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Working conditions for pregnant women, labor code. Is part-time work possible? Rights of pregnant women at work - rights and responsibilities of a pregnant woman at work

Provisions that guarantee the work of pregnant women are enshrined in the Labor Code of the Russian Federation. This law provides for a number of rules establishing special working conditions for these categories of employees. Female workers have the right to maternity and child care leave, benefits and social benefits.

At the same time, in specified period they receive the right to a reduction in total labor time. This means that pregnant women may work shorter hours than all other categories of workers. However, similar rules apply to employees who are under 18 years of age or who have a disability.

Standard working hours for pregnant women

The Labor Code of Russia establishes same time work for all categories of employees. Standard Rule defines it as 40 hours a week. Such a time exists for government and budget employees. However, this time may be reduced for a pregnant employee. Specified The abbreviation has some features that should be specified in more detail:

The law does not establish a specific limitation on time reduction for such employees. Therefore, the reduction is determined by the employer in agreement with the employee. This is a general compromise solution that should not infringe on the interests of the employer and employee;
This is an employee's right. Therefore, the employer or organization cannot restrict it. The employer is obliged to provide a reduction in time at the request of the employee;
The employer cannot establish a reduction in time on its own initiative. This is the same restriction as the refusal of an employee to satisfy her application. Reduction is possible only if there is her application and not otherwise;
The only basis for reducing the working hours of a pregnant employee is the very fact of her condition, certified by a doctor’s certificate.

Thus, reducing the length of a working day or shift is an unconditional right of the employee and cannot be limited by the organization.

Working hours for a pregnant woman - Labor Code of the Russian Federation

Working hours for pregnant women are set in the same way as for all other workers. Its reduction is possible only at the request of the employee. It becomes the basis for the employer to limit the length of the working day.

In this case, the period does not matter. The medical condition of her health also does not matter. Therefore, the law does not link the reduction in the length of the working day to these concepts. The key and only basis is medical fact. Nothing more is required.

Working hours for pregnant women

As stated above, the law does not establish specific restrictions. It fixes only their types:

Reducing the duration of a work shift. At the same time, the work week remains the same;
Decrease working days while maintaining the same shift duration.

The choice of one option or another depends on the employee and the characteristics of her professional functions.

A pregnant woman visiting a doctor during working hours

The question is whether an employer is obliged to allow a pregnant woman to see a doctor in working hours, is very relevant, because visits to the doctor and hospital are required regularly. And often it is simply impossible to postpone them.

The law requires employers to allow women to see a doctor or hospital. At the same time, they must provide supporting documents. That is, A visit to a doctor or hospital must be supported by appropriate medical certificates.

Application of a pregnant woman to reduce working hours

Such a statement is mandatory for execution in any organization, regardless of its organizational and legal form. At the same time, you need to understand that a reduction in working time will inevitably entail a reduction wages Therefore, you should use this right with caution.

Practice shows that employers reduce the working day by 1 hour. As a rule, this suits both parties. The woman receives additional time with a slight loss in wages. She has such a right from the moment the pregnancy status is medically determined. In order to exercise the right, you must apply to management.

It is difficult to find an employer who is happy to hire a woman in a pregnant position, but expectant mothers also face numerous problems with what they already have. The thought of announcing a pregnancy at work makes you fear for your 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 reasons for worry, 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 this moment on, the excellent employee in their eyes turns from a competent person into a burden with which they will have to tinker too much. Such an attitude is unacceptable and, according to the law, must 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 protected almost better than the rights of other vulnerable groups.

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

The chance of success in court will increase if you managed to obtain a reasoned written confirmation of the refusal, but employers are becoming more cunning and are in no hurry to clearly state the reasons why they are refusing to hire.

“Lack of 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 place is already taken.”

However, she herself A woman is not legally required to disclose that she is pregnant. If the employer did not know about the interesting situation of his new employee, and is now extremely dissatisfied with the new circumstances that have emerged, he has no way to bring the woman to justice.

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

A certificate from antenatal clinic or a public clinic.

The document should be registered with the HR department and confirmation that the certificate was completed properly, i.e. she was assigned the corresponding number. Don't forget to make a copy of the certificate and keep it for yourself.

