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Working day for pregnant women according to the Labor Code of the Russian Federation. Rights and responsibilities of a pregnant woman at work. Light labor for pregnant women according to the Labor Code of the Russian Federation

Vulnerability of the expectant mother in modern society obvious, because the employer does not want to pay such ladies for restrictions in the performance of duties due to health reasons. Evasion of employment and attempts to force people to quit are not uncommon in private companies. Therefore, we suggest that pregnant women study their rights.

The Labor Code contains articles that provide for the period of gestation and childbirth. For women who are pregnant, government agencies and private firms are prohibited from refusing employment.

Article 64 of the Labor Code of the Russian Federation specifies positions regarding the rules for concluding a formal contract with an employer. Please note that the presence of young children is also not a reason to reject an application for the opportunity to work in the company. The main parameter in personnel selection is the business qualities of the future employee. In other words, the rights of pregnant women at work according to the labor code must be respected and refusal to accept a vacant position for this reason is not a legal basis.

Information! Refusal to employ a pregnant woman (despite the fact that the experience and qualities of a possible employee are identical to the requirements) entails penalties.

The Labor Code specifies certain benefits that pregnant women are entitled to during employment. What is written in them?

Art. 70 in the Labor Code of the Russian Federation guarantees the possibility. Therefore, the refusal by the HR department to submit an application for employment for a vacant vacancy is not justified. However, this fact does not mean that the organization will employ a person who does not have professional qualities, the required qualifications and experience.

Labor rights at work

The protection of the rights of the expectant mother is provided for in the Labor Code. This document indicates all possible benefits and concessions that the employer is obliged to implement. The following requirement is also stated: It is prohibited to fire a woman during pregnancy. This also applies to Art. 81 of the Labor Code of the Russian Federation, which spells out tolerances for breaking contractual relations due to constant violations labor regulations and absenteeism. Labor rights pregnant women are included in the Code of the same name.

Visiting a doctor during business hours

In a private company, the employer puts on a pose and unwittingly provokes a nervous breakdown in a pregnant employee. Every time it is incredibly difficult to ask for time off to see a midwife, to take tests or undergo a commission. Threats of dismissal and penalties are heard. However, this state of affairs is completely unacceptable. A pregnant girl warns in advance about the time and date of leaving/being late for work to visit a doctor and get advice. Neither the HR department nor the director has the right to prohibit such absences.

Need to know! In Art. 254 of the Labor Code states the following: all days of planned examination of the expectant mother are paid in full. You can prove the reality of visiting a doctor with a certificate from a dispensary, clinic or antenatal clinic.

Changes in working conditions

Working woman needs present a certificate from the attending physician about your situation after consultation. From this moment it begins new round in relations with the employer. In accordance with Art. 254 of the Labor Code of the Russian Federation are subject to changes:

  1. Transfer of an employee to “light work.” In other words, there is a decrease in production standards for a specific person (pregnant woman). As a result of such a reshuffle, the rights of pregnant women in light work are fully respected.
  2. Prohibition on a girl lifting weights in a position work time. Allowed Weight Limit at 2.5 kg.
  3. An employer cannot call an expectant mother to work on night shifts, holidays and on weekends.
  4. The HR department, by appropriate order, guarantees additional breaks during the employee’s work shift.
  5. It is prohibited for an employer to fire a pregnant woman early for any reason, as well as to refuse employment. However, there are options for implementing this action prescribed in the Code of the Russian Federation (for example, complete liquidation firms).
  6. A pregnant woman, by agreement with the HR department, has the right to reduce her working hours. This decision is mutual, formalized by the employee’s statement and the corresponding order.
  7. The employer guarantees that the employee will take maternity leave on time. Parental leave is also provided and paid.
  8. The director of the organization in which the pregnant woman works ensures the payment of monetary compensation (birth money) in connection with maternity leave and subsequent childbirth.
  9. The HR department is prohibited from issuing documents for a pregnant girl’s business trip.

Hygienic recommendations for the rational arrangement of a pregnant woman’s workplace

Despite the fact that working conditions have changed during the period of pregnancy, the employer requires implement new workplace in accordance with the law. In this situation, management is guided by the requirements of the “Hygienic Recommendations for the Rational Employment of Pregnant Women.” The document was released in 1993 and was developed by the State Committee for Sanitary and Epidemiological Surveillance of the Ministry of Health.

Regardless of the form of taxation or type of organization, the employee - the expectant mother - must submit a certificate of her change in status. SanPiN 2.2.0.555-96 talks about what a place for a future mother to work should be, defines rules and requirements.

New stationary workplace for a pregnant employee transferred to light work:

  1. Must allow changes in body position during work. This means that the chair must be swivel with the possibility of height adjustment. It must be equipped with a reclining backrest and a headrest. The “body” of the chair should include armrests (if they are absent) and a lumbar bolster. All requirements for a working chair for a pregnant girl are specified in GOST 21.889-76 “Man-Machine System”.
  2. For relax sedentary work For the expectant mother, the working surface of the table has a special recess in the tabletop. All corners are rounded and the top coat is matte. If possible, the employer provides the employee with a footrest. This device must also be adjustable in height and angle of inclination.

