Work and pregnancy laws. Fixed-term employment contract

Labor legislation of the Russian Federation gives pregnant women special rights in comparison with other workers. They have whole line benefits, which will be discussed in this article. Every woman who has provided a certificate from the antenatal clinic confirming registration in connection with pregnancy can take advantage of the privileges. This certificate is registered with the personnel department.

Pregnancy and working conditions

Many of the benefits provided to pregnant women are related to working conditions. So, in article 254 of the Labor Code of the Russian Federation it is said that at the request of a woman, she can reduce the production rate. In addition, it is possible to transfer to another job, excluding the impact of harmful factors. At the same time, the woman retains both the position and the average earnings.

Earnings are also saved when a woman is absent from work in connection with the passage of a mandatory dispensary examination. In this case, the woman must provide the employer with certificates from the clinic confirming her absence from work for this very reason.

Pregnant women are exempt from certain types of work: they are forbidden to lift weights over 2.5 kilograms, work night shifts, and come into contact with hazardous substances.

According to the law, a woman must change the type of activity in the case of piecework, conveyor work, in the presence of frequent business trips, etc.

To translate to more simple work a woman needs to write a statement asking for a transfer and support it with a certificate from a doctor. This procedure will not be reflected in work book and will not affect the size wages.

Article 90 of the Labor Code of the Russian Federation allows a pregnant woman to work part-time as agreed with the employer. In this situation, the labor and insurance record of the pregnant woman cannot be adjusted, but the wages will depend on the hours actually worked.

The legislation also defines the requirements for the workplace of a pregnant woman: the room must be equipped with ventilation, must have normal air temperature and humidity. The workplace should not be located near copying and duplicating equipment. It is necessary to work at the computer no more than three hours in one shift. And although today it is difficult to imagine in practice, women should still be aware of the existence of such rights and at least take periodic breaks from working at the computer.

Rights and obligations of pregnant women at work

The rights of pregnant women are reflected in several articles of the Labor Code of the Russian Federation (Articles 254, 255, 259, 261 and others).

The basic rights indicated in the document include the following:

the right not to go to work on weekends and holidays do not do overtime work;
the right to compulsory payment of maternity leave regardless of the woman's length of service;
keeping a woman at her workplace during the entire maternity leave;
continuation of the accrual of labor and insurance experience;
the impossibility of terminating the employment contract on the initiative of the employer, except in cases of liquidation of the company.

To exercise her rights, a woman can apply with written applications for the provision of certain benefits to the leadership of the organization.

In the applications, it is necessary to refer to the articles of legislative acts, according to which these benefits are provided.

In addition to the listed rights, labor legislation assigns certain responsibilities to pregnant women.

These include:

timely notification of management about the upcoming decree by providing an appropriate document;
compliance with the rules, regulations and charter of the organization;
non-admission of absence from the workplace without good reason;
avoidance of evasion from the performance of direct duties.

Applying for a new job

According to article 64 of the Labor Code of the Russian Federation, a pregnant woman cannot be denied employment due to pregnancy when admitted to new job... The decision on hiring should be made on the basis of the person's personal and professional qualities, and not on the basis of the absence of the fact of pregnancy.

If such a situation occurs and a woman is refused, she can ask for a written explanation of the refusal, with which you can safely go to court.

According to article 145 of the Criminal Code of the Russian Federation, unjustified refusal to hire by a court decision may be punishable by a fine or compulsory works for the employer.

The same applies not only to refusal to hire, but also to unjustified dismissal.

A probationary period is not established for pregnant women and women with children under one and a half years. This means that a woman cannot be fired due to a failure to pass probationary period... In principle, any infringement of the rights of pregnant women can turn out pretty badly for employers.

Pregnancy is a great time. But this is not only joy. For a woman, this period is not only responsible, but also very difficult. The body is completely changing, constantly transforming. Pregnancy often seriously affects a girl's performance. If she is employed, then such a situation will be reflected in the quality of labor. Therefore, Russia provides for easy labor for a pregnant woman. This measure is spelled out in the country's Labor Code. But easy labor is far from the only opportunity given to pregnant women in terms of work activities... What rights does a woman have in such a crucial period? What is regulated by the Labor Code of the Russian Federation?

Articles of the law

For girls who have received the status of pregnant women, there are special rules and labor standards. They are established at the legislative level. Of course it comes on the study of the Labor Code. But what specific articles of legislation should you refer to in order to understand all the features of the work of pregnant employees?

