Labor Code of the Russian Federation on the rights of pregnant women. Transfer to another job

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 work assigned, but when hiring pregnant women, it is prohibited to establish probation(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 the probationary period from the day the woman submitted a certificate confirming the 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 time regime 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 the period of work on a part-time basis, a woman's labor rights 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 salary at the place of work is reserved 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) in 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 court practice shows 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, measures can be applied to pregnant employees disciplinary action, for example, a reprimand or 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.

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 the 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, you can work again full day.

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 get medical institution a certificate stating that the woman is indeed 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 a medical institution and at the same time wrote an application to change the work schedule, the management does not have the 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 the 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 activities, 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.
It is also considered harmful labor activity with severe temperature and pressure fluctuations.

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.

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

What are the labor rights of a pregnant woman?

Labor rights of a pregnant woman when applying for a job

If it so happened that during pregnancy you decided for some reason to get a job. This reason may be that you quit your previous job, and after a few days found out about the pregnancy or the decision to work before the decree in order to receive benefits - it does not matter. In any case, according to Article 64 of the Labor Code of the Russian Federation:

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

“Unjustified refusal to hire or unjustified dismissal of a woman on the grounds of her pregnancy, as well as unjustified refusal to hire or unjustified dismissal from work of a woman with children under the age of three, for these reasons - shall be punishable by a fine of up to 200,000 rubles or in the amount of wages or other income of the convicted person for a period of up to eighteen months, or compulsory work for up to three hundred and sixty hours.

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

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

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

“A test for employment is not established for: persons elected by competition for replacement relevant position conducted in accordance with the procedure established by labor legislation and other regulatory legal acts containing labor law norms; pregnant women and women with children under the age of one and a half years ... ".

In addition, the employer does not have the right to dismiss a pregnant woman due to the end of the probationary period if she did not show the abilities necessary for work. But if you exercised your right and did not inform the employer about your pregnancy, agree to a probationary period, but tell the employer about your pregnancy some time before it ends. In this case, you will not be fired in any case, even if you do not pass the test.

Pregnancy and work: working conditions

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

“Pregnant women, in accordance with a medical report and upon their application, are reduced production rates, service rates, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings from their previous job.

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

Besides, “when undergoing a mandatory dispensary examination in medical institutions, pregnant women retain their average earnings at their place of work.”

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

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

Work associated with constant standing, bending, stretching, work on stairs,

Piece work and/or conveyor work,

Night shifts (from 22 to 6 hours) or work on weekends and holidays, as well as overtime work and business trips,

Work associated with contact with poisons, radioactive and infectious substances,

Work on vehicles related to moving (controller, stewardess, conductor, driver),

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

In order to exercise your right to be transferred to an easier job, you must bring a doctor's note to your employer requesting that you be released from adverse conditions labor and write an application with a request for a transfer. IN work book this transfer does not fit, as it is temporary.

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

If you feel that working full time is hard for you, maternity employment rights include the possibility for the mother-to-be to work part-time. This is indicated in Article 93 of the Labor Code of the Russian Federation:

“By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both at the time of employment and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, custodian) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established federal laws and other normative legal acts of the Russian Federation”.

Part-time work is counted in the insurance and seniority without any amendments. True, you will not receive an average salary, but depending on the number of hours worked or the volume of work performed.

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

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

Work with a computer and electronics no more than 3 hours per shift,

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

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

Labor rights of a pregnant woman upon dismissal

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

“The termination of an employment contract at the initiative of the employer with pregnant women is not allowed, except in cases of liquidation of the organization or termination of activity by an individual entrepreneur.”

Another reason for the dismissal of a pregnant woman is a miscarriage or termination of her pregnancy, that is, the situation when she ceases to be pregnant. If the pregnancy ended in the birth of a child, the employer does not have the right to dismiss the woman immediately. From the moment of the birth of the child to the moment of dismissal, at least 4 months must pass.

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

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

After your birth, the employer can either fire you due to the expiration of a fixed-term contract, or enter into a contract with you. fixed-term contract according to your application.

If the fixed-term contract was concluded for the duration of the duties of the absent employee and at the time of its termination the employer does not have the opportunity to transfer the pregnant woman to another position corresponding to her qualifications and state of health, the dismissal of the pregnant woman is possible. True, while “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, if it is provided for by the collective agreement, agreements, labor contract.

