Law on pregnant women at work. Transfer to another job. Features of the provision and registration of the vacation period

Every working woman sooner or later goes on maternity leave. The employer partially respects the rights of pregnant women at work or does not take their situation into account at all. But the legislation of our country provides many rights and benefits for expectant mothers, but not all pregnant women know about them. Let's figure out what a pregnant woman can claim.

What rights does a pregnant woman have under the law?

When she first finds herself in a position, a woman is obliged to know the privileges that she is entitled to by law. Very often, an “unskilled” pregnant woman is discriminated against and deprived of the privileges provided for by the Labor Code. To avoid getting into such a situation, you need to know the legal side of labor issues.

Do I need to hide my position when applying for a job?

Pregnancy cannot be called a disease. Therefore, a pregnant woman retains the right to “ask” for a job and they do not have the right to refuse her employment because of an interesting situation, making it the reason for the refusal. And the Labor Code of the Russian Federation provides for criminal punishment for denying a woman a position. They may refuse to accept a position if their education or its level does not meet the requirements of the workplace.

If the employer is being fussy and trying to find non-existent reasons, demand a written refusal indicating the reasons why he cannot or does not want to hire you. This document can be decisive if the case goes to court.

There is no probationary period for pregnant women at any enterprise or organization. They must hire her immediately. The law does not prohibit a pregnant woman from “concealing” the fact of pregnancy when applying for a job, and the employer does not have the legal right to hold her accountable after disclosing the “secret.” In this case, it plays a role moral principles, and if you want to remain in your position after maternity leave, then it’s better not to hide your position.

Rights of pregnant women at work: can an expectant mother be fired?

At her main job, she has no right to terminate her employment due to pregnancy. Here, “cunning” directors will not be helped by the reason for their negligent attitude towards work. A pregnant woman who negligently performs job responsibilities, the maximum that threatens is a reprimand. An expectant mother can be dismissed from her position only in one case - complete liquidation enterprises (a transfer from one owner to another or a change in the form of government does not constitute complete liquidation). The same reasons for dismissal apply to mothers on maternity leave.

In cases where the employee works under an employment contract. and the end of its term falls at the time of pregnancy, according to the law, the authorities must conclude with the expectant mother labor contract before the baby is born. Only after a successful delivery or in unforeseen circumstances, the loss of a fetus (miscarriage) at work has the right to terminate the employment contract with her.

Working conditions for women in interesting positions at their main place of work: what could change?

The rights of pregnant women to light work are protected legislative framework. According to the Labor Code of the Russian Federation, a pregnant woman has the right to move to a place with reduced working hours. How many mandatory hours a pregnant woman must work is not specified, so this issue is resolved with management. As for payment, it will be calculated only for hours worked.

The Labor Code also stipulates that a pregnant woman is not required to work on weekends, holidays, nights or overtime. There are no mandatory (under the direction of superiors) business trips for them.

As an exception, when working conditions are contraindicated for a pregnant woman, and this is confirmed by a medical report, she is required to transfer her to easier working conditions, but at the same time maintain her average monthly earnings from her previous position.

Maternity leave. What many people don't know?

According to the Labor Code, which applies to all employees, an employee has the right to annual leave. When going on vacation, the employee is required to pay vacation pay. For those who work in the organization for the first year, this right begins after the first six months worked. As for women in interesting position, then they are allowed to go on the required annual leave by adding it to the maternity leave (that is, to “take a day off” before or after the maternity leave). How long a woman has worked does not matter.

The law prohibits the expectant mother from being recalled early from annual leave. The concept of “maternity leave” can be divided into two positions, namely:

1) First comes statutory paid maternity leave. It is provided on the basis of a hospital document (sick leave), which is issued for a period of 30–32 weeks. In case of multiple pregnancy, the law allows a woman to go on such leave at 28 weeks. It lasts:

• 140 days - subject to normal pregnancy and successful delivery;
• 194 days - if there is more than one fetus or complications arise during childbirth.

All vacation days are paid, vacation pay is accrued in the amount of 100% of the average monthly earnings (regardless of length of service). Vacation pay is paid in one lump sum.

2) Parental leave for up to 3 years. It is also divided into:

• care leave up to 1.5 years;
• vacation from 1.5 to 3 years.

