Labor Code of the Russian Federation on the rights of pregnant women. Labor Code on the Rights of Pregnant Women

Not all the fair sex is aware of what provides labor Code for pregnant workers and what benefits they can expect. However, this information can greatly help a woman carrying a child, because now she is responsible not only for herself, but also for the unborn baby.

For the employer, the pregnancy of an employee always brings a lot of trouble. This is due to the fact that expectant mothers are entitled to various benefits and special working conditions. Even the working hours of an employee in a position may differ from the usual, if there are good reasons for this, for example, medical indications.

After the fact of pregnancy is established, a woman can legally receive certain benefits. What conditions are required for the expectant mother depends on the state of her health and the place of work where the fair sex worked before getting pregnant. It is very important for the employer to comply with all the conditions that are provided for by Russian law. Otherwise, such a situation may threaten responsible persons serious administrative and even criminal liability.

In order to avoid conflict situations in the process of work, each of the parties must know what is supposed to be done in such cases according to the law. Even with a normal pregnancy, changes in the schedule are still possible. In addition, the expectant mother must be offered certain benefits that will help make the workflow easier.

Russian legislation has introduced a number of special rules that help regulate the work of pregnant employees. Despite the fact that some employers perceive this with hostility, such laws were adopted not to complicate their lives, but to preserve the health of the woman and the unborn child.

The main document to be guided by in this case is the Labor Code. assembled here whole list rules, laws and regulations that will establish correct mode work for an employee in position. At the same time, all laws apply to all employers and employees, regardless of the type of enterprise and their location. For some of the fair sex, there are special benefits. They concern, first of all, those who work at a hazardous enterprise, work with frequent business trips and night shifts.

Special laws also apply to those representatives of the fair sex who work in municipalities and in the public service. Future military moms can expect special privileges. For these cases, special legislation is provided, but sometimes provisions from the Labor Code are also used.

Rights and guarantees for employees in position

Expectant mothers who are officially employed have the opportunity to receive certain benefits:

First of all, it should be noted that the employer does not have the right not to accept an employee who is in a position solely because of her condition for a suitable position.
The second important right for a woman during pregnancy is the opportunity to receive maternity leave. At this time, the company must pay the employee certain financial assistance in the amount established by Russian law.
For a future mother who has official employment, there is a law that prohibits her dismissal. This also applies to maternity leave. There are only two options here. A woman in position can be removed from her position due to a very serious violation of the work schedule or due to the liquidation of the enterprise.
A woman in position has the right to take paid leave at a time when it is convenient for her. That is, it does not have to follow the order according to the schedule. At the same time, do not forget about the obligation of the employer to send the employee on maternity leave at the 30th week of pregnancy. An exception can only be the personal desire of a woman to continue working until the very birth.
Separately, it must be said about the work schedule of pregnant women according to the labor code. For employees in position, it can be significantly changed. At the same time, in some cases, a reduction in the working day is provided for with the same wages. The opportunity to get a position with fewer responsibilities or with more favorable environmental conditions is also a privilege for a pregnant woman.

Features of the work schedule for employees in position

For women who are expecting a baby, part-time work is one of the possible, but not mandatory, privileges. A woman can set a reduced work schedule on her own initiative. At the same time, she will receive a salary that corresponds to the amount of time worked. If the expectant mother has no desire to lose earnings, she may refuse to work for a shortened work schedule. The employer does not have the right to establish a different regime forcibly.

In this case, a woman should evaluate all possible risks for the baby. If there is a high probability that a regular working day will adversely affect the condition of the unborn child, you should exercise your right to fewer hours per week. Rest and tranquility are very important for pregnant women, and money should not be a decisive factor here.

It should be noted that the desire of a woman to switch to a short working day does not deprive her of the right to go on the prescribed paid leave. The expectant mother can still take time to relax when it suits her. The terms and payment of vacation will not be changed. Moreover, an employee in a position has the opportunity to add her regular paid leave to her maternity leave. So the number of days will be increased by a month, and maybe more.

Obligations of the employer regarding the mode of work of a pregnant woman

As for the management, first of all, it is required from him to fully comply with all the rights of an employee who is expecting a child. The mode of work of a pregnant woman according to the labor code should be changed in accordance with her wishes. At the same time, it is necessary not only to change the schedule and reduce the number of working hours per week, but also to take into account all other benefits that are provided to officially employed expectant mothers.

The task of the employer should be strict observance of all the rules that are prescribed in the Russian Labor legislation. Therefore, management does not have the right to refuse a pregnant employee to reduce the working day, if this is her initiative. Even what similar decision may adversely affect the workflow, cannot be a reason for refusal. Here you have to look for reasonable compromises that will suit everyone. Alternatively, you can hire another part-time employee who will partially replace the pregnant employee.

In the schedule of employees in position, there should not be some points:

First of all, this applies to night shifts. A woman can easily refuse them during pregnancy, as this is provided for by Article 96 of the Labor Code.
In addition, the employer does not have the right to employ female employees in position on holidays and official days off. This is spelled out in article 112 of the Labor Code of the Russian Federation.
Overtime work is possible only at the initiative of the employee. But she can refuse additional hours, which is provided for by Article 99 of the Labor Law.
Pregnant women are also not sent to watch, as Article 298 prohibits this.

How to change the working hours for a pregnant employee?

