Shortened working hours for pregnant women. Special conditions for pregnant workers (as provided by the labor code)

The pregnancy of one of the employees causes quite natural concern for the employer. The establishment of this fact means that a woman has new rights, and the head of the organization, accordingly, has new responsibilities. And failure to comply risks liability. Let's consider how to avoid conflict in such a situation. What does the law say? Even a normal pregnancy is associated with changes in health status, such as increased fatigue or instability of well-being. Besides. many types of work, especially related to physical activity, can lead to dire consequences. Therefore, the legislator introduces a number of special rules regulating the work of pregnant women. This is done to preserve their health, and not to complicate the life of the employer. Normative base The main document regulating relations in the field of hired labor is the Labor Code.

• on night shifts (Article 96 of the Labor Code);
• on weekends and holidays (Art.

• overtime (Article 99 of the Labor Code);
• on shifts (Article 298 of the Labor Code).

Attention

Page content

1. Normative base
2. Registration procedure

The legislation of the Russian Federation reliably protects the rights of pregnant women. The benefits provided to this category of employees are set out in the Labor Code. One of the benefits is the formation of a special shortened working day. Installed only on the initiative of the employee. Regulatory framework Article 254 of the Labor Code of the Russian Federation stipulates that an employee for medical reasons can apply for a reduction in working hours. Pregnancy is one of these indications.

Shortened working hours for pregnant women

The pregnancy of one of the employees causes quite natural concern for the employer. The establishment of this fact means that a woman has new rights, and the head of the organization, accordingly, has new responsibilities. And failure to comply risks liability. Let's consider how to avoid conflict in such a situation. What does the law say? Even a normal pregnancy is associated with changes in health status, such as increased fatigue or instability of well-being. Besides.

Special conditions for pregnant workers (as provided by the labor code)

Many types of work, especially those associated with physical activity, can lead to dire consequences. Therefore, the legislator introduces a number of special rules regulating the work of pregnant women. This is done to preserve their health, and not to complicate the life of the employer. Regulatory framework The main document regulating relations in the field of hired labor is the Labor Code.

Right to shortened working hours for pregnant women

It should be noted that the law obliges the employer to reduce working hours to at least 35 hours per week if an employee under 18 years of age is pregnant or has a Group 1 or 2 disability. But in this case, the need to reduce work is related to age or health status, and not to the fact of pregnancy. Women who plan to exercise the right to reduced working hours should keep the following in mind:

• in proportion to the decrease in the number of working hours, wages will also decrease;
• if a pregnant woman goes on maternity leave in the current calendar year, then such a reduction in salary will not affect the amount of maternity payments, since when calculating maternity benefits, earnings for the past 2 calendar years are taken into account;
• A reduction in working hours will also not affect the duration of annual or maternity leave and the calculation of seniority.

At the same time, the expectant mother will not lose her social guarantees and benefits during leave from the social insurance fund. It should be noted that part-time work does not affect the number of days of vacation payable or seniority, but a corresponding reduction in contributions to social funds may affect other payments. Also, reduced wages due to shortened working hours will lead to a decrease in the overall average earnings, which will affect the amount of vacation pay and travel allowances paid.
An employer cannot require a pregnant employee to work beyond the hours established by the updated reduced schedule, since the use of overtime for pregnant employees is unacceptable.

Shortened working hours for pregnant women

However, restrictions on the rights of a pregnant woman are not allowed, including the reduction of her annual leave, the retention of seniority (including preferential and length of service), bonuses, etc., only in accordance with a medical report. Labor Code of the Russian Federation Article 254. Transfer to another job of pregnant women and women with children under the age of one and a half years Pregnant women, in accordance with a medical report and at their request, production standards, service standards are reduced, or these women are transferred to another job that excludes exposure to adverse production factors, while maintaining the average earnings from the previous job.

Procedure for reducing working hours for pregnant employees

The application must indicate how many hours the employee wishes to reduce her working time and what exactly should be reduced - a working day, a working week, or both. In addition, the application must indicate for how long the employee wishes to work part-time. The fact is that it is not at all necessary to switch to a reduced schedule until you go on maternity leave.

Are pregnant women entitled to shorter working hours?

The legislator prohibits engaging her in work:

• on night shifts (Article 96 of the Labor Code);
• on weekends and holidays (Article 112 of the Labor Code);
• overtime (Article 99 of the Labor Code);
• on shifts (Article 298 of the Labor Code).