The basis for sending a woman on maternity leave is the baby’s birth certificate. According to the date of birth indicated in it, the employer must provide the successful mother with unpaid leave for a period of 3 years. All employment relationships remain with the mother, and the employer has no right to fire or transfer to another place of work without her knowledge and consent. The only exception is the complete liquidation of the enterprise. Only in this case can the maternity leaver be fired, but they must give notice of this at least two months in advance.

How to confront your boss with the fact of your situation?

When you see two lines on a test, you shouldn’t immediately run to your boss and declare that you’re pregnant. Many bosses, upon learning that an employee is pregnant, look for loopholes in the law in order to respect the rights of pregnant women at work to a minimum. But no matter how your boss resists, remember - the law is on your side.

To avoid conflicts at work and to prevent your boss from unlawfully infringing on the rights of a pregnant woman, you must:

1. It is advisable to come for a mandatory examination by a gynecologist before the 12th week. The first ultrasound (scheduled at 11–13 weeks) will show whether your baby is healthy. In cases where a pathology is detected in the fetus, and the doctor insists on an abortion, then it is no longer worth talking about the rights of pregnant women. If everything is in order, then register and take a document that confirms your interesting position.
2. Received in antenatal clinic certificate, take it to the HR department. If you have a suspicion that the “news” about your position will not be received with a bang, then first make a copy of the certificate and have the personnel officer put on it the date of receipt of the document and incoming number registration. Very often, such a piece of paper helps a woman defend her rights.
3. In addition to the certificate, you can optionally write a statement in any form. In it you indicate that you want to enjoy all the rights and benefits that are legally provided for pregnant women. Usually such statements are “in use” when a “hard-headed” boss does not want to take into account the employee’s situation.

With such actions you will insure yourself against unexpected “surprises” from management.

Excerpts from the Labor Code of the Russian Federation. Get ready to meet the boss!

The Labor Code (LC) was developed back in Soviet times, so the information below will be useful not only to citizens Russian Federation, but also to everyone who has citizenship in post-Soviet countries. Since it was this legislative code that formed the basis of the Labor Codes of the countries formed after the collapse of the USSR. The only difference may be the article numbers, which you will have to refer to to prove to your superiors that you are right.

Rights of pregnant women at work, what can you claim according to the Labor Code of the Russian Federation?

• Art. 64 – prohibits refusal of employment due to future motherhood;
• Art. 70 – exempts from passing probationary period;
• Art. 255 – regulates issues regarding maternity (maternity) leave;
• Art. 258 – if you return to work before the end of maternity leave, then according to this article, until the child is one and a half years old, the woman has the right to additional time intended for feeding him (30 minutes, but every 3 hours);
• Art. 259 – protects against being sent on a business trip (with the exception of the written consent of the expectant mother) and working at night, holidays, and overtime;
• Art. 261 – prohibits the dismissal of women in position;
• Art. 298 – excludes employment with rotational working conditions.

Waiting for the birth of a child is a bright period for every woman, so nothing should overshadow this time. To ensure that the rights of pregnant women are not violated at work, try to resolve everything non-standard situations with management through dialogue, but do not forget to point out to your superiors the legal component that you already know about. Have an easy birth and conflict-free situations at work.

You will need

• - Labor Code of the Russian Federation;
• - employment agreement (contract);
• - a certificate from the antenatal clinic confirming the presence of pregnancy.

Instructions

A pregnant woman cannot continue to work with the same workload as before. That is why, on the basis of Article 93 of the Labor Code of the Russian Federation, she has the right to demand the establishment of a part-time or part-time working week. A new work schedule for a pregnant woman is established based on her application by concluding an additional agreement to the employment contract. It clearly states the work and rest schedule of the expectant mother, as well as other duties due to her in connection with special status privileges. Then an appropriate order is issued to change the pregnant woman’s work schedule. However, women must remember that incomplete work time are paid in proportion to the hours worked, so their income can dramatically increase. In addition, part-time work cannot be less than 4 hours, and part-time work cannot be less than 20 hours per week.