Considering that a special schedule is not mandatory, but is considered only at the initiative of the employee, she needs to inform the management about her decision. To do this, you must write an application. At the same time, Russian legislation states that a pregnant employee can announce her decision at any time. It does not matter how long she is, or how much she worked in a particular company.

In the event that the employer hires a woman in position, he needs to immediately discuss the number of hours and work schedule. But a new employee can refuse these privileges if she wants to receive a large salary. The expectant mother should be able to return to normal work at any time. So, if for health reasons in any month a woman has to abandon her usual schedule, but in the future the condition stabilizes, she can work full time again.

According to the Labor Code, for pregnant women, the working hours may remain the same, but nevertheless, periodic adjustments are possible. For example, the schedule will have to be somewhat changed, since after registering for a medical record, a woman in position will have numerous tests and a visit to a specialist at least once a month. To do this, special days must be provided in the schedule. This should be taken into account, since the work of most medical institutions coincides with organizations and enterprises. Thus, a visit to the medical office will take place in work time. In no case should the employer consider the hours of the employee's absence as absenteeism. On the part of a pregnant employee, it would be right to warn the authorities in advance about her possible absence and take a certificate from the doctor, which is then provided to the management.

Norms for a reduced schedule in pregnant women

Despite the fact that Russian labor legislation provides for a special working regime for pregnant employees, this does not mean that they can work any number of hours. There are special rules that are taken into account when drawing up a special schedule for workers in position.

A shortened day is an opportunity to work not 8, but 6 hours a day. In addition, an employee may be offered a reduced week. In this case, the number of hours remains the same, but days off are added. Thus, the working period will be considered not from Monday to Friday, but from Tuesday to Thursday. You can also find an alternative. To do this, write a statement stating that the pregnant employee wants to work 6.5 hours 4 times a week. In this case, an additional day off on Friday is provided.

It should also be taken into account that the reduction of the working day largely depends on how many hours a day a woman works in a normal mode. This also applies to the weekly work schedule. In some cases, issues are resolved exclusively on an individual basis.

Establish a part-time employee can easily. To do this, you must first obtain a certificate from a medical institution that the woman is really pregnant. Next, a statement is written in an arbitrary form addressed to the management. Here it is necessary to indicate exactly what benefits the expectant mother wants to use. That is, the application must express a desire to receive additional days off or a shorter working day. You can also choose a third option with a shorter day and one additional day off.

These are the two main documents that you need to submit to the employer. Having received them, the boss must immediately respond and fulfill the request of a pregnant employee. Otherwise, he faces administrative punishment and a fine. It will not be superfluous for a woman to keep copies of the papers. They can be useful in case of disputes.

After the new work schedule for a pregnant employee is discussed and all the nuances are agreed upon, the employer issues an order, which the employee signs. Only then can the issue be considered settled. In this case, the contract must be signed in two copies. One of them remains with the pregnant woman.

There are also cases when the employer simply does not want to fulfill the request of a pregnant employee. Moreover, if we take into account that the preferential work schedule for pregnant women is stipulated by the labor code, he is at great risk. Failure to comply with the requirements of the Russian Labor Code is punishable. If a woman can submit a certificate of pregnancy from medical institution and wrote at the same time an application to change the work schedule, the management has no right to refuse her.

At the same time, the expectant mother should take into account that a change in the work schedule entails a decrease in wages. This is the reason why employees in a position often waive their privileges.

Compensation for changes in working hours

Those women who are still going to work part-time due to pregnancy should take into account that, most likely, they will receive a lower salary. The thing is that in Russian legislation there is no mandatory clause that refers to maintaining the rate for expectant mothers who have agreed to a short working day. Thus, wages will be calculated based on actual hours worked. Here, both the reduced working day and the absence of the employee during the visit to the medical institution are necessarily taken into account.

Considering that the legislation does not make exceptions for pregnant women, many expectant mothers refuse preferential schedules and choose a regular work schedule. Moreover, if there are no medical contraindications, some do not even go on the prescribed maternity leave, but work until the very birth.

An employee who is in a position does not have the right to demand the previous salary from the employer if she is going to work a reduced day or week. On the part of the management, it will be correct to record the hours worked in the table, which will make it possible to correctly calculate the salary for a pregnant worker. The employer cannot set any minimum or maximum. Numbers should not be taken from the ceiling. This should be a clearly calculated and fully justified salary. Only hours actually worked are shown on the time sheet. The time that the employee spent in the antenatal clinic is not entered here and is not paid.

Preferential working conditions for pregnant women

Additional privileges related to employees in position relate not only to the work schedule and wages, but also, as indicated in the labor code, the working conditions of pregnant women. And first of all, it should be noted here the need to transfer a pregnant employee from hazardous production to safer work. In addition, women in the position are prohibited from participating in work involving hard physical labor. At the same time, it is desirable that the amount of wages correspond to what the expectant mother received earlier.

The Labor Code provides for certain benefits for the fair sex in position. However, a woman has every right to refuse them if she believes that this will in no way affect the health of the baby. At the same time, it is worth considering whether it is necessary to participate in work underground or in carrying weights, when the body needs strength to bear a child.

Article 254 of the Labor Law states that there should be no difference in wages for a pregnant woman when she is transferred from one place to another. This suggests that by using the due benefit, the employee does not lose anything.

