Working hours for pregnant women according to the labor code. Rights of pregnant women at work

Good day, my readers. Does everyone remember the first time they saw the two coveted lines on a pregnancy test? What did you experience? Excitement, joy, happiness, but also anxiety, isn’t it? Now life will change dramatically, and you need to tell the good news to one person. But how will he perceive it...

This is not about the future daddy at all. He will undoubtedly share your emotions and begin to make plans for the future. But your boss at work may not be happy at all, and will begin to plot intrigues in order to quickly get rid of the “inconvenient” employee. After all, it will be necessary to pay maternity benefits, make all sorts of concessions, it’s easier to fire a pregnant woman and take someone else in her place.

Unfortunately, such cases happen all the time. And we, little knowledgeable about the laws, we cannot protect ourselves from the arbitrariness of employers. Stop putting up with this, I tell you! The rights of pregnant women at work are clearly stated in the Labor Code and we are obliged to know them and not to offend ourselves and the baby.

Accept cannot be refused

It is not uncommon for women to find out they are pregnant while looking for work. Let's say you worked as an ordinary salesperson, and then you were offered a place in another store as a deputy director. You quickly quit your job, and then suddenly you find out that you are expecting a child.
If your employer intended to hire you, but upon learning about your pregnancy, refused, know that this is illegal! The reason for refusal may be lack of experience, medical contraindications, inappropriate education, but not “ interesting situation» employees. By refusing a job to a job applicant, the employer may be punished in accordance with the Criminal Code of the Russian Federation, compulsory work, or a significant fine. Please note that both probation your boss has no right to tell you. (Article 70 of the Labor Code of the Russian Federation)

Situations where, when preparing documents for employment, an employee is required to sign an agreement that she will not become pregnant in the next few years are also legally illegal. You may not sign such papers, because this is a violation of privacy (according to the Constitution of the Russian Federation).

Harmful job and harmful boss

If you are already working, the employer must fulfill a number of conditions:
Free the pregnant woman from harmful and dangerous work, which can harm her well-being. When registering, tell the gynecologist about your work, and if the doctor considers that your activities and bearing a child are incompatible, she will issue you a certificate. Based on this, the boss will be obliged to transfer you to a less dangerous position, or significantly reduce production standards. (Article 254 of the Labor Code of the Russian Federation)

When transferring, the salary must remain at the same level, even if the new vacancy provides a lower salary compared to the previous one. If the employer is unable to find more for the pregnant woman light work, he will pay forced “downtime” expectant mother from your pocket.

What specific working conditions are considered harmful? In order not to guess, let us turn to the “Hygienic Recommendations for the Rational Employment of Pregnant Women” approved by the Russian Ministry of Health. They were developed back in 1993 and are still in effect this year, 2017.
So, it is not recommended for pregnant women:
- stand or sit at work for a long time
- lift weights
- come into contact with radiation
- be in very noisy rooms (for example, a factory floor with loud equipment)
- work with toxic or chemical substances
- breathe excessively humid or dry air.

Shift work for expectant mothers is also prohibited (Article 297 of the Labor Code of the Russian Federation). If your employer asks you to go on the night shift, go on a business trip, or simply work beyond the norm, feel free to refuse and refer to the same Labor Code (Articles 96,99,113,259).
Surely, your work involves sitting at a computer. Try to reduce your “communication” with the monitor to 3 hours a day or completely refuse to contact it. In this case, sanitary and epidemiological standards are completely on your side (SanPiN 2.2.2/2.4.1340-03).