The legislator has provided for a number of cases when the expectant mother cannot work even with her written consent. Article 259 of the Labor Code of the Russian Federation prohibits working at night. In addition, they cannot work overtime beyond the duration of the work period established for them, on weekends, and on holidays. It is prohibited to send pregnant women on any business trips, even if they are dictated by serious business needs. If a woman’s work involves traveling, then after pregnancy, she can work as usual, as long as this does not negatively affect her health.

If the rights of a pregnant woman are violated, she can appeal against the illegal actions of the enterprise management by writing a corresponding application to the State Labor Inspectorate. You can send a similar complaint to the prosecutor's office, or write statement of claim to court.

Helpful advice

According to the provisions of Order 224 of the Ministry of Health and Social Development of Russia dated March 30, 2006, pregnant women have the right to weekly medical examination. Therefore, the employer must provide to the expectant mother the opportunity to visit the gynecologist who is observing her, take the necessary laboratory tests, and undergo examinations by specialists. To avoid possible complications and disagreements with management, a pregnant woman is recommended to write a free-form application addressed to the director. It should indicate that due to pregnancy, she will be absent from work at a certain time, and after undergoing a medical examination or examination, provide a document confirming the visit to doctors.

Pregnancy - great time. But this is not only joy. For a woman, this period is not only responsible, but also very difficult. The body is completely changing, constantly transforming. Often, pregnancy seriously affects a girl’s performance. If she is employed, then this situation will also affect the quality of work. Therefore, in Russia light work is provided for a pregnant woman. This measure is prescribed in the country's Labor Code. But light work is far from the only opportunity given to pregnant women in terms of working activities. What rights does a woman have during such a crucial period? What does the Labor Code of the Russian Federation regulate?

Articles of the law

For girls who have received the status of pregnant women, there are special rules and labor standards. They are established at the legislative level. Of course, we are talking about studying the Labor Code. But what specific articles of legislation should one refer to in order to understand all the peculiarities of the work of pregnant employees?

There are only a few labor standards. This is Art. 93 of the Labor Code of the Russian Federation, as well as Article 254 of this country code. They indicate the basic rules and regulations that an employer must comply with if he employs a pregnant girl.

Production standards

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

Therefore, the first rule that is provided for is that all employees who have received the status in question must work with changes in production standards. They should be reduced. To what extent? It all depends on the woman’s health condition. Often medical workers They give girls certificates with recommendations on this matter.

Unfavorable factors

The features don't end there. The point is that light labor for a pregnant woman is necessarily provided by the employer. If we are talking about a vacancy that involves working in an unfavorable environment for subordinates, you will have to worry about eliminating these factors. That is, when a woman in an interesting position works, say, in a hazardous industry, the employer must find her a more suitable vacancy.

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

And earnings

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

It's about making money. Typically, a lighter workload means lower pay. But not in the case of pregnant women. According to established rules, the salaries of such people cannot be reduced. Light work for a pregnant woman takes place, but at the same time the average earnings must be maintained.

In fact, being in an interesting position, a woman will work less and receive the same amount as she earned on average before. If the employer violates the established rule, you can complain against him. You must refer to Article 254 of the Labor Code. It is here, in the first paragraph, that the average earnings are preserved when a pregnant woman is transferred to light work.

If there is no work

ABOUT following feature Few know. And not every employer will agree to comply with the proposed standards. The previously mentioned article indicates that light labor for pregnant women is a mandatory measure. An employer does not have the right to refuse a girl in an interesting position to provide a vacancy and work that eliminates the occurrence of unfavorable production factors. That's not all important points, which has the transfer of a pregnant woman to light work. Payment for such work should not be reduced (only in some cases). But in this case, Article 254 of the Labor Code of the Russian Federation will no longer be in effect.

What to do if the company cannot this moment offer your employee easy work? What does the Labor Code say? In this case, pregnant women are subject to suspension from work. And it is allowed to resume it only when the negative ones are eliminated and the transition to easy work occurs.

The key feature is that under such circumstances the salary of a pregnant girl cannot be cut. That is, the employee does not work, but receives the same earnings as when carrying out job responsibilities. Cash allocated from the employer's budget.

So, it is advisable for companies to find easy work for a pregnant woman quickly. Otherwise on legally the employee has the right not to perform official duties. And despite this, you receive your salary in full.