The Labor Code of the Russian Federation, or rather it, says that workers in position cannot be brought to work at night, and also should not be sent on business trips and on watch. On holidays and weekends, pregnant employees are not involved in labor activity unless the employee herself expresses such a desire.

Working conditions unacceptable for pregnant employees:

Relatively technical requirements it is worth noting that expectant mothers are forbidden to lift boxes and any goods above their shoulders.
Foot-operated mechanisms cannot be operated.
You should not work on a conveyor production with a preset rhythm.
Work that requires serious psycho-emotional stress should also be abandoned.
A pregnant employee may be transferred to another department if she has to work in a damp and ventilated room.
This also includes interaction with various pathogens.
Harmful is also labor activity with serious changes in temperature and pressure.

In all these and many other situations, the expectant mother may require the employer to transfer to another department with pay. It is important to bear in mind that the employer does not have the right to dismiss or reduce a pregnant employee until the child is 3 years old.

Pregnancy and work before maternity leave are quite compatible concepts, since the Labor Code of the Russian Federation provides for the rights of women in a special state and offers a considerable list of privileges and benefits to facilitate their work. Employers are faced with the task of strictly respecting the rights of pregnant women at work, taking into account their situation.

In contact with

The rights of a pregnant woman under the Labor Code of the Russian Federation

A woman who is expecting a child, during the first two trimesters, remains a full-fledged employee, able to perform her official duties in the same volume. However, in this state, the worker needs to rest more, you can not engage in activities that can harm her health.

Therefore, special rights are provided for and legally established for expectant mothers. The Labor Code for pregnant women provides benefits and special conditions.

Employment rights

According to the Labor Code, the employer does not have the right to refuse a woman a position in employment. Selection criteria should be based solely on an assessment of the level of professional and personal qualities person. If such a situation arose and a negative response was received, then the woman may demand a written refusal with this document for consideration of the paperwork.

When applying for a job, a pregnant woman is not assigned a probationary period. Judicial practice shows that infringement of rights in this situation leads to a verdict in favor of the victim and the fulfillment of all the conditions prescribed by the court for the employer's company.

Rights of working pregnant women

The rights and benefits for pregnant women at work before maternity leave is a legal right that is controlled by current legislation:

reduction of the working day or work week at the request of a pregnant woman. At the same time, parallel wage cut, since the number of working hours is automatically reduced;
passing medical examination implies the full preservation of the average earnings of a woman;
the right to receive unscheduled paid leave, provided that there is no accounting for work experience;
the provision of paid leave in connection with the birth of a child after the 32nd week of pregnancy and the issuance of a medical opinion from a doctor on the appointment of a decree.

The expectant mother is also entitled to benefits that are assigned at the birth of a child:

lump-sum payment of childbirth allowance;
single allowance for pregnancy and childbirth;
receiving payment for observation in the antenatal clinic from early pregnancy;
monthly allowance until the child reaches the age of 1.5 years;
providing a job in the same position at the end of maternity leave.

The mother-to-be is entitled to benefits

Benefits for pregnant women

Legal norms of the Labor Code to employees who are expecting a baby, some concessions guaranteed, including light labor for pregnancy. Benefits for pregnant women make up a fairly wide list:

transfer to a department with more light conditions labor;
exclusion of lifting weights weighing more than 2.5 kg (in some cases it is unacceptable to lift more than 1 kg);
eliminating everyone and going to work on weekends or holidays;
providing an additional break;
half-holiday;
a ban on the possibility of dismissal for any reason;
maternity leave at a strictly defined time (from the 6th month of pregnancy);
maintaining a job until the end of maternity leave;
prohibition to perform work in hazardous production (radioactive materials, toxic substances);
light labor during pregnancy is assigned to women who work in the transport sector (conductor, driver, stewardess);
accrual of labor and insurance experience;
payment of compensation from the company-employer for the birth of a child (the amount of the benefit is on average three full salaries and is calculated on the basis of the calculation conditions prescribed in the current legislation).

A pregnant woman has the right to be transferred to a department with easier working conditions

Dismissal and leave

woman in position cannot be fired own will or as agreed by the parties in accordance with the current legislation of the Russian Federation. possible only with the complete liquidation of the enterprise.

Leave for a woman in a position is granted at will, at an unplanned time and without observing time limits. For example, if it has just ended, then the pregnant woman has every right to take the number of days that is required by law.

An employer can lay off a pregnant woman only in the event of the complete liquidation of the enterprise. After dismissal, it is also possible to receive all assigned cash benefits.

How to notify the authorities?

The working regime for a pregnant woman according to the Labor Code can be changed after notifying management when performing the following sequential actions:

obtaining a certificate of pregnancy at the current moment (the document confirms the fact of conception and indicates the timing);
writing an appropriate application indicating a request to reduce the work shift or week;
transfer of the compiled document to the personnel department. The application is required in two copies to resolve the disputed issue in the event of such circumstances;
familiarization with the provided order and affixing a personal signature;
signing an employment agreement, which spells out all the conditions for going on maternity leave and working during pregnancy.

The rights of a pregnant woman are based on the fact that she can visit a doctor or undergo any examinations during working hours. At the same time, the working day is paid in full after the provision of a certificate from the clinic.