Send a pregnant woman for a scheduled or emergency examination to a doctor at any time of the working day. At the same time, there can be no talk of any working out of “lost” time or deductions from wages. (Article 254 of the Labor Code)
At the request of the pregnant woman, the employer is obliged to shorten the working week or day. For example, you worked on a 6/1 schedule, 10 hours a day. Now, in your situation, such a schedule is simply unacceptable, and with each passing month it will be more and more difficult to maintain this mode of work. Go to your superiors and state your demands in writing. Don't be alarmed, the shortened hours and days will not be compensated by next vacation or your experience. (Article 93 of the Labor Code)
Attach the next leave to maternity leave at the request of the employee. By labor code(Article 260), it does not matter whether the pregnant woman “earned” leave by this time (that is, whether she worked the required 6 months or not). If a woman decides that she wants to take leave before maternity leave simply because she is not satisfied with the pre-established vacation schedule, then she has every right to do so.
Do not call a pregnant woman back from her current vacation. (Article 125 of the Labor Code)
Provide prenatal leave in the amount of 70 calendar days. Usually the gynecologist calculates when the expectant mother can already be released from work. At 30 obstetric week(not calendar!) a pregnant woman can temporarily leave workplace. If you have a multiple pregnancy, you can start resting 2 weeks earlier.
Postpartum leave of 70 days will also be provided while maintaining your job and salary. To do this, the woman is required to have a sick leave certificate and an application. Childbirth with complications gives the right to take 84 days of leave, and for the birth of 2 or more children - 110 days.
After the postpartum period, complete all documents, benefits and government payments that the employee will receive on maternity leave (up to 1.5, and then up to 3 years).

You no longer work for us

Considering the widespread infringement of the rights of pregnant women, when employers do not want to make concessions for pregnant employees and simply fire them, we will also touch on this issue. Do bosses have the right to do this? Definitely no! Art. 261 of the Labor Code of the Russian Federation states that an employer has no right to terminate a contract with a pregnant woman. An exception is the complete liquidation of the organization or own wish women quit.

You cannot fire a pregnant woman for violation labor discipline and absenteeism. In this case, milder “punitive” measures are applied: a reprimand or reprimand.
Many work on the basis of a fixed-term employment contract. If it has expired and you are expecting a child, then the boss must extend it until the due date.

Unfortunately, there are situations when protecting the rights of pregnant women is the work of the pregnant women themselves, and not the state and its laws. I am now talking about those who have unofficial work. Here, employers are extremely reluctant to fulfill their responsibilities towards employees, and salaries are not always paid on time, and then there’s the matter of dealing with a pregnant woman. Fire - that's the whole conversation.

In this case, lawyers unanimously say: you can’t count on maternity pay, and they can kick you out with impunity, since you are officially unemployed anyway. You can, of course, fight for your rights by contacting the prosecutor’s office and the labor inspectorate at your place of residence. The boss will be subject to inspections, including visits from representatives of the tax and pension fund.

In general, they will arrange a “sweet life”, but in this case you are not guaranteed anything at all. It’s better to leave the unscrupulous boss and go apply for all the benefits from the state. And after maternity leave, look for an official job.

Where to complain

If you work for state enterprise, but your rights as a pregnant woman are not respected, then you have every right to appeal to the following authorities:
— Labour Inspectorate(if you are forced to resign)
- to the district court (if you have already been fired)
- to magistrates (on other controversial issues)

To hold the employer accountable and file a claim, prepare: copies of the employment contract, dismissal order, work record book, salary certificate.
And remember, although the law on the protection of pregnant women does not exist in our country as such, women’s rights are regulated by other documents, and their violation is punished with all severity.

Discrimination against the weaker sex, who are often oppressed when hiring and in other situations, is unacceptable, and here the state is completely on our side. I hope I was useful to you today, and now you can defend your rights and avoid disagreements with your superiors. Have an easy pregnancy and may it not be overshadowed by hard work and malicious employers.
For further discussions on the topic, I look forward to seeing you, as always, on the forum. Tell us about your difficulties in the workplace and how they were resolved. We'll be happy to listen. And you will hear from me very soon. Meet us here!

You will need

• - Labor Code of the Russian Federation;
• - employment contract(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 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 if she has 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 advised to write to 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.

The current norms of Russian legislation provide for a number of additional rights and privileges for employees preparing for the birth of a child. Absolutely every employer is endowed with a number of specific responsibilities in relation to the expectant mother, the fulfillment of which must be carried out in a timely manner. Basically, all privileges provided are aimed at the following purposes:

• providing the most gentle work regime in terms of both emotional and physical costs, because too high loads can cause a deterioration in the health of the expectant mother or her child;
• improving existing working conditions so that they are fully acceptable and suitable for the expectant mother;
• ensuring full protection from any signs of discrimination on the part of others. It's no secret that employers rarely want to have women employees on their staff. This is easily explained, because such workers cannot perform certain professional tasks on an equal basis with others. In addition, the manager must take certain actions to change working conditions, which is often quite a troublesome task. That is why the current legal norms categorically prohibit discrimination against expectant mothers, establishing serious penalties for this crime.