There are only a few labor standards. This is Art. 93 of the Labor Code of the Russian Federation, as well as Article 254 of this country code. They indicate the basic rules and regulations that the employer must observe if a girl is working for him in a position.

Production rates

To begin with, you should pay attention to the fact that pregnant women are people whose health is undermined. The performance of such an employee is likely to decrease. And overvoltage is fraught with negative consequences for the fetus. In Russia, the established laws are designed to protect citizens. Moreover, pregnant women.

Therefore, the first rule that is provided in is that all employees who have received the status in question must work with a change in production rates. They should be reduced. To what extent? It all depends on the state of health of the woman. Often, medical workers issue certificates to girls with recommendations on this matter.

Adverse factors

The features do not end there. The point is that easy labor for a pregnant woman is necessarily provided by the employer. If we are talking about a vacancy that provides for work in an unfavorable environment for the subordinate, you will have to worry about eliminating these factors. That is, when a woman in an interesting position is working, say, in hazardous work, the employer must find her a more suitable vacancy.

That is, the employee is transferred to light work. And this process is not necessarily accompanied by a decrease in the load - you can change the nature of the work. Quite a common practice in Russia.

And earnings

The above two points have one huge feature. And both pregnant women and employers should know about it. After all, violation of the Labor Code of the Russian Federation is not permissible. A woman whose rights have been violated can complain about the employer. To prevent this from happening, you will have to take into account all the established norms for the appointment of light labor.

It's about making money. Usually less workload means lower wages. But not in the case of pregnant women. According to the established rules, it is impossible to reduce the salary of such people. Easy labor for a pregnant woman takes place, but at the same time, the average earnings must be maintained.

In fact, being in an interesting position, a woman will work less and receive as much as she earned on average before. If the employer violates the established rule, you can complain about him. It is necessary to refer to article 254 of the Labor Code. It is here, in the first paragraph, that it is said about maintaining the average earnings when transferring to light labor of a pregnant woman.

If there is no work

Few are aware of the following feature. And not every employer will agree to comply with the proposed standards. The previously mentioned article indicates that light labor of pregnant women is a mandatory measure. The employer has no right to refuse a girl in an interesting position in the provision of vacancies and work, which exhaust the occurrence of unfavorable production factors. These are far from all the important points that the transfer of a pregnant woman to easy labor has. The payment for such work should not be reduced (only in some cases). But in this case, Article 254 of the Labor Code of the Russian Federation will no longer be valid.

What if the company cannot this moment to offer an employee easy work? What does the Labor Code say? For pregnant women, in this case, suspension from work is provided. And it is allowed to resume it only when the negative ones are eliminated and also transferred to light work.

The key feature is that under such circumstances, it is impossible to cut the wages of a pregnant girl. That is, the employee does not work, but receives the same earnings as in the implementation job duties. Cash allocated from the employer's budget.

So, it is advisable for companies to find easy work for a pregnant woman faster. Otherwise, on a legal basis, the employee has the right not to perform official duties. And despite this, the salary will be received in full.

Dispensary examination

Sometimes employed girls have to undergo medical examination in medical institutions... This process is also included in the Labor Code. For pregnant women who undergo dispensary examination, it is envisaged to preserve the average wage in the position held.

In other words, no one has the right to fire a pregnant woman during a medical examination, nor does she have the right to "cut" her salary. This feature must be taken into account without fail. True, we are talking only about compulsory medical examination. Not the most common occurrence, but it does occur.

Already given birth

Here is such an easy job for pregnant women, the Labor Code of the Russian Federation provides. Also, article 254 of this code indicates some features of the work of those who arrived to perform official duties before born child not one and a half years old.

This circumstance can also bring a lot of trouble to the employer. Indeed, at the request of the newly-made mother, the employee will have to be transferred to another position, implying the implementation of light labor. At the same time, the average earnings for the duties performed should be maintained. How long can a citizen work at a lightened pace? Until the child is 1.5 years old. After that, the employer transfers the mother to a normal job that does not provide for any indulgences.

On request only

What else does the employer and subordinates need to know? The fact is that the transfer of a pregnant woman to light work is carried out only at the personal statement of the girl. If this document was not provided to the management, job duties will have to be carried out on an equal basis with everyone else. If the employer decides on his own initiative to transfer a subordinate to light work, then he has every right to "cut" her earnings. Or not to keep the average salary for the employee when he is absent from the workplace.

