Labor rights of pregnant women. What does the labor code provide for pregnant workers

In this article, we will try to consider in as much detail as possible the issue related to the pregnancy of an employed woman. You will be able to find out what you can apply for when applying for a job, as well as why the employer does not have the right to fire you

In the life of every woman, the news of the upcoming birth of a child is the brightest moment, so at such moments no event can spoil the mood of the expectant mother. However, not everyone around you will be able to sincerely rejoice at your happiness, for example, an employer.

In addition to finding a new employee, he will still have to pay you the appropriate benefits and cash bonuses provided for by the legislation of the Russian Federation. Having learned about the pregnancy of their employee, many enterprising directors try to find loopholes in order to infringe on the rights of pregnant women at work and at the same time do it all as legally as possible.

Carefully study all the material presented in the article, and most likely it will help you stay at your favorite place of work and receive the money due while you are in interesting position.

Despite contradictions with management, you can be sure that Russian legislation protects pregnant women and regularly expands their labor rights. If you do not want to join conflict situation and upset by the unauthorized actions of the head, it is imperative to carry out the following actions:

• to the antenatal clinic and receive a document confirming the presence of pregnancy.
• tell management about your situation and provide a certificate.
• register the certificate with the personnel department, get a unique number and signature of the manager (make two copies).
• write statements that you would like to receive additional benefits associated with pregnancy.

By observing these complicated rules, You will be able to protect yourself and obtain evidence in the event of litigation in court. Next, we will consider what rights a pregnant woman who has an official place of work has.

What can an employed pregnant woman apply for?

There are a large number of laws protecting labor the rights of a pregnant woman at work under the labor code of 2019 and lactating mothers, but it is worth mentioning only the main ones. It is these articles that you can refer to in case of a controversial situation with the leadership of the organization in which you work.

According to articles 64 of the Labor Code and 170 of the Labor Code, you cannot be hired just because of pregnancy. Denial of employment must be justified and documented if the main reason is pregnancy this action the employer can be declared illegal through the courts. It is also worth noting that article 70 of the Labor Code allows you to release potential employee in an interesting position from probation. Violation of the rights of a pregnant applicant may result in criminal liability, in accordance with Article 145 of the Criminal Code, the employer must pay a fine or work forcibly for more than three hundred hours, facts about detention are known in history.

Article 261 prohibits employers from firing pregnant women, violation of this article will result in a real prison sentence. There are a number of circumstances when a pregnant woman can be fired from her place of work - the complete liquidation of the organization, termination of pregnancy due to own will or miscarriage. It is your responsibility to notify your management that you are pregnant and confirm given fact certificates every three months until the baby is born. If the term of the employment contract expires during pregnancy, you should apply to the employer with an application to extend this contract, this request cannot be refused. If you want to protect yourself, conclude only an employment contract, on the basis of this document alone you have additional benefits. Dismissal can be carried out not earlier than four months from the birth of a child.

It should be noted that a woman in the position agrees to Article 259 of the Labor Code of the Russian Federation cannot be sent on a business trip without written consent. This article also states that women in position are exempted from work at night from 22.00 to 6.00, holidays and weekends. The employer must take into account that overtime work also cannot be assigned to pregnant women (articles 93, 96, 99).

Article 298 says that ladies with children up to three years, as well as pregnant women cannot be hired, providing for a rotational method of fulfilling labor obligations.

It must be remembered that if there is a medical certificate, a pregnant woman is required to reduce the production rate, and in some cases the employee must be transferred to another position. At the time of translation is fully preserved wage and additional bonuses that the woman had in this position. To date, given legislative acts, women, regardless of the gestational age, are exempt from:

• Work with heavy objects weighing more than 5 kilograms.
• Walking on stairs and constantly moving on your feet, as well as from work associated with inclinations.
• manipulations with toxic substances, contacts with radioactive devices and copiers.
• Long journeys, work on the conveyor.

If the proposed working conditions do not suit the pregnant woman for health reasons, it is necessary to undergo a medical examination and obtain a doctor's opinion with recommendations for transfer. Next, you need to contact the management with the appropriate application for a vacancy with easy working conditions. This translation will not be recorded in the work book, and you can return to your usual place of work after the birth of the child.

Every breastfeeding woman should be aware that Article 258 guarantees additional time for breastfeeding a child under the age of one and a half years. The employer is required to provide 30 minutes every 3 hours, this time can be added to the lunch break, and it can also be used entirely at the beginning or end of the working day. The time spent on feeding is paid in full.

Pregnancy is a difficult period for any woman, which requires regular visits to various medical facilities. At the time of the medical examination, any employed woman in the position can apply for the preservation of wages in full. For reporting in accounting and accrual of funds, it is necessary to bring all medical documentation, detailed rules of law are set out in article 170 of the Labor Code.

