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Prejudicial attitude towards pregnant women when applying for a job or already at work is one of the forms of discrimination. It is quite widespread; it is rare that an employer will gladly hire or keep an employee who, for one reason or another, cannot work fully. This is why many women, when they discover they are pregnant, fear how such a joyful event will affect their career.

Rights of a pregnant woman at work

The rights of a pregnant woman under the Labor Code are regulated by certain articles from 254 to 261 of the Labor Code of the Russian Federation. Their essence is reflected in the following aspects:

  • maternity leave is paid in full by the employer, regardless of how much time was worked;
  • When an employee goes on maternity leave, she retains her current workplace at the same salary level, at the same time seniority continues to accrue in full;
  • the employer does not have the right to dismiss this employee on his own initiative; in this regard, only dismissal by agreement of the parties or dissolution of employees in connection with the termination of the organization’s activities is available;
  • If employment contract urgent, and its validity period ends during pregnancy, the woman must submit a corresponding application for its extension, while the employer may not remind her of this, but also has no right to refuse;
  • For failure to perform official duties, a pregnant woman also cannot be dismissed under Art. 81 of the Labor Code of the Russian Federation, in this case it is protected by Article 261 of the Labor Code;
  • during probationary period An employee also cannot be fired if she is pregnant.

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Rights and responsibilities of a pregnant woman at work

In the current realities, it is quite difficult to combine such concepts as pregnancy and work - the rights of pregnant women under the Labor Code, although they protect against overt discrimination, do not guarantee normal working conditions. In fact, with pregnancy, a woman’s responsibilities at work do not change in any way. However, she has every right to demand a loyal attitude to her position:

  • reduction of working hours;
  • transfer to easier working conditions that exclude heavy lifting, contact with harmful substances and other aspects harmful to health;
  • appropriate working conditions, implying a comfortable, ventilated and bright room, no large quantity techniques and other points.

In this case, the woman will have to write all the necessary statements herself, as well as provide the relevant certificates. The employer is obliged to retain her position and the established salary, but may offer vacancies that are more suitable for her condition.

In connection with pregnancy, a woman herself may well, according to the Labor Code, count not only on relaxations, but also on complete failure to fulfill her duties. Many people use this to their advantage, since the maximum that the employer can do in this case is to deprive her of bonuses. However, do not forget that the pregnancy will end in any case, and then you will have to show maximum efficiency if the employer is ready to fire the negligent employee at the first opportunity. That's why the best option will perform its duties as best as possible in the current situation.


Do they have the right to fire a pregnant woman from her job?

Do they have the right to dismiss a pregnant woman from her job? this moment becomes one of the most relevant when pregnancy is detected. And not only for the employee herself, but also for the employer too. The legislation of the Labor Code makes it clear that pregnant women cannot be fired under any circumstances. It is also impossible to recall her from vacation, even with her own consent. In fact, there are only three reasons why such a worker could lose her job:

  • the position held is related to working conditions that are incompatible with pregnancy, in this case the employer is obliged to provide all available vacancies that meet the required conditions, and only if the woman does not agree to them can she resign;
  • mutual agreement of the parties is also an opportunity to stop working;
  • organization or individual entrepreneur ceases its activities.

Protecting the rights of pregnant women at work

When an employer acts in bad faith, there is often a need to protect one’s rights. An important point in this case, there is written evidence that the pregnant woman addressed the necessary issues, but these appeals were either rejected or ignored.

A complaint against a company in case of discrimination can be filed with the labor inspectorate, the prosecutor's office or the courts. In this case, you can incur not only administrative, but also criminal liability for infringement of rights in accordance with the Labor Code.

Infringement of the rights of pregnant women at work

The question of whether they have the right not to hire a pregnant woman is quite popular, especially considering that organizations very rarely voice the reasons for refusal. It is worth understanding that no one needs a pregnant employee - this is an unpleasant moment, but it is real.

