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

What are the labor rights of a pregnant woman?

Labor rights of a pregnant woman when applying for a job

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

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

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

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

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

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

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

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

Pregnancy and work: working conditions

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

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

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

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

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

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

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

Piecework and/or conveyor work,

Night shifts (from 10 pm to 6 am) or work on weekends and holidays, as well as overtime work and business trips,

Work involving contact with poisons, radioactive and infectious substances,

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

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

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

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

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

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

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

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

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

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

A non-basement type room with good lighting, ventilation and normal temperature and humidity.

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

Labor rights of a pregnant woman upon dismissal

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

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

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

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

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

After your birth, the employer can either fire you due to the expiration of the fixed-term contract, or enter into an open-ended contract with you at your request.

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

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

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

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

Shortened working hours for pregnant womenis one of the privileges that a working woman can take advantage of while expecting a baby. The answer to the question about under what conditions work time can be abbreviated, you will find in this article.

Which pregnant women are entitled to reduced working hours?

The main document that enshrines labor guarantees for pregnant women is Labor Code. Among other things, he talks about the possibility of reducing working hours for the expectant mother.

Every employee has the right to have her work hours reduced while she is expecting a child. The duration of pregnancy does not matter: even at the earliest stage (subject to confirmation by a doctor of the fact of pregnancy), a woman can switch to working part-time.

The duration of work is reduced only on the initiative of the expectant mother herself. She has every right to work, as before, 40 hours a week, and the employer cannot impose a reduced schedule on the woman. If a pregnant employee decides to exercise her right to reduce her working hours, then the employer is obliged to reduce her working hours.

At the same time, a pregnant woman does not have to prove that a reduction in working hours is indicated for her health reasons - she is only required to confirm the fact of pregnancy itself. This is due to the fact that the state of pregnancy in any case is a burden for the body, and rest from work always has an impact positive influence on the health of the expectant mother.

It should also be noted that the norms of the Labor Code are equally binding on all employers. Therefore, private organizations and individual entrepreneurs with employees, just like government agencies, must establish a shortened working day for pregnant women at their request.

Rules for reducing working hours

There are 3 options for working part-time:

reducing the daily shift while maintaining the same length of the work week;
reducing the number of working days while maintaining the usual shift duration;
reducing both the duration of the daily shift and the number of working days.

The law does not establish exactly how many hours the working hours should be reduced for a pregnant employee. This issue, as well as the specific work schedule, is resolved by mutual agreement between the employee and the employer. In practice, pregnant women are usually either shortened their working day by 1 hour or given an additional day off.

It should be noted that the law obliges the employer to reduce working hours to at least 35 hours per week if an employee under 18 years of age is pregnant or has a Group 1 or 2 disability. But in in this case the need to reduce work is related to age or health status, and not to the fact of pregnancy.

Women who plan to exercise the right to reduced working hours should keep the following in mind:

in proportion to the decrease in the number of working hours, wages will also decrease;
if a pregnant woman goes on maternity leave in the current calendar year, then such a reduction in salary will not affect the amount of maternity payments, since when calculating maternity benefits, earnings for the past 2 calendar years are taken into account;
A reduction in working hours will also not affect the duration of annual or maternity leave and the calculation of seniority.

How is a reduction in working hours processed?

To confirm her right to reduce working hours, the employee must obtain a pregnancy certificate from the antenatal clinic. After this, you need to write an application at your place of work regarding the establishment of reduced working hours and attach this certificate to it. Such a statement is written addressed to the head of the organization, but it would be useful to prepare it in 2 copies, so that the second one is marked personnel service about acceptance - remained in his arms.

The application must indicate how many hours the employee wishes to reduce her working time and what exactly should be reduced - the working day, the working week, or both.

In addition, the application must indicate for how long the employee wishes to work part-time. The fact is that it is not at all necessary to switch to a reduced schedule until you go on maternity leave. If a woman wishes, such a work schedule can be set for her for a short period of time (for example, several weeks or months).

To formalize a new work schedule for a pregnant employee, the employer must prepare the following documents:

additional agreement to the employment contract (it reflects the new work schedule, as well as the amount of the proportionally reduced salary);
order to change the work schedule.