In addition to improved working conditions and paid doctor visits, there are additional bonuses for paying maternity leave. To date, every woman receives a leave of 70 days at the time of the birth of one baby, if medical documents confirm the presence of multiple pregnancy, the number of vacation days is increased to 84.

In some regions of the country, the period of maternity leave may be established local authorities self-government based on living conditions. In areas with difficult climatic and man-made conditions, leave is 90 days. Based on the conditions of Article 166 of the Labor Code, a woman can exercise her right and summarize all the days of pregnancy leave, as well as add them to annual leave.

Regardless of the number of days provided by law, wages are retained in full. Unfortunately, situations sometimes arise when an enterprise is liquidated while a woman is on maternity leave. In this situation, monetary compensation is paid during the year from the Fund social protection population at the place of residence in the amount of one minimum wage.

The presented articles are fundamental laws that protect the rights of pregnant women at work in the Russian Federation. Violation labor rights on the part of the employer can lead to adverse consequences. Regardless of the length of service and time spent in this organization, you can go to court to resolve disputes.

What to do if your rights are violated?

Despite existing legislation and clearly defined penalties for violating the labor rights of pregnant women, many modern employers are trying to circumvent the law.

There are several ways to resolve disputes with employers:

• In order to avoid trouble, it is necessary to notify the management of the enterprise about the desire to receive certain benefits. To do this, you need to write a statement indicating your wishes, be sure to indicate the articles you refer to. This document must be certified in the personnel department and get the signature of the head, it is best to have two copies. If, for any reason, your legal requirements are denied, this statement will be proof of your words. Most directors try not to come into conflict with their subordinates, so they react sharply to official address and strive to satisfy all the written wishes of a pregnant woman as quickly as possible. It is worth noting that all written statements are proof of your words in court.
• Not all employers honestly fulfill their obligations to employees and often ignore the requests of pregnant women to improve working conditions. If you have a disputable situation, you can file a complaint with the State Labor Inspectorate of your city. It is this body that performs the function of protecting the rights of workers and contributes to the settlement conflict issues. To apply, you need to write a statement indicating the essence of the conflict, attach all medical documents confirming the presence of pregnancy, and, if possible, collect testimonies. Further, the inspection staff will initiate a check upon the fact of the appeal and restore your violated rights. At the same time, you can apply to the prosecutor's office (the package of documents is identical).
• If not a single measure of influence on the management has brought the desired result, it is worth filing a claim with the court. However, resolving issues through the court carries a number of difficulties, you need the help of a real professional who will help you collect a fundamental evidence base and competently draw up the required documents. Try to resolve all disputes with management as quickly as possible, without bringing the case to litigation.

Pregnancy is a wonderful event and nothing should overshadow it, so try to resolve all conflicts in a friendly dialogue, not forgetting to point out the legal component. Inform the employer about the pregnancy in time and draw up all Required documents, inform about your wishes, about softening working conditions and maintain an atmosphere of ease in communicating with management. By following all the rules and regulations, you can easily protect your rights and receive all the necessary benefits.

Every employer must respect the statutory rights of a pregnant woman at work. What are the rights and privileges in labor area expectant mothers, you will learn from this article.

Rights of pregnant women related to employment

The law says that if a pregnant woman wants to get a job, she does not have the right to be denied employment because of pregnancy. For such an act, the Criminal Code of the Russian Federation provides for criminal liability in the form of a fine or compulsory work. Refusal to hire is possible only if the business qualities, level of education and qualifications of the applicant do not meet the requirements.

The applicant for the position may even demand that he be given a written detailed answer about the reasons for the refusal to hire (such a refusal can be appealed in court). True, at present, these norms of the law are rarely applied in practice, since when refusing to hire a pregnant woman, the employer tries to justify the refusal by the woman’s poor business qualities or simply states that the place has already been taken.

If a pregnant woman managed to get a job, then she cannot be established probation to test her skills.

It should also be noted that when applying for a new job, a woman is not required to report her pregnancy, and if an employee hid this fact during employment, the manager does not have the right to hold her accountable for this. The exception is those cases when, before applying for a job, it was required to undergo a medical examination, and the woman presented fake documents indicating the absence of pregnancy.

What does easy work mean for pregnant women

Pregnant employees need work relief, so the Labor Code establishes that every pregnant woman has the right to switch to work on a reduced schedule. The law does not specify the exact number of working hours to which the time for the expectant mother should be reduced, so the issue is resolved by agreement with the employer. At the same time, it is important to know that with such a mode of work, wages will be reduced accordingly.

It is also important to remember that an employee who is expecting a baby should not be involved in work:

• at night (from 22 to 6 hours);
• overtime;
• on weekends;
• on holidays that are non-working days.

In addition, the law prohibits sending pregnant women on business trips. And in all these cases, the exit of a pregnant employee to work is unacceptable even with her consent.