Special working conditions for expectant mothers

It is illegal to set a probationary period for new employees if they are pregnant. Particular attention should be paid to this when concluding 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 unfavorable conditions from the point of view of the Sanitary and Epidemiological Service: under the influence of ionizing radiation, in large noise pollution or in abnormal air humidity.
The weight of things lifted by an employee should not exceed 1.25 kg (constantly) and 2.5 kg (periodically).
There should be no need to stand or sit for long periods of time.
Work involving 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 prohibited to hire pregnant women for rotational work.

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

Transfer to another job

On the recommendation of a doctor and the employee’s own application, her production 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 intermediate level salary at her previous workplace even if the new position involves less earnings.

If appropriate working conditions are provided without exposure to the pregnant woman negative factors is not immediately possible, the employee is relieved of her duties while maintaining the average wage until the necessary conditions are available.

If a woman has a child under 1.5 years old and is unable to fulfill her previous duties, then she is supposed to be transferred to a job more suitable to her current capabilities, while maintaining the same salary (in the average version). These conditions persist until the child reaches the age of 1.5 years.

Maternity leave

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

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

Urgently recalling a pregnant woman from vacation is illegal. This restriction does not even remove the employee’s own consent.

Is it possible to involve a pregnant woman in additional work?

During pregnancy, an employee cannot:

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 gave consent. The employee must confirm in writing that she was aware that she could refuse these conditions.

Is it possible to fire a pregnant woman?

If you are wondering whether they have the right to fire a pregnant woman from work, then the answer will be clear. No, even if she starts skipping work without good reasons and warnings, as well as violate the company’s internal regulations.

The maximum impact in this case is a reprimand. It is also illegal to lay off an expectant mother.

However, termination labor relations with a pregnant employee it is sometimes possible.

Such cases include:

termination of the activities of the individual entrepreneur,
liquidation of the enterprise,
dismissal by agreement of the parties,
voluntary dismissal.

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

The contract will be extended until the end of 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 require a monthly certificate from the employee confirming the presence of pregnancy. Visual confirmation, characteristic of late pregnancy, in in this case not enough.

If a 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 has an obligation to offer to the expectant mother all suitable vacancies. If the expectant mother is not satisfied with the position presented for transfer, then the management has the right to fire her.

How to protect the labor rights of an expectant mother in 2019?

There were no significant changes in labor guarantees for expectant mothers in 2019. There is no further trend towards reducing or increasing these guarantees. No new ways to protect rights have appeared.

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

Asking for help from a trade union, if you have one.
Submitting an application to the labor dispute commission.
Contacting the labor inspectorate
Finding the truth in court. You should contact the district court.

The more documents confirming the violation of your rights you collect, the higher the chances of success in court or government agencies. Even if there is no sign of an unpleasant incident at work, try to collect all the necessary and required documents or copies thereof.

There are organizations that help women protect their rights free of charge, but there is no need to rush to file a lawsuit. At the first stage it is always better to try to resolve the issue peacefully, arguing their position on the basis of existing guarantees enshrined in the law.

Sue and get into trouble with government agencies no one likes, so there is a high probability 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.

Not all representatives of the fair sex know what this entails. labor code for pregnant workers, and what benefits they can expect. However, this information can significantly help a woman carrying a child, because now she is responsible not only for herself, but also for the unborn baby.

For an employer, an employee's pregnancy always brings a lot of trouble. This is due to the fact that expectant mothers are entitled to various benefits and special working conditions. Even the work schedule of an employee in this position may differ from usual if there are compelling reasons for this, for example, medical indications.

Once pregnancy is established, a woman can legally receive certain benefits. Exactly what conditions are required for the expectant mother depends on her state of health and the place of work where the fair sex worked before becoming pregnant. It is very important for the employer to comply with all the conditions provided for by Russian legislation. Otherwise, a similar situation may threaten responsible persons serious administrative and even criminal liability.

In order to avoid conflict situations during the work process, each party must know what is required to be done in such cases by law. Even with a normal pregnancy, changes in the schedule are still possible. In addition, the expectant mother should be offered certain benefits that will help make the work process easier.