Employment procedure for pregnant applicants

As mentioned above, not every employer wants to hire a pregnant employee. However, the current norms tell us that applicants for a particular position are absolutely not required to talk about their position. This is done to ensure that the decision on employment, or refusal to do so, is absolutely “clean”. The employer must make the final verdict solely on the basis of the candidate's suitability for the existing vacant position.

If the head of an enterprise or organization officially refuses employment to an applicant because of her pregnancy, his actions will be considered absolutely unlawful.

The rules regarding the mandatory completion of a preliminary testing period also do not apply to employed pregnant employees.

Even if the employment contract contains a clause on a probationary period, a pregnant employee may well sign the document, but this rule will not apply to her.

Peculiarities of further labor relations with the expectant mother

As mentioned above, pregnant employees working under a formal employment contract will have the following privileges:

• they cannot be involved in work at night - from 10 pm to 6 am;
• expectant mothers also cannot work overtime, even if this is necessary in the organization;
• Pregnant employees cannot be sent on business trips. In addition, they should not perform their professional duties on a rotational basis;
• the working day of a pregnant employee can be reduced at any time upon her written application submitted to the head of the organization;
• a woman can leave her workplace for a certain period of time in order to undergo mandatory periodic medical examinations. In this case, this working day must be paid in the usual manner, without deducting hours of absence;
• if it is difficult for an employee to fulfill a previously approved work standard, it can be reduced upon her written application.

Easy work

The concept of “light work” may include a whole range of activities and additional measures, each of which is aimed at facilitating the current conditions for the performance of professional duties by a pregnant employee.

In addition to the mandatory reduction established norm production, the employer, at the request of the employee, can transfer her to home work.

If a woman’s work was previously associated with harmful or difficult working conditions, after pregnancy she must be transferred to a new place of work where such conditions do not exist. In a situation where such places are simply not available in the organization, the employee can be completely released from work while maintaining her salary.

Working conditions in organizations or production

In order to provide a pregnant employee with suitable working conditions, it is necessary to determine which of them are normal and which are harmful or difficult.

Severe conditions may include the following job duties:

• constant lifting and carrying heavy objects whose weight exceeds 2.5 kg;
• the need to perform work in a certain physical position, for example, on your knees, as well as moving certain objects with a total weight of more than 480 kg per one work shift;
• work squatting or behind a conveyor, subject to pedal control, etc.

Harmful working conditions may include:

A pregnant employee may be involved in mechanized labor if its conditions do not contradict the above conditions. It is also allowed to perform work related to eye strain, but only if such activity does not exceed ¼ of total number working hours.

Particular attention must be paid to the workplace. It should not imply:

1. Constantly being in one position or standing.
2. Sitting on a chair without a backrest during the workday.

Features of the provision and registration of the vacation period

The employer issues maternity leave on the basis of a previously provided and duly completed sick leave. The standard duration of this period, in accordance with current regulations, is 140 days. However, it can be increased, for example, in case of certain complications during pregnancy or due to the birth of two or more children.

When drawing up a vacation schedule for the coming year, a pregnant woman should always have the advantage and right to make the first choice. As a rule, regular leave is simply added to the maternity period, thereby extending the total rest time of the expectant mother.

At this time, the father of the child can also take advantage of certain privileges. For example, he has the right to take a vacation for the period he needs, regardless of the presence or absence of the required length of service, as well as other nuances. To do this, he must provide basic documentary evidence - a certificate issued by a doctor from the antenatal clinic.

If a pregnant employee is on legal leave, the employer will have absolutely no rights to recall her, even if her help is now greatly needed within the organization. In addition, the additional part of the vacation cannot be compensated by a specific monetary payment.

As soon as the official maternity period comes to an end, the mother will immediately have the legal right to receive leave to care for the newborn child.

Penalties against a pregnant employee and her dismissal

Current standards establish that pregnant employees do not have any special privileges in relation to the establishment of disciplinary or financial liability. This means that, in case of violations, certain penalties may be applied to them, but with the mandatory exception of dismissal.