Information! The organization of a workplace for a pregnant girl includes equipment and hygienic conditions. In other words, the HR department officially sets smaller workloads (not only physical, but also neuro-emotional). This requirement indicated in the resolution of the Chief Sanitary Doctor, issued on April 23, 1999. — R 2.2.755-99.

Work responsibilities during pregnancy

According to the Labor Code, which specifies the rights and responsibilities of a woman during pregnancy, the conclusion follows: the rights of the expectant mother have expanded significantly. At the same time, the scope of work responsibilities remains in force in the current employment contract. To resolve this controversial issue, the girl provides a certificate on a specialized form from a doctor. In this situation, the company owners offer to switch to other working conditions (if necessary). In addition, the employer has a time slot to find a replacement for the pregnant woman.

Despite the obvious concessions for an employee in this position, duties must be fulfilled. These include:

  • comply with the statute adopted by the institution;
  • avoid missing work;
  • Don't be late for the start of your shift.

Information! An employer has no right to fire a pregnant woman. However, constant failure to meet deadlines and frequent absenteeism lead to guaranteed dismissal after childbirth.

Benefits upon dismissal

IN legislative framework our country It is prohibited to fire a pregnant woman. This is stated in Art. 81 TK. Taking such a step at the initiative of the employer, catching a woman violating the daily routine, finding fault with such an employee about poor performance of tasks, faces a serious fine. This action can only be performed in the following permitted cases:

  • carrying out the official liquidation of the institution/closing the individual entrepreneur;
  • the inability to replace the difficult specifics of work with easier conditions;
  • self-dismissal of a pregnant woman.

According to the law, there are no benefits for dismissal in the event of liquidation of the company. However, all employees are entitled to:

  • payment of wages for hours worked;
  • compensation for vacation that you did not have time to take off;
  • payment of unemployment benefits;
  • from the Social Insurance Fund or social protection fund;
  • The average salary is paid over the course of 2 months.

Hiring a new employee to replace a maternity leaver

It is quite natural that the vacant position must be filled. In this case, the official hiring of a temporary employee during maternity leave is carried out in accordance with the norms of current legislation. Often in such situations, replacement employees are recruited under a fixed-term employment contract. This is stated in Art. Labor Code No. 23.

Information! When filling a position, all privileges, bonuses, benefits and subsidies are retained, in accordance with the employment contract and the company's Charter. Admission to a vacant place is carried out in accordance with staffing table with the issuance of an order for employment on maternity leave. It is approved by the management of the institution indicating the salary amount.

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It is naive to hope that the employer will be happy to have a pregnant employee on staff, who will have to be transferred to light work and provide the required conditions for further work before going on maternity leave. The main thing in this situation is knowledge of the articles of the Labor Code for pregnant women and the ability to defend their rights.

Plenum Supreme Court The Russian Federation, in Resolution No. 1 of January 28, 2014, clarified a number of issues regulating the particularities 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 courts when considering labor disputes on similar topics. The clarifications of the Plenum of the Supreme Court of the Russian Federation will ensure uniform application of labor legislation by 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 filed a dismissal in a situation where, by law, termination of a contract with pregnant women is prohibited, then the subsequent request from the employee for reinstatement at work must be satisfied
Reason: Clause 25 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1

2. An employment contract, the end of which occurred during the employee’s pregnancy, generally needs to be extended until the end of the pregnancy. Moreover, in the event 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. The employment test is not imposed on 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 1.5 years of age without a mother.

If such employees were given a test, then termination of an 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 when concluding an employment contract

In Art. Art. 64 and 70 Labor Code guarantees provided to pregnant women when concluding an employment contract are stipulated. So, it is prohibited:
- refuse to hire a woman for reasons related to her pregnancy (Part 3 of Article 64 of the Labor Code of the Russian Federation);
- install probation when hiring pregnant women (Article 70 of the Labor Code of the Russian Federation).

Labor Relations

So, employment contract concluded with the employee. Let's consider what guarantees and benefits pregnant employees are entitled to within the framework of labor relations.

Part-time work

Pregnant women may be assigned a part-time work schedule.
In fact, work modes can be as follows:

  • part-time (shift). When an employee is assigned a part-time working day (shift), the number of hours of work per day (per shift) accepted for this category of workers is reduced;
  • part-time work week. When an employee is assigned a part-time working week, the number of working days is reduced compared to the working week established for this category of employees. At the same time, the length of the working day (shift) remains normal;
  • combination of part-time working hours. Labor legislation allows a combination of part-time work and 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 simultaneously reducing the number of working days per week.