The operating mode can be changed after notifying the authorities

Working conditions during pregnancy

In accordance with the Labor Code, the enterprise is obliged give women easy work pregnancy with certain conditions:

the duration of work with a computer should not exceed 3 hours;
exclusion of the influence of various harmful factors on a woman;
limitation physical activity during the work of a pregnant woman;
a ban on work in close proximity to sources of infection, virus, fungus that can threaten the health of a woman and an unborn baby;
creation exception adverse conditions for pregnant women (wet clothes, draft, low temperature in room).

Important! If the management of the enterprise violates the working conditions for a pregnant woman, then she has the right to refuse to perform her duties until the situation is completely corrected.

Transfer of a pregnant woman to another department or to workplace possible only in the following cases:

personal desire of a woman;
provision of easier working conditions.

The above concepts are easy to show with an example. If a woman worked in a department where during the working day she lifted weights of more than 3 kg, then the management is obliged to transfer her to a department where there is no such need.

Working in hazardous production in the chemical or heavy industry requires complete restriction of contact of a pregnant woman with toxic substances corresponding hazard class.

The change in the working day for a pregnant woman in accordance with the Labor Code of the Russian Federation is presented in the table below.

Protection of labor rights of pregnant women

Non-observance of the rights of pregnant women at work is a gross violation of the law and requires prosecution. In this case, a woman can file a claim with the relevant authorities with the necessary package of documents (certificate and application).

After consideration of the submitted claim, the employer is held liable. Penalties are based on the appointment of an administrative fine, and in some cases corrective labor within the prescribed time limits.

Therefore, if the question arises of what to do with the infringement of the rights of pregnant women at work, it is imperative to contact certain institutions and do not miss the opportunity to restore justice.

In most cases, businesses that violate the rights of women in position are subject to significant penalties and damage their reputation. A controversial issue that has arisen can be tried to be resolved by mutual agreement with the management of the employer's company.

Important! The corresponding claim is submitted to the labor inspection authorities, which control the procedure for the implementation of the rights of citizens prescribed in the Labor Code.

Useful video: about the rights of a pregnant woman at work

Benefits and rights for pregnant women represent a number of absolutely legal conditions, which are described in detail in the Labor Code of the Russian Federation. Requirements are mandatory and if they are not met, they are subject to a fine or administrative liability. Before notifying management, you must carefully read all the nuances of this issue.