Therefore, in this case, you can request a written certificate of refusal. If the applicant has all the necessary skills for the vacancy, but she was rejected for some trivial reasons, this option may well become a reason for going to court.

Also, pregnant women should know that according to the Labor Code they are not required to report their status when applying for a job, just as no one has the right to demand such recognition from them. However, at work you need to report pregnancy in order to receive all necessary conditions labor.

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

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

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

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

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

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

Labor rights at work

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

Visiting a doctor during business hours

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

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

Changes in working conditions

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

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

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

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

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

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

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

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

Work responsibilities during pregnancy

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

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

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

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

Benefits upon dismissal

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

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

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

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

Hiring a new employee to replace a maternity leaver

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

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

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

The first and main recommendation of gynecologists to all women bearing a child is the absence of worries and rest at the first signs of fatigue. However, the reality is that most women combine pregnancy and work, but not all have the opportunity or desire to adjust their schedule or responsibilities to the changing conditions. Some people are afraid of the sidelong glances of their bosses and colleagues, some devote all their energy to their favorite job, forgetting about sleep and rest, others focus on making money so that after childbirth they can calmly recover and care for their child.

Stress, hazardous work, night shifts, early rises and haste clearly harm the health of the mother and unborn child, while work with normal conditions and a schedule that allows you to take a break helps distract you from the worries and fears common during pregnancy. How to build a relationship with an employer so that you don’t have to choose between pregnancy and work? What rights and responsibilities do expectant mothers have, and what do employers have?

Labor Code provides special guarantees for expectant mothers, making it possible to protect this category of workers, which is not very popular with employers. This applies not only to employees, but also to those who are just entering new job, since pregnancy cannot be a basis for refusal of admission. Such women cannot be given a probationary period.

Many employers hedge their bets by stipulating this provision in the employment contract, however, for pregnant women this clause will be illegal. This also applies to cases where the employee finds herself in a position at the end of the probationary period.

With regard to leaves of absence from work, the Labor Code guarantees the following rights to women during pregnancy::

  1. The next leave can be granted as scheduled either immediately before or immediately after maternity leave. Moreover, it can also be taken by those women whose work experience at the enterprise is less than six months, whereas in general, employees can go on vacation only after 6 months of work.
  2. It is impossible to recall an employee from vacation even if she agrees to it.
  3. It is unacceptable to compensate with money unused vacation, a pregnant woman must realize it completely.
  4. Maternity leave is granted for 140 days (in general), 156 (if), 160 (if living in a radioactive territory) or 184 (if) days. It starts 70 days in advance (in general), 90 (for those living in radioactive territory) or 84 (for multiple pregnancy) days before birth. The duration of leave does not depend on length of service, position, wages or other similar factors. During pregnancy, it is paid after providing sick leave in accordance with federal laws based on the average daily earnings at work, and the source Money is the Social Insurance Fund, not the employer. If a woman decides to work even when she is 8-9 months pregnant, she receives a salary, but not a benefit - it is accrued only after she goes on vacation.

Working conditions

The Labor Code provides for the possibility of relaxing the requirements for results and work schedule when an employee’s pregnancy is confirmed, this includes reducing production standards or transferring to another job while maintaining average earnings. If such a transfer took some time, the woman is released from work for this period while maintaining the average salary. The basis is a medical certificate or a statement from the employee herself.

Another one common reason for worries - safety. As for the specific influence of technology, scientists do not have a clear opinion on the effect of radiation and electromagnetic fields, but various eye diseases due to constant stress are a very real problem. According to the law - SanPiN from 2003, the time of working at a computer during pregnancy is limited to 3 hours per shift, however, few people know about this.

Features of work during pregnancy

During pregnancy, laws provide for relief from a heavy work schedule.

Such employees should not be employed:

  • at night time;
  • overtime;
  • on a rotational basis;
  • on holidays and weekends;
  • on business trips.

No pregnancy is complete without regular visits to the antenatal clinic and other medical examinations. The employer is obliged to release the employee to visit doctors and take tests, and the average earnings for this period are maintained.