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

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

As you can see, the labor rights of pregnant women protect the expectant mother from all sides. But it happens that the employer does everything to not respect the labor rights of pregnant women. In this case, try, as long as possible, to resolve everything peacefully - write statements addressed to the head, talk with the authorities. If all to no avail, contact the labor protection inspectorate with a complaint and attached medical certificates. The labor rights of a pregnant woman must be respected - and it is worth fighting for!

The Plenum of the Supreme Court of the Russian Federation, in Resolution No. 1 dated January 28, 2014, clarified a number of issues regulating the specifics of the work of women, persons with family responsibilities and minors. The clarifications are given taking into account the practice and issues that arise in the courts when considering labor disputes on similar topics. The clarifications of the Plenum of the Supreme Court of the Russian Federation will ensure the unity of the application of labor legislation by the courts and put an end to long-standing disputes between employees and employers.

1. If the employer did not know about the employee’s pregnancy and issued a dismissal in a situation where, according to the law, termination of the contract with pregnant women is prohibited, then the subsequent request from the employee to reinstate work is subject to satisfaction
Reason: Clause 25 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1

2. The employment contract, the end of which took place during the period of the employee's pregnancy, in general, must be extended until the end of the pregnancy. At the same time, in the case of the birth of a child, the need for dismissal is indicated not within a week after the child’s birthday, but on the last day of maternity leave
Reason: Clause 27 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1

3. Testing for employment is not established for pregnant women, women with children under the age of 1.5 years, as well as persons under 18 years of age. This rule also applies to other persons raising children under the age of 1.5 years without a mother.

If a test was established for such employees, then termination of the employment contract with them based on the results of the test is unlawful
Reason: Clause 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1

Guarantees at the conclusion of an employment contract

In Art. Art. Articles 64 and 70 of the Labor Code stipulate the guarantees provided to pregnant women at the conclusion of an employment contract. Yes, it is forbidden:
- refuse to hire a woman for reasons related to her pregnancy (part 3 of article 64 of the Labor Code of the Russian Federation);
- establish a probationary period for employment for pregnant women (Article 70 of the Labor Code of the Russian Federation).

Labor Relations

So, the employment contract with the employee is concluded. Consider what guarantees and benefits rely on in the framework of labor relations for pregnant employees.

part-time work

Pregnant women may be assigned a part-time work regime.
In fact, the modes of operation can be as follows:

part-time (shift). When a part-time work day (shift) is established for an employee, the number of hours of work per day (per shift) accepted for this category of employees is reduced;

part-time work week. When establishing a part-time working week for an employee, the number of working days is reduced in comparison with the working week established for this category of employees. At the same time, the length of the working day (shift) remains normal;

combination of part-time work modes. Labor legislation allows a combination of a part-time work week with part-time work. At the same time, the number of hours of work per day (per shift) established for this category of workers is reduced, while the number of working days per week is also reduced.

Pregnant women can apply to the employer with a request to establish a part-time (shift) or part-time working week both at the time of employment and subsequently. The employer is obliged to satisfy such a request (part 1 of article 93 of the Labor Code of the Russian Federation). Part-time work can be established both without time limit, and for any period convenient for employees.

Special working conditions for pregnant women

With regard to pregnant women, the Labor Code establishes a number of rules prohibiting their involvement:

to work at night and to overtime work (part 5 of article 96, part 5 of article 99 and part 1 of article 259 of the Labor Code of the Russian Federation);

work on weekends and non-working holidays (part 1 of article 259 of the Labor Code of the Russian Federation);

work on a rotational basis (Article 298 of the Labor Code of the Russian Federation).

If a woman is pregnant, the employer does not have the right to send her on business trips (part 1 of article 259 of the Labor Code of the Russian Federation).

Transfer to light work

Pregnant employees, on the basis of a medical report and at their request, should have reduced production rates, service rates, or they should be transferred to another job that excludes the impact of adverse production factors (part 1 of article 254 of the Labor Code of the Russian Federation).

Guaranteed average earnings

The Labor Code establishes several cases in which a pregnant employee retains average earnings:

the period during which a pregnant woman performs lighter work. This time is paid based on the average earnings of an employee in her previous job (part 1 of article 254 and article 139 of the Labor Code of the Russian Federation);

the period during which the employee is released from work due to her harmful effects until she is provided with suitable work. The working days missed as a result of this are paid based on the average earnings from the previous job (part 2 of article 254 of the Labor Code of the Russian Federation);

the period of her passing a mandatory dispensary examination in a medical institution (part 3 of article 254 of the Labor Code of the Russian Federation).