Reply from 12/20/2013 22:28

The problem of improving the socio-demographic situation for Russia is extremely urgent, in connection with which the Labor legislation provides for a number of additional guarantees for pregnant women.
First of all, the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) contains guarantees for the employment of a pregnant woman, namely: in accordance with Art. 64 of the Labor Code of the Russian Federation, it is prohibited to refuse to conclude an employment contract for reasons related to y. At the same time, if a pregnant woman does not meet the requirements for a candidate for a position, she can not be hired.
There are cases when, when concluding an employment contract, employers require a woman to provide a document confirming that she is not pregnant, or offer to sign an agreement that she undertakes not to have children for a certain period. Employers should be aware that such requirements are illegal, since a pregnancy certificate is not included in the list of documents that an employee must submit to an employer upon employment, and an agreement on children is not a prerequisite for concluding an employment contract. Therefore, a woman submits such a certificate or signs such agreements only voluntarily.
Employers may be held liable for unjustified refusal to hire due to pregnancy. Of course, it is often impossible to determine that a woman is pregnant. As a rule, she tries not to disclose this information to the employer, and refusal of employment due to pregnancy can be appealed in court.
When concluding an employment contract, by agreement of the parties, a condition is provided for testing the employee in order to verify his compliance with the assigned work, but when hiring pregnant women, it is prohibited to establish a probationary period (Article 70 of the Labor Code of the Russian Federation). If the fact of pregnancy became known after the woman got a job, and the probationary period was set, then it should be canceled.
According to the Labor Code of the Russian Federation, the test condition must be spelled out in the employment contract. Therefore, test cancellation should also be documented. To do this, the employer issues an order to cancel probationary period from the day the woman submitted a certificate confirming pregnancy. In addition, it is necessary to draw up an additional agreement to employment contract. It must indicate that the clause of the employment contract, which contains the test condition, is recognized as invalid from the moment the supplementary agreement is signed.
The Labor Code of the Russian Federation establishes other guarantees for a pregnant woman.
In accordance with Art. 93 of the Labor Code of the Russian Federation, at the request of a pregnant woman, the employer is obliged to establish for her a part-time working day (shift) or a part-time working week. A pregnant employee has the right to ask for a part-time work day or week, both at the time of employment and later (when pregnancy occurs). In this case, the employer has no right to refuse to establish part-time work. The specific number of hours by which the working day will be reduced is established by agreement between the employer and the pregnant woman.
A change in the working day schedule should be reflected in an additional agreement to the employment contract, since the condition on the working hours is mandatory for inclusion in the employment contract if this regime for the employee differs from the general regime (Article 57 of the Labor Code of the Russian Federation).
Under the new mode of work, remuneration is made in proportion to the time worked or depending on the amount of work performed.
During part-time work labor rights women should not be limited in any way (the duration of the annual basic paid leave is not reduced, the length of service is calculated in the usual manner, etc.).
For such a change in the working regime, a woman does not need to have a medical certificate, a certificate of pregnancy is enough.
In addition, pregnant women are reduced production rates, service rates, or they are transferred to another job that excludes the impact of adverse production factors. Wherein average earnings on the previous work is preserved (Article 254 of the Labor Code of the Russian Federation).
The basis for this transfer is:
- a medical report issued to a pregnant woman by a doctor of a medical institution, in the presence of harmful and hazardous conditions labor. The conclusion indicates the gestational age, the grounds for transfer, in the line "Recommended work" those works are noted, the performance of which is permissible for a pregnant woman. As a rule, the conclusion general recommendations. If there is a doctor in the organization, then he can recommend specific jobs for translation to the head of the enterprise, or the head can offer the woman a choice of several possible vacancies available;
- a statement containing a request for a transfer and a link to a medical report.
Temporary transfer to another job is issued by order of the employer. The employee must be familiarized with the order against signature. The order contains the following information:
- the reasons for the temporary transfer;
- about the work to which she is being transferred;
- about the conditions of remuneration;
- about the period of temporary transfer.
Since the transfer is temporary, after the end of the circumstances that prevented the employee from performing work in accordance with her employment contract, she must return to her previous place of work.
Refusal of the employer to transfer to more than light work in case of impossibility to perform the previous work, it can be challenged in court. And, if the court recognizes the stated requirements as justified, its decision to transfer the woman to another job may follow. This indicates the period for which the terms of the employment contract are changed.
Until a pregnant woman is provided with another job that excludes the impact of adverse production factors, she is released from work with the preservation of the average earnings for all missed working days as a result of this at the expense of the employer.
If it is impossible to provide a pregnant woman with easier work, she can be released from work until the right to maternity leave (always with the preservation of average earnings).
The average earnings at the place of work are kept for pregnant women and during the mandatory dispensary examination in medical institutions (Article 254 of the Labor Code).
In addition, the State Committee for Sanitary and Epidemiological Supervision of Russia and the Ministry of Health of Russia on December 21-23, 1993. Hygienic recommendations for the rational employment of pregnant women were approved.
For example, they are allowed to lift a load only from the surface of objects, but not from the floor and not above the shoulders; pregnant women can carry loads no further than five meters, and no more than 1.25 kg per reception, and so on.
The workplace of a pregnant woman also has special requirements. Only work in a standing or sitting position is allowed. Work on your haunches, on your knees, bent over, with an emphasis on your stomach or chest in any objects, as well as on equipment with foot pedal prohibited.
The production technology in which a pregnant woman is employed, or the equipment with which she works, must exclude the following types of risk:
- physical (associated with a high proportion of injuries, for example, when working on a machine tool);
- chemical (work in hazardous production, associated with the risk of irritation, inflammation),
- biological (work associated with the risk of infection, when working in a chemical laboratory).
Pregnant women are prohibited from working on a conveyor with a forced rhythm and performing operations that are associated with stress.
And in accordance with clause 13.2 of the Decree of the Chief State Sanitary Doctor of the Russian Federation dated 03.06.2003 No. 118, they cannot be at the computer for more than three hours per shift.
Besides, in hygiene requirements to the working conditions of women (SanPiN 2.2.0.555-96, approved by the Decree of the State Committee for Sanitary and Epidemiological Supervision of Russia dated October 28, 1996 No. 32), the characteristics of work from which pregnant women should be exempted, criteria for optimal workload, requirements for technological operations, equipment, workers places where their work will be applied. The work to which a pregnant woman is transferred must meet the established requirements.
In accordance with the Labor Code of the Russian Federation, it is forbidden to involve pregnant women in rotational work (Article 298 of the Labor Code of the Russian Federation); overtime work, that is, to work performed by an employee at the initiative of the employer outside the established working hours (Article 99 of the Labor Code of the Russian Federation); work at night (from 22 to 6 hours) (Article 96 of the Labor Code of the Russian Federation); work on weekends and non-working holidays.
At the same time, the ban on involving pregnant women in these works is unconditional. Even if a pregnant woman writes a statement with an urgent request to the employer to allow her to work overtime, work on a rotational basis, work at night or on weekends, the Labor Code of the Russian Federation prohibits this.
There are also guarantees for pregnant women when they are sent on business trips. The Labor Code of the Russian Federation directly prohibits sending pregnant women on business trips (Article 259 of the Labor Code of the Russian Federation). The employer (manager) needs to know that before signing an order (instruction) to send an employee on a business trip, he should make sure that he can send this employee without any restrictions.
In the Labor Code of the Russian Federation there are guarantees for pregnant women and when providing annual paid holidays. A woman, at her request, is granted annual paid leave before the maternity leave or immediately after it, or at the end of the parental leave, regardless of the length of service with this employer. This rule also applies to women who work part-time.
Not only pregnant women, but also their spouses have the right to early leave - at the request of the husband, annual leave is granted to him while his wife is on maternity leave, regardless of the length of his continuous work with this employer, and the employer is not entitled to him refuse.
Annual paid leave by agreement between the employee and the employer may be divided into parts, one part of which must be at least 14 calendar days. The unused part of the vacation is provided at the choice of the employee at a time convenient for him during the current working year or is added to the vacation for the next working year. Recall of an employee from vacation is allowed only with his consent. Part of the annual paid leave, exceeding 28 calendar days, at the written request of the employee may be replaced by monetary compensation.
But employers should be aware that there are exceptions to these rules:
- it is not allowed to withdraw from the annual paid leave of a pregnant woman, even if she consents;
- it is not allowed to replace the annual basic paid leave and annual additional paid leaves for pregnant women with monetary compensation.
And, of course, pregnant women are provided with maternity leave of 70 (in case of multiple pregnancy - 84) calendar days before childbirth and 70 (in case of complicated childbirth - 86, with the birth of two or more children - 110) calendar days after childbirth (Art. .255 of the Labor Code of the Russian Federation). During this leave, state social insurance benefits are paid in the amount established by law.
The basis for granting maternity leave is an application and a certificate of incapacity for work issued in in due course(sick leave).
Maternity leave is calculated in total and is granted to the woman completely regardless of the number of days she actually used before giving birth.
Women permanently residing (working) on the territory of the zone of residence with the right to resettlement are provided with prenatal leave lasting 90 calendar days with recreational activities outside the territory of radioactive contamination.
According to Art. 261 of the Labor Code of the Russian Federation is prohibited with pregnant women at the initiative of the employer. The exception is cases of liquidation of the organization or termination of activities individual entrepreneur.
Moreover, in the event of the expiration of a fixed-term employment contract during the woman's pregnancy, the employer is obliged to extend its validity until the end of pregnancy (previously, in the previous edition of the Labor Code of the Russian Federation, the contract was extended until the woman began maternity leave) .
The basis for such an extension is the written application of the woman and a medical certificate confirming the pregnancy.
The complexity of such situations lies in the fact that, on the one hand, the Labor Code of the Russian Federation does not provide for the obligation of a woman to inform the employer about pregnancy, respectively, the employer, not knowing about the employee’s pregnancy, can terminate the employment contract due to the expiration of its term.
On the other hand, the prevailing arbitrage practice indicates that, as a rule, a woman's demand to extend the term of the employment contract until the end of pregnancy is subject to satisfaction, regardless of whether the employer was aware of the pregnancy at the time of dismissal or not. Moreover, the fact of the preservation of pregnancy during the consideration of the claim does not matter.
When extending the term of the employment contract until the end of pregnancy, the woman is obliged, at the request of the employer, but not more than once every three months, to provide a medical certificate confirming the state of pregnancy.
If, after the end of the pregnancy, the woman actually continues to work, the employer has the right to terminate the employment contract with her due to its expiration within a week from the day when he knew or should have known about the fact of the end of the pregnancy.