Operating sanitary regulations(SanPiN) provide for other restrictions on the working conditions of pregnant women. So, they can't work:

• in basements;
• in a draft;
• in conditions of wet clothes and shoes;
• under the influence of harmful production factors;
• in other adverse conditions provided for by SanPiN.

If the work is associated with constant lifting of weights, then the mass of the transported load cannot be more than 1.25 kg, and when alternating the lifting of the load with other work - more than 2.5 kg.

In cases where the work performed by a woman is contraindicated during pregnancy, she should be transferred to another job suitable for her. In addition, the need to reduce the rate of production or provide other work may be provided for by a medical opinion. When transferring to another job, the average salary at the previous place of work is maintained.

The rights of pregnant women to leave

By general rule an employee can receive annual leave with vacation pay after he has worked for six months at this place of work. For pregnant women, a preferential rule has been established: regardless of the length of service, they can go on annual leave before going on maternity leave or immediately after the end of maternity leave.

The law establishes another important right a pregnant woman at work regarding the provision of leave: a pregnant employee cannot be prematurely recalled from leave even with her consent.

With regard to maternity leave (which is called maternity leave in the law), it is granted for a period of 30 weeks of pregnancy. If the birth of 2 or more children is expected, then the woman goes on maternity leave 2 weeks earlier. The duration of the leave depends on the number of children and the severity of the course of childbirth and ranges from 140 to 194 days. During this leave, a benefit in the amount of 100% of average earnings is due, which is paid immediately for the entire period of the decree.

In addition to going on vacation, pregnant women have another legal reason to be temporarily absent from the workplace. So, if the period of absence from work in connection with a visit to the clinic (for testing and passing specialists), then it should be paid in the amount of average earnings. In this case, the woman should present evidence of absence from work precisely for this reason (for example, a ticket to the doctor). Therefore, in order to undergo a mandatory medical examination, pregnant women do not need to take a vacation at their own expense.

An employer is not entitled to terminate an employment contract with a pregnant woman on its own initiative. Even if she is negligent in the performance of her official duties, starts to be late for work, or does not come to her shift at all without good reason - in all these cases, she is threatened, at most, with a reprimand. The only acceptable reason for dismissal is the liquidation of the organization (but not downsizing!) Or the termination of activities by the employer in the status of an individual entrepreneur. The situation is more complicated if a woman works under a fixed-term contract and its period expires during pregnancy. But even in such a situation, as a general rule, the manager should not fire a pregnant employee. The term of the contract with her is extended until the end of pregnancy.

To do this, a woman needs:

• submit an application to the manager for the extension of the employment contract;
• attach to it a medical certificate of pregnancy obtained in the antenatal clinic.

On the basis of these documents, an agreement is concluded with the woman on the extension of the employment relationship until the end of the pregnancy. After the birth of a child (or at the end of the pregnancy with an abortion or miscarriage), the employer has the right to terminate the contract with the employee. To exercise this right, he is given a one-week period from the day when he learned (or should have known) about the end of the pregnancy.

It is important to emphasize that the employer has no obligation to renew a fixed-term contract if it expires after the birth of the child. This moment should be taken into account by women working on a fixed-term contract when planning pregnancy.

The law allows the dismissal of a future mother who works under a fixed-term contract only if a number of conditions are met:

• the contract is executed for the period of absence of the main employee, and this employee goes to work;
• there is no way to transfer a woman to another position (even a lower paid one);
• the possibility of transfer is available, but the employee does not give consent to this.

Thus, we can conclude that the rights of pregnant women are spelled out in sufficient detail in the law. At the same time, pregnant women working under a fixed-term labor contract are protected by law to the least extent, compared with the rest.

nsovetnik.ru

Every modern woman should 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 infringed upon to one degree or another. Therefore, further we will consider all the features of the Labor Code of the Russian Federation applied to pregnant women. What is a woman's right to? What about the employer? How to properly fire a woman? When will this action be considered legal? Answers to all this and not only are provided by modern labor legislation.

Today, women work on an equal footing with men. Nobody forbids them to build a career. However, it is not possible to 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 thing is that women with children (or caring for a sick relative) cannot work:

• in hard work;
• in places with harmful working conditions;
• in underground works;
• in nighttime.

The labor protection of pregnant women in Russia gives guarantees to the "weak" half of society that she 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 job offered.

overtime work

Quite often in companies there are processing. In some cases, employees are sent on business trips. This practice is becoming more and more common.

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

light labor

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

During pregnancy and before the newborn reaches one and a half years, the mother can ask for a transfer to easier working conditions. For example, for medical reasons.

The employer cannot refuse 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 forbidden to stop such an act. It does not count as walking.

Important: downtime due to the fault of the employer must be paid. The average salary of the employee will be taken into account.