Dispensary examination

Sometimes employed girls have to undergo medical examinations in medical institutions. This process is also included in the Labor Code. For pregnant women who undergo a medical examination, the average salary for their position is maintained.

In other words, during a medical examination, no one has the right to fire a pregnant woman, nor to “cut” her salary. This feature must be taken into account in mandatory. True, we are only talking about mandatory medical examination. Not the most common occurrence, but it does happen.

Already given birth

The Labor Code of the Russian Federation provides for such easy work for pregnant women. Also, Article 254 of this code indicates some features of the work of those who arrived to perform official duties before born child less than a year and a half old.

This circumstance can also bring a lot of trouble to the employer. After all, at the request of the new mother, the employee will have to be transferred to another position that involves light labor. At the same time, the average salary for the job duties performed must be maintained. How long can a citizen work at an easy pace? Until the child turns 1.5 years old. Afterwards, the employer transfers the mother to a normal way of working, which does not provide any concessions.

Only upon request

What else do employers and subordinates need to know? The point is that a pregnant woman can be transferred to light work only upon the girl’s personal application. If this document has not been provided to management, you will have to perform job duties on an equal basis with everyone else. If the employer decides, on his own initiative, to transfer a subordinate to light work, then he has every right to “cut” her earnings. Or do not maintain the average salary for the employee when he is absent from the workplace.

But all this only applies when there is no application for light work. Otherwise, the norms established by the Labor Code will have to be observed. So, until the woman herself decides to reduce her workload, all of the above features will not apply to her. An employee is considered an employee like everyone else.

When to contact

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

This point is not specified in the law. In general, as soon as a woman finds out about pregnancy, she has the right to concessions when performing her official duties. The main thing is to provide a doctor's report as confirmation. On average, approximately a month to a month and a half after conceiving a baby, an employee has the opportunity to transfer to light work.

In practice, this phenomenon rarely occurs. Typically, a statement about reducing the workload when performing job duties is written closer to maternity leave. When the body experiences maximum stress. But even before, a woman had the right to light work. The only task is to obtain a medical certificate about pregnancy. Taking into account the fact that in Russia you can “think” about an abortion before the 12th week of an interesting situation, it is recommended that after this period you write an application for light work.

Part-time work

Everything said earlier is the content of just one. Often, all of the above measures are not applied by employees. Instead, Art. 93 Labor Code of the Russian Federation. What does it say?

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

Again, the request is considered only after a written request to the employer. They can refuse, but it is better not to do this. After all, employees often begin to ask not for a reduction in working hours, but for a transfer to light work.

How much will they pay

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

Either payment based on volume or time of work is considered. It all depends on the position held. Thus, a pregnant woman’s earnings may be lower. This is a huge advantage for the employer. Therefore, in practice, this is exactly the form of work that management offers to employees who are in an interesting position.

Impact on labor rights

How does part-time work affect citizens? According to established laws, no way. Transferring a pregnant woman to light work, as well as laying off work shift according to established standards, should not be reflected in the social package.

That is, vacation and sick leave, as well as everything else labor rights remain with the employee in full. If an employer tries to somehow infringe on a subordinate, you can complain against him. This is a direct violation of the legislation established in Russia. There is no need to be afraid - you should be able to defend your rights. Especially when it comes to vulnerable and weak pregnant women.

How does it actually turn out?

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

But in reality, it turns out that the vast majority of women work full time before maternity leave, without being transferred to light work. And if the employer provides easier conditions for performing job duties, then most likely this will affect earnings - it will become lower.

Unscrupulous employers do this. In addition, sometimes women are simply forced to quit at will"Only conscientious companies comply with all established by law norms. Light work for a pregnant woman is the right of every pregnant woman. And it is up to the employees themselves to decide whether to implement this opportunity. Without a written statement, it can be assumed that the subordinate did not express a desire to receive light work or to be assigned. Both the employer and the employees themselves should remember this.

The labor legislation of the Russian Federation gives pregnant women special rights compared to other workers. They have a number of benefits, which will be discussed in this article. Every woman who provides a certificate from the antenatal clinic confirming registration in connection with pregnancy can take advantage of the privileges. This certificate is registered in the HR department.