The wording "should have known" in practice can cause difficulties in determining the date from which the weekly period should begin. Alternatively, the employer offers the pregnant woman to submit a certificate confirming the pregnancy by a certain date. If a woman has not submitted such a document, the employer has the right to dismiss her within a week from the date of the specified period.
In Art. 261 of the Labor Code of the Russian Federation contains grounds for the dismissal of a pregnant woman in connection with the expiration of the employment contract during her pregnancy. It is allowed under the simultaneous presence of the following conditions:
- if an employment contract was concluded with a woman for the duration of the performance of the duties of an absent employee, and the term of this contract has expired;
- it is impossible, with the written consent of the woman, to transfer her before the end of pregnancy to another job (both a vacant position or a job corresponding to the qualifications of a woman, or a vacant lower position or a lower-paid job) that a woman can perform taking into account her state of health.
It should be borne in mind that the employer is obliged to offer her all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities (for example, if the enterprise has branches) only when it is provided for by the collective agreement, agreements, labor contract.
Labor legislation establishes special rights for pregnant women, protecting them from unscrupulous employers. It is possible to dismiss a pregnant woman only in the cases specified in Art. 261 of the Labor Code of the Russian Federation. At the same time, disciplinary measures can be applied to pregnant employees, for example, a reprimand or a remark (for example, for absenteeism), but with the exception of dismissal.
Please note: art. 261 of the Labor Code of the Russian Federation prohibits termination of an employment contract only at the initiative of the employer. There is no prohibition on termination of an employment contract, for example, due to circumstances beyond the control of the parties. But the desire of a woman to quit during pregnancy is a good reason for terminating a fixed-term employment contract.
It must be remembered that for non-compliance with the norms of the law, the employer may be held liable.
For the head of the enterprise (other executive), as well as a fine in the amount of up to 200 thousand rubles or in the amount of wages (other income) for a period of up to 18 months may be imposed on an individual entrepreneur.
In addition, it should be noted that both an enterprise as an employer and an official of this enterprise who violated labor legislation can be held liable for the same offense. The difference will be that the enterprise can only be brought to administrative responsibility, and the head - to criminal liability.

Pregnancy is exciting. But it becomes especially exciting and alarming at work if a woman is subjected to pressure from an unscrupulous employer.

The law provides for concessions for a woman during pregnancy, and it is important to ensure that all benefits are taken into account so that pregnancy at work does not become stressful for you.

Therefore, declare your rights to the employer exclusively in writing. Then, if they are violated, they can easily be restored in court.

So, 5 important rights of a pregnant woman at work.

right first: to continue working until the end of pregnancy.

An employer does not have the right to fire a pregnant employee on its own initiative.

The law provides for the termination of an employment contract with her only in the event of:

Liquidation of the organization (not to be confused with the reduction of the number or staff of the organization);

Termination of activity by an individual entrepreneur;

A fixed-term employment contract concluded for the duration of the performance of the duties of an absent employee.

If everything is clear enough with the first two points, let's look at the situation of an employee working in the place of an absent employee under a fixed-term employment contract.