Working hours for pregnant women according to the Labor Code If a pregnant woman wants to exercise her right to have her working hours reduced, she contacts her employer with an application. She can do this at any time. The length of pregnancy or the woman’s work experience in the organization does not play any role. Part-time work can be negotiated immediately when a woman in this position is hired.
You can also return to your normal schedule at any time. Application example: Sample application from an employee Visiting a doctor at a antenatal clinic Registration and obtaining a pregnancy certificate imposes an obligation on a woman to undergo periodic medical examinations.

Shortening your working day during pregnancy: when can you count on it?

The Labor Code of the Russian Federation provides for the introduction of reduced working hours for: In this case, reduced working hours means establishing less in comparison with generally accepted labor standards without reducing wages. That is, a reduction in the immediate level of production standards. Part-time working hours are regulated by the provisions of Art.

Attention

Labor Code of the Russian Federation, and provides for a working time shorter than that established by generally accepted standards for shift duration in particular, and working week generally. This is the basis for the changed payment procedure for employees working in this mode - wages are paid to them based on the amount of time worked, or the volume of work performed. Thus, with a shortened day, the salary may be lower than the minimum established by law in proportion to the working time spent by the employee.

How to shorten a pregnant woman's working day?

The working hours of medical institutions, as a rule, coincide with the working hours of most organizations and enterprises. This means that you have to undergo medical examination during working hours. To ensure that a woman does not lose her earnings and does not refuse medical research on this basis, the legislator has provided a number of measures, namely, maintaining the woman’s average earnings during the medical examination. In addition, her absence from work is not considered absenteeism. Even if she didn't warn the employer. It is enough to take a certificate from the clinic and provide it to the manager after visiting the doctor.

Are pregnant women entitled to shorter working hours?

A shortened working day for pregnant women is one of the privileges that a working woman can take advantage of while she is expecting a baby. You will find the answer to the question under what conditions working hours can be reduced in this article. Which pregnant women are entitled to reduced working hours? Rules for reducing working hours How is a reduction in working time formalized? Which pregnant women are entitled to reduced working hours? The main document that enshrines labor guarantees for pregnant women is the Labor Code. Among other things, he talks about the possibility of reducing working hours for the expectant mother. Subscribe to our channel in Yandex.Zen! Subscribe to the channel Every employee has the right to reduce work hours while expecting a child.
Features The Labor Code of the Russian Federation does not stipulate the number of hours by which the working day should be reduced. This volume is determined individually: depending on the wishes of the employer and the pregnant woman herself. As a rule, the shift is reduced by 1-2 hours. An alternative option is to arrange a weekly additional day off.

If pregnancy is accompanied by some negative factors, the shift is reduced by more hours. In particular, this is relevant in the following cases:

• Disability groups 1 and 2 for an employee. The working week should not exceed 35 hours.
• if the employee has not reached the age of majority. A similar rule applies.

ATTENTION! Shortening a shift cannot affect the duration annual leave or maternity leave.
Page content

1. Normative base
2. In what cases is the benefit provided?
3. Registration procedure
4. How are shortened shifts paid?
5. What to do if the employer refuses to shorten the shift?

The legislation of the Russian Federation reliably protects the rights of pregnant women. The benefits provided to this category of employees are set out in the Labor Code. One of the benefits is the formation of a special shortened working day. Installed only on the initiative of the employee. Regulatory framework Article 254 of the Labor Code of the Russian Federation stipulates that an employee for medical reasons can apply for a reduction in working hours.

Pregnancy is one of these indications.

Shortened working hours for pregnant women

Everyone knows that discrimination against women in the workplace is a fairly common phenomenon. Some employers even force a woman to take a pregnancy test before hiring her. Such actions are illegal and are prosecuted by law. The main thing is to know this and understand that the owner does not have the right to refuse to hire a pregnant woman at any stage.

In various ways, not only bosses try to harass a pregnant woman at work, but also colleagues, to whom some of the responsibilities are transferred. If you need to negotiate amicably with employees, then only knowledge of labor law works with your bosses.

Any pregnant woman, regardless of whether she feels well or not, should be transferred to light work, but with written consent both sides. In this case, wages remain the same. Even if the enterprise does not have a position to which a woman can be transferred, the unnecessary burden is removed from her. But are pregnant women's working hours reduced?