If any dispute arises between the parties, it must be resolved in court. Moreover, throughout the entire period of proceedings, the employee must be paid wage in medium size.

The employer will not have the right to dismiss a pregnant employee, even if she works under fixed-term contract. In such a situation, the validity of the document must be extended until the end of legal maternity leave.

The only basis for dismissal of a pregnant woman at the initiative of the employer will be the complete liquidation of the organization. However, here you should also remember about the mandatory payment of severance pay.

If a pregnant employee believes that she legal rights were violated by certain actions of the employer - she can appeal to one of the following authorities: the labor commission, the prosecutor's office or a judicial institution. In this case, you should take care in advance to collect all the necessary evidence, including medical certificates, a valid employment contract and other documents.

The modern state is doing everything possible to ensure that the rights of expectant mothers are reliably protected from the point of view of the law. Wherein important aspect Awareness of pregnant women about these rights and additional privileges will also be promoted.

24.10.2017, 17:32

The period of bearing a child becomes the basis for providing a woman with a work area without harmful effects external factors. Light labor for pregnant women, the features of its application in practice are described in Article 254 of the Labor Code of the Russian Federation. The law establishes a list of documentation required to transfer an employee to a workplace with improved working conditions. What is light work? How many hours a day can you work with light work? From what period is light labor allowed during pregnancy? Let's figure it out.

Rules for transfer to another position

In order to realize the desire of an employee during pregnancy to transfer to another department or to another position to reduce the load on the body, she presents:

• an application for light work during pregnancy, a sample of which can be provided by the enterprise’s human resources department;
• medical report.

In the absence of one of the documents, a pregnant employee will not be able to have a significant influence on the employer. In order to implement the idea of ​​transferring to another position (sometimes new responsibilities do not correspond to the direction of professional training), the manager needs reasons recorded on paper.

The content of the concept of easy work for pregnant women is explained by the Labor Code under the piecework wage system as a reduction in standard output and a decrease standard quantity clients served. If it is impossible to provide work with an individual procedure for calculating optimal output, transfer to other positions is practiced. The relevance of such a measure increases when women work at production facilities with hazardous working conditions.

The conditions for transfer to light work are substantiated in a medical report. It is necessary to comply with a number of requirements for the new workplace:

• physical activity should be moderate;
• exposure to biological and chemical substances and their active elements cannot harm the pregnant woman’s body, the level of their influence must be minimized;
• light labor during pregnancy cannot be carried out in premises without access to fresh air and a source of natural light.

Separately, the issue of the need to interact with computer technology is considered. If possible, working with a computer is excluded from the daily list of responsibilities of a pregnant woman and is replaced with other types of tasks. Light work for pregnant women - how many hours can work with a computer last? The maximum period of contact with harmful radiation from office equipment is 3 hours a day.

At the legislative level, the exact timing of transfer to another position for pregnant employees is not specified. In practice, the employer must immediately respond to the employee’s statement and offer her everything possible options solving the problem. The Labor Code of the Russian Federation guarantees light work for pregnant women, but subject to the availability of such an opportunity from the employer. If there are no available positions with easier working conditions, the manager may remove the employee from work.

In cases of removal from work due to current working conditions not meeting the minimum acceptable level during pregnancy, the woman retains her average salary. It is paid from the employer's funds. To implement such a measure, an order must be issued.

Registration of the transfer procedure

When the employer and employee agree on what light work means for pregnant women, they agree on a suitable temporary position. On next stage an agreement is drawn up in writing between the parties indicating the new job function and the validity period of the document. A separate block in the contract stipulates the changed wage system.

In accordance with the content of the agreement between the parties, the manager issues an order for the transfer on a temporary basis. An additional document that serves as the basis for drawing up the order is a certificate of transfer to light work for the pregnant woman. For the order, a unified T-5 form or a document format individually developed at the enterprise is used.

IN work book records of temporary transfers are not made; forced reassignment to another position will not affect the content of records in the labor record. The updated information is entered into payroll slips. A certificate of transfer to light work can be indicated in the employee’s personal card (section 3).

Remuneration scheme for a pregnant employee

The level of earnings after the transfer can:

1. Equate to average salary– if the new salary, taking into account bonuses, is lower than the previous one.
2. Correspond to current production with equal earnings for both positions.
3. How is light work paid if the salary in the new place is higher - based on earnings at the new place of work.