A fixed-term employment contract contains an indication of a specific period of validity or certain circumstances upon the occurrence of which the contract will be terminated, for example: “A fixed-term employment contract was concluded for the duration of the absence of the main employee Ivanova I.I.”.

And then the termination of the employment contract is really possible, but subject to the simultaneous observance of two conditions:

It is impossible to offer an employee before the end of the pregnancy another job that she can perform in her position;

The main worker went to work.

A pregnant employee can and should be offered both vacant and lower or less paid positions.

Please note that when concluding a fixed-term employment contract for other reasons (for example, for a seasonal work or project activities) it cannot be terminated until the end of pregnancy. Therefore, the employer must, despite the reasons for the end of the pregnancy (birth of a child, miscarriage, termination of pregnancy), extend the fixed-term employment contract until the end of the pregnancy. In this case, the employer may require a certificate as a confirmation of pregnancy, but not more than once every three months.

right second: for light work.

For employees who are in position, it is preferable to perform lighter work. To exercise her right, the employee needs to write an application in any form about transferring to light work and submit a medical report on the need to transfer to another job. Such a conclusion is issued by a doctor who observes a woman. In conclusion there is detailed description what factors should be excluded from its work.

There are serious labor restrictions for pregnant women: for example, lifting weights, working in basements, in a draft, in conditions of wet clothes and shoes, in conditions of exposure to harmful production factors.

You also need to know that every pregnant woman has the right to switch to work on a reduced schedule. exact amount working hours, to which the working hours for the expectant mother should be reduced, the law does not stipulate, therefore the issue is resolved by agreement with the employer. But keep in mind that with this mode of work, wages will be reduced accordingly.

Please note that an employee who is expecting a baby cannot be assigned to work:

Night (from 22:00 to 06:00);

Overtime;

On weekends;

On holidays that are non-working days;

And also sent on business trips.

right third: to take time off to see a doctor.

A pregnant employee has the right to request time off for appointments with doctors as needed. In the case of a complicated course of pregnancy, examinations by doctors, as well as laboratory tests, can be, if not daily, then very frequent.

The employer is obliged to ensure that the pregnant employee can freely undergo the necessary examinations. At the same time, for the duration of such surveys, she retains her average earnings at her place of work.

In order to take advantage of this guarantee, you must present a certificate from a medical institution confirming pregnancy.

On days when an employee needs to come to work later or leave earlier, a coupon for an appointment with a specialist can serve as proof of a visit to a doctor. In order to avoid conflicts with the employer, coupons are best kept and presented as needed. In this case, the employer will not be able to accuse the pregnant employee of absenteeism.

It is important to remember that it is unacceptable to miss a doctor's appointment, despite the possible misunderstanding on the part of colleagues or management.

Right Fourth: for the use of regular annual leave.

For pregnant women, a preferential rule for using leave has been established: regardless of the length of service with the current employer, they can take annual leave before going on maternity leave (which is called maternity leave in the law - B&R) or immediately after the end of maternity leave.

Please note that a pregnant employee cannot be prematurely recalled from vacation.

right fifth: for the provision and payment of maternity leave.

As for maternity leave (so-called maternity leave), it is granted at 30 weeks' gestation. If the birth of two or more children is expected, then the woman goes on maternity leave two weeks earlier. The duration of the leave depends on the number of children and the severity of the course of childbirth and ranges from 140 to 194 days. The sick leave is drawn up by a gynecologist or an obstetrician-gynecologist at the place of observation of a woman.

During this leave, an allowance is due, which is paid immediately for the entire period of the decree upon presentation of a sick leave.

A pregnant employee has the right to continue working after reaching the 30th week of pregnancy, but it must be borne in mind that she will only be paid wages. The benefit will only be paid when the employee actually stops working and goes on maternity leave.

For example, the standard maternity sick leave is 140 days, but the employee continued to work for another 21 days, so the number of days for payment under the BiR will be: 140 - 21 = 119 days.

It may be financially more profitable to work if the salary is higher than the maximum benefit payable for the period of pregnancy and childbirth.

In 2016, the maximum allowance cannot exceed 248,164 rubles. (for the entire period of standard leave - 140 calendar days), that is average daily earnings must be equal to or exceed 1772.60 rubles.

Registration of work upon reaching the period of 30 weeks occurs at the written request of the employee with the mandatory submission of a sick leave.

And remember: no one has the right to refuse you if you want to continue working or exercise any of the above rights. Do not forget also that for the duration of your absence from work, your place is reserved for you. Try not to get involved in the discussion of your situation, various disputes and possible manifestations of dissatisfaction with colleagues or superiors.

The main thing you should pay attention to is your health and the health of the baby.

For pregnant women, the Labor Code establishes additional social guarantees. They consist, first of all, in the possibility of removing the expectant mother from harmful and dangerous working conditions, transferring her to light work. At the same time, the employer does not have the right to dismiss an employee who proves the fact of pregnancy with an appropriate certificate.

Article of the law

In some cases, during pregnancy, a woman is recommended to switch to light work. This concept implies a reduction in production rates, the exclusion of the impact of adverse production factors, etc. Transfer to lighter work is carried out within the framework of Article 254 of the Labor Code.

on night shifts;
weekend;
non-working holidays;
overtime;
on business trips.

Labor legislation obliges the employer to pay for the work of a pregnant woman transferred to other working conditions at the average wage due to her in her previous place.