Not everyone knows that a reduced (shorter) working day for pregnant women is provided for by law. This issue is regulated by the Labor Code Russian Federation, article No. 93. This regulatory document states that, at the request of the woman herself, the owner (director, manager, etc.) is obliged to transfer the woman to part-time or weekly work, regardless of the form of ownership of the enterprise.

Women of Ukraine are also protected by law, because according to the Labor Code, Article 56, they have the right to a reduction in both the working day and the week. In addition, according to paragraph 9, Article 179, a woman on maternity leave has the right to take work home, if possible, and at the same time receive child benefits and wages.

If the employer refuses this, then the woman can file a corresponding application in court and win it, after which her rights will be restored, and a fine will be imposed on the owner. Many do not bring the matter to trial and ultimately agree to reduce their working hours for pregnant women.

What should a working day be like for pregnant women?

There are three types of time reduction:

Shortened working hours for pregnant women

Everyone knows that discrimination against women in the workplace is a fairly common phenomenon. Some employers even force a woman to take a pregnancy test before hiring her. Such actions are illegal and are prosecuted by law. The main thing is to know this and understand that the owner does not have the right to refuse to hire a pregnant woman at any stage.

In various ways, not only bosses try to harass a pregnant woman at work, but also colleagues, to whom some of the responsibilities are transferred. If you need to negotiate amicably with employees, then only knowledge of labor law works with your bosses.

Any pregnant woman, regardless of whether she feels well or not, should be transferred to light work, but with the written consent of both parties. In this case, wages remain the same. Even if the enterprise does not have a position to which a woman can be transferred, the unnecessary burden is removed from her. But are pregnant women's working hours reduced?

Not everyone knows that a reduced (shorter) working day for pregnant women is provided for by law. This issue is regulated by the Labor Code of the Russian Federation, Article No. 93. This regulatory document states that, at the request of the woman herself, the owner (director, manager, etc.) is obliged to transfer the woman to part-time or weekly work, regardless of the form of ownership of the enterprise.

Women of Ukraine are also protected by law, because according to the Labor Code, Article 56, they have the right to a reduction in both the working day and the week. In addition, according to paragraph 9, Article 179, a woman on maternity leave has the right to take work home, if possible, and at the same time receive child benefits and wages.

If the employer refuses this, then the woman can file a corresponding application in court and win it, after which her rights will be restored, and a fine will be imposed on the owner. Many do not bring the matter to trial and ultimately agree to reduce their working hours for pregnant women.

What should a working day be like for pregnant women?

There are three types of time reduction:

Magazine: Everything for HR
Year: 2011
Author: Burnasheva Zulfiya Nailievna
Topic: Part-time work, Remuneration
Category: Got a problem? Here's the solution

Regulations
Labor Code of the Russian Federation (extract)

A month and a half ago, our employee, who is in “ interesting position", applied for part-time work. The management, of course, accommodating her, because by law she has the right to do so. They signed an agreement and issued an order. In general, everything is as it should be. And everything would be fine, but only at the end of the month she received much less wages than before. And it is not surprising, because the salary was paid to her in proportion to the time worked. However, the pregnant employee does not agree with this state of affairs and threatens to file a complaint with the labor inspectorate, allegedly the employer should retain her average earnings. So we doubted it. Maybe the law really makes an exception for pregnant women in terms of payment for part-time work?

Yes, it’s always like that with pregnant women. Labor guarantees According to the law, there are many problems for the employer - no less. And yet, labor legislation provides pregnant women with additional guarantees for a reason. Their purpose is warning negative influence certain working conditions affect both the health of women themselves and the health of their future babies. One of these guarantees, in particular, is the obligation to establish, at the request of a pregnant woman, part-time work (part-time work (shift), part-time work week) (Article 93 of the Labor Code of the Russian Federation, hereinafter referred to as the Labor Code of the Russian Federation).

Although the law does not specify in what form this request must be expressed (oral or written), in practice, women turn to the employer with a written application, attaching a document confirming pregnancy (medical certificate). At the same time, the employer does not have the right to demand from a pregnant employee a certificate stating that due to pregnancy she cannot perform work for a period of time. normal duration working hours.

Types of part-time work(Article 93 of the Labor Code of the Russian Federation)

To establish part-time work in this case, the very fact of pregnancy is important, and the possibility or impossibility for a woman to perform work during full working time does not matter.

IT IS FORBIDDEN!

