave received a maximum of about 248 thousand rubles.

Going on vacation, try to spend every day usefully and have a good rest. You will need strength before childbirth and to restore health after the birth of the baby.

A woman who has made the decision to have a child often faces a dilemma. It is very difficult for many to decide what is a priority for them - career or personal life. Realizing that she is pregnant, the expectant mother begins to look for answers to questions: what to do with work, when to take maternity leave, how the authorities will react in case of frequent sick leave, and suddenly they will offer to quit, and so on. Pregnancy and work are quite compatible, and every woman should understand this.

Expectant mother and her work

Do you have good news, are you pregnant? Do not make hasty decisions, calm down and think things through. Initially, visit a gynecologist and consult about your current condition. If there is a risk of complications, it may well be that for a certain period of time you will have to forget about the workplace.

In the absence of health problems, you can safely continue to attend work, until the decree. Don't be afraid to tell employees about your situation. Hiding it is highly discouraged. As practice shows, many women try to “hide” their pregnancy for as long as possible.

They do so for various reasons. Some think that they will definitely be fired, others are afraid of deprivation of additional payments and bonuses, others do not tell anything, simply for superstitious reasons. All these fears are unfounded. On the contrary, they deprive the pregnant woman of all the privileges that her position brings and is rightfully due to her. The employer is not entitled to:

Dismiss this category of employees or reduce them.
Transfer them to easier work and at the same time reduce wages.
Refuse to shift the work schedule (this applies to the beginning and end of the work shift).

It is always worth being prepared for the fact that management can behave, to put it mildly, "unfairly." Ignoring the laws that protect expectant mothers, the bosses are looking for ways to get rid of such a “draughter”.

A woman is offered a woman to switch to a lower rate in order to save money, sent at "her own expense" and even offered to quit. Noticing this attitude towards yourself, you should not be afraid and despair. Learn your rights and stand up for them boldly. In case of violation of the law, the employer is liable.

How to report pregnancy?

Before you tell your boss important news, you need to prepare in advance. There is no guarantee that this message will be received positively. Do not be offended in case of such a reaction. Set yourself on a positive note, don't make a fuss, don't make threats, and try to discuss the matter calmly and kindly.

When planning to stay at work and then go on maternity leave, it is best to inform management in advance. After all, sooner or later it will have to be done. Don't wait until your "secret" becomes too obvious.

The boss will perceive silence as a conscious deception and the attitude towards you is unlikely to become positive. From the experience of such cases, it is clear that it is better to resolve all issues in a timely manner. It is irresponsible to bring the situation to distrust of oneself, thereby aggravating the situation in the team.

Do not think solely about your own benefit, because the boss must prepare for your departure. And this takes time. Timely awareness will allow you to pre-select a person for your place.

Restrictions while working

What rules should a pregnant woman follow at work during the period of bearing a baby?

Avoid excessive physical activity.
Avoid situations that cause nervous stress and depression.
It is contraindicated to stay in one position for a long time (sit or stand), to come into contact with toxic and chemical substances in your activities.
It is necessary to take rest breaks during the work shift.
Work is shown no more than forty hours a week, and only in the daytime.

The workplace in the office should not be located near heaters, fans, in a draft, near an air conditioner, near printers, copiers and other equipment.

Documents for issuing a decree

Women officially registered under an employment contract should not worry. All payments are made by the organization in which you are registered at work. The rest of the expectant mothers will have to apply to the relevant structures, namely the Department of Labor and Social Protection of the Population (UTSP) according to the registration of the place of residence or actual residence.

After making sure of your position, do not delay contacting the antenatal clinic, where you will be taken under medical control. Here they must issue a certificate, which is subsequently submitted to the HR department for registration of leave related to the bearing of a child and future childbirth. In addition, on the basis of this document allowance will be paid. When calculating it, the average earnings for 180 days of previous work are taken into account. Including bonus payments, travel allowances, surcharges and vacation pay are taken.

When deciding to reinstate at work, even if a sick leave was issued, maternity money is not paid. The law does not provide for parallel financing of salaries and benefits.

Persons involved in entrepreneurial activity, funds under the decree are paid by the social insurance fund. Students and the unemployed apply for payments to the Social Security Administration.

The rights of working mothers

Basically, all women, being pregnant, are quite sure that they can master the performance of the volume of official duties. But in reality, they don't always succeed. If you understand that you are not coping, do not gloss over this fact. Talk to management about ways to reduce the amount of workload and eliminate the most difficult tasks to complete. You can ask for help if you do not have time to do something. Surely the boss won't mind.

The issue of the health of the mother and the unborn baby should come first. And overworking during the period of bearing a child is extremely dangerous. Therefore, even with a slight deterioration in condition, fatigue or the appearance of questionable symptoms, the best thing to do is to suspend work activities for a while.