Pregnant women can apply to the employer with a request to establish a part-time working day (shift) or a part-time working week both upon hiring and subsequently. The employer is obliged to satisfy such a request (Part 1 of Article 93 of the Labor Code of the Russian Federation). Part-time working hours can be established either without a time limit or 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 employment:

  • 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, based on a medical report and at their request, should have production standards and service standards reduced, or they should be transferred to another job that excludes exposure to adverse production factors (Part 1 of Article 254 of the Labor Code of the Russian Federation).

Guarantee of maintaining average earnings

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

  • period during which a pregnant woman performs more light work. This time is paid based on the employee’s average earnings in her previous job (Part 1 of Article 254 and Article 139 of the Labor Code of the Russian Federation);
  • the period during which an employee is released from work due to its harmful effects until she is granted suitable job. Working days missed as a result of this are paid based on the average earnings at the previous job (Part 2 of Article 254 of the Labor Code of the Russian Federation);
  • the period of her undergoing mandatory medical examination in a medical institution (Part 3 of Article 254 of the Labor Code of the Russian Federation).

Note. Is it necessary to confirm the completion of a medical examination? The Labor Code does not impose an obligation on a woman to provide the employer with any documents confirming the completion of a medical examination. Nevertheless, it is advisable to warn the employee in writing (referring to the norm of Part 3 of Article 254 of the Labor Code of the Russian Federation) about his absence from the workplace for this reason, so that it is not regarded as absenteeism and during this time the average earnings are maintained.

Providing maternity leave

Maternity leave - special kind vacation. 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). For calendar days of maternity leave, the employer assigns an appropriate benefit. The period a woman is on maternity leave is taken into account when calculating the length of service that gives 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 vacation for the first year of work arises for an employee after six months of continuous work with this employer (Part 2 of Article 122 of the Labor Code of the Russian Federation). However, for individual categories workers The Labor Code provides an exception to the general rule. Thus, regardless of the length of service with a given 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 provided:

  • women before or immediately after maternity leave 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 going on annual paid leave independently. As a rule, annual leave turns into maternity leave. In addition, it is prohibited to recall a pregnant employee from annual main and additional leave (Part 3 of Article 125 of the Labor Code of the Russian Federation) and to replace these leaves or parts thereof monetary compensation(Part 3 of Article 126 of the Labor Code of the Russian Federation);
  • to the 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, annual paid leave for this category of persons is provided at a time convenient for them, regardless of the vacation schedule. The minimum duration of 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 (except in 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 the employment relationship with a pregnant employee. For example, if a pregnant employee works under a fixed-term employment contract.

Dismissal is not permitted if...

During the period of validity of a fixed-term employment contract, a pregnant employee will write an application to extend the term of the employment contract until the end of pregnancy and submit a corresponding medical certificate; the employer is obliged to satisfy the woman’s request (Part 2 of Article 261 of the Labor Code of the Russian Federation). In this case, the employee, at the request of the employer, must provide a medical certificate confirming pregnancy, but not more than once every three months. A change in the terms 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 pregnancy) does not matter for extending the validity 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 the employer learned or should have learned 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).

Maternity leave and benefits. During the period of validity of the employment contract, a pregnant employee can take maternity leave. In this case, the corresponding benefit must be paid to her 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 duties of the 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 Labor Code of the Russian Federation:

  • not only the job or vacant position that corresponds to her qualifications, but also a lower position or lower paid job;
  • all available vacancies that meet health requirements;
  • vacancies and jobs available to the employer in the area. Vacancies and work available in other localities must be offered where applicable collective agreement, agreements or employment contracts.

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

It's no secret that early stage During pregnancy, a woman experiences strong emotional changes. She often experiences mental discomfort when thinking about how to voice the news about an event to management and work colleagues, how to adjust to upcoming changes in her career, the financial component in terms of income and expenses. And if a woman is looking for a job, is it worth talking about pregnancy during interviews and can this fact influence decision making? We will try to answer these and other questions in this article.

Labor law in relation to women in “position”

How it protects labor legislation rights of pregnant women at work? In Russia, the provisions of labor law in relation to women who need increased legal and social protection, aimed at promoting a smooth course of pregnancy and childbirth, they dispel their painful doubts about work, providing guarantees and privileges in relations with the employer. Benefits provided to pregnant women at work are regulated by a number of articles of the Russian Labor Code. In particular, these are articles 64, 70, 93, 96, 99, 122-123, 125-126, 254-255, 259-261, 298, etc.

Workplace for a pregnant woman: nuances

A ventilated room, calm, soft lighting, including natural lighting, an optimal microclimate (air temperature, relative humidity), no differences barometric pressure- these are just some of the basic conditions necessary for the expectant mother at her workplace for a smooth pregnancy. This should also include the lack of nearby innovative technical equipment, modern copying, duplicating office equipment, PC.

According to clause 13 of SanPiN 2.2.2/2.4.1340-03, working at a computer is contraindicated for a pregnant woman. If you cannot give up the computer in an office environment, then you should reduce the time spent in front of it to three hours per shift.