IN Russian legislation A number of special standards have been introduced to help regulate the work activities of pregnant employees. Despite the fact that some employers are hostile to this, such laws were adopted not to complicate their lives, but to preserve the health of the woman and the unborn child.

The main document that should be relied upon in this case is the Labor Code. Here is a whole list of norms, laws and regulations that will allow you to establish correct mode work for an employee in position. Moreover, all laws apply to all employers and employees, regardless of the type of enterprise and their location. For some representatives of the fair sex there are also special benefits. They concern primarily those who work in hazardous enterprises, work with frequent business trips and night shifts.

Special laws also apply to those representatives of the fair sex who work in municipalities and on public service. Future military mothers can also expect special privileges. For these cases, special legislation is provided, but sometimes provisions from the Labor Code are also used.

Rights and guarantees for employees in position

Expectant mothers who are officially employed have the opportunity to receive certain benefits:

First of all, it should be noted that the employer does not have the right not to hire an employee for a suitable position who is in a position solely because of her condition.
The second important right for a woman during pregnancy is the opportunity to receive maternity leave. At this time, the company must pay the employee a certain financial assistance in the amount established by Russian legislation.
For an expectant mother who is officially employed, there is a law that prohibits her dismissal. This also applies to the period of maternity leave. There can only be two options here. A woman in this position may be removed from her position due to a very serious violation of the work schedule or due to the liquidation of the enterprise.
A woman in this position has the right to take paid leave at a time that is convenient for her. That is, she does not necessarily have to follow the sequence according to the schedule. At the same time, one should not forget about the employer’s obligation to send her on maternity leave at the 30th week of an employee’s pregnancy. The only exception can be a woman’s personal desire to continue working until childbirth.
Separately, it is necessary to say about the work schedule of pregnant women according to the labor code. For employees in this position, it can be significantly changed. Moreover, in some cases, a reduction in working hours is provided for at the same salary. The opportunity to obtain a position with fewer responsibilities or with more favorable environmental conditions is also a privilege for a pregnant woman.

Features of the work schedule for employees in this position

For representatives of the fair sex who are expecting a child, part-time work is one of the possible, but not mandatory, privileges. A woman can set a reduced work schedule on her own initiative. At the same time, she will receive a salary that corresponds to the amount of time worked. If the expectant mother does not want to lose her income, she can refuse a reduced work schedule. The employer does not have the right to force a different regime.

In this case, the woman must assess all possible risks for the baby. If there is a high probability that a regular working day will negatively affect the condition of the unborn child, you should exercise your right to fewer hours per week. Rest and peace of mind are very important for pregnant women, and money should not be a deciding factor here.

It should be noted that a woman’s desire to switch to a short working day does not deprive her of the right to go on the required paid leave. The expectant mother can still take time to rest when it is convenient for her. The duration and payment of vacation will not be changed. Moreover, an employee in this position has the opportunity to add her regular paid leave to her maternity leave. So the number of days will be increased by a month, or maybe more.

Responsibilities of the employer regarding the working hours of a pregnant woman

As for management, it is first of all required to fully respect all the rights of an employee who is expecting a child. According to the labor code, the working hours of a pregnant woman should be changed in accordance with her wishes. In this case, it is necessary not only to change the schedule and reduce the number of working hours per week, but also to take into account all the other benefits that are available to officially employed expectant mothers.

The employer’s task should be to strictly comply with all the rules that are prescribed in Russian Labor legislation. Therefore, management does not have the right to refuse a pregnant employee to reduce her working hours if this is her initiative. Even the fact that such a decision may have a negative impact on the work process cannot be a reason for refusal. Here you will have to look for reasonable compromises that will suit everyone. Alternatively, you can hire another part-time employee who will partially replace the pregnant employee.

There should not be certain points in the schedule of employees in this position:

This primarily applies to night shifts. A woman can easily refuse them during pregnancy, as this is provided for in Article 96 of the Labor Code.
In addition, the employer does not have the right to hire disabled employees to work on holidays and official days off. This is stated in Article 112 of the Labor Code of the Russian Federation.
Overtime are possible only on the initiative of the employee herself. But she can refuse additional hours, which is provided for in Article 99 of the Labor Law.
Pregnant women are also not sent on duty, as Article 298 prohibits this.