Note. Do I need to confirm the passage of a dispensary examination? The Labor Code does not impose on a woman the obligation to submit to the employer any documents confirming the passage of a dispensary examination. Nevertheless, it is advisable in writing (referring to the norm of part 3 of article 254 of the Labor Code of the Russian Federation) to warn the employee about her absence from the workplace for this reason, so that it is not regarded as absenteeism and during this time the average earnings were saved.

Granting maternity leave

Maternity leave is a special type of leave. It is provided on the basis of an application and a certificate of incapacity for work (part 1 of article 255 of the Labor Code of the Russian Federation). For calendar days of maternity leave, the employer assigns an appropriate allowance. The period a woman is on maternity leave is taken into account when calculating the length of service giving the right to annual paid leave (part 1 of article 121 of the Labor Code of the Russian Federation).

Guarantees when granting the next vacation

By general rule the right to use leave for the first year of work arises for the employee after six months of his continuous work with this employer (part 2 of article 122 of the Labor Code of the Russian Federation). However, for certain categories of workers, the Labor Code provides for an exception to the general rule. So, regardless of the length of service with this employer (even before the expiration of six months from the start of continuous work in the organization), paid leave at the request of the employee must be granted:

women before maternity leave or immediately after it, or at the end of parental leave (part 3 of article 122 and article 260 of the Labor Code of the Russian Federation). The employee determines the date of her annual paid leave on her own. As a rule, annual leave turns into maternity leave. In addition, it is forbidden to withdraw a pregnant employee from the annual main and additional holidays (part 3 of article 125 of the Labor Code of the Russian Federation) and replace these holidays or parts thereof with monetary compensation (part 3 of article 126 of the Labor Code of the Russian Federation);

husband while his wife is on maternity leave (part 4 of article 123 of the Labor Code of the Russian Federation).

At the same time, the annual paid vacation for this category of persons is provided at a time convenient for them, regardless of the vacation schedule drawn up. The minimum duration of the annual basic paid leave is currently 28 calendar days (part 1 of article 115 of the Labor Code of the Russian Federation).

Prohibition on dismissal at the initiative of the employer

The Labor Code prohibits the dismissal of pregnant women at the initiative of the employer (with the exception of cases of liquidation of an organization or termination of activity by an individual entrepreneur) (part 1 of article 261 of the Labor Code of the Russian Federation).
However, there are options for terminating an employment relationship with a pregnant employee. For example, if a pregnant employee works under a fixed-term employment contract.

Dismissal is not allowed if...

During the period of validity of a fixed-term employment contract, a pregnant employee will write an application to extend the validity of the employment contract until the end of pregnancy and submit an appropriate medical certificate, the employer is obliged to satisfy the request of the woman (part 2 of article 261 of the Labor Code of the Russian Federation). At the same time, at the request of the employer, the employee must submit a medical certificate confirming pregnancy, but not more than once every three months. A change in the terms of the term of the employment contract must be fixed in an additional agreement.

Please note: the moment of concluding a fixed-term employment contract (before or after the onset of pregnancy) does not matter for extending the term of this contract.

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

On a note. The actual end of pregnancy should be understood as the birth of a child, as well as artificial termination (abortion) or miscarriage (miscarriage) of pregnancy.

Maternity leave and benefits. During the term of the employment contract, a pregnant employee can take maternity leave. In this case, she must be paid the appropriate allowance in full for all calendar days of maternity leave (Article 255 of the Labor Code of the Russian Federation)

Dismissal is possible if (part 3 of article 261 of the Labor Code of the Russian Federation) ...

a fixed-term employment contract was concluded with her for the duration of the performance of the duties of an absent employee. In this case, the dismissal of a pregnant employee is allowed due to the expiration of the employment contract (clause 2, part 1, article 77 of the Labor Code of the Russian Federation);

the organization does not have work that a pregnant employee can perform, or she refused the proposed work options (clause 8, part 1, article 77 of the Labor Code of the Russian Federation).

What kind of work should an employer offer a woman?

According to part 3 of Art. 261 of the Labor Code of the Russian Federation:

not only that job or vacant position that corresponds to her qualifications, but also a lower position or a lower-paid job;

all available vacancies that meet health requirements;

vacancies and jobs available to the employer in the area. Vacancies and work available in another locality must be offered in cases where this is provided for by the collective agreement, agreements or employment contract.

If the woman agrees to the transfer, some conditions, such as the place of work, position or term of the employment contract, are changed by concluding an additional agreement to the employment contract.

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 the psychological burden, 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, 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.