A pregnant woman who is employed can:

Sick leave for an unlimited number of days.
Require management to reduce production standards or transfer to a site with lower loads (without changes in wages).
Raise the issue of reducing the length of the working day.
Do not work at night, in excess of established standards, on weekends and holidays.
Refuse travel.

The workplace is retained for the entire period of stay on postnatal sick leave and parental leave. The employer is not entitled, without this consent, to reduce or dismiss a pregnant woman. If the company is liquidated or declared bankrupt, the management is entitled to dismiss such an employee, and her subsequent employment is mandatory.

Working in a seated position

If your job requires constant sitting, then it would not be superfluous to know some rules:

You need to sit on a comfortable chair, with armrests and with a back.
The height of the chair is adjusted so that the feet rest completely on the floor, while the bent legs create a right angle.
It is necessary to take breaks from work every 45 minutes and get up from the workplace to walk and do exercises.
When you are sitting, do not cross your legs. In this position, blood circulation in the pelvis is disturbed.

During pregnancy, the load on the spine increases significantly as the uterus grows. Incorrect posture when sitting on a chair exacerbates the load, and also leads to pathological processes in the pelvic organs. Prolonged sitting, in the absence of breaks, contributes to the development of hemorrhoids.

Pregnancy and computer technology

Many expectant mothers are concerned about the safety of working at a computer during the period of bearing a child. If the job requires the use of a computer, will it harm the baby? After all, performing official functions, you can spend the whole day behind the monitor.

For many years, experts have been trying to determine how dangerous a computer is for a woman who is expecting a baby. Repeated studies were carried out, statistical records were kept of pregnant women, whose work is a constant presence at the computer, the percentage of pathologies in the development of the fetus and spontaneous abortions was determined. Fortunately, the connection between possible miscarriages and working at a computer has not been established.

It is worth noting that technology is improving at an incredible speed and these are no longer the machines that were produced several decades ago. Then, in order to protect yourself, it was necessary to use protective screens from electromagnetic radiation. Despite this, it cannot be said with certainty that prolonged exposure to a computer screen during pregnancy is absolutely safe.

You need to sit in front of the monitor in the correct position, with a straight back and at the optimal eye distance from the monitor. It is important to take breaks from work. Do not forget about dangers such as physical inactivity and blurred vision.

Pregnancy and labor code

Awareness in the issue of "pregnancy and work" helps ladies in the position in employment.

A woman is able to work the first six months of pregnancy. Very often, the employer refuses to enroll this category in a job. Thus, he saves himself from the problems associated with the payment of maternity money and vacation pay.
It is important to know that it is illegal in the absence of other good reasons.
You are required to be accepted into the state, and without appointing a probationary period.

Knowing clearly about your rights, you can easily develop a strategy for behavior in a team. The Labor Code is designed to protect a person, his rights to work and rest. No exception and women bearing children. This is not to say that absolutely everyone likes these laws. However, we must comply with them. You will need some courage in upholding positions. And remember, the law is on your side.

You can plan a decree from the seventh month of pregnancy. The doctor in charge of your pregnancy will issue a certificate. It will indicate the term of your position and the expected date of delivery. The duration of prenatal leave is 70 days, in case of multiple pregnancy it is extended to 84 days. After childbirth, according to the law, 70 days of sick leave are required if the birth went without complications. If there are problems with delivery, a woman is disabled for 86 days, and 110 if twins were born.

At the end of the period of prenatal and postnatal sick leave, an application is written for granting leave to care for the baby, until he reaches the age of three years. For the entire period, the organization retains the workplace for you. Also, the maternity period is counted in the insurance experience. You can return to work without waiting for the end of the three-year break. But, in such a situation, funding for benefits will be suspended.

Rest time

For women in interesting position» There are also benefits regarding holidays. Prior to going on sick leave before childbirth, the employer must not create obstacles and provide the employee with annual and additional leave without taking into account the period worked at the enterprise for the current year.

After all, after the sick leave, most often, women go on parental leave and can no longer use the opportunity to “walk away” the days laid down by law. This technique is widely practiced in government institutions.

Payments at the birth of children

According to the current legislation, both working women and those who are not employed are entitled to receive benefits. If a woman waiting for a baby is framed at work by an employment contract, then the allowance will be provided at her place of work. The basis for this is a certificate of incapacity for work issued in medical organization. The amount of payments is one hundred percent of wages. The rest of the fair sex applies for registration of assistance to the social security at registration.

To apply for a loan, you must provide the following documents:

Certificate of approved form from the hospital.
Application of the established form.
Certificate from the place of work, study, service.
Individual tax number, passport, work book.
A document from the employment center (if you are looking for a job and have submitted documents to the employment service for this).

You should apply for the allowance within six months from the end of the maternity leave.

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 court and prove that there was an employer's bias and an unreasonable refusal to find a job.

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 director's secretary as expected, with the assignment of an 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.