If with physical activity and harmful working conditions are all clear, is it possible to do sedentary work during pregnancy? Taking into account changes in the body, this can be fraught with stagnation of blood in the pelvis and increased load on the intervertebral discs. These consequences of sedentary work during pregnancy can be avoided if you choose the right chair, take breaks for 15-20 minutes every hour and forget about the cross-legged position.

At the request of the employee, she should be given a schedule with a part-time work week or part-time day. Under normal conditions, such a regime is established by agreement of the parties, but in the case of a pregnant woman, her unilateral demand is sufficient.

When is it necessary to bring a pregnancy certificate?

Proof of pregnancy for the employer is a certificate from the antenatal clinic. This document is received only if necessary. If the employee does not, for example, have overtime, night shifts, or hazardous conditions, and the employer has no problem letting her go for medical examinations and does not plan to fire her, then you can do without a certificate.

On the other hand, for transfer to other conditions or mode of work, as well as in case of controversial situations, it is necessary as early as possible. At work, a pregnancy certificate must be registered immediately after receiving it.

Pregnancy changes a woman's attitude towards herself and work. Not everyone can maintain the same pace of life, the body is rebuilt, which leads to drowsiness, memory problems and feeling unwell, and physical work during pregnancy becomes especially difficult. On the other hand, pregnancy is not a disease, and the expectant mother may well continue to live as she is used to, but with some nuances.

Remember, your main task is to bear a child, and stress, overwork, and lack of sleep bring with them complications for the health of the mother and fetus. Don't overexert yourself - physically or mentally. Feel free to relax, have a snack, or go out for air. Ask for shorter hours or different working conditions if necessary. This can be problematic, for example, when working in kindergarten during pregnancy, you may only be offered a shortened shift while retaining all responsibilities, however, if necessary, you can ask the gynecologist to send you on sick leave.

Pregnancy in itself is not a contraindication to work, but in some cases the gynecologist may insist on the need for inpatient or outpatient treatment. , like spotting, pain, lack of movement - this is a reason to quit all work, no matter how important they may be.

When to talk about pregnancy at work, each woman decides for herself, taking into account all the pros and cons. If you do not want attention from colleagues, are afraid of problems, or work requires maintaining your appearance, for the first 3-4 months you can hide your condition with the help of clothes, however, then it will be difficult to do this.

If you announce your pregnancy in the first weeks, try to maintain a balance between the changing capabilities of your body and professional requirements. Simply put, if, under the pretext of pregnancy, you shift all your work to your colleagues in the office, a good relationship you are unlikely to stay with them, and your reunion with the team after maternity leave will become very complicated.

Employers are usually not eager to hire pregnant women. They do not have the right to refuse a position for this reason, but the motivation may be different. If you are getting a new job, it is better to hide your pregnancy; instead, try to prove yourself as a competent specialist and responsible employee - this will help maintain your relationship with the employer and give you the opportunity to calmly return to this position after maternity leave.

Dismissal and reduction

Many people know that a pregnant woman cannot be fired or made redundant. Even if the employer did not know about the employee’s condition at the time the decision was made, she can easily recover through the court. However, this statement is valid only when an open-ended employment contract has been concluded with her.

Situations when a woman can still lose her job:

  1. Liquidation of an organization or termination of the activities of an individual entrepreneur.
  2. Fixed-term employment contract. If it is concluded during the absence of another employee, the employer is obliged to offer other vacancies suitable for working conditions. If the transfer is impossible, the woman will be fired. If a fixed-term employment contract is not “tied” to the return of another employee to work, then it is extended until the end of pregnancy or maternity leave, and the employee must provide confirmation of her condition (a certificate from a gynecologist) at the request of the employer.

Returning to work after having a baby

The application for maternity or child care leave indicates the duration of the woman’s absence from work, and after its end she has the right to return to work in the same position. A woman can interrupt her vacation and leave early by writing a statement to her employer. She retains the amount of benefits paid and receives the right to a reduced day.