Require a medical certificate from a pregnant employee stating that she is unable to perform work during normal working hours

The establishment of part-time work is formalized by agreement of the parties to the employment contract. At the same time, part-time working hours can be established both when hiring a pregnant woman - by an employment contract, and in the future - by an additional agreement to employment contract. In the employment contract (additional agreement), the parties specify the type of part-time work, working conditions (specific duration of working hours, start and end times of the working day - for a part-time working day, working days - for a part-time working week) and, of course, new payment terms labor.

Our information

Production rate- the number of units of products (services) of a certain type that must be performed by one employee or group of employees of appropriate qualifications per unit of working time (hour, shift, month, etc. unit of time) in given organizational and technical conditions. The production rate is established if there are possibilities for quantitative accounting and control of products (services), if the same work is performed systematically over a period of time. work shift with a constant number of performers.

Standard of service- the number of objects (workplaces, pieces of equipment, production areas, etc.) that an employee or group of workers of appropriate qualifications must service per unit of working time (during a shift, month, etc.) in given organizational and technical conditions .

THIS IS USEFUL TO KNOW

The law does not establish a minimum duration of part-time work for a pregnant woman. It is determined by agreement of the parties

According to Part 2 of Art. 93 of the Labor Code of the Russian Federation when working on a part-time basis, the employee’s remuneration is made in proportion to the time he worked or depending on the amount of work he performed. At the same time, the legislator does not make exceptions to this rule either for pregnant women or for any other category of workers.

Article 254 of the Labor Code of the Russian Federation, to which your employee is probably referring, provides for a reduction in production standards, service standards for pregnant women, or a transfer to another job that excludes the impact of adverse production factors, while maintaining the average earnings for the previous job.

It should be noted that a decrease in production standards and service standards does not automatically entail a reduction in working hours. In other words, if an employer reduces production standards (service standards) for a pregnant employee, this does not mean that the length of her working day (week) is also reduced. The purpose of reducing these standards in this case is to reduce the intensity of labor, and not to reduce working time.

Providing guarantees provided for in Art. 254 of the Labor Code of the Russian Federation, is carried out in accordance with a medical report, which must establish the optimal amount for a pregnant woman to reduce production standards (service standards) or the need for transfer to another job.

Thus, in order to receive this guarantee, a pregnant employee must provide the employer with an appropriate medical report. Explain this to your pregnant employee.

Summary

When a pregnant woman is assigned, at her request, part-time work in accordance with Art. 93 of the Labor Code of the Russian Federation, remuneration is made in proportion to the time worked or depending on the amount of work performed.

What needs to be done to reduce the working hours of a pregnant woman?

I'm on early pregnancy, but I’m already starting to feel that working full time is becoming difficult. I want to shorten my working day by an hour or two, but I don’t know what needs to be done for this. Is it enough to write an application addressed to the employer or do you need to take any additional actions?

A pregnant woman cannot always perform her duties to the extent that she could do this before pregnancy. And for this there is objective reasons. To preserve the health of women and their ability to work, labor legislation, among other guarantees, provides for the possibility of reducing working hours.

Part 1 of Article 93 of the Labor Code of the Russian Federation obliges the employer to establish a part-time working day (shift) or a part-time working week at the request of a pregnant woman.
It follows from the law that it is enough for a woman to somehow express her desire to reduce her working hours. All other actions must be performed by the employer. But in practice, questions always arise about how a woman can express her request. How much should the working day be shortened, and how should this be fixed? How will part-time work be paid?

Shorten a pregnant woman's working day in three simple steps

A pregnant woman needs to initiate the establishment of part-time work.

The most in an effective way To convey your desire to the employer, all that remains is a written statement. A pregnant woman must submit an application to the employer, which reflects

• desired length of working time;
• type of part-time work (part-time or part-time work week);
• the date from which the woman wishes to reduce her working hours.

The application must be accompanied by a document confirming the fact of pregnancy, for example, a certificate from the antenatal clinic.

The employer and the pregnant woman must reach an agreement on working hours.

The duration of part-time work and which party determines it is not established by law. Apparently, everything should be achieved by agreement of the parties. It is not clear what to do if the parties cannot agree, and the law obliges the employer to reduce the working day of a pregnant woman.

When the parties agree among themselves, it is necessary to conclude an additional agreement to the employment contract, since the working hours are its essential condition.

The employer must issue an order

The employer must issue an order regarding the establishment of a part-time working day and familiarize it with it against the signature of the employee.

