Labor code of the Russian Federation pregnant women. Working conditions of a pregnant woman

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 naming the sex or state of pregnancy as a 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 difficult, harmful or dangerous working conditions, 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 for reducing production rates or eliminating any adverse effects, 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 must 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 receiving it will be the same 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? They have special leave associated with the birth of a child. The familiar term "decree" actually combines two different holidays: 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 disability certificate (). 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 an 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 to 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 require a statement of claim, to which it will be necessary to attach documents that serve as evidence of the employer's wrong.

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.

Registration of preferential working conditions is in the sphere of regulation of the law. It contains all the rules that relate to the granting of rights for pregnant women.

They have the broadest positions in this regard and they can claim a lightweight schedule.

But it is necessary to demand the implementation of the norms on the basis of the Labor Code of Russia and understand how all the nuances in this document function.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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What is the list of restrictions

The spread of the norms of the law affects several categories of persons in this position. All provisions are established by Article 259 of the Labor Code of Russia.

The possibility of transferring citizens who are in the status of pregnant women and women who have children under the age of 1.5 years is negotiated.

In this case, the regulatory legal act prescribes the following positions on the restriction:

• direction on business trips;
• provision of overtime work;
• activities at night, weekends or holidays.

If a woman has children under 3 years old, then she can make such options, but only with her own consent. It is documented and correlated with the absence of medical prohibitions.

The same set of guarantees works for people who independently raise a child up to five years of age. The rule applies to both single mothers and fathers.

Features of work activity

The conduct of all moments is based on the same legislation. Regulation provides for the following options:

For women who have children, up to a year and a half can be transferred to another place. This is carried out on the basis of the impossibility of performing the previous volumes of tasks.

Payment is kept at the average level. All the norms of such control are spelled out in article 254 of the labor legislation of the Russian Federation.

Rights of pregnant women

The positions on the rights that a pregnant woman has in the structure of permanent employment are spelled out in the same regulatory document. But most of the provisions should be considered on the basis of Article 261.

They prescribe the following algorithms:

The right of the employee is not to name the status of a woman in position when applying for a job. But in the course of activity, it is still worth reporting this - in order to obtain the appropriate guarantees and conditions.

Norm of hours per week

There is no established procedure for reducing working hours for pregnant women. They can carry out their activities in the standard mode.

If a decision is made to transfer to milder conditions, then you can count on several schemes to reduce hours per week:

The employer is obliged to establish, draw up a convenient schedule and obtain consent to it from the woman.

Terms of payment (salary)

When a woman is transferred to easy working conditions, the legislation obliges the employer to keep her average income.

At the same time, there are situations in which the salary in the new position is higher than the SZ in the previous position.

Differences in the adjustment of calculations fit into the following framework:

How to transfer to another job

As can be seen from the document, another important form is the conclusion of the doctor. He should indicate the need to transfer a woman - in accordance with health standards.

A positive decision at the enterprise is fixed by order. In order to establish new conditions, the procedure for the functions of a citizen, it is necessary to create an additional agreement to the employment contract.

Familiarization is carried out on the terms of affixing a signature - as a sign of agreement with the foregoing.

When does the easy labor period end?

The standard situation for terminating such a procedure for performing actions is writing a statement.

This can happen for several reasons:

What are the working conditions

Features of structuring conditions suggest that the employer will perform a number of positions.

Light work for pregnant women The Labor Code in 2019 describes it as such that excludes the possibility of:

• actions associated with the transfer of weights;
• positions on the assembly line;
• emotional and psychological stress;
• the presence of harmful, toxic substances in the environment.

But depending on the area of ​​professional employment, positions may vary slightly and have their own characteristics.

In the field of trade

In this case, the harmfulness at the place of employment is associated with positions that are present in trade.

For example, when a woman is employed in the sales of household chemicals. Despite the relative safety, it is worth limiting the influence of this kind of fumes.

The same goes for hard work. Often the work of the seller is associated with the movement of large volumes of goods during the working day.

A prescription in this area can be obtained from a doctor. You should describe to him the features of the work and he will identify the presence or absence of negative factors.

Video: transfer to light work

In medicine

This area suggests contact with the same chemicals. They have the greatest impact on laboratory workers. After all, when conducting research, chemicals, solutions and antiseptics are used.