Is part-time work possible?

Labor law, if indicated and by agreement with the employer, provides a woman with the opportunity to carry out her official duties not for a whole working day (week), but for a shortened one. In this case, the work of pregnant women will be paid for the time actually worked or the amount of work performed. A reduction in working hours should not in any way affect vacation time, length of service, or insurance coverage.

How to behave at work if you need to visit doctors frequently?

The rights of pregnant women at work are protected even if they need to visit doctors during working hours. The norm of the law states that if a medical examination is necessary, which is mandatory and includes visits to doctors and laboratory diagnostic tests, a woman, if she has an appropriate certificate of pregnancy, should be given time to visit the antenatal clinic and accrued average salary. The employer does not have the right to oblige a pregnant woman to work, as well as to deduct the time of her absence from her salary in monetary terms.

Harmful production factors

The Labor Code of the Russian Federation states that in the presence of negative production factors, harmful and dangerous working conditions for the well-being of the woman and the health of the unborn baby, based on the conclusion of doctors, a pregnant woman has the right to send an application to the employer with a request to consider the possibility of reducing production and service standards or transferring her to new job, so-called light work. If appears lower paid position, the resulting difference in salaries for women must be compensated. If it is necessary to wait for a position corresponding to her position, the employer must protect the pregnant woman from harmful factors while maintaining and paying her the average salary for all days of forced downtime.

Adopted by the State Committee for Sanitary and Epidemiological Supervision and the Ministry of Health of Russia in 1993, “Hygienic recommendations for the rational employment of pregnant women” define a list of dangerous women's health working conditions. Among them: noise, air that does not meet the standards of dryness and humidity, contact with chemicals, toxins, aerosols, ionizing radiation, heavy lifting, long work, for example, in a sitting position, etc.

Also, shifts, business trips, overtime, piecework, assembly line work, work at night, on weekends and holidays are contraindicated for pregnant women.

Guarantees regarding taking annual paid leave

The labor rights of a pregnant woman are also protected in terms of rest. Thus, the employer’s representative is prohibited from recalling a pregnant woman from vacation, even if there are good reasons for doing so. The right to rest for a pregnant woman cannot be compensated in monetary terms. If there is part of the leave, the expectant mother has the right to use it before she goes on maternity leave, regardless of the existing vacation schedule, and also if she has worked at the new place of work for less than six months.

Leave may be granted regardless of length of service in this job immediately upon completion of maternity leave or parental leave. It may also be important for both parents that during the period the spouse is on maternity leave, the spouse has the right to apply for another paid leave, even if he works for less than six months.

Maternity leave

The rights of pregnant women at work are also protected in terms of providing days of rest before and after childbirth. All pregnant women are sent on maternity leave. It is 140 for normal obstetrics, 156 for complicated obstetrics, and 194 for mothers of twins or triplets. calendar days. May be a direct continuation of annual paid leave without going to work. Subject to 100% prepayment in the form of social benefits, regardless of length of service. Further, the woman has the right to receive leave to care for the baby.

The issue of dismissal from work should be considered quite sensitive and “sick” for a pregnant woman. The Labor Code of the Russian Federation firmly guards the interests of the future woman in labor. In accordance with the labor guarantee, the employer does not have a direct opportunity to terminate either a fixed-term or an open-ended employment contract with a pregnant woman. For a woman on maternity leave, in mandatory the workplace is retained with the calculation of labor and insurance experience.

The relationship between an employee and an employer under an open-ended employment contract causes less concern and is less painful. But the dismissal of a pregnant woman whose pregnancy ends fixed-term contract, at the initiative of the employer’s representative also cannot take place. The employer must extend the contract until the end of the pregnancy if there is a corresponding application and an official medical certificate, which serves as confirmation of the “interesting position”. The employer can request this certificate every three months. If the end of pregnancy is confirmed, the contract is subject to termination within a week.

In general, the presence of a pregnancy certificate can play a decisive role in permission conflict situation. And if a pregnant woman assumes that there may be dissatisfaction with her at work, it is better in advance, as soon as she registers for maternity leave at a medical institution, to submit it to the personnel department for registration and receive a copy of the document with an acceptance mark.

When asked whether a pregnant woman can be fired for failure to fulfill job responsibilities, the answer is also clear: “No!” The penalty may be deprivation of bonuses and allowances, but not dismissal. Article 261 of labor law on the prohibition of dismissal of pregnant women is of paramount importance compared to Article 81. In the case of mass or seasonal dismissal of workers, it is also impossible to lay off a pregnant woman! However, a pregnant woman has the right to write a letter of resignation on her own initiative.

Exceptions to the rules

The law allows you to fire a pregnant woman in the event of liquidation of an enterprise or closure of an individual entrepreneur. The second point is the completion of a fixed-term employment contract in cases of replacing an absent employee, for example, one on maternity leave. In this situation, the employer must offer the woman other vacancies, including lower paid ones, in another area that meet her qualifications and health. A pregnant woman may be fired if she refuses the options offered.