As you can see, it is not difficult for a pregnant woman to shorten her working hours. The woman herself needs to remember that payment will be made in proportion to the time worked or depending on the amount of work performed.

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

For an employer, an employee's pregnancy 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 work schedule of an employee in this position may differ from usual if there are compelling reasons for this, for example, medical indications.

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

To ensure that no problems arise during the work process. conflict situations, each party must know what is required to be done in such cases by law. Even with a normal pregnancy, changes in the schedule are still possible. Besides, to the expectant mother Certain benefits must be offered to help make the work process easier.

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

The main document that should be relied upon in this case is the Labor Code. Collected here whole list norms, laws and regulations that will allow you to establish the correct work schedule for an employee in the position. Moreover, all laws apply to all employers and employees, regardless of the type of enterprise and their location. For some representatives of the fair sex there are also special benefits. They concern primarily those who work in hazardous enterprises, 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 mothers can also 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:

1. First of all, it should be noted that the employer does not have the right not to hire an employee for a suitable position who is in a position solely because of her condition.
2. 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 a certain financial assistance in the amount established by Russian legislation.
3. For an expectant mother who is officially employed, there is a law that prohibits her dismissal. This also applies to the period of maternity leave. There can only be two options here. A woman in this position may be removed from her position due to a very serious violation of the work schedule or due to the liquidation of the enterprise.
4. A woman in this position has the right to take paid leave at a time that is convenient for her. That is, she does not necessarily have to follow the sequence according to the schedule. At the same time, one should not forget about the employer’s obligation to send her on maternity leave at the 30th week of an employee’s pregnancy. The only exception may be a woman’s personal desire to continue working until childbirth.
5. Separately, it is necessary to say about the work schedule of pregnant women according to the labor code. For employees in this position, it can be significantly changed. Moreover, in some cases, a reduction in working hours is provided for at the same salary. The opportunity to obtain 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 this position

For representatives of the fair sex who are expecting a child, 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 does not want to lose her income, she can refuse a reduced work schedule. The employer does not have the right to force a different regime.

At the same time, a woman must evaluate everything possible risks for the baby. If there is a high probability that a regular working day will negatively affect the condition of the unborn child, you should exercise your right to fewer hours per week. Rest and peace of mind are very important for pregnant women, and money should not be a deciding factor here.

It should be noted that a woman’s desire to switch to a short working day does not deprive her of the right to go on the required paid leave. The expectant mother can still take time to rest when it is convenient for her. The duration and payment of vacation will not be changed. Moreover, an employee in this 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, or maybe more.

Responsibilities of the employer regarding the working hours of a pregnant woman

As for management, it is first of all required to fully respect all the rights of an employee who is expecting a child. According to the labor code, the working hours of a pregnant woman should be changed in accordance with her wishes. In this case, 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 the other benefits that are available to officially employed expectant mothers.

The employer’s task should be to strictly comply with all the rules that are prescribed in Russian Labor legislation. Therefore, management does not have the right to refuse a pregnant employee to reduce her working hours if this is her initiative. Even the fact that such a decision may have a negative impact on the work process cannot be a reason for refusal. Here you will 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.

There should not be certain points in the schedule of employees in this position:

1. This primarily applies to night shifts. A woman can easily refuse them during pregnancy, as this is provided for in Article 96 of the Labor Code.
2. In addition, the employer does not have the right to hire disabled employees to work on holidays and official days off. This is stated in Article 112 of the Labor Code of the Russian Federation.
3. Overtime are possible only on the initiative of the employee herself. But she can refuse additional hours, which is provided for in Article 99 of the Labor Law.
4. Pregnant women are also not sent on duty, as Article 298 prohibits this.

How to change work hours for a pregnant employee?

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

If an employer hires a pregnant woman for a position, he must immediately discuss the number of hours and work schedule. But a new employee can refuse these privileges if she wants to receive a higher salary. The expectant mother should have the opportunity to return to normal work at any time. So, if for health reasons a woman has to give up her usual schedule in any month, but in the future the condition stabilizes, she can work full time again.

According to the Labor Code, for pregnant women, the working hours may remain the same, but still, periodic adjustments are possible. For example, the schedule will have to be changed slightly, since after registering with a doctor, a pregnant woman will have to undergo numerous tests and visit a specialist at least once a month. For this purpose, special days must be included in the schedule. This should be taken into account, since the work of most medical institutions coincides with organizations and enterprises. So visiting medical office will take place during business hours. In no case should the employer consider the hours an employee is absent from work as absenteeism. It would be correct for a pregnant employee to notify her superiors in advance about her possible absence and obtain a doctor’s certificate, which is then provided to management.