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 average earnings, which 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.
A pregnant woman is released from work on weekends, holidays, days. She should not be asked to work nights or overtime.
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.
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.
A pregnant woman has the right to leave work to see a doctor for regular checkups. If the pregnancy is multiple or complicated by various problems, systematic examinations, tests, etc. may be required. A woman must be released from work while maintaining her salary for the duration 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.
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.
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 inform about 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 higher than the base value established by law to go on maternity leave for a long time. 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 2019 Labor Code establishes certain rules for employer-initiated dismissal for pregnant women. 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;
on own 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:

Art. 64 of the Labor Code of the Russian Federation guarantees the future mother the conclusion of an employment contract.
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.
Art. 255 of the Labor Code of the Russian Federation speaks of granting leave in BiR for at least 140 days.
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.

It is difficult to find an employer who is happy to hire a woman in a position, but expectant mothers already have numerous problems. The thought of announcing pregnancy at work instills fear for a future career, although stress is the last thing a woman needs right now.

The law tries to protect pregnant women as much as possible from causes for unrest, but its implementation still leaves much to be desired. Employers are not always ready to play by the rules when they find out that their future or current employee is in an interesting position.

From that moment on, a wonderful employee in their eyes turns from a competent staff into a burden with which you have to mess around too much. Such an attitude is unacceptable and, according to the law, should entail appropriate punishment.

National legislation prohibits discrimination against women during pregnancy when applying for a job and in every possible way protects their labor rights during this period.

The rights of pregnant women at work under the Labor Code are almost better protected than the rights of other vulnerable groups.

On the side of women and the Criminal Code. For expectant mothers, there are special rules regarding working conditions and working hours, as well as dismissal procedures. It is better not to joke with labor rights. Liability for violation of the rights of a pregnant woman may not be limited to a fine.

The chance of success in court will increase if it was possible to obtain a reasoned written confirmation of the refusal, but employers become more cunning and are in no hurry to clearly state the reasons why they are denied employment.

“Insufficient qualifications” and other difficult-to-measure concepts in the answer will perfectly help the employer hide his true motives when refusing. Another common reason for refusal is “the seat is already taken”.

However, she herself a woman is not legally required to report that she is pregnant. If the employer did not know about the interesting position of his new employee, and is now extremely dissatisfied with the new circumstances that have opened up, he has no way to hold the woman accountable.

But after employment, she should notify the employer about the special situation (pregnancy) as soon as possible so that he takes into account the nuances of Russian labor legislation and responsibility for its non-compliance.

As a supporting document, a certificate from a antenatal clinic or a state clinic is suitable.

The document should be registered with the personnel department and receive confirmation that the certificate was issued properly, i.e. She was assigned a number. Be sure to make a copy of the certificate and keep it for yourself.

Special working conditions for expectant mothers

For new employees, if they are pregnant, it is illegal to establish a probationary period. Special attention should be paid to this when concluding an employment contract.
Pregnant women have the right to ask for a reduced work schedule or work from home.
It is necessary to exclude work in adverse conditions from the point of view of the Sanitary and Epidemiological Service: under the influence of ionizing radiation, in high noise pollution or in abnormal air humidity.
The weight of things lifted by an employee should not exceed 1.25 kg (permanently) and 2.5 kg (periodically).
The need to stay in a standing or sitting position for a long time should be eliminated.
Work associated with regular walking on stairs is excluded.
Computer work can be reduced to 3 hours per shift.
Upon subsequent presentation of a certificate, women can take paid time off to visit a clinic or undergo a medical examination.
It is forbidden to hire pregnant women to work on a rotational basis.

The purpose of creating special working conditions for a woman in position - concern for her health and future offspring, as well as the need to protect her from unnecessary stress that could damage pregnancy.

Transfer to another job

On the recommendation of a doctor and the employee's own application, her output standards may be reduced, and she may also be transferred to another job with more favorable working conditions.

In this case, it must be saved middle level salary at her previous job even in the case when the new position involves less earnings.

If proper working conditions are provided without affecting the pregnant woman negative factors momentarily is not possible, the employee is released from her duties with the preservation of the average wage until the necessary conditions are available.

If a woman has a child under 1.5 years old and she is not able to fulfill her duties in the past volume, then she is supposed to be transferred to a job more suitable for her current capabilities, while maintaining the same level (in the average version) wages. These conditions persist until the child reaches the age of 1.5 years.

Maternity leave

In most cases, prenatal leave is 70 days, the exception is cases of pregnancy with twins or triplets, when the leave can be extended to 84 days. After childbirth, leave from work can also be 70 days, with exceptions - 86 for difficult births and 110 for the birth of several babies. If the birth took place earlier than the planned date, then the days remaining from the prenatal leave can be added to the postpartum.

Regardless of the length of time worked at the current place, the employee has the right to take annual paid leave before or after the completion of maternity leave.

It is illegal to recall a pregnant woman from vacation urgently. This restriction does not even remove the employee's own consent.