Rights of the expectant mother when applying for a job

What to do in situations when a woman, while looking for work, finds out about pregnancy? Based on the Labor Code of the Russian Federation, pregnant women have the full right to find a new job. In compliance with all qualification requirements An employer's representative cannot refuse to hire a pregnant woman. A negative decision by the employer will be valid only in cases of non-compliance with the requirements or the presence of restrictions for job candidates. In cases of employment, no one has the right to ask a woman for certificates from doctors or receipts confirming the absence of pregnancy.

There is one more subtle point: when applying for a job, the concept of “probationary period” is unacceptable for pregnant women, in other words, it cannot be established! If the employer was not aware of the pregnancy and hired the woman for a probationary period, then he will not be able to fire her, even if the probationary period has not been completed.

If a pregnant woman does not have registration at her place of residence (stay) in the city (town) where the organization is located, this fact also cannot be a consequence of refusal of employment. The requirement of the employer’s representative to renew registration is also unlawful.

The rights of a pregnant woman are violated. What to do?

If a pregnant woman is faced with a violation of labor legislation, and the existing conflict has not been resolved peacefully, she has the right to contact the labor inspectorate or the courts, providing the necessary package of documents confirming the fact of the violation. In particular, the rights of pregnant women at work in terms of dismissal or refusal of employment are protected by the Russian Criminal Code.

As a result of court proceedings, the employer's decision may be declared illegal, he will be forced to pay a fine, compulsory work, and the woman will be restored to her rights.

Each modern woman must know the rights of pregnant women at work. Often they are grossly and seriously violated. And a woman in a position does not always know that she is being discriminated against to one degree or another. Therefore, next we will consider all the features of the Labor Code of the Russian Federation applicable to pregnant women. What does a woman have the right to? What about the employer? How to fire a woman correctly? When will this action be considered legal? The answers to all this and more are provided by modern labor legislation.

Restrictions on areas of work

Today, women work equally with men. Nobody forbids them to build a career. However, you can’t work in all areas of activity. The rights of pregnant women at work under the Labor Code are associated with the rights of women. What is it about?

The point is that women with children (or caring for a sick relative) cannot work:

  • at hard work;
  • in places with hazardous working conditions;
  • in underground work;
  • at night time.

Labor protection for pregnant women in Russia provides guarantees to the “weak” half of society that they will be able to work normally before maternity leave. If an employee is attracted to the listed areas of employment, you can complain to the labor inspectorate and refuse the offered job.

Overtime work

Quite often, companies engage in overwork. In some cases, workers are sent on business trips. This practice is becoming more and more common.

According to current legislation, pregnant women cannot be involved in overtime work or sent on business trips. Calling them to work on weekends and holidays is prohibited. All such operations can be carried out only with the desire of the woman. The will must be recorded in a written statement of consent.

Easy work

Not everyone knows the rights of pregnant women at work. But remembering what is guaranteed to a pregnant woman or with a small child is easy.

During pregnancy and until the newborn is one and a half years old, the mother may request a transfer to easier working conditions. For example, according to medical indications.

The employer cannot deny this right. He must find a suitable vacancy for the employee.

Until a pregnant woman has found an appropriate place of work, she has the right not to go to work. It is prohibited to stop such an act. It does not count as absenteeism.

Important: downtime caused by the employer must be paid. The average salary of the employee will be taken into account.

Maternity leave and work

They try to respect the rights of pregnant women at work according to the Labor Code. There are points that employers are silent about. But everyone knows about such a phenomenon as maternity leave.

An employee expecting a new addition to the family can demand an “interesting” position from the 30th week maternity leave. It's called "pregnancy and childbirth."

The duration of such rest from work depends on the course of pregnancy and delivery. You can roughly count on:

  • 70 days before birth and 70 after - normal pregnancy;
  • 84 days before birth and 110 after it - multiple pregnancy;
  • 86 days after birth - complicated pregnancy.

In the latter case, maternity leave before delivery will be offered depending on the situation. The vacation will be either 70 or 84 days.

A woman can refuse maternity leave before acquiring the status of a mother. This practice occurs in modern Russia not so rare. Days worked during pregnancy are not added to the period after childbirth.

Important: maternity leave in the Russian Federation is paid. Payments depend on size wages, which on average a woman in labor received in the company. In Russia, minimums and maximums for maternity compensation have been established.

Vacation before childbirth

We got acquainted with the working conditions for pregnant women according to the Labor Code. What else does the expectant mother need to remember?

A woman may request additional leave before, after, or after the period of caring for the baby. It is provided upon request of the employee. Does not depend on the time of cooperation with the applicant. Similar right stated in Article 166 of the Labor Code of the Russian Federation.