How to change work hours for a pregnant employee?

Considering that the special schedule is not mandatory, but is considered only on the initiative of the employee, she needs to inform management about her decision. To do this, you must write an application. At the same time, Russian legislation states that a pregnant employee can voice her decision at any time. It doesn’t matter what term she is in or how long she has worked in a particular company.

If an employer hires a pregnant woman for a position, he must immediately discuss the number of hours and work schedule. But a new employee can refuse these privileges if she wants to receive a higher salary. The expectant mother should have the opportunity to return to normal work at any time. So, if for health reasons a woman has to give up her usual schedule in any month, but in the future the condition stabilizes, she can work full time again.

According to the Labor Code, the working hours for pregnant women may remain the same, but periodic adjustments are still possible. For example, the schedule will have to be changed slightly, since after registering with a doctor, a pregnant woman will have to undergo numerous tests and visit a specialist at least once a month. To do this, the schedule must include special days. This should be taken into account, since the work of most medical institutions coincides with organizations and enterprises. Thus, visits to the medical office will take place during business hours. In no case should the employer consider the hours an employee is absent from work as absenteeism. It would be correct for a pregnant employee to notify her superiors in advance about her possible absence and obtain a doctor’s certificate, which is then provided to management.

Norms for a shortened schedule in pregnant women

Despite the fact that Russian Labor legislation provides special mode work for pregnant employees, this does not mean that they can work any number of hours. There are special standards that are taken into account when drawing up a special schedule for workers in this situation.

A shortened day is an opportunity to work not 8, but 6 hours a day. In addition, the employee may be offered a shortened week. In this case, the number of hours remains the same, but days off are added. Thus, the working period will be considered not from Monday to Friday, but from Tuesday to Thursday. You can find an alternative option. To do this, you should write a statement indicating that the pregnant employee wants to work 6.5 hours 4 times a week. In this case, an additional day off on Friday is provided.

It should also be taken into account that the reduction of the working day largely depends on how many hours a day the woman works as usual. This also applies to the weekly work schedule. In some cases, issues are resolved exclusively on an individual basis.

An employee can easily set up part-time work. To do this, you must first obtain a certificate from a medical institution stating that the woman is indeed pregnant. Next, a statement is written in any form addressed to the management. Here it is necessary to indicate exactly what benefits the expectant mother wants to take advantage of. That is, the application must express a desire to receive additional days off or a reduced working day. You can choose a third option with a shorter day and one additional day off.

These are the two main documents that need to be presented to the employer. Having received them, the boss must immediately respond and fulfill the request of the pregnant employee. Otherwise, he faces administrative punishment and a fine. It would not be superfluous for a woman to keep copies of the papers. They can be useful in case of controversial situations.

After the new work schedule for the pregnant employee has been discussed and all the nuances have been agreed upon, the employer issues an order, which is signed by the employee. Only after this can this issue be considered resolved. In this case, the agreement must be signed in two copies. One of them remains with the pregnant woman.

There are also cases when the employer simply does not want to comply with the request of a pregnant employee. Moreover, if we take into account that the labor code provides for a preferential work schedule for pregnant women, he is at great risk. Failure to comply with the requirements of the Russian Labor Code is punishable. If a woman can provide a pregnancy certificate from a medical institution and has written an application to change her work schedule, management does not have the right to refuse her.

At the same time, the expectant mother should take into account that a change in work schedule also entails a decrease in wages. This is the reason that employees in this position often give up their privileges.

Remuneration when changing work hours

Those representatives of the fair sex who still intend to work part-time due to pregnancy should take into account that, most likely, they will receive a lower salary. The thing is that in Russian legislation there is no mandatory clause that states that the rate will be maintained for expectant mothers who agree to a short working day. Thus, wages will be calculated based on the time actually worked. Here in mandatory both shortened working hours and the absence of the employee during a visit to a medical facility are taken into account.

Considering that the law does not make exceptions for pregnant women, many expectant mothers refuse the preferential schedule and choose the usual work schedule. Moreover, if there are no medical contraindications, some do not even take the required maternity leave, but work until the birth.