Is it possible to attract a pregnant woman to additional work?

During pregnancy, an employee cannot be:

sent on a business trip;
involved in work on weekends and non-working holidays, as well as at night (after 22:00) or overtime.

Similar restrictions apply to women with children under 3 years of age. However, in this case, an exception is possible if the employee herself has given consent. The employee must confirm in writing that she was aware that she could refuse these conditions.

Can a pregnant woman be fired?

If you are wondering if they have the right to fire a pregnant woman from work, then the answer will be unequivocal. No, even if she starts to skip work without good reason and warning, as well as violate the company's internal regulations.

The maximum impact in this case is a reprimand. It is also illegal to reduce the expectant mother.

However, termination of an employment relationship with a pregnant employee is sometimes possible.

Such cases include:

termination of IP activity,
company liquidation,
dismissal by agreement of the parties,
voluntary dismissal.

It is worth recognizing that the least protected are the labor rights of women working under a fixed-term contract, although even under such conditions there are significant favorable conditions. If a woman worked under a fixed-term contract, then it will have to be extended. To do this, she will need to provide a medical certificate of her condition and write a corresponding application in writing to draw up a new contract.

The contract will be extended until the end of the maternity leave. If the employee continues to fulfill her duties, then it will be possible to officially terminate the relationship on a fixed-term contract within a week after the end of the pregnancy.

The employer also has the right to demand a monthly certificate from the employee confirming the presence of pregnancy. Visual confirmation, characteristic of late pregnancy, in this case not enough.

If the pregnant employee was hired to temporarily perform the duties of another employee, then her dismissal is allowed upon expiration of the contract. This possibility exists if there are no options for transfer to another position.

The employer is obliged to offer the expectant mother all the vacancies suitable for her. If the expectant mother is not satisfied with the position presented for transfer, then the authorities have the right to fire her.

How to protect the labor rights of a future mother in 2019?

There were no significant changes in labor guarantees for expectant mothers in 2019. No further trend is foreseen in the direction of reducing or increasing these guarantees. There were no new ways to protect rights.

As in most disputes related to the labor rights of workers, There are four ways to solve the problem:

Seek help from a trade union, if one exists.
Submission of an application to the commission on labor disputes.
Contacting the Labor Inspectorate
Search for the truth in court. You should apply to the district court.

The more documents you collect confirming the violation of your rights, the higher the chances of success in court or government agencies. Even if nothing portends an unpleasant story at work, try to collect all the necessary and required documents or copies of them.

There are organizations that help women protect their rights for free, but do not rush to file a lawsuit. At the first stage, it is always better to try to peacefully resolve the issue., arguing his position on the basis of the existing guarantees fixed in the law.

Sue and get in trouble with government bodies no one loves, so it is likely that a compromise will be found at the negotiation stage. In most cases, such negotiations end in dismissal by agreement of the parties, in which the woman is paid good compensation.

It's no secret that many employers prefer to hire men. The reason why they do this is simple: such an employee is unlikely to go on maternity leave. It is he who “scares” many leaders, forcing them to refuse young women. Or force them to quit of their own free will when reporting a pregnancy. Let's try to figure out whether the decree is so terrible for the employer, and whether a woman can protect her labor rights in such a situation.

Labor rights and obligations of a pregnant woman

Strictly speaking, any employee, regardless of his marital status, there are two main duties: to personally perform the work provided for by the contract concluded with the employer, and also to obey the internal rules and regulations of their organization or enterprise. For this, he has the right to provide a workplace that meets numerous rules and regulations, the work specified in the contract, as well as to receive wages in full and on time.

At the same time, the legislator establishes a number of special rules for women in general and for pregnant women in particular. They begin to operate from the moment you contact your future employer for employment:

Deny a job. by stating the gender or state of pregnancy as the reason, the employer has no right, this is discrimination, which is expressly prohibited by law. The basis for refusal can only be business qualities or non-compliance with qualification requirements.
There are a number of professions in which female labor is prohibited in principle. There are about 500 specialties on the list approved by the Government Decree. They are associated with severe, harmful or hazardous conditions labor, as well as underground work. Pregnant women are not allowed to work at night.
The law also requires the employer to take into account the health status of employees. If there are medical indications to reduce production standards or eliminate any adverse impact, then, according to the woman, she should be transferred to lighter work .
If the employer does not yet have the opportunity to transfer to light work, then before it appears, the employer is obliged release a pregnant woman from work, but pay this time as worked.

The average salary for a pregnant employee is:

during mandatory visits to doctors;
after transition to light work.

That is, all the time before going on maternity leave, she will receive the same amount as in the old place. As for medical examinations, their passage must be confirmed by a certificate from the clinic. Otherwise, the absence may be regarded as being late or absenteeism and cause a penalty.