Baby care

According to the Labor Code of the Russian Federation, the work of pregnant women is seriously protected. And the presence of a woman in position in a company causes a lot of trouble for the employer. Especially if a woman decides not to quit before becoming a mother.

Every employed mother has the right to leave to care for a child up to 3 years old. After this, you will either have to join the company or quit. There is no way to extend the period of rest from work. Only if you have a child again.

The following are entitled to maternity leave:

The main thing is to remember that only one person can exercise the right to rest from work. If the woman has already requested it, the father will lose this opportunity. IN real life Most often, it is women who care for newborn babies.

Time spent caring for a newborn is paid. As a rule, an employee will receive 40% of his average earnings in the company for 2 years of employment.

Breastfeeding and work

Sometimes it happens that a woman gives birth and goes out to build a career again. Rights of pregnant women at work include additional time for breastfeeding. As a rule, this “bonus” is offered to all new mothers, and not to those who are just preparing for childbirth.

By law, a woman must be given additional paid time for breastfeeding no less than once every 3 hours. For one child, at least 30 minutes are allocated, for 2 or more - at least an hour.

This kind of right is reserved for the woman until the children reach one and a half years old. After this you will have to give up breastfeeding. In any case, the employer may not allow the woman to leave work additionally to feed her children.

Medical examinations

The rights of pregnant women at work under the Labor Code provide for the resolution of conflicts that arise between a woman and an employer.

What to do if a woman needs to undergo medical checkup or go to antenatal clinic during pregnancy? The employer is obliged to let her go. If management prohibits visiting a doctor, a woman can leave work on her own. Only in the end she will have to attach evidence of a visit to a specialist. Otherwise, such an act will be regarded as truancy.

If a subordinate undergoes an annual medical examination, she must not only be released from work, but also paid for the day of absence based on average earnings.

About earnings

Many people are interested in how wages are paid to pregnant women in light work. Will they pay less? Or can a woman count on maintaining her salary?

According to the Labor Code of the Russian Federation, when a woman is transferred to easier working conditions due to medical indications for pregnancy, her earnings must be maintained. Only the average salary of the employee is taken into account.

Accordingly, the employer cannot transfer the girl to other working conditions and thereby reduce her payments. This is a direct violation of current labor laws. The employee has the right to contact the labor inspectorate with a corresponding complaint.

Widespread use of female labor

The working hours of a pregnant woman are already known. It must comply with the established schedule and medical indications. Overtime work is prohibited.

In Russia, more and more often there are companies that widely use female labor. By law, such companies must organize special feeding rooms, nurseries and gardens.

The employer also needs to provide personal hygiene rooms for female employees. The relevant rules are specified in Article 172 of the Labor Code of the Russian Federation.

Reduction

Can a pregnant woman be fired from her job? How about shortening it?

First, let's look at abbreviations. This is not the most common type of employment termination, but it does occur.

They cannot make a pregnant woman redundant. If the position in which she works is eliminated, the employer will have to find another place for the subordinate. It is not necessary to save your earnings.

If a girl refuses offers due to layoffs, her dismissal is permitted. But such an act will not be associated with the reduction.

Dismissal of a woman

Can a pregnant woman be fired from her job? What does labor law say regarding this issue?

Termination of an employment contract with a pregnant woman is permitted, but only under certain circumstances. The initiator of the process must be the person being dismissed. Terminate at the employer's request labor Relations will not work.

In other words, they cannot fire a woman in this position. This is possible if:

  • the employee herself wanted to leave;
  • the parties entered into a severance agreement;
  • the girl refused the vacancies that were offered to her during the layoff;
  • the woman decided not to move to another place of work along with the employer and the company as a whole.

It follows that you can’t just get rid of a pregnant woman. Moreover, “under the article” a woman waiting for a new addition to the family cannot be fired under any circumstances.

At the same time, inducing a woman to resign is also prohibited. Unfortunately, this practice occurs in Russia.

Closing a company

According to the Labor Code, working conditions for pregnant women must correspond to the health status of the subordinate. Otherwise, she has the right not to go to work. Especially if the expectant mother first wrote an application for transfer to easier working conditions.

What happens if the company goes into liquidation or closure? entrepreneurial activity? Perhaps this is the only reason for the dismissal of an employee in a position at the initiative of the employer.

The employee is notified in writing about the event in advance (2 months or more in advance), and then the corresponding operation is carried out. Such dismissal is not a violation. And there is no way to be reinstated under such circumstances. The company or individual entrepreneur will simply cease to exist.

Fixed-term employment contract

If a girl who is preparing to become a mother was hired under a fixed-term employment contract or as a person who replaces an employee who has already gone on vacation/maternity leave, dismissal can be carried out.

In the second case, everything is simple - the old employee returns to the company, and the pregnant woman is fired or offered a new position in the company. What to do with a regular fixed-term cooperation agreement?

A woman can write an application to extend the contract before giving birth. If this does not happen, the boss can remove the employee from work according to the law.