Pregnancy and working conditions

Many benefits provided to pregnant women are related to working conditions. Thus, Article 254 of the Labor Code of the Russian Federation states that, at the request of a woman, she can reduce production standards. In addition, it is possible to transfer to another job that eliminates exposure to harmful factors. At the same time, the woman retains both her position and average earnings.

Earnings are maintained even when a woman is absent from work due to undergoing a mandatory medical examination. In this case, the woman must provide the employer with a certificate from the clinic confirming her absence from work precisely for this reason.

Pregnant women are exempt from certain types of work: they are prohibited from lifting weights of more than 2.5 kilograms, working night shifts, or coming into contact with harmful substances.

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

To transfer to more simple work the woman must write an application requesting a transfer and support it with a doctor’s certificate. This procedure will not be reflected in the work book and will not affect the amount of wages.

Article 90 of the Labor Code of the Russian Federation allows a pregnant woman to work part-time by agreement with the employer. In this situation, the pregnant woman’s work and insurance experience are not subject to adjustment, but wage will depend on the hours actually worked.

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

Rights and responsibilities of pregnant women at work

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

The basic rights outlined in the document include the following:

• the right not to go to work on weekends and holidays, do not perform overtime work;
• the right to compulsory payment for maternity leave, regardless of the woman’s length of service;
• the woman retains her job throughout her maternity leave;
• continuation of accrual of labor and insurance experience;
• impossibility of termination employment contract at the initiative of the employer, with the exception of cases of liquidation of the company.

To exercise her rights, a woman can submit written applications for the provision of certain benefits to the management of the organization.

Applications must refer to the articles of legislation under which these benefits are provided.

In addition to the rights listed, pregnant women are assigned certain responsibilities by labor legislation.

These include:

• timely notification of management about the upcoming maternity leave by providing the relevant document;
• compliance with the rules, regulations and charter of the organization;
• preventing absence from work without good reason;
• preventing evasion from performing direct duties.

Getting a new job

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

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

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

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

There is no probationary period for pregnant women and women with children under one and a half years old. This means that a woman cannot be fired due to failure to complete her probationary period. In principle, any infringement of the rights of pregnant women can turn out quite disastrously for employers.

Maria Sokolova

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It is no secret that in our country the rights of pregnant women are violated quite often. They don’t want to hire them, and for those who do work, the bosses sometimes create unbearable working conditions that the woman is simply forced to quit. To prevent this from happening to you, you need to know the rights of pregnant women at work. This is exactly what we will talk about in this article.

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

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

In general, managers, especially men, think only about strict calculations (schedules, plans and possible ways making a profit).

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

Certificate required officially register with the HR department , it must be assigned a corresponding number.

To further protect yourself, do copy of the certificate , and ask for the manager’s signature and a note from the HR department about its acceptance. This way, your management will not be able to claim that they knew nothing about your pregnancy.

Do they have the right to fire or lay off an expectant mother?

According to the labor legislation of the Russian Federation, a pregnant woman on the initiative of the manager You cannot be laid off or fired from your job. Even for gross violation of articles: dishonest performance of duties, absenteeism, etc. The only exception is the complete liquidation of your company.

But even in the event of liquidation of the enterprise, if you immediately contact the labor exchange, then the length of service will be continuous, and you will be awarded monetary compensation.

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

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

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

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

Labor Code on the rights of pregnant women

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

So, Articles 254, 255 and 259 TCRF guarantee that, according to a medical report and personal statement, a pregnant woman must:

• Reduce the rate maintenance and production rate;
• Transfer to a position that eliminates the influence of harmful production factors , but at the same time her average salary remains the same. Before transferring the pregnant woman to new position, she should be released from her work duties while maintaining her salary;
• Pay for working time spent on treatment and medical care ;
• A woman in a “position” is entitled maternity leave.

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

• You cannot lift or carry weights exceeding 5 kg;
• Work involving continuous standing, frequent bending and stretching, and work on stairs;
• Work on weekends, night shifts, as well as overtime work, business trips;
• Work related to radioactive substances and poisons;
• Work related to transport (conductor, flight attendant, driver, controller);
• Some types of activities (for example, a pregnant woman suffering from toxicosis will not be able to work as a cook).

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

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

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

If it is not possible to resolve the problem peacefully, you need to submit an application and all medical certificates to Labor Safety Inspectorate.