Until these documents are published and familiarized with them, a woman should not reduce her working hours, since such behavior may be regarded as a violation of work regulations.

If the employer refuses to reduce the working hours of a pregnant employee, then the only way out is to file a complaint with the labor inspectorate or court (See.

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The rights of pregnant women at work are often violated by employers. Controversial situations often arise. Therefore, it is useful for any pregnant woman to know her rights and responsibilities. The state carefully protects the rights of pregnant women at work.

A special category of benefits is provided for a woman expecting a replenishment. All of them are enshrined at the legislative level. If these privileges are violated, pregnant women have the right to file a complaint with the labor inspectorate. The dispute will be resolved, the manager will be obliged to comply with the requirements of the law.

The Labor Code of the Russian Federation establishes what rights a working pregnant woman has:

providing more easy conditions labor;
It is prohibited to place pregnant women on night shifts;
work on weekends and holidays, overtime work and business trips are possible only with the written consent of the pregnant woman;
expectant mothers are entitled to additional breaks;
dismissal and layoffs of women while expecting a child is impossible (except for the complete liquidation of the enterprise);
a woman does not have the right to be called to work after going on maternity leave and subsequent child care;
upon written application, monetary compensation is provided for early registration (up to 12 weeks), as well as payment of other monetary benefits for pregnancy and childbirth;
allowed to leave workplace for regular visits to the doctor managing the pregnancy.

The management of the organization does not have the right to prohibit or interfere with scheduled appointments at the antenatal clinic, as well as undergoing routine medical examinations with other specialists. Upon presentation of certificates confirming a visit to a doctor, this time is paid in full (according to Article 254 of the Labor Code of the Russian Federation).

If you are dismissed due to the cessation of the organization's activities, you must contact the employment center. A pregnant woman is entitled to monetary compensation, and her work experience is not interrupted. When a woman works under a fixed-term employment contract and its terms end during pregnancy, the organization’s management cannot fire the employee. The contract can be extended until you go on maternity leave. When an employee takes the place of a maternity leaver and reports her position before the end of the employment contract, the law obliges the employer to provide her with an appropriate free position and working conditions. If there is no suitable vacant position or a woman in this position does not agree to remain at work, according to the Labor Code, management can fire her.

Job responsibilities

The rights and responsibilities of a pregnant woman at work are stipulated in the Labor Code. The rights that a pregnant employee has have expanded, but no one has removed her work responsibilities. The main responsibility of a woman in this position is considered to be timely notification to the manager about the upcoming maternity leave. This will simplify working relationships: the pregnant woman will be provided with easier working conditions (if necessary) and the employer will have enough time to find a replacement for the main employee. To do this, it is enough to provide the HR department with a copy of the certificate from the antenatal clinic, which is given upon registration.

The personnel officer will register it in the incoming documentation, indicating the number and date of presentation. In this way, the expectant mother will protect herself: in a controversial situation, the organization’s management will not be able to refer to the fact that they were not aware of the woman’s situation. The remaining responsibilities include those that existed before pregnancy: work in accordance with the organization’s charter and labor instructions, do not miss work without a good reason.

Many women take advantage of the fact that pregnant women cannot be fired and do their work poorly. Some do not perform work duties at all. But it’s worth thinking about the future - at the first opportunity after the employee returns from maternity leave, the employer will try to fire her, and you can’t count on positive recommendations. Do not forget about respect for other people's interests, demanding that others respect their labor rights.

Pregnancy and new job

It often happens that a pregnant woman thinks about getting a job. Do they have the right to refuse her in such a situation, are pregnancy and work compatible? The head of an organization does not have the right to refuse to fill a vacant position solely because of pregnancy; this is clearly stated in Art. 64 Labor Code of the Russian Federation. Moreover, expectant mothers in our country are prohibited from having a probationary period, that is, they are immediately employed. But negative practices in this area are currently widespread.

Refusal to hire can only be due to non-core education or absence of a vacant position. In other cases, refusal is illegal. Therefore, if a violation of rights has occurred, it is necessary to ask for a written refusal, and then contact the labor inspectorate or court. As a rule, the employer will not directly violate the law and will hire a woman in this position. If the violation is confirmed, the employer will be subject to an administrative penalty, and will also be required to hire a pregnant woman and pay her compensation for moral damages. A pregnant woman may not report her situation during the interview; this will not be grounds for her dismissal in the future. Great importance has a concluded contract: it must be an employment contract, and not a civil law one. Otherwise, a pregnant woman will not be able to take advantage of all the social guarantees provided by the state in accordance with the Labor Code of the Russian Federation.