An employee who is in a position does not have the right to demand the same salary from the employer if she plans to work a shortened day or week. It would be correct for management to record the hours worked in a table, which will allow the salary to be correctly calculated for a pregnant employee. The employer cannot set any minimum or maximum. Numbers should not be taken out of thin air. This must be a clearly calculated and fully justified salary. Only hours actually worked are reflected in the time sheet. The time that the employee spent in the antenatal clinic is not included here and is not paid.

Preferential working conditions for pregnant women

Additional privileges related to employees in this position relate not only to work schedule and wages, but also, as stated in the labor code, working conditions for pregnant women. And first of all, it should be noted here that it is necessary to transfer a pregnant employee from harmful production for a safer job. In addition, pregnant women are prohibited from participating in work involving heavy labor. physical labor. In this case, it is desirable that the salary correspond to what the expectant mother received before.

The Labor Code provides for certain benefits for representatives of the fair sex in this position. However, a woman has every right to refuse them if she believes that this will in no way affect the baby’s health. At the same time, you should definitely think about whether you need to participate in work underground or in carrying heavy loads, when the body needs strength to bear a child.

Article 254 of the Labor Law states that there should be no difference in wages for a pregnant woman when she is transferred from one place to another. This suggests that using the required benefit, the employee loses nothing.

The Labor Code of the Russian Federation, or more precisely, it says that workers in this situation cannot be involved in work at night, and also should not go on business trips or on shifts. On holidays and weekends, pregnant employees are not involved in work activities unless the employee herself expresses such a desire.

Working conditions unacceptable for pregnant employees:

Relatively technical requirements It is worth noting that expectant mothers are prohibited from lifting boxes or any goods above their shoulders.
Foot operated mechanisms cannot be operated.
You should not work in assembly line production with a preset rhythm.
You should also refuse work that requires serious psycho-emotional stress.
A pregnant employee may be transferred to another department if she has to work in a damp and drafty room.
This also includes interaction with various pathogens.
Work with serious changes in temperature and pressure is also considered harmful.

In all these and many other situations, the expectant mother may demand that the employer transfer her to another department while maintaining her salary. It is important to consider that the employer does not have the right to fire or lay off a pregnant employee until the child turns 3 years old.

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 announce 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 does labor legislation protect the rights of pregnant women at work? In Russia the provisions labor law in relation to women in need of 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

Ventilated room, calm, soft lighting, including natural lighting, 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 full 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 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 a antenatal clinic and an average salary should be paid. 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, the so-called easy 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 average salary for all the 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 unpaid 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. A woman on maternity leave must retain workplace 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 serving as confirmation of “ interesting situation" 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 place of work. 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 another subtle point: when applying for a job, the concept of “ probation", in other words, you cannot install it! 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 conflict has not been resolved peacefully, she has the right to appeal to 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.

The Labor Code prohibits denying employment to women in this 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 in cases specified in the law, and provides for a number of other benefits.

Rights and benefits of pregnant women during 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 based on any criteria, including due to 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 hiring. 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 for an expectant mother not to be hired if her level of qualifications is insufficient or does not meet the requirements for the job for which the pregnant woman is applying.

If a woman understands that she is being refused on a far-fetched pretext, she has the right to ask for the refusal to be formalized in writing. You can subsequently contact the labor inspectorate or court and prove that there was bias on the part of the employer and an unreasonable refusal of employment.

In practice, this is not so easy to do. Employers, aware of the legal requirements, try to circumvent them in order to avoid penalties. Therefore, do not just ask for a written refusal, but put your request on paper and register with the director’s secretary as expected, with assignment incoming number and with registration in the call log.

Rights of pregnant women at work

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

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

Benefits for working expectant mothers

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

Transfer to another position

If a pregnant woman cannot perform 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 corresponds to the qualifications of the worker, but also a lower-paid and lower-ranking position, as well as all vacancies that are suitable for the woman for health reasons and are located in the area.