But all this is valid only when there is no application for easy labor. Otherwise, the norms established by the Labor Code will have to be observed. So, until the woman herself decides to reduce the workload, all of the above features will not apply to her. The employee is considered the same employee as everyone else.

When to contact

Pregnancy is a very long process. From the 30th week of an interesting situation, the employer generally has to give his subordinate the so-called maternity leave. Therefore, many are interested in which term easy labor takes place.

This moment is not spelled out in the law. In general, as soon as a woman finds out about pregnancy, she has the right to indulgences in the performance of official duties. The main thing is to provide a doctor's opinion as confirmation. On average, about a month and a half after the conception of the baby, the employee has the opportunity to transfer to light work.

In practice, this phenomenon is rare. Usually, a statement about reducing the workload in the performance of official duties is written closer to maternity leave. When the body is experiencing maximum stress. But even earlier, a woman has the right to light work. The only task is to obtain a medical report on pregnancy. Taking into account the fact that in Russia it is possible to "think" about an abortion before the 12th week of an interesting situation, it is recommended after this period to write an application for easy labor.

Part-time work

All of the above is just one content. Often, all of the above measures are not applied by female employees. Instead, more interest is attributed to Art. 93 of the Labor Code of the Russian Federation. What does it say?

This article is responsible for incomplete work time... It is indicated that women in a position have the right to demand the establishment of part-time work or a shift in the performance of official duties.

Again, the request is considered only after a written request to the employer. They may refuse, but it is better not to. Indeed, often employees begin to ask not for a reduction in the working day, but for a transfer to light work.

How much will they pay

True, part-time work has its advantages for the employer. Average earnings will persist with light labor. But if an employee asked for an incomplete shift, then her salary should be calculated in proportion to the work performed.

Either payment by volume or by time of work is considered. It all depends on the position held. Thus, the earnings of a pregnant woman may be lower. This is a huge advantage for the employer. Therefore, in practice, this is the form of work that the bosses offer to employees in an interesting position.

Impact on labor rights

How does part-time work affect citizens? According to the established laws, in no way. The transfer of a pregnant woman to light work, as well as a reduction in the work shift according to established norms, should not be reflected in the social package.

That is, vacation and sick leave, as well as all other labor rights remain with the employee in full. If the employer tries to somehow infringe on the subordinate, you can complain about him. This is a direct violation of the legislation established in Russia. You should not be afraid - you should be able to defend your rights. Especially when it comes to vulnerable and weak pregnant women.

How it turns out in reality

True, the situation in real life seriously differ from the ideal. The Labor Code also states that it is impossible to fire an employee in a situation at the initiative of the employer. And such personnel are prohibited from working at night.

But in fact, it turns out that women before the decree in the overwhelming mass work in full, without transferring to light labor. And if the employer provides easier conditions for the performance of job duties, then, most likely, this will affect earnings - it will become lower.

Unscrupulous employers do this. In addition, sometimes women are simply forced to resign "by on their own". Only conscientious companies comply with all the standards established by law. Easy labor for a pregnant woman is the right of every woman in a position. And it is up to the employees themselves to decide on the implementation of this opportunity. light labor or for an appointment Both the employer and the employees themselves should remember this.

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 for health reasons. Evasion of employment and attempts to bring to layoffs in private companies are not uncommon. Therefore, we suggest that a pregnant woman examine her rights.

The Labor Code contains articles that provide for the period of bearing a future baby and childbirth. Pregnant women it is forbidden for state institutions and private firms to refuse employment.

Article 64 of the Labor Code of the Russian Federation stipulates positions regarding the rules for concluding a formal agreement with an employer. 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 the selection of personnel is the business qualities of the future employee. In other words, the rights of pregnant women at work under the labor code must be respected and refusal to accept a vacant position for this reason is not a legitimate reason.

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

The Labor Code indicates certain benefits that are given to pregnant women in employment. What is spelled out in them?

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

Labor rights at work

Protection of the rights of the expectant mother is provided for in the Labor Code. This document indicates all possible benefits and indulgences that the employer is obliged to realize. Also spelled out and next requirement — it is prohibited to fire a woman during pregnancy... This also applies to Art. 81 of the Labor Code of the Russian Federation, where admissions for breaking contractual relations are prescribed due to constant violations of the labor schedule and absenteeism. Labor rights pregnant women are ascribed in the eponymous Code.