They try to observe the rights of pregnant women at work under the Labor Code. There are moments that employers are silent. But everyone knows about such a phenomenon as a decree.

An employee awaiting replenishment in the family may require maternity leave from the 30th week of an “interesting” position. It's called "maternity."

The duration of such rest from work depends on the course of pregnancy and delivery. Approximately you can expect:

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

In the latter case, a paternity leave will be offered depending on the situation. Vacation will be either 70 or 84 days.

A woman can refuse the decree before acquiring the status of a mother. This practice is not so rare in modern Russia. The days worked during pregnancy are not added to the period after childbirth.

Important: the decree in the Russian Federation is paid. Payments depend on the amount of wages that the mother in labor received on average in the company. In Russia, there are minimums and maximums for maternity compensation.

Leave before childbirth

We got acquainted with the working conditions for pregnant women under the Labor Code. What else needs to be remembered expectant mother?

A woman may request additional leave before the decree, after it, or after the period of caring for the baby. It is provided at the request of the employee. It does not depend on the time of cooperation with the applicant. A similar right is spelled out 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 in the company of a woman in a position gives the employer a lot of trouble. Especially if a woman decides not to quit before becoming a mother.

Every employed mother has the right to parental leave up to 3 years of age. After that, you will either have to leave the company or quit. It is impossible to extend the period of rest from work. Only if you have a baby again.

The following persons are entitled to parental leave:

• either parent of the child;
• close relative (grandmother/grandfather).

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. V real life Most often, it is women who care for newborn babies.

Newborn care time 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 again to build a career. The 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, no less than once every 3 hours, a woman must be given additional paid time for breastfeeding. At least 30 minutes are allocated for one child, at least an hour for 2 or more.

This kind of right is reserved for a woman until the children reach one and a half years. After that, you will have to stop breastfeeding. In any case, the employer may not release the woman from work in addition to feeding the 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 should I do if a woman needs to undergo a medical examination or go to the antenatal clinic for pregnancy? The employer must let her go. If the authorities forbid 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 absenteeism.

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

About earnings

Many are interested in how wages are paid to pregnant women in light work. Will they pay less? Or can a woman count on saving 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, earnings should be maintained. Only the average salary of an 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. An employee has the right to file a complaint with the labor inspectorate.

The mode of work of a pregnant woman is 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 firms must organize special rooms for feeding, nurseries and gardens.

It is also necessary for the employer to provide employees with personal hygiene rooms. 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? What about shortening it?

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

They cannot reduce a woman in a position. If the position in which she works is reduced, the employer will have to find another place for the subordinate. It is not necessary to keep the income.

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

Dismissing a woman

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

Termination of an employment contract with a pregnant woman is allowed, but only under certain circumstances. The initiator of the process must be the dismissed person. At the request of the employer, termination of the employment relationship will not work.

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

• the employee herself wanted to leave;
• the parties entered into an agreement on dismissal;
• the girl refused the vacancies that she was offered during the reduction;
• the woman decided not to move to another place of work together with the employer and the company as a whole.

It follows that it is impossible to just get rid of a pregnant woman. Moreover, “according to the article”, a woman who is waiting for an addition to the family cannot be fired under any circumstances.

At the same time, it is also forbidden to persuade a woman to quit.

Company closure

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

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

employee in advance writing notify about the event (2 months or more), and then carry out the appropriate operation. Such dismissal is not a violation. And under such circumstances, it will not work to be reinstated in any way. The company or individual entrepreneur will simply cease to exist.

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 / decree, a 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. And what to do with the usual urgent cooperation agreement?

A woman can write an application for an extension of the contract until the birth. If this does not happen, the boss can remove the employee from work according to the law.

Dismissal procedure

How is a pregnant woman applying for a transfer to light work? Just like a request for dismissal. You need to write an application and submit it to the personnel department. The employer will issue a transfer order. After that, you can get to work.

The more serious moment is the dismissal. Therefore, we will consider it in more detail.

If a pregnant woman wants to quit, she needs:

1. Write a letter of resignation.
2. Submit a request to the Human Resources Department.
3. Wait for the application to be signed.
4. Work 2 weeks.
5. Read the notice of dismissal.
6. Collect documents from the employer - a payslip with money for the hours worked, a work book, a medical book, income certificates.
7. Put a signature on the delivery of the documentation to the employee.

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

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

Loopholes in the law

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

When the “interesting” position of the employee is known only to her. If the employer does not notify the pregnancy, the woman loses all the rights and guarantees listed. So, she can be fired and reduced.

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

From the foregoing, 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 the observance of the rights of women in their position at work.

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Every woman becomes happy when she finds out about her pregnancy. But to communicate the good news to the employer of the firm where she is employed, she will need more courage and determination.