The pregnant woman should be given light work. The expectant mother has the right to ask for a transfer to light work. This is done in application form. A medical certificate confirming the need for transfer can be attached to the application. It is issued by a antenatal clinic doctor. It indicates which specific works are contraindicated. For example, lifting weights, working in rooms with high humidity, etc. If a woman is transferred to light work, she is retained average earnings, which she had in her previous position.
A pregnant woman has the right to switch to. The manager determines how many hours her working day will last. Payment must be made for actual time worked.
A pregnant woman is exempt from work on weekends, holidays, and days. She should not be asked to work at night or overtime.
A pregnant woman has the right to take annual work leave 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 regulated by the Labor Code of the Russian Federation, pregnant women can take annual paid leave after working any amount of time. A pregnant woman cannot be called back to work from vacation early.
A pregnant woman cannot work on a rotational basis. The 2019 Labor Code of the Russian Federation 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 the gestation is complicated by various problems, systematic examinations, tests, etc. may be required. The woman must be released from work for the duration of the visit to the clinic, while maintaining her salary.
After the expectant mother takes a certificate from the medical institution confirming her condition and registers her HR department, she is required to set aside time to visit the doctor as needed.
A pregnant woman should receive additional breaks during work. She also cannot be transferred to another job without consent, unless it is a transfer to light work.
A pregnant woman has the right to receive paid maternity leave. In a normal case and a normal pregnancy, a woman has the right to write an application for paid leave under the BiR for a period of 30 weeks. If the pregnancy is multiple, the law allows you to take 28 weeks of leave. If a woman lives in areas that have environmentally unfavorable status, she is allowed to take 27 weeks of leave under the BiR. Thus, depending on the circumstances, the duration of the B&R leave can be 140, 156, 160 or 194 days. If the birth was complicated, another 16 days will be added to the 140-day sick leave. It will be issued by a doctor at the maternity hospital.

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

Birth and labor leave is granted on application. Let us tell you in more detail what this means and what it is needed for. Having written an application for leave under the BiR, and attaching a sick leave certificate 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). The calculation of vacation pay begins. And here it may turn out that it is not profitable for a pregnant woman to go on vacation, because she will lose in salary. The fact is that women receive all maternity payments at their place of work, but the Social Insurance Fund allocates funds for their payment to the employer. The Fund's capabilities are not unlimited, therefore, when calculating the amount, the value of the basic marginal income was introduced. The amount of vacation pay under the BiR depends on the average daily earnings of the maternity leaver for the 2 years preceding the year of going on maternity leave.

When the average daily earnings are calculated, they 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 basic one is taken to calculate the benefit.

You can watch this video about calculating the allowance for BiR

This is why it is not profitable for some expectant mothers whose income is above the basic 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 leave for employment and labor regulations is a voluntary matter for the employee herself.

She has the right to continue working until the day of birth and take only the postpartum part of the leave. The next stage, registration of parental leave for a child up to 3 years old, may also not be used by the young mother. She has the right to go to work, and her father, grandmother or other working relatives can take leave to care for a newborn. Find material on applying for 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 manager, refer to the article of the Labor Code.

If the pregnant woman’s demands are legal and she knows all her benefits and rights, the employer will not break 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 have been violated, it is necessary to defend them, relying on the law. There are several ways to do this. First, you need to write a statement addressed to the manager with reference to the articles of the law and a requirement to comply with them. If this does not work, then you should write a complaint to the State Labor Safety Inspectorate and (or) the prosecutor's office. The last resort 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. Trying to circumvent the law prohibiting dismissal and inventing some kind of violation or finding fault with the employee and accusing her of poor quality work is also impossible. Article 81 of the Labor Code of the Russian Federation, regulating the dismissal of workers for disciplinary violations, prohibits dismissing pregnant women, no matter what offense they have committed.

A pregnant woman can only be fired if the organization is liquidated and the individual entrepreneur is closed. More information on the dismissal of a maternity leaver during the liquidation of an enterprise - .

The Labor Code of 2019 establishes for pregnant women certain rules dismissals at the initiative of the employer. This can only be done upon liquidation of an enterprise where a woman works. Upon dismissal, she will receive a salary for the time actually worked, compensation for unused vacation, unemployment benefits and maternity benefits from the Social Insurance Fund or the Social Security Administration.

You can also fire the expectant mother:

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

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

Art. 64 of the Labor Code of the Russian Federation guarantees the expectant 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 suitability for the job received.
Art. 255 of the Labor Code of the Russian Federation speaks of providing leave for the BiR of 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.