Dismissal procedure

How does a pregnant woman apply for transfer to light work? Exactly the same as a request for dismissal. You need to write an application and submit it to the HR department. The employer will issue a transfer order. After this you can start working.

A more serious matter is dismissal. Therefore, let's look at it in more detail.

If a pregnant woman wants to quit, she needs:

  1. Write a letter of resignation if desired.
  2. Submit a request to the HR department.
  3. Wait for the application to be signed.
  4. Work for 2 weeks.
  5. Read the dismissal order.
  6. Collect documents from the employer - pay slip with money for time worked, employment certificate of income.
  7. Sign that the documentation has been delivered to the employee.

That's all. Now the woman will be fired without violating the laws. Termination of a contract at the initiative of the employer is extremely rare. Therefore, we will skip this option.

Important: when writing an application for transfer to light work, the employer must be notified of pregnancy. This can be done by attaching a certificate from the LCD.

Loopholes in legislation

The rights of pregnant women at work may not always be respected. Sometimes an employer can quite legally fire expectant mother or send her on a business trip/inappropriate working conditions. When?

Then, when the “interesting” position of the employee is known only to her. If the employer does not notify the employer about pregnancy, the woman loses all of the listed rights and guarantees. This means she could be fired or laid off.

The only thing the employer needs is to prove his ignorance. In the early stages of a subordinate's pregnancy, such a task does not cause any trouble.

From all of the above, it follows that a certificate from a gynecologist about pregnancy should be taken to the employer as soon as possible. Otherwise, no one will be able to guarantee respect for women’s rights at work.

News feeds are often full of headlines reporting the dismissal of a pregnant woman or the refusal of an unscrupulous employer to pay maternity benefits to his employee. In addition, it is no secret that sometimes company directors create unbearable working conditions for their employees as soon as they find out about their pregnancy. All these cases of total non-compliance with labor laws are not so rare. That is why it is very important that long before pregnancy women learn about their rights during this period and are able to protect themselves.

What are the labor rights of a pregnant woman?

Labor rights of a pregnant woman when applying for a job

If it so happens that during pregnancy you decide for some reason to get a job. This reason could be that you quit your job. previous work, and a few days later they found out about pregnancy or the decision to work before maternity leave in order to receive benefits - it doesn’t matter. In any case, according to Article 64 of the Labor Code of the Russian Federation:

The sanction for non-compliance with this point of labor legislation is prescribed in Article 145 of the Criminal Code of the Russian Federation:

“An unjustified refusal to hire or unjustified dismissal of a woman on the grounds of her pregnancy, as well as an unjustified refusal to hire or unjustified dismissal from work of a woman who has children under three years of age, for these reasons, is punishable by a fine of up to two hundred thousand. rubles or in the amount of wages or other income of the convicted person for a period of up to eighteen months or by compulsory work for a period of up to three hundred and sixty hours.”

Thus, the labor rights of pregnant women when hiring are that the employer is obliged to make a decision on hiring a pregnant woman only on the basis of an analysis of her professional characteristics and business qualities. Although, in practice, of course, unscrupulous employers have learned to masterfully circumvent this provision of the law and refuse to hire for any other reasons, often frankly far-fetched. In this case, you have 2 ways out of this situation. The first is to prove your suitability for the position held through the court, the second is to agree with the employer on a fixed-term contract. True, if you work under a fixed-term contract, you will not be able to count on maternity payments, but you will earn extra money before maternity leave.

By the way, if you doubt the integrity of your prospective employer, the labor rights of a pregnant woman give you the legal opportunity not to inform the employer about your pregnancy. And the employer, for its part, does not have the right to demand certificates from a gynecologist regarding the presence of pregnancy and receipts stating that you are not going to go on maternity leave in the near future.

The labor rights of pregnant women contain another important norm: according to Article 70 of the Labor Code of the Russian Federation,

“A hiring test is not established for: persons selected through a competition to fill the relevant position, conducted in the manner established by labor legislation and other regulations legal acts, containing labor law norms; pregnant women and women with children under the age of one and a half years...".

In addition, the employer does not have the right to dismiss a pregnant woman due to the end of her probationary period if she has not demonstrated the abilities required for her job. But if you exercised your right and did not inform the employer about your pregnancy, agree to a probationary period, but some time before its end, tell the employer about your pregnancy. In this case, you will under no circumstances be fired, even if you fail the test.

Pregnancy and work: working conditions

If you are expecting a child, labor legislation provides some benefits for you. For example, according to Article 254 of the Labor Code of the Russian Federation:

“Pregnant women, in accordance with a medical report and at their request, have production standards and service standards reduced, or these women are transferred to another job that eliminates the impact of adverse production factors, while maintaining the average earnings for their previous job.

Until a pregnant woman is provided with another job that excludes exposure to unfavorable production factors, she is subject to release from work with preservation of average earnings for all working days missed as a result at the expense of the employer.”