Visiting a doctor during office hours

In a private company, the employer gets into a pose and unwittingly provokes a nervous breakdown in a pregnant employee. Every time it is incredibly difficult to ask for an appointment with a midwife, to get tested or to pass a commission. Threats about dismissal, penalties are heard. However, this state of affairs is fundamentally unacceptable. A pregnant girl warns in advance about the time and date of leaving / being late for work to visit a doctor and receive a consultation. Neither the personnel department nor the director has the right to prohibit such passes.

Need to know! In Art. 254 TC spelled out the following: all days of the 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

A working woman needs present from the consultation from the attending physician a certificate of his position... From this moment on, a new round begins in relations with the employer. In accordance with Art. 254 of the Labor Code of the Russian Federation are subject to changes:

Transfer of the employee to "light work". In other words, there is a decrease in production rates for a particular person (pregnant). As a result of such a rearrangement, the rights of pregnant women in light work are fully respected.
A ban on lifting by a girl in a position of weights during working hours. A maximum weight of 2.5 kg is allowed.
The employer cannot call the expectant mother to work on night shifts, on holidays and on weekends.
The personnel department, by an appropriate order, guarantees additional breaks in the employee's work shift.
It is prohibited for the employer to fire a pregnant woman for any reason at an early date, as well as to refuse employment. However, there are options for the implementation of this action, prescribed in the Code of the Russian Federation (for example, the complete liquidation of the company).
A pregnant woman, in agreement with the HR department, has the right to shorten the working day. This decision is mutual, it is drawn up by the employee's statement and the corresponding order.
The employer guarantees the timely release of the employee on birth leave. Leave for childcare is also provided and paid.
The director of the organization in which the pregnant lady works ensures the payment of monetary compensation (birth money) in connection with maternity leave and subsequent childbirth.
Registration by the personnel department of documents for a business trip of a pregnant girl is prohibited.

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

Despite the fact that working conditions have changed during the period of bearing a baby, the employer needs implement a new workplace in accordance with the law. In this situation, the 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 Supervision of the Ministry of Health.

Regardless of the form of taxation, type of organization, the employee - the expectant mother - must submit a certificate of her change in status. In SanPiN 2.2.0.555-96 it is said about what should be the place for a future mother to work, rules and requirements are defined.

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

Should allow for a change in body position during work. This means that the chair must be rotating with the ability to adjust the height. It must be equipped with a reclining back and headrest. Armrests (if absent) and a lumbar cushion should be provided in the "body" of the chair. All requirements for the working chair of a pregnant girl are spelled out in GOST 21.889-76 "Man-machine system".
To facilitate the sedentary work of the expectant mother, a special recess-cut in the tabletop is provided in the working surface of the table. All corners are rounded and top cover matte. If possible, the employer will provide the employee with a footrest. This device should also be adjustable in height, angle of inclination.

Information! The organization of the workplace for the girl in the position includes equipment and hygienic conditions. In other words, the personnel department officially establishes lower workloads (not only physical, but also neuro-emotional). This requirement is specified in the decree of the Chief Sanitary Doctor, issued on 23.04.1999. - R 2.2.755-99.

Job responsibilities during pregnancy

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

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

comply with the charter adopted in the institution;
avoid missing work;
do not be late for the beginning of the shift.

Information! The employer has no right to fire a pregnant woman. However, constant missed deadlines, frequent absenteeism lead to guaranteed dismissal after childbirth.

Dismissal benefits

In the legislative framework of our country the dismissal of a pregnant woman is prohibited... This is indicated in Art. 81 TC. Taking a similar step on the initiative of the employer, catching a woman violating the daily routine, caring about such an employee about the poor-quality performance of tasks, faces a serious fine. This action can be performed only in the following permitted cases:

official liquidation of the institution / closure of the sole proprietor;
the inability to replace the difficult specifics of work with lighter conditions;
self-dismissal of a pregnant woman.

According to the law, dismissal benefits are not provided in the event of the liquidation of the company. However, all employees are entitled to:

payment of wages for hours worked;
compensation for a vacation that did not have time to take a walk;
payment of job loss benefits;
from the FSS or social security fund;
the average salary is paid for 2 months.

Hiring a new employee for the maternity position

It is only natural that the vacant vacancy must be filled. At the same time, the official recruitment of a temporary employee during pregnancy leave is carried out in accordance with the norms of current legislation. Often in such situations, employees are recruited to replace them under a fixed-term employment contract. This is spelled out 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 Charter of the company. Admission to the vacant place is carried out according to the staffing table with the issuance of an order for admission to work for a maternity place. It is approved by the management of the institution with an indication of the amount of the salary.