The director may be dissatisfied for the following reasons:

• He does not want to let an experienced employee go on maternity leave;
• He will suffer losses;
• He was used to planning for the future, making schedules and other financial schemes, and the situation of a pregnant woman was not included in his plans.

In order for the employer to react well to the news of a pregnant woman, it is better to notify him in a timely manner. Negotiations are conducted personally, a medical certificate from a doctor is provided, which proves the fact of pregnancy.

To learn about the rights and obligations of women who are in a position at the time of official employment, you need to familiarize yourself with the laws of the Russian Federation.

In accordance with the adopted provisions of the legislation, the Government of the Russian Federation provides expectant mothers with the necessary conditions to protect their health. Nevertheless, pregnancy does not mean a serious illness, so you still have to work.

Working conditions for pregnant women were approved by the Russian Ministry of Health in 1993. In particular, the rights and prohibitions for pregnant women in the workplace are presented in articles 259 and 298 of the Labor Code of the Russian Federation and other provisions of the law.

Future pregnant women are prohibited from:

• Be in a noisy office or in a damp production room;
• Work with objects that emit ionizing radiation (for example, printers and old monitors);
• Work standing all day or carry heavy objects;
• Work on weekends, holidays and at night.

One more necessary condition for a pregnant woman - the creation of the correct mode of operation in accordance with the Labor Code of the Russian Federation.

Resolution of the Plenum Supreme Court 2014 states that pregnant women can work in the following work modes:

• Part-time work or shift;
• Variable full-time/part-time working regime;
• Full time work with reduced working week.

Article 64 of the Labor Code lists employment benefits for a pregnant woman. By law, no one has the right to refuse to provide her with a job, otherwise the employer will be brought to administrative responsibility or criminal prosecution.

The government cares about the health of a pregnant woman and a child, therefore, according to the Labor Code of the Russian Federation, it is forbidden for expectant mothers to get a job with harmful working conditions.

The chapter on granting maternity leave (Article 122 of the Labor Code of the Russian Federation) has been amended:

• The circle of persons who are entitled to receive maternity leave has been expanded. Now foreign residents and close relatives are also eligible for maternity benefits;
• The allowance was increased, the maximum amount of payments - 755 thousand rubles.

Each region of the Russian Federation calculates the maternity allowance according to formulas that have been adopted in accordance with the laws of the Russian Federation. Therefore, the amount of the cash payment may differ significantly from the maximum allowable amount.

What are the payouts at work?

According to Federal Law No. 255 “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Maternity”, pregnancy and childbirth benefits are paid to the insured woman. The amount of monetary compensation depends on her average earnings.

Payments and benefits for pregnancy and childbirth from the 30th week of pregnancy:

• The lump-sum amount for expectant mothers who were registered is 613 rubles;
• Additional regional benefits - about 600 rubles;
• Lump sum at the birth of a child - 16,350 rubles;
• At the birth of the second and subsequent child - a certificate for maternity capital. Its amount is 454,026 rubles;
• Families with many children are provided with benefits and allowances. An additional allowance is paid for the third and subsequent child until the child is three years old.

ZP r. / Qty. k.d

• ZP r. - earnings in the billing period;
• Qty. c.d. - the number of calendar days in the billing period.

The following periods are not included in the calculation of the maternity benefit:

• Temporary disability;
• Holiday to care for the child;
• Maternity leave;
• Temporary dismissal from office with partial or full pay.

If a woman works part-time or weekly, a similar calculation procedure is provided.

When can you go on maternity leave?

The deadline for filing an application for a decree is regulated by Federal Law No. 197 (Labor Code of the Russian Federation). According to the provisions of the law, a woman can go on maternity leave at the 30th week of pregnancy, that is, 70 days before the expected date of birth. The term is determined by the gynecologist after the examination.

However, having determined her well-being, a pregnant woman can go on paid leave both after the period prescribed by law and before it. An application is submitted to the employer about the need to provide leave with the designation of the starting date.

Article 257 federal law, the duration of the leave after childbirth cannot be increased by the number of days that the pregnant woman did not use before the birth of the baby.

Can a pregnant woman be fired?

A pregnant woman cannot be fired for all the reasons that are provided for in the law for an ordinary worker. For example, if a division of an organization is liquidated, it must be transferred to another department of the institution. The transfer should not affect the amount of wages. Despite this, many employees in a position, not having understood the intricacies of the law, obediently sign dismissal documents.

The law and rules of the probationary period are designed to determine whether a newly hired employee is valuable to an employer. In relation to expectant mothers, these rules also do not apply. An employer will not be able to fire a pregnant woman, even if she has not passed the probationary period and does not meet the professional or personal qualities of an employee for this position.

210fz.ru

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

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

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

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

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

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

Rights of pregnant women at work

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

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

By law, a working woman, preparing to become a mother, can take advantage of benefits specially provided for by law. Not all women know the law well, and employers often take advantage of this.