Besides, “When pregnant women undergo a mandatory medical examination in medical institutions, they retain the average salary at their place of work.”

Labor rights of a pregnant woman include a ban on certain types of work for pregnant women:

Lifting and carrying weights of more than 5 kg, in some cases - more than 10 kg,

Work involving constant standing, bending, stretching, work on stairs,

Piecework and/or conveyor work,

Night shifts (from 10 p.m. to 6 a.m.) or work on weekends and holidays, as well as overtime work and business trips,

Work involving contact with poisons, radioactive and infectious substances,

Work for vehicles related to travel (controller, flight attendant, conductor, driver),

Work related to certain types of activities (for example, you are a cook, but during pregnancy you began to feel sick from the smell of food).

In order to exercise your right to transfer to an easier job, you must bring your employer a certificate from a doctor requesting that you be released from work. unfavorable conditions labor and write an application requesting a transfer. IN work book This transfer does not fit in as it is temporary.

If the employer cannot offer you easier work or work that excludes unfavorable factors- he is obliged to completely release you from work, while maintaining your average earnings until a place for you is found.

If you feel that working full time is difficult for you, labor rights for pregnant women include the opportunity for the expectant mother to work part-time. This is stated in Article 93 of the Labor Code of the Russian Federation:

“By agreement between the employee and the employer, a part-time working day (shift) or a part-time working week can be established both upon hiring and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as a person caring for a sick family member in accordance with a medical certificate issued in in the manner established federal laws and other regulatory legal acts of the Russian Federation."

Part-time working hours are counted towards insurance and length of service without any adjustments. True, you will not receive an average salary, but depending on the number of hours worked or the volume of work performed.

The labor rights of a pregnant woman contain requirements for the place of work of the expectant mother:

Absence of copying and duplicating equipment near the place of work and a ban on working with it,

Working with computers and electronics for no more than 3 hours per shift,

Non-basement type premises with good lighting, ventilation and normal temperature and humidity.

The labor rights of a pregnant woman allow the expectant mother to take time off to go home if she is feeling unwell, to freely ask to see a doctor, and also to take her required annual leave with 100% pay. By the way, the labor rights of pregnant women prohibit recalling a pregnant woman from vacation for any reason. And, of course, the employer is obliged to fully pay his employee for maternity leave, regardless of her length of service, maintaining a place for the young mother throughout the entire leave. You can exercise your rights with the help of a written application addressed to the manager with a request to provide you with this or that benefit or with a refusal to perform this or that work with reference to the rule of law. If at least some of your rights are not respected, this may be sufficient grounds for legal proceedings.

Labor rights of a pregnant woman upon dismissal

According to Article 261 of the Labor Code of the Russian Federation:

“Termination of an employment contract at the initiative of an employer with pregnant women is not allowed, except in cases of liquidation of the organization or termination of activities by an individual entrepreneur.”

Another reason for dismissing a pregnant woman is a miscarriage or termination of her pregnancy, that is, the situation when she ceases to be pregnant. If the pregnancy ends with the birth of a child, the employer has no right to fire the woman immediately. At least 4 months must pass from the birth of the child to the moment of dismissal.

If a fixed-term employment contract was previously concluded with a pregnant woman, the employer is obliged to extend its validity until the end of her pregnancy. To do this, the expectant mother needs to write a statement requesting this and attach a medical certificate to it. In addition, it is necessary to provide a certificate of pregnancy every 3 months until its end. According to Article 261 of the Labor Code of the Russian Federation:

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

After your birth, the employer can either fire you due to the expiration of a fixed-term contract, or conclude with you open-ended contract according to your application.

If a fixed-term contract was concluded for the duration of the duties of an absent employee and at the time of its termination the employer does not have the opportunity to transfer the pregnant woman to another position that corresponds to her qualifications and state of health, the dismissal of the pregnant woman is possible. True, at the same time “The employer is obliged to offer her all the vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.”

If a woman does not agree to any of the offered vacancies, she is quietly fired.


The labor rights of a pregnant woman provide for only one unhindered reason for the dismissal of a pregnant woman - dismissal on her own initiative. True, dishonest employers often force a woman to write a statement “for at will" But you should not succumb to this pressure, because if you do not agree to write a statement, as you can see, the employer has practically no other legal ways to fire you. After all, even absenteeism gross violations, failure labor responsibilities etc. cannot be the reason for the dismissal of a pregnant woman at the initiative of the employer. Although, of course, you shouldn’t test your boss’s patience and rejoice in your impunity... This is, to say the least, ugly!

As you can see, the labor rights of pregnant women are protected expectant mother from all sides. But it happens that the employer does everything to not respect the labor rights of pregnant women. In this case, try, as long as possible, to resolve everything peacefully - write statements addressed to the manager, talk with your superiors. If all is unsuccessful, contact the labor safety inspectorate with a complaint and attached medical certificates. The labor rights of pregnant women must be respected - and it is worth fighting for!