The right to maternity leave

What else are pregnant women entitled to at work? They have special leave associated with the birth of a child. The familiar term "decree" actually combines two different vacations: for pregnancy and childbirth and for caring for a child under 3 years old. Both of them are provided at the request of a woman, but are issued and paid differently. During this time, the employee retains her position. But instead of a salary, she will receive Social Security benefits.

Reason for maternity leave. in addition to the application, there will be a certificate of incapacity for work (sick leave). To care for a child, any parent or even grandparents can take a vacation. They can use it either in full or in parts. During this leave, a woman can work from home, remotely or part-time. At the same time, she will receive both an allowance and a salary.

Relying to her regular annual leave, a woman can add to maternity leave. Moreover, both before its start and after. Father, at his request, the employer is obliged to issue another vacation so that it coincides with the wife's maternity leave.

Can a pregnant woman be fired from her job?

Labor law establishes a direct ban on the dismissal of employees on vacation. This fully applies to maternity leave. The law also establishes for the employer a number of prohibitions on the dismissal of a woman in a state of pregnancy. This creates the erroneous idea that such an employee cannot be fired in principle. However, it is not.

There are few cases when the dismissal of a pregnant woman is legal, but they are:

liquidation of the employing organization, i.e. legal entity and an individual entrepreneur (clause 1, part 1, article 81 of the Labor Code) or a branch of a legal entity (part 4, article 81 of the Labor Code);
agreement of the parties, drawn up in writing (clause 1, part 1, article 77 of the Labor Code);
the woman's own desire (clause 3, part 1, article 77 of the Labor Code);
the end of a fixed-term employment contract (clause 2, part 1, article 77 of the Labor Code);
the refusal of a pregnant employee to work with the new owner (only for the director, his deputies and chief accountant), in changed working conditions or move with the employer (paragraphs 6, 7 and 9, part 1, article 77 of the Labor Code, respectively).

Protecting the labor rights of a pregnant woman: where to turn?

Labor law provides for several possibilities for a working pregnant woman to protect her labor rights. First of all, this is an appeal to the primary trade union organization or to the commission on labor disputes(KTS) directly at the place of work. The appeal must be in writing, indicating which rights were violated.

In case of illegal dismissal, it can be challenged in district court. You can also contact him in other cases, bypassing the KTS and the trade union. The court will require a statement of claim, to which it will be necessary to attach documents that serve as evidence of the employer's wrong.

You can also complain about the illegal actions of the employer in prosecutor's office or the State Labor Inspectorate. The complaint must be in writing and contain both information about the employee who applied, and a description of the violations of labor rights committed by the employer.

Olga Krapivina, lawyer, specially for the site Mirmam.pro

Dismissal under the Labor Code of the Russian Federation in 2017

The grounds for dismissal under the Labor Code of the Russian Federation in 2017 are listed in Art. 77 of the Labor Code of the Russian Federation.
The general grounds for terminating the employment contract of an employee and an employer may be the following:

The agreement of the parties. Dismissal on this basis is regulated by Art. 78 of the Labor Code of the Russian Federation. On this basis, you can cancel the validity of any employment contract. To do this, you need to sign an agreement between the employee and the employer, which will detail all the nuances of dismissal.
Expiration of the employment contract. Dismissal on this basis is regulated by Art. 80 of the Labor Code of the Russian Federation. Having concluded fixed-term contract with the employer, the employee must be prepared for the fact that the contract expires and the employer can fire him. This is sufficient reason to terminate the employment relationship. However, there is an exception - if the term of the employment contract has expired, but none of the parties "remembers" about it, and the employee continues to work, then the terms of the urgency of the contract lose their legal force and the contract becomes concluded for an indefinite period.
Employee initiative - art. 80 of the Labor Code of the Russian Federation. The employee has the right to quit at his own request. To do this, you must notify the employer 2 weeks in advance. If the employee is on probation, then 3 days. It is not necessary to obtain permission from the employer to dismiss on this basis, you only need to properly notify him. You need to be sure that the employer has received the employee's application. It is necessary to write 2 copies of the application and on one you need to put a note of acceptance. Even if the employer does not agree with the dismissal of the employee, with such a notification, he will not be able to challenge it in court.
Employer's initiative 81 of the Labor Code of the Russian Federation. An employer can also take the initiative and fire an employee. There are several reasons for this, including the guilty actions of the employee. Dismissal at the initiative of the employer must be properly executed - the employee must be notified, familiarized with the orders and instructions of the employer. If the dismissal was caused by the guilty actions of the employee, then it is necessary to conduct an investigation in accordance with the current labor, administrative and civil legislation. Incorrectly executed dismissal of an employee at the initiative of the employer is the basis for challenging the dismissal in court. For example, an employer may carry out a reduction in staff or headcount. At the same time, he must notify the employee 2 months in advance, offer him a vacancy that corresponds to his qualifications and work experience. If the employee refuses, the employer has the right to fire him, paying him severance pay and compensation.
Transfer of an employee to another employer, or his election to an elective position. An agreement may be concluded between two employers, under which an employee can change jobs by transfer. At the same time, the employment contract of the “old” employer is terminated, and that of the “new” one begins. The initiative to transfer can come from both the employee and the employer.
The employee's refusal to continue labor Relations if the terms of the contract have been altered in any way. A legal entity may change the owner of the property or restructuring may occur, which led to some changes in the terms of the employment contract in a unilateral, not violating the law, order. If an employee refuses to comply with the new terms of the contract, he may be fired.
The refusal of the employee to move to a new workplace in another area with the employer. When moving to another area, the employer must notify employees. Refusal to move is the basis for termination of employment;
Circumstances that do not depend on the will of the parties. Such circumstances may be the call of an employee for military service, the beginning of studies in higher or secondary vocational educational institution, his detention in connection with the opening of a criminal case or other reasons that make it impossible to continue the employment relationship;
Violation of internal regulations or labor discipline. Such violations include absenteeism without good reason, appearing at the workplace in a state of alcoholic or drug intoxication or other violations.