In order not to lose the right privileges, you need to remember the following: 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 matches the qualifications of the employee, but also a lower paid and lower position, as well as all vacancies that are suitable for a woman for health reasons and are located in the area.

1. Pregnant women should be given light work. The expectant mother has the right to ask for a transfer to light work. This is done in the application form. You can attach to your application medical certificate about the need for translation. It is issued by a antenatal clinic doctor. It indicates which specific work is contraindicated. For example, lifting weights, working in rooms with high humidity, etc. If a woman is transferred to light work, she retains the average earnings that she had in her previous position.
   A pregnant woman has the right to switch to part-time work under the Labor Code of the Russian Federation. How many hours her working day will last, the manager sets. Payment must be made for actual hours worked.
2. A pregnant woman is released from work on weekends, holidays, days. She should not be asked to work nights or overtime.
3. A pregnant woman has the right to take annual labor leave in advance before maternity 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. How does it regulate labor Code Russian Federation, pregnant women can take annual paid leave, having worked any amount of time. It is impossible to call a pregnant woman to work from vacation ahead of schedule.
4. A pregnant woman cannot work on a rotational basis. The Labor Code of the Russian Federation of 2018 for pregnant women, in article 298, limited the possibility of working away from permanent place residence.
5. A pregnant woman has the right to leave work to see a doctor for regular checkups. If the pregnancy is multiple or pregnancy is complicated various problems, systematic examinations, testing, etc. may be required. A woman is required to be released from work with pay at the time of the visit to the clinic.
   After the expectant mother takes a certificate from the medical institution confirming her condition and registers her in personnel department, she is obliged to allocate time to visit the doctor as needed.
6. A pregnant woman in the process of work should receive additional breaks. She also cannot be transferred to another job without her consent, unless it is a transfer to light work.
7. A pregnant woman is entitled to paid maternity leave. In the usual case and a normal pregnancy, a woman has the right to write an application for a paid leave for B&R for a period of 30 weeks. If the pregnancy is multiple, the law allows you to take a vacation of 28 weeks. If a woman lives in areas that have the status of environmentally disadvantaged, she is allowed to go on leave for B&R at 27 weeks. Thus, depending on the circumstances, the duration of the BiR leave can be 140, 156, 160 or 194 days. If the birth went with complications, one more for 16 days will be added to the sick leave for 140 days. It will be issued by the doctor of the maternity hospital.

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

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

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

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

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

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

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

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

Additionally

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

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

It is possible to dismiss a pregnant woman only in the event of the liquidation of the organization and the closure of the IP.

The Labor Code of 2018 establishes for pregnant women certain rules layoffs at the initiative of the employer. This can only be done when the enterprise where the woman works is liquidated. Upon dismissal, she will receive a salary for the hours actually worked, compensation for unused vacation, unemployment benefits and maternity payments to the Social Insurance Fund or the Department of Social Security.

Also, you can fire the expectant mother:

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

If a woman is employed under a fixed-term employment contract (issued for a period of no more than 2 months) and is pregnant at the time of dismissal, she can only be dismissed a week after she gives birth to a child and starts working again.

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

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

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

What rights does a pregnant woman have under the law?

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

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

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

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

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

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

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

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

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

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

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

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

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

It is forbidden by law to recall the expectant mother ahead of schedule from annual leave.

The concept of "decree" can be divided into two positions, namely:

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

It lasts:

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

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

2) Leave to care for a child up to 3 years.

It is also divided into:

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

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

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

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

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

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

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

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

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

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

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

beremennost-po-nedelyam.com

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

Labor rights and obligations of a pregnant woman

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

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

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

The average salary for a pregnant employee is:

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

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

The right to maternity leave

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

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

Relying to her regular annual leave, a woman can add to maternity leave. Moreover, both before its start and after. According to his application, the employer is obliged to arrange the next vacation for the father in such a way that it coincides with the wife's pregnancy leave.

Can a pregnant woman be fired from her job?

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

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

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

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

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

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

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

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

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Home / Articles / Dismissal under the Labor Code of the Russian Federation in 2017

Dismissal under the Labor Code of the Russian Federation in 2017

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

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

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

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

The policy of our state in Lately aimed at stimulating the natural growth of the population. As a result, new social programs encouraging the birth of children in Russian families.

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

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

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

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

Responsibilities of a pregnant woman at work

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

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

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

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

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

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

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

Moreover, according to article No. 254 of the Labor Code (you can download the code above), the days of a scheduled dispensary examination are paid in full. As evidence of the date of the visit to the doctor future mommy must bring the relevant certificate from the clinic to the head.

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

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

Yes, this is only possible in two cases:

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

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

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

Can a pregnant woman be fired from her job?