Light labor for pregnant women according to the Labor Code of the Russian Federation

There are a number of jobs where it can be not only dangerous for a woman in position to work, but also difficult. In particular, points related to:

weight lifting;
work on the conveyor;
work associated with emotional stress;
work with harmful, toxic substances, etc.

The indicators of these impacts can be specified in the acts of a special assessment of the workplace. Therefore, the first thing an employer should do is to determine whether the work performed is harmful to a pregnant woman and her baby. When establishing a class of working conditions 3.1 and above we can talk about the presence of harmful factors and the need to transfer the employee to light work.

In the field of trade and medicine

This rule applies to the employer of any field of activity. But there are jobs that cannot be called complex and unhealthy, but a woman in a position claims a different kind of work. This may apply to the trade in household chemicals and medical workers whose work is related to laboratory research using chemicals, as well as antiseptic solutions.

In this case, it is recommended to accurately describe your labor duties to the doctor of the antenatal clinic when issuing a certificate of transfer to light work. If the certificate is drawn up correctly, the employer will be obliged to review the place of work and provide favorable conditions.

The doctor must indicate in the certificate which negative factors should be excluded.

In the field of education

As for teachers, their work is directly related to psychological stress, which should also be avoided by a pregnant woman. Therefore, when applying with a statement and a certificate from a medical institution, she can count on a reduction in teaching hours.

in banks

The question of the impact of office equipment on the body of a pregnant woman remains controversial. Therefore, employees of banks and other institutions where the main work is related to processing information on a computer and printing on a printer can apply for other activities at the discretion of the management. Pretty hard to define harmful effect, it can be proved only on the basis of a special estimate. Today modern technology and monitors practically exclude the negative impact on the human body.

In this case, the doctor in the certificate may indicate recommendations on reducing the time spent working with office equipment to three hours a day. The rest of the time, a pregnant woman can do other work at the request of the employer.

Help for light work during pregnancy

At the request of the employee and the certificate provided medical institution, the employer is obliged to transfer her to the area of work where the impact of negative factors will be excluded, and the load on the body of the expectant mother is also reduced.

From what date is it issued?

Often the question arises of how long a woman can apply for a change in working conditions. Legislation on this matter does not give clear instructions, giving the right to recommend a transfer to light work to a medical worker observing a future mother.

It follows that a woman at any stage of pregnancy can apply to a gynecologist with a request to issue a medical certificate on transfer to light work. In this case, the doctor must correlate the norms of work at the current moment, the comfort of the conditions, as well as the presence of harmful factors. Only on the basis of the presence in a particular case of difficulties for pregnancy, the issue of issuing an appropriate certificate is decided.

Where can you get it during pregnancy?

A certificate is issued only by a gynecologist who conducts a woman's pregnancy. Therefore, to obtain it, you should contact the antenatal clinic to your doctor. The medical report must be certified by his signature, the signature of the head and the seal of the medical institution.

The antenatal clinic doctor may refuse to issue a certificate only if there are good reasons. In this case, the pregnant woman has the right to clarify the reasons for the refusal, to seek clarification from the head of the institution, and then to higher authorities.

How to transfer a pregnant woman to another job?

A prerequisite for the transfer of a future mother to light work is the provision of two documents by her:

conclusions of the doctor of the antenatal clinic, in whom it is observed during pregnancy;
application for transfer to light work - .

In a conflict situation when the employer does not want to pay the required salary, then use a statement of this type -.

Based on them, the employer decides to reduce the rate of production, maintenance or transfer to another job that is easy. This is done on the basis of part 1 of article 254 of the Labor Code.

In the case of a positive decision, an order is drawn up for the organization on a temporary transfer and an additional agreement is concluded with the employee to the employment contract. It sets out new working conditions. A pregnant employee must be familiarized with these documents against signature.

The application is mandatory, since on its basis all manipulations on the transfer by the employer are carried out. He does not have the right to unilaterally change working conditions, so the application serves as proof that they have been changed at the initiative of the employee.

How is translation labor paid?

When using production and maintenance rates, they are reduced by 40%. It is also possible to transfer a pregnant woman to part-time work, but in this case, payment will be made in proportion to the hours worked.

Even after the transfer to light work, the employer is obliged to retain her average earnings, which were applied at the previous workplace. If it is impossible to immediately find a suitable job, a pregnant woman cannot be obliged to carry out activities in the same conditions. At the same time, she does not lose earnings for those days that she is forced to be suspended. The employer is obliged at his own expense to provide the necessary payments for them at the average salary.

As soon as it appears suitable job a pregnant woman, according to the recommendations of the doctor, she will be invited and continue to perform labor functions in the new conditions.

When does the easy work period end?

The end of the time for providing easy working conditions coincides with the employee's going on sick leave for pregnancy and childbirth. At the same time, she has the right to take another vacation before his onset. Labor Code in Art. 122 and 260 makes it possible to take the next paid vacation in full.

The vacation schedule drawn up in the organization does not apply to the woman in this case.

This means that she can take all 28 calendar days before the onset of the sick leave.

It is impossible to fire a pregnant woman according to the law. The only exception is the case when she was temporarily accepted to a place replacing the main employee, and this employee intends to start working again. But then the pregnant woman must be offered all available vacancies in the organization. If there are none, the contract is terminated.