Dismissals for the above reasons must be justified and not fictitious. If the grounds for dismissal are the guilty actions of the employee, then they must be proven and supported by documents.
Properly executed dismissal under the Labor Code of the Russian Federation 2017 is an obstacle to challenging it in court.

Rights of pregnant women at work - rights and obligations of a pregnant woman at work

The policy of our state in recent times aimed at stimulating natural growth population. In this regard, new social programs are systematically introduced to encourage the birth of children in Russian families.

Also, many benefits and provisions are included in the labor legislation of Russia, which relate to the benefits of working women awaiting the birth of a baby. It is these privileges that will be discussed further.

The rights of a pregnant woman at work under the Labor Code 2017

The Labor Code of the Russian Federation defines in 2017 a number of benefits for a future mother at work, including:

transfer to easier working conditions;
not allowing to lift weights over 2.5 kg, in some cases - 1.25 kg;
prohibition to involve night shift, as well as to work on weekends and "red" days of the calendar;
providing the necessary additional breaks in the shift;
the prohibition to dismiss and reduce a woman in a position (the only exception is complete liquidation enterprises);
timely exit on leave for the birth of a child and care for him;
the possibility of receiving monetary compensation for pregnancy and childbirth from production.

Responsibilities of a pregnant woman at work

In addition to privileges, future women in labor also have their own duties, according to the labor law, from which no one has exempted them, including:

timely notification of management about the upcoming decree (for this, it is necessary to provide the relevant document from the antenatal clinic to the personnel department);
observance of the order and charter of the organization (company);
not allowing absenteeism without a good reason;
avoidance of their direct labor duties.

Does a pregnant woman have the right to get a job?

Many ladies in a position are interested in the question, do they have the right to refuse a pregnant woman to be hired? No, according to article No. 64 of the labor law (you can download the law from the link above), the employer does not have the right not to accept an employee for a vacant position if she is in a position.

If nevertheless this happened, the woman has the right to demand a written justification for the refusal, after which she can go to court. Most likely, the manager who violated the law will not only be punished with an administrative penalty, but will also be obliged to accept the applicant for a job, indemnifying her for moral damage.

Does a pregnant woman have the right to leave work to see a doctor

A woman who will have a baby soon can leave her shift to see her doctor for regular consultations. To interfere with visiting the doctor, the management of the company has no right.

Moreover, according to article No. 254 of the Labor Code (you can download the code above), the days of a scheduled dispensary examination are paid in full. As proof of the date of visiting the doctor, the expectant mother must bring the appropriate certificate from the clinic to the head.

Do they have the right to transfer a pregnant woman to another place of work

Can management transfer a woman who is expecting a child to another place in the workplace?

Yes, this is only possible in two cases:

with the consent of the employee herself;
if the transfer is carried out on light labor.

If, for example, a lady in position was involved in work involving weight lifting, then now she should be transferred to such work where she would not lift more than 2.5 kg, and in some moments - no more than 1.25 kg .

In the event that an employee spends more than 3 hours at a computer per shift, she must be provided with additional time for rest.

Can a pregnant woman be fired from her job?

Do they have the right to lay off a pregnant woman from work? The management of the enterprise where the expectant mother works does not have this opportunity. A woman in a position does not have the right to be fired from her place of work or laid off. This law is enshrined in Article 64 of the Labor Code (you can download the law above) of Russia.

The only exception is the situation when an enterprise (organization) completely ceases to exist as a legal entity, which occurs during its liquidation. But even in this case, the employee in the position should be compensated and provided with severance pay.

Violation of the rights at work of a pregnant woman

Any infringement of the rights of pregnant women at work can end very badly for the employer, up to criminal liability.

For example, in case of violation of Article No. 64 Part 2 of the Labor Code of the Russian Federation (refusal of a pregnant woman in employment) can lead to a significant fine or corrective labor.