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

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

Violation of the rights at work of a pregnant woman

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

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

Protecting the rights of pregnant women at work

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

Guarantees and benefits for pregnant employees

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

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

2. An employment contract, the end of which fell on the period of the employee’s pregnancy, in general case should be extended until the end of the pregnancy. At the same time, 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. Testing for employment is not established for pregnant women, women with children under the age of 1.5 years, as well as persons under 18 years of age. This rule also applies to other persons raising children under the age of 1.5 years without a mother.

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

Guarantees at the conclusion of an employment contract

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

Labor Relations

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

part-time work

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

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

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

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

Special working conditions for pregnant women

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

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

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

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

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

Transfer to light work

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

Guaranteed average earnings

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

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

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

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

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

Granting maternity leave

Maternity leave is a special type of leave. 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 allowance. The period a woman is on maternity leave is taken into account when calculating the length of service giving the right to annual paid leave (part 1 of article 121 of the Labor Code of the Russian Federation).

Guarantees when granting the next vacation

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

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

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

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

Prohibition on dismissal at the initiative of the employer

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

Dismissal is not allowed if.

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

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

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

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

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

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

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

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

What kind of work should an employer offer a woman?

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

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

• all available vacancies that meet health requirements;

• vacancies and jobs available to the employer in the area. Vacancies and work available in another locality must be offered in cases where this is provided for by the collective agreement, agreements or employment contract.

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

The article is current as of 05.02.2016

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

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

What rights does a pregnant woman have under the law?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Russian and international legislation provides for special legal relations between employers and women who are expecting babies. The law unconditionally takes the side of pregnant women. Even under the most difficult circumstances, the provision of benefits and social benefits for such employees is the duty of any leader. Goals of this direction:

• provide sparing . The physical, emotional and mental burden of pregnant women is transferred to the unborn child. The International Convention on the Protection of Maternity (1952) obliges the governments of the signatory countries to
• provide acceptable working conditions;
• protect women from discrimination. It is often unprofitable for an enterprise to support expectant mothers. The return from the work of an employee decreases, intensive physical labor is inaccessible to her, it is troublesome to create special working conditions. Not every leader adheres to high moral and ethical standards. To avoid temptation, the law contains prohibitions on actions of this kind.

The rights of expectant mothers at the place of work are stipulated in many articles of the Labor Code of the Russian Federation.

Potential employers are usually not interested in employing pregnant women.

However, notify about your position (write receipts, provide certificates) applicants for a vacancy are not required. The decision on should be made only on the basis of the suitability of the candidate business requirements.

Even if the vacancy is included in the list of professions with mandatory passage, a certificate from a doctor does not apply to documents that must be presented during employment. for reasons related to its position (Article 64 of the Labor Code of the Russian Federation) is illegal.

If the admission to the position provides for the passage of a probationary period, it does not apply to pregnant women..

Working conditions

What conditions are considered normal, and what -? They depend on the degree physical activity and from finding a job.

Difficult conditions:

• lifting and carrying objects heavier than 2.5 kg and more often 2 times per hour when alternating with other operations;
• constant lifting and carrying of objects heavier than 1.25 kg;
• moving objects per hour with a total weight of more than 60 kg at a distance of up to 5 meters and at table level;
• moving objects with a total weight of more than 480 kg per shift at the table level;
• lifting objects from the floor, working with a forced posture on your knees, squatting, with an inclination of more than 15 degrees or a constant raise of your arms;
• work on the conveyor, on the equipment with pedal control.

Harmful conditions:

Mechanized labor is allowed, walking up to 2 kilometers per shift, visual strain on objects larger than 5 millimeters with visual strain no more than 25% of the working time. Operations of the same type cannot last less than two minutes, the number of such operations per shift cannot be less than 10. Workplace must exclude:

1. work in one position or "on your feet" during the day;
2. location on a stool without a back or with other violations of the ergonomics of space, etc. (other parameters are contained in GOST 21.889-76).

Holidays

Maternity leave, issued by a medical institution in the form of a disability certificate, is provided to working pregnant women at the expense of the Social Insurance Fund.

Its duration depends on the number of babies and complications during childbirth. The typical duration of such leave for the safe birth of one child is 140 days (ten weeks before and after childbirth).

At the initiative of the employer, according to Article 261 of the Labor Code of the Russian Federation, a pregnant woman cannot be fired at all. Even if the employment contract with her is of an urgent nature, it is extended for the period of the end of pregnancy. Moreover, once every three months, the employer has the right to require a certificate of continuation from the antenatal clinic.

The only case when dismissal is possible is in the event of liquidation (closure) of an organization or termination of work of an individual enterprise (Article 261 of the Labor Code of the Russian Federation).

A woman, regardless of whether maternity leave is issued or not, will receive severance pay on an equal basis with others. Before the start of the "decree", the allowance will be paid by the social protection authorities.