Norms for a shortened schedule in pregnant women

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

A shortened day is an opportunity to work not 8, but 6 hours a day. In addition, the employee may be offered a shortened 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 Alternative option. To do this, you should write a statement indicating 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 the woman works as usual. This also applies to the weekly work schedule. In some cases, issues are resolved exclusively on an individual basis.

An employee can easily set up part-time work. To do this, you must first obtain a certificate from a medical institution stating that the woman is indeed pregnant. The following is a statement in free form to the management. Here it is necessary to indicate exactly what benefits the expectant mother wants to take advantage of. That is, the application must express a desire to receive additional days off or a reduced working day. You can choose a third option with a shorter day and one additional day off.

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

After the new work schedule for the pregnant employee has been discussed and all the nuances have been agreed upon, the employer issues an order, which is signed by the employee. Only after this can this issue be considered resolved. In this case, the agreement 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 comply with the request of a pregnant employee. Moreover, if we take into account that the labor code provides for a preferential work schedule for pregnant women, he is at great risk. Failure to comply with the requirements of the Russian Labor Code is punishable. If a woman can provide a pregnancy certificate from a medical institution and has written an application to change her work schedule, management does not have the right to refuse her.

At the same time, the expectant mother should take into account that changing the work schedule also entails a decrease in wages. This is the reason that employees in this position often give up their privileges.

Remuneration when changing work hours

Those representatives of the fair sex who still intend 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 states that the rate will be maintained for expectant mothers who agree to a short working day. Thus, wages will be calculated based on the time actually worked. Here, it is mandatory to take into account both the shortened working day and the absence of the employee during the visit to the medical institution.

Considering that the law does not make exceptions for pregnant women, many expectant mothers refuse the preferential schedule and choose the usual work schedule. Moreover, if there are no medical contraindications, some do not even take the required maternity leave, but work until the birth.

An employee who is in a position does not have the right to demand the same salary from the employer if she plans to work a shortened day or week. It would be correct for management to record the hours worked in a table, which will allow the salary to be correctly calculated for a pregnant employee. The employer cannot set any minimum or maximum. Numbers should not be taken out of thin air. This must be a clearly calculated and fully justified salary. Only hours actually worked are reflected in the time sheet. The time that the employee spent in the antenatal clinic is not included here and is not paid.

Preferential working conditions for pregnant women

Additional privileges related to employees in this position relate not only to work schedule and wages, but also, as stated in the labor code, to the working conditions of pregnant women. And first of all, it should be noted here that it is necessary to transfer a pregnant employee from hazardous production to a more safe work. In addition, pregnant women are prohibited from participating in jobs that require heavy physical labor. In this case, it is desirable that the salary correspond to what the expectant mother received before.

The Labor Code provides for certain benefits for representatives of the fair sex in this position. However, a woman has every right to refuse them if she believes that this will in no way affect the baby’s health. At the same time, you should definitely think about whether you need to participate in work underground or in carrying heavy loads, 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 provided benefit, the employee does not lose anything.

The Labor Code of the Russian Federation, or more precisely, it says that workers in this situation cannot be involved in work at night, and also should not go on business trips or on shifts. On holidays and weekends, pregnant employees are not involved in work activities unless the employee herself expresses such a desire.

Working conditions unacceptable for pregnant employees:

1. Relatively technical requirements It is worth noting that expectant mothers are prohibited from lifting boxes or any goods above their shoulders.
2. Foot operated mechanisms cannot be operated.
3. You should not work in assembly line production with a preset rhythm.
4. You should also refuse work that requires serious psycho-emotional stress.
5. A pregnant employee may be transferred to another department if she has to work in a damp and drafty room.
6. This also includes interaction with various pathogens.
7. It is also considered harmful work activity with serious changes in temperature and pressure.

In all these and many other situations, the expectant mother may demand that the employer transfer her to another department while maintaining her salary. It is important to consider that the employer does not have the right to fire or lay off a pregnant employee until the child turns 3 years old.

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 working day 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 benefits due to her in connection with her special situation. Then an appropriate order is issued to change the pregnant woman’s work schedule. However, women should remember that part-time work is paid in proportion to the hours worked, so their income may sharply drop. 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 a statement of claim to the 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 the expectant mother with 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.