Protecting the rights of pregnant women at work

To protect the interests of pregnant women at work, the Labor Code of the Russian Federation (articles numbered 254, 255, 259, 261 and others) categorically prohibits the dismissal of expectant mothers, and also defines a number of their privileges, which were mentioned above.

Guarantees and benefits for pregnant employees

Plenum Supreme Court The Russian Federation, in Resolution No. 1 of January 28, 2014, clarified a number of issues regulating the specifics of the work of women, persons with family responsibilities and minors. The explanations are given taking into account the practice and questions that arise in the courts when considering labor disputes on similar topics. The clarifications of the Plenum of the Supreme Court of the Russian Federation will ensure the unity of the application of labor legislation by the courts and put an end to long-standing disputes between employees and employers.

1. If the employer did not know about the employee’s pregnancy and issued a dismissal in a situation where, according to the law, termination of the contract with pregnant women is prohibited, then the subsequent request from the employee to reinstate work is subject to satisfaction
Reason: Clause 25 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1

2. The employment contract, the end of which took place during the period of the employee's pregnancy, in general, must be extended until the end of the pregnancy. At the same time, in the case of the birth of a child, the need for dismissal is indicated not within a week after the child’s birthday, but on the last day of maternity leave
Reason: Clause 27 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1

3. Testing for employment is not established for pregnant women, women with children under the age of 1.5 years, as well as persons under 18 years of age. This rule also applies to other persons raising children under the age of 1.5 years without a mother.

If a test was established for such employees, then termination of the employment contract with them based on the results of the test is unlawful
Reason: Clause 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1

Guarantees at the conclusion of an employment contract

In Art. Art. Articles 64 and 70 of the Labor Code stipulate the guarantees provided to pregnant women at the conclusion of an employment contract. Yes, it is forbidden:
- refuse to hire a woman for reasons related to her pregnancy (part 3 of article 64 of the Labor Code of the Russian Federation);
- establish a probationary period for employment for pregnant women (Article 70 of the Labor Code of the Russian Federation).

Labor Relations

So, the employment contract with the employee is concluded. Consider what guarantees and benefits rely on in the framework of labor relations for pregnant employees.

part-time work

Pregnant women may be assigned a part-time work regime.
In fact, the modes of operation can be as follows:

part-time (shift). When a part-time work day (shift) is established for an employee, the number of hours of work per day (per shift) accepted for this category of employees is reduced;

part-time work week. When an employee is found to have incomplete working week the number of working days is reduced in comparison with the working week established for this category of workers. At the same time, the length of the working day (shift) remains normal;

combination of part-time work modes. Labor legislation allows a combination of a part-time work week with part-time work. At the same time, the number of hours of work per day (per shift) established for this category of workers is reduced, while the number of working days per week is also reduced.

Pregnant women can apply to the employer with a request to establish a part-time (shift) or part-time working week both at the time of employment and subsequently. The employer is obliged to satisfy such a request (part 1 of article 93 of the Labor Code of the Russian Federation). incomplete work time can be established both without a time limit, and for any period convenient for employees.

Special working conditions for pregnant women

With regard to pregnant women, the Labor Code establishes a number of rules prohibiting their involvement:

to work at night and to overtime work (part 5 of article 96, part 5 of article 99 and part 1 of article 259 of the Labor Code of the Russian Federation);

work on weekends and non-working holidays (part 1 of article 259 of the Labor Code of the Russian Federation);

work on a rotational basis (Article 298 of the Labor Code of the Russian Federation).

If a woman is pregnant, the employer does not have the right to send her on business trips (part 1 of article 259 of the Labor Code of the Russian Federation).

Transfer to light work

Pregnant employees, on the basis of a medical report and at their request, should have reduced production rates, service rates, or they should be transferred to another job that excludes the impact of adverse production factors (part 1 of article 254 of the Labor Code of the Russian Federation).

Guaranteed average earnings

The Labor Code establishes several cases in which a pregnant employee retains average earnings:

the period during which a pregnant woman performs lighter work. This time is paid based on the average earnings of an employee in her previous job (part 1 of article 254 and article 139 of the Labor Code of the Russian Federation);

the period during which the employee is released from work due to her harmful effects until she is provided with suitable work. The working days missed as a result of this are paid based on the average earnings from the previous job (part 2 of article 254 of the Labor Code of the Russian Federation);

the period of her passing a mandatory dispensary examination in a medical institution (part 3 of article 254 of the Labor Code of the Russian Federation).

Note. Do I need to confirm the passage of a dispensary examination? The Labor Code does not impose on a woman the obligation to submit to the employer any documents confirming the passage of a dispensary examination. Nevertheless, it is advisable in writing (referring to the norm of part 3 of article 254 of the Labor Code of the Russian Federation) to warn the employee about her absence from the workplace for this reason, so that it is not regarded as absenteeism and during this time the average earnings were saved.