Most often, there are two main problems - availability small child and the need to get used to work again. For young mothers, the laws provide for some concessions - shortened working hours, vacations, sick leave, but time and effort will have to be devoted to restoring professional qualifications and adaptation.

It is no secret that not everyone follows the laws. If you come across an unscrupulous employer, do not argue and calm down. Your task during pregnancy is to maintain your nerves and strength, and the labor inspectorate, court, prosecutor’s office, or in some cases a higher organization will deal with violations at work. In most conflict cases, the law is on the side of pregnant women.

Useful video about working during pregnancy and going on maternity leave

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Current legislation protects pregnant women working in enterprises, institutions, and organizations. The system of provided rights and benefits, in theory, should create conditions under which a pregnant woman, without stopping her work activity, takes care of the health and well-being of her unborn child. How well the current Labor Code (LLC) copes with this task is a controversial issue. But every woman should know her rights, so we will highlight the main labor benefits of pregnant women according to today’s documents.

Your rights

You have no right to refuse employment First of all, Article 170 of the Labor Code prohibits denying employment to pregnant women for reasons related to pregnancy. This norm, unfortunately, often turns out to be just a declaration, and it is almost impossible to achieve its implementation in practice. Although the law says that a refusal to hire can be appealed in court, the employer can always find a plausible excuse to justify it. For example, he will refer to the lack of vacancies or to the fact that the position went to a more qualified specialist. It should be said that the legislation even provides for criminal liability - a fine of up to 500 minimum wages (minimum wage is the minimum wage, in 2001 it is 100 rubles) for an unjustified refusal to hire a pregnant woman or her illegal dismissal. However, cases of conviction under this article are rare, although it is no secret that this happens very often in life.

You can't be fired This article of the code also prohibits the dismissal of women during pregnancy at the initiative of the employer, regardless of the grounds (absenteeism, failure to fulfill official duties, staff reduction, etc.). At the same time, according to the explanation of the Supreme Court, it does not matter whether the administration knew about the pregnancy of the dismissed person or not. This means that the court must reinstate a woman fired for any reason and at any stage of pregnancy. The only exception is the complete liquidation of the enterprise, when the organization’s activities as legal entity stops. But even in this case, the law imposes on the employer the obligation to employ a pregnant woman, and until she finds a new job, pay her an average monthly salary for three months from the date of dismissal.

You cannot be assigned to overtime, night work, or sent on a business trip. A pregnant woman cannot be involved in overtime work or sent on a business trip without her prior written consent. But even with her consent, the administration does not have the right to assign her work at night and on weekends (Articles 162 and 163 of the Labor Code).

You are required to reduce production standards During pregnancy, in accordance with a medical report, a woman’s production standards at the enterprise are reduced or she is transferred to a higher level. light work, excluding exposure to harmful factors. At the same time, she retains the average salary for the position in which she previously worked. It is advisable that the organization provide in advance positions where pregnant women can be transferred. For example, a woman working as a courier for a company can be transferred to an office job during her pregnancy, which does not involve traveling around the city.

You have the right to an individual work schedule During pregnancy, a working woman has the right to demand that the administration establish an individual (flexible) schedule labor activity. According to Art. 49 Labor Code, it is allowed to establish a part-time working day and (or) a part-time working week. The specific working conditions of a pregnant woman are determined by a separate order for the enterprise, which specifies the working time, rest time and days on which the pregnant woman has the right not to go to work. In this case, wages are paid in proportion to the time worked. However, restrictions on the rights of a pregnant woman are not allowed, including the reduction of her annual leave, work experience is maintained (including preferential and length of service), bonuses are paid, etc.

You have the right to medical care Article 170(1) of the Labor Code “Guarantees when pregnant women undergo a mandatory medical examination” states: “When pregnant women undergo a mandatory medical examination in medical institutions, the average earnings at their place of work are retained.” In practice, this means that a woman should submit to the administration documents confirming her stay in a antenatal clinic or other medical institution, and on the basis of these documents, the time spent visiting a doctor will be paid to her as work, although the law does not specify limit quantity possible visits to the doctor, and the administration of the enterprise does not have the right to create obstacles for a woman to undergo a medical examination.