Working conditions of workers at risk of pregnancy

Working conditions for pregnant women

As soon as the employee provides the manager with a medical certificate confirming, new rules apply to her.

The first thing that must be done is to transfer it to "light labor", which is provided for in article 254 of the Labor Code. If this is not done, the employee has the right to go to court, and the law will be on her side.

A document from a medical institution serves as an excuse to reduce production rates for an employee. In the event that the work is associated with damage to health, the employee must be transferred to another place of work. Regardless of the changes that have occurred, the average earnings must be preserved.

After providing the certificate, if there is a need to transfer a pregnant woman to another place, the decision-making time and the woman's temporary do not affect her salary. Average earnings remain the same.

If the employer has difficulty in resolving this issue, he can rely on the "Hygienic recommendations for the rational employment of pregnant women" issued in 1993 by the State Committee for Sanitary and Epidemiological Supervision of the Ministry of Health.

This document is intended for all types of organizations and is the basis for monitoring the work and rest of women who are expecting a child.

Employees, after providing the management with a medical certificate, should be transferred to easier working conditions, while they remain unchanged even in the event of downtime.

Permitted and prohibited work

A pregnant employee should not do anything that could harm her health or the health of her unborn child. The first step is lifting weights and tilting. She should not tilt more than 15 degrees or lift anything above her shoulder girdle. Employees in this category must not lift objects from the floor.

The manager is obliged to create conditions for the pregnant woman in which she will not be nervous and emotionally stressed.

What kind of work can pregnant women do?

A pregnant employee should be in a relaxed, free position throughout the working day. It should provide for a change in posture at will. It is advisable that she is not forced to sit or stand continuously.

If the enterprise provides for production, for a pregnant woman they must be reduced by at least 40%. She cannot be sent on a business trip or forced to overtime work... On weekends and holidays, pregnant employees have a rest. Their shifts should not fall at night or in the evening.

Special rules apply to vacations for this category.

Vacation

Pregnancy leave

The basis for pregnancy is always a medical opinion. In order to exercise her right, a pregnant woman must write a statement to the management of the enterprise.

When it comes to standard condition pregnancy, the applicant has the right to take 70 days before giving birth to the child and another 70 days following the birth.

In some cases, the law provides for a different number of vacation days. So, if an employee wears more than one, she is given not seventy, but 84 days before delivery. We are always talking not about working days, but about calendar days.

If childbirth turns out to be difficult, postpartum leave is also extended and becomes equal to 86 calendar days. If an employee gives birth to more than one child, she is given 110 days of postpartum leave.

If the pregnancy proceeds without deviations from the norm, a certificate of incapacity for work is issued from 30 weeks to one hundred and forty days. In the case when a multiple pregnancy is established, the doctor issues a leaflet from the twenty-eighth week to one hundred and eighty days.

If childbirth was complicated, the woman receives an additional sixteen days postpartum. If childbirth occurred before the expected date, the pregnant employee goes on vacation for one hundred and fifty six days. In the event of a stillborn child, for a total of eighty-six days.

The leave of a pregnant employee begins on the day indicated in the certificate of incapacity for work. The manager does not make decisions regarding the vacation, but relies on a document from the medical institution.

Provided guarantees

To go on maternity leave, an employee must write a standard form, in which she indicates:

the number of days that will be absent;
the date of going on vacation;
the date of leaving the vacation;
an indication of the attached medical examination, etc.

The order issued on vacation also has a standard form. It records data from a medical examination. For the period of vacation, a pregnant employee is recorded in the report card. Her surname is followed by a “P” mark.

In addition to maternity leave, the employee is entitled to basic leave. It is given both after and before 6 months of work and is added to the maternity leave or to the calendar rest days after childbirth.

The Labor Code of the Russian Federation guarantees pregnant women to retain their position for the period of absence. The only reason for dismissal may be the liquidation of the enterprise.

If a pregnant woman works under a fixed-term employment contract, the employer is obliged to postpone its termination before the employee's right to leave for maternity leave.

Must strictly adhere to the provisions of the TC. In case of violation of the rights of pregnant employees, the court will be on their side.

Answer

I am pregnant, I worked on an equal basis with all other employees and I think that this is right. If a woman thinks that it is difficult for her to work, then she needs to go on sick leave or maternity leave. I finished it up to 30 weeks, as expected. It was not difficult for me.