Granting maternity leave

Maternity leave - special kind holidays. It is provided on the basis of an application and a certificate of incapacity for work (part 1 of article 255 of the Labor Code of the Russian Federation). Behind calendar days maternity leave, the employer assigns an appropriate allowance. The period a woman is on maternity leave is taken into account when calculating the length of service giving the right to annual paid leave (part 1 of article 121 of the Labor Code of the Russian Federation).

Guarantees when granting the next vacation

By general rule the right to use leave for the first year of work arises for the employee after six months of his continuous work with this employer (part 2 of article 122 of the Labor Code of the Russian Federation). However, for certain categories of workers, the Labor Code provides for an exception to the general rule. So, regardless of the length of service with this employer (even before the expiration of six months from the start of continuous work in the organization), paid leave at the request of the employee must be granted:

women before maternity leave or immediately after it, or at the end of parental leave (part 3 of article 122 and article 260 of the Labor Code of the Russian Federation). The employee determines the date of her annual paid leave on her own. As a rule, annual leave turns into maternity leave. In addition, it is forbidden to withdraw a pregnant employee from the annual main and additional holidays (part 3 of article 125 of the Labor Code of the Russian Federation) and replace these holidays or parts thereof with monetary compensation (part 3 of article 126 of the Labor Code of the Russian Federation);

husband while his wife is on maternity leave (part 4 of article 123 of the Labor Code of the Russian Federation).

At the same time, the annual paid vacation for this category of persons is provided at a time convenient for them, regardless of the vacation schedule drawn up. The minimum duration of the annual basic paid leave is currently 28 calendar days (part 1 of article 115 of the Labor Code of the Russian Federation).

Prohibition on dismissal at the initiative of the employer

The Labor Code prohibits the dismissal of pregnant women at the initiative of the employer (with the exception of cases of liquidation of the organization or termination of activities individual entrepreneur) (part 1 of article 261 of the Labor Code of the Russian Federation).
However, there are options for terminating an employment relationship with a pregnant employee. For example, if a pregnant employee works under a fixed-term employment contract.

Dismissal is not allowed if.

during the period of validity of a fixed-term employment contract, a pregnant employee will write an application to extend the validity of the employment contract until the end of pregnancy and submit an appropriate medical certificate, the employer is obliged to satisfy the request of the woman (part 2 of article 261 of the Labor Code of the Russian Federation). At the same time, at the request of the employer, the employee must submit a medical certificate confirming pregnancy, but not more than once every three months. A change in the terms of the term of the employment contract must be fixed in an additional agreement.

Please note: the moment of concluding a fixed-term employment contract (before or after the onset of pregnancy) does not matter for extending the term of this contract.

If a woman actually continues to work after the end of pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day when the employer knew or should have known about the end of the pregnancy.

On a note. The actual end of pregnancy should be understood as the birth of a child, as well as artificial termination (abortion) or miscarriage (miscarriage) of pregnancy.

Maternity leave and benefits. During the term of the employment contract, a pregnant employee can take maternity leave. In this case, she must be paid the appropriate allowance in full for all calendar days of maternity leave (Article 255 of the Labor Code of the Russian Federation)

Dismissal is possible if (part 3 of article 261 of the Labor Code of the Russian Federation).

a fixed-term employment contract was concluded with her for the duration of the performance of the duties of an absent employee. In this case, the dismissal of a pregnant employee is allowed due to the expiration of the employment contract (clause 2, part 1, article 77 of the Labor Code of the Russian Federation);

the organization does not have work that a pregnant employee can perform, or she refused the proposed work options (clause 8, part 1, article 77 of the Labor Code of the Russian Federation).

What kind of work should an employer offer a woman?

According to part 3 of Art. 261 of the Labor Code of the Russian Federation:

not only that job or vacant position that corresponds to her qualifications, but also a lower position or a lower-paid job;

all available vacancies that meet health requirements;

vacancies and jobs available to the employer in the area. Vacancies and jobs available elsewhere must be offered where provided. collective agreement, agreements or employment contract.

If the woman agrees to the transfer, some conditions, such as the place of work, position or term of the employment contract, are changed by concluding an additional agreement to the employment contract.

The article is current as of 05.02.2016

The rights of pregnant women at work, what should a future mother know? The law is on your side, we protect our rights and defend benefits to the employer!

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?

At her main job, she has no right to terminate her employment relationship due to pregnancy. 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 - the complete liquidation of the enterprise (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 their annual leave by attaching it to the decree (that is, “take a walk” before or after the decree). How long a woman has worked 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 completed 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:

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 get registered and take a document that confirms your interesting position.
Take the certificate received in the antenatal clinic to the personnel department. If you have a suspicion that the “news” about your situation 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.
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 Labor Codes 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 the probationary period;
Art. 255 - regulates issues of maternity (maternity) leave;
Art. 258 - if you return to work before graduation maternity leave, then according to this article, up to the age of one and a half years, 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.