You have the right to paid maternity leave According to Art. 165 Labor Code, women are provided with additional maternity leave of 70 calendar days. This period is increased in the case of:

  • multiple pregnancy established by a medical certificate - up to 84 days;
  • if a woman works and lives in an area contaminated by radiation due to man-made disaster (Chernobyl accident, waste discharge into the Techa River, accidents at the Mayak Production Association, etc.) - up to 90 days. Women who have resettled (evacuated) from these territories have the same benefit.
  • if a longer leave is established by the legislation of the region where the woman lives (to be honest, I have not yet come across a region where a longer period of maternity leave has been established, but such a possibility is provided for by law, and it is quite possible that in the future Moscow, for example, will be given a longer term).

Law ( Art. 166 Labor Code) provides for a woman the right to accumulate annual leave and maternity leave, regardless of how long she has worked at the enterprise, even if her length of service is less than that required to receive next vacation 11 months. Maternity leave is paid in the amount of 100% of earnings, despite the length of service in this organization (it should be borne in mind that the calculation of the amount of leave pay is made depending on the actual income received for the last three months before the leave, that is, if you, at your request, If a part-time working week was established with a proportional reduction in salary, then vacation pay will be less than if you worked full time). If the minimum wage increases during pregnancy, the amount of vacation pay also increases proportionally. If during pregnancy a woman is fired due to the liquidation of the organization, then within 12 months from the date of dismissal, in addition to the average monthly earnings (which has already been mentioned) on the basis Federal Law“On state benefits for citizens with children” from May 19, 1995, 1 minimum wage is paid monthly. These payments are made by social protection authorities at the place of residence.

How to fight for your rights

Unfortunately, in our country the situation very often develops in such a way that knowing about your rights is not enough. It is necessary to have an idea of ​​how to quickly and effectively protect them in case of unlawful infringement. Regarding the labor rights of pregnant women, we can give some advice that will allow them to resist arbitrariness on the part of the enterprise administration.

  • First of all, to receive any of the listed benefits you should formally contact the administration of the enterprise requesting her appointment. An application is sent to the head of the organization (in writing), which sets out what benefit needs to be established and how. For example, if we're talking about about the introduction of an individual work schedule for a pregnant woman, then a specific schedule of her work activity should be indicated. It is better to draw up the application in two copies, one of which will bear a mark indicating its acceptance by the administration - this will serve as proof of the very fact of applying for the benefit. As practice shows, an official appeal has a purely psychological effect on the administration of the enterprise, which prefers not to get involved with power structures on a possible complaint from a woman if her interests are violated. Often one written statement means more to management than dozens of verbal requests.
  • If negotiations with the administration of the enterprise did not bring the desired result, and the benefit is necessary, then you should appeal the illegal refusal to the authorized government bodies. First of all, there is the possibility of filing a complaint with State Labor Safety Inspectorate, which by force of law is obliged to monitor compliance by all employers with labor legislation, incl. and providing pregnant women with the necessary guarantees. The complaint must also be made in writing; a pregnancy certificate issued by medical institution. A complaint can be made in the same way prosecutor's office, and simultaneous appeal to both power structures is quite acceptable.
  • The extreme measure of protecting one’s rights should be recognized going to court, which is carried out in accordance with civil procedural legislation and could be the topic of a separate discussion. It is important to keep in mind that labor disputes have a reduced time limit. limitation period- three months from the moment when the employee learned - or should have known, based on all the circumstances of the case - about the violation of his rights by the employer. However, a pregnant woman has the right to demand the restoration of this period, taking into account the period of pregnancy. If we talk directly about the trial, then the best option here can only be qualified legal assistance from a lawyer, without which you cannot do without it in a dispute with the management of the organization.