The revision of the conditions may consist in transferring to a different operating procedure. For example, for the general filling of forms, documentation. Which is much more favorable than the constant influence of drugs.

in banks

Regarding this area, there is only one risk - interaction with computer technology. Until the end, the issue of health effects has not been studied.

Maria Sokolova

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It is no secret that in our country the rights of pregnant women are violated quite often. They do not want to be hired, and for those who work, the authorities sometimes arrange unbearable working conditions that a woman is simply forced to quit. To prevent this from happening to you, you need to know the rights of pregnant women at work. That is what we will talk about in this article.

When do I need to bring a pregnancy certificate to work?

Having learned about her interesting position, a woman feels incredibly happy, which cannot be said about her leader. And this is understandable. He does not want to lose an experienced worker, he is already mentally counting his "losses".

And in general, managers, especially men, think only about strict calculations (schedules, plans and possible ways to make a profit).

Therefore, do not waste time, if possible - inform management of your new position as soon as possible , while providing the appropriate document confirming your pregnancy. Such a document is certificate from the clinic or antenatal clinic where you are registered.

Help needed officially register with the personnel department , it must be assigned a corresponding number.

To be extra safe, do a copy of the certificate , and ask for the signature of the head and the mark of the personnel department on its acceptance. So your management will not be able to claim that they knew nothing about your pregnancy.

Do they have the right to fire, lay off a future mother?

According to the labor legislation of the Russian Federation, a pregnant woman, at the initiative of the head cannot be made redundant or fired. Even for a gross violation of the articles: dishonest performance of duties, absenteeism, etc. The only exception is the complete liquidation of your enterprise.

But even in the event of the liquidation of the enterprise - if you immediately apply to the labor exchange, then the experience will be continuous, and you will be credited with monetary compensation.

Another situation may also arise: a woman works on the basis of a fixed-term employment contract, and its validity ends during her pregnancy. In this case, the law in Article 261 of the TCRF on the rights of pregnant women says that a woman can write a statement to the management with a request extend the term of the contract until the end of pregnancy.

This article protects a pregnant woman from losing her job, and gives her the opportunity to safely endure and give birth to a baby.

Not only the Labor Code protects the rights of pregnant women, but also the Criminal Code. For example, Art. 145 provided for the “punishment” of employers who allowed themselves to refuse employment or fire a woman , which is in position. According to the law, they are subject to a fine or community service.

In case you were nevertheless fired (excluding drunkenness, theft and other illegal acts), you, having collected all the necessary documents (copies of the employment contract, dismissal order and work book), you can apply to the court or to the Labor Inspectorate. And then your legal rights will be restored. The main thing is not to delay this issue.

Labor Code on the Rights of Pregnant Women

If you are in a "position" or have a child under the age of 1.5, then the labor code not only protects your labor rights, but also provides some benefits.

So, articles 254, 255 and 259 of the TKRF guarantee that, according to the medical report and personal statement, a pregnant woman should:

• Reduce rate service and production rate;
• Transfer to a position that excludes the influence of harmful production factors , but at the same time her average salary remains the same. Before the transfer of a pregnant woman to a new position, she must be relieved of her work duties while maintaining her salary;
• Pay for working time that was spent on treatment and medical care ;
• A woman in a "position" is supposed to maternity leave.

In addition, a pregnant woman certain types of employment are prohibited :

• You can not lift and carry weights more than 5 kg;
• Work associated with continuous standing, frequent bending and stretching, as well as work on stairs;
• Work on weekends, night shifts, as well as overtime work, business trips;
• Work related to radioactive substances and poisons;
• Work related to transport (conductor, stewardess, driver, controller);
• Some activities (for example, a pregnant woman suffering from toxicosis will not be able to work as a cook).

If you want to exercise your right and switch to easy work that excludes the influence of harmful factors, you need to write statement and provide doctor's note. This transfer should not fit into the work book, since it is temporary.

In addition, if a woman feels that it is difficult for her to work an eight-hour day, you can go to a part-time job. This right guarantees her Art. 95 of the Labor Code.

The Labor Code maximally protects the rights of working pregnant women. But there are times when an employer tries by any means to violate the rights of women in a position.

If it did not work out to solve the problem peacefully, you need to apply with an application and all medical certificates to Labor Protection Inspectorate.