The court is not the only instance where the problems of pregnant women are solved.

If an appeal to the immediate supervisor and the head of the enterprise did not help the expectant mother, there is also a commission on labor disputes, the State Labor Inspectorate, and the prosecutor's office.

It is important to properly document the appeal (put the secretary's mark on the registration of the application on the copy) and attach a copy of the certificate from the doctor.

The protection of motherhood and childhood is a humanitarian task supported at all levels of a civilized society. Knowledge of the legislation in the field of the rights of expectant mothers and future babies will help both the mothers themselves and their leaders.

Every leader wants to see experienced, hardworking workers in his staff. Therefore, the rights of certain categories of workers are often infringed. These workers are most often pregnant women. To protect yourself from limiting your privileges guaranteed by law, please read the information provided.

The rights of pregnant women at work under the Labor Code

Pregnant women are a vulnerable category of workers. Therefore, Russian legislation ensures the safety of their rights, and also guarantees them certain benefits and privileges. The Labor Code contains the following provisions regarding this issue:

• At the request of the employee, the employer is obliged to reduce the duration of work. This will not affect the length of service, but payments will be made depending on the time worked;
• When translated into more safe work a prerequisite is the safety of the position and remuneration;
• When an employee is in hospital, wages are saved;
• The performance of overtime and hazardous work is prohibited by law;
• The workplace of the employee must comply with the norms of the law;
• The grant of annual leave is accompanied by full payment wages.

What are the rights of a pregnant woman at work?

To find out what rights pregnant women have at work, you need to refer to the norms of the Labor Code. By law, a girl has the following privileges:

• Payment for maternity leave is made without taking into account the length of service;
• The place of work will be maintained throughout the maternity leave;
• When calculating the length of service, time taken to care for a child is taken into account;
• It is prohibited to cancel an employment agreement with an employee in the position. There are some exceptions;
• It is impossible to dismiss an employee even if she violates the rules of internal labor regulations;
• If a woman carries out labor activities under a contract, then she has the right to count on its extension until she goes on maternity leave;
• An employee undergoing an internship cannot be fired;
• The employer is obliged to release the worker for a medical examination and pay for this time;
• Women workers in position are exempted from overtime hours of work.

The main duty of a pregnant woman at work is to notify the employer of her situation in a timely manner. This fact must be confirmed by providing a doctor's assurance.

Can a pregnant woman be fired from her job?

For all pregnant workers is topical issue about the continuation of their labor activity. It often happens that unscrupulous managers seek to get rid of employees in a position. However, this process is against the law. There are some rules in the Labor Code of the Russian Federation that cover this issue.

• An employer has no right to dismiss a pregnant woman on her own initiative. An employee can leave the place of service only at her own request;
• Even if the employee violates the rules of the internal charter, it is impossible to deprive her of her place of work. In such situations, she can be punished by taking away a bonus or by reprimanding;
• the only in a legal way dismissal is the termination of the operation of the enterprise;
• If a woman is employed under a contract, she has the opportunity to extend it, so such an employee cannot be fired. Cancellation of the contract is possible only after the birth of the child.
• Also, for many representatives of the weaker sex, the question of whether they have the right to dismiss a pregnant woman from work is relevant?
• When reducing the apparatus of employees, the employer has the right to deprive any worker of work. An exception is an employee in position.

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

By law, a pregnant woman has a significant list of rights and benefits. also in legal acts issues of employment of a woman being in position are noted. In such a case, there are some rules governing this process:

• Refusal to hire a pregnant woman because of her situation is regarded as a violation of her rights;
• When hiring, only the professional qualities of the worker should be taken into account;
• The employer must substantiate his negative answer in writing, indicating the reasons for such a decision;
• When applying for a new duty station, employees in the position are not subject to a probationary period. The manager is only required to conclude an employment agreement with a new colleague.

Violation of the rights at work of a pregnant woman

Very often, a pregnant woman, due to her ignorance, is infringed on her rights at work. To avoid deception and injustice at the duty station, it is recommended that you familiarize yourself with the provisions of labor legislation regarding the rights of girls at work.
If you encounter a similar problem, you should act according to the presented algorithm:

• Need to consider legislative norms about the rights of pregnant women and to acquaint the head with them;
• If the employer refused to follow them, try to solve the problem by filing an application addressed to the administration of the enterprise. An important condition is a reference to the provisions of the law and the designation of its requirements;
• If this method did not have the desired effect, it is recommended to apply in writing to the appropriate authorities. It is important to supplement the complaint with a doctor's conclusion;
• The final option to protect your rights will be a lawsuit. In this case, the deadline for submitting an application should be taken into account. It should not exceed three months.

Any woman can face the abuse of the employer's rights. At the same time, one should not forget that the law is on the side of the employee and she has the opportunity to protect her privileges.