Often the expectant mother herself asks to be transferred to a new place of work, or the head of the organization demands this. There are no obstacles here, but if an employee does not want to transfer to another workplace, then she has no right to force her to do so. An employer can transfer a pregnant employee without her consent only to easier working conditions. For example, a woman worked at a computer, she may be transferred to a place where there is no work with equipment or the time spent on it is minimized.

Special working conditions

Pregnant women are entitled to special working conditions. The expectant mother can request a transfer to part-time work: the specific time is negotiated individually with the management, but the salary is reduced in proportion to the working time. Working with a computer and other office equipment should not last more than 3 hours in a row. If changing these conditions is impossible, for example, in the office, then the employee is given an additional break for rest.

Legislation also protects women if the workplace is in a draft, in a room with high humidity or in other harmful conditions: a pregnant woman with a doctor’s certificate can request a transfer to another job. If work for pregnant women involves regular lifting of weights, the weight of the load should not exceed 1.25 kg. If lifting heavy objects is part of another activity (i.e. there is a change of work), it is allowed to increase the weight to 2.5 kg. But in any case, it is recommended to ask for a transfer to light work in order to reduce the risk of miscarriage. When providing a doctor's opinion on contraindications to heavy work, the manager must immediately transfer the employee. Wages remain the same. If a pregnant woman has annual paid leave before her maternity leave, the employer must provide it. Even if no one insists on it.

Expectant mothers often wonder whether maternity leave is included in their work experience. 70 days before childbirth and 70 days after childbirth are included in the insurance period. This time is included in the length of service and is taken into account when determining pension payments. This period is paid on sick leave, the amount of the benefit depends on the salary for the last 2 years.

The right of pregnant women to work under the Labor Code is protected by law, and cases of violation are carefully monitored by established trade unions and the labor inspectorate. Pregnant women need to know their rights, comply with work obligations and not be afraid to contact the above-mentioned authorities in cases of infringement.

May 26, 2017 zakonadmnin

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

Restrictions on areas of work

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

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

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

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

Overtime work

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

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

Easy work

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

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

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

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

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

Maternity leave and work

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

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

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

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

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

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

Important: maternity leave in the Russian Federation is paid. Payments depend on the amount of wages that a woman giving birth received on average at the company. In Russia, minimums and maximums for maternity compensation have been established.

Vacation before childbirth

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

A woman may request additional leave before, after, or after the period of caring for the baby. It is provided upon request of the employee. Does not depend on the time of cooperation with the applicant. Such a 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 of a woman in position in a company causes a lot of trouble for the employer. Especially if a woman decides not to quit before becoming a mother.

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

The following are entitled to maternity leave:

any of the baby's parents;
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. IN real life Most often, it is women who care for newborn babies.

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

Breastfeeding and work

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

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

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

Medical examinations

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

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

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

About earnings

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

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

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

Widespread use of female labor

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

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

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

Reduction

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

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

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

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

Dismissal of a woman

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

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

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

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

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

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

Closing a company

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

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

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

Fixed-term employment contract

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

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

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

Dismissal procedure

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

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

If a pregnant woman wants to quit, she needs:

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

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

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

Loopholes in legislation

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

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

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

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

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

Labor law in relation to women in “position”

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

Workplace for a pregnant woman: nuances

A ventilated room, calm, soft lighting, including natural lighting, optimal microclimate (air temperature, relative humidity), absence of changes in barometric pressure - these are just some of the basic conditions necessary for the expectant mother at her workplace for a smooth pregnancy. This should also include the lack of nearby innovative technical equipment, modern copying, duplicating office equipment, and PCs.

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

Is part-time work possible?

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

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

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

Harmful production factors

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

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

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

Guarantees regarding taking annual paid leave

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

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

Maternity leave

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

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

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

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

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

Exceptions to the rules

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

Rights of the expectant mother when applying for a job

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

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

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

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

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

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