The end of the period of easy labor

The period of stay in a temporary position is limited to the time before the occurrence of an insured event - going on maternity leave. The additional agreement terminates on the eve of leaving the vacation. Everything related to light work is automatically canceled for the employee from the date of opening of the sick leave.

Every manager wants to see experienced, hardworking workers on his staff. Therefore, the rights of certain categories of workers are often infringed. These workers most often include pregnant women. To protect yourself from restrictions on your privileges guaranteed by law, please read the information provided.

Rights of pregnant women at work under the Labor Code

Pregnant women are a vulnerable category of workers. Therefore, Russian legislation ensures the safety of their rights and also guarantees them some benefits and privileges. The Labor Code indicates the following provisions regarding this issue:

• At the request of the employee, the employer is obliged to reduce the working hours. This will not affect the length of service, but payments will be made depending on the time worked;
• When transferring to more safe work a prerequisite is the safety of the position and salary;
• While the employee is in the hospital, her salary is maintained;
• Carrying out overtime and hazardous work is prohibited by law;
• The employee’s workplace must comply with legal standards;
• Providing annual leave accompanied by full payment of wages.

What rights does a pregnant woman have at work?

To find out what rights pregnant women have at work, you need to refer to the norms of the Labor Code. According to the law, a girl has the following privileges:

• Payment for maternity leave is made without taking into account the length of service;
• The place of work will be maintained throughout maternity leave;
• When calculating length of service, time spent caring for a child is taken into account;
• Cancel contract of employment with an employee in a position is prohibited. There are some exceptions;
• It is impossible to fire an employee even if she violates the rules of internal labor regulations;
• If a woman exercises labor activity according to the contract, she has the right to count on its extension until she goes on maternity leave;
• An employee undergoing an internship cannot be fired;
• The employer is obliged to release the worker for medical examination and pay for this time;
• Female workers in this position are exempt from overtime work.

The main responsibility of a pregnant woman at work is to promptly notify the employer of her situation. This fact must be confirmed by providing a doctor’s certification.

Do they have the right to fire a pregnant woman from her job?

For all pregnant workers it is topical issue about the continuation of their labor activity. It often happens that unscrupulous managers seek to get rid of employees in positions of power. However, such a process is contrary to legal norms. The Labor Code of the Russian Federation contains some rules that cover this issue.

• An employer does not have the right to fire a pregnant woman on his own initiative. An employee can leave her place of duty only at her own request;
• Even if an employee violates the rules of the internal regulations, it is impossible to deprive her of her place of work. In such situations, you can punish her by taking away a bonus or through a reprimand;
• The only one in a legal way dismissal is the cessation of the functioning of the enterprise;
• If a woman is employed under a contract, she has the opportunity to extend it, so such a worker cannot be fired. The contract can be canceled only after the birth of the child.
• Also, for many representatives of the fairer sex, the relevant question is whether a pregnant woman has the right to fire a pregnant woman from her job?
• When reducing the number of employees, the employer has the right to deprive any worker of work. An exceptional case is an employee in a position.

Does a pregnant woman have the right to get a job?

By law, a pregnant woman has a significant list of rights and benefits. Also, legal acts address issues of employment for pregnant women. In such a case, there are some rules governing this process:

• Refusal to hire a pregnant woman because of her situation is regarded as a violation of her rights;
• When hiring, the sole consideration should be professional quality working people;
• The employer must justify its negative response in writing, indicating the reasons for such a decision;
• When assigned to a new duty station, employees in the position are not subject to a probationary period. The manager is only obliged to conclude an employment agreement with the new colleague.

Violation of rights at work for a pregnant woman

Very often, a pregnant woman, due to her ignorance, is infringed on her rights at work. To avoid deception and injustice at the place of duty, it is recommended to familiarize yourself with the provisions labor legislation regarding girls' rights at work.
If you encounter a similar problem, you should act according to the presented algorithm:

• Need to consider legislative norms about the rights of pregnant women and familiarize the manager with them;
• If the employer refuses to follow them, try to solve the problem by drawing up an application addressed to the administration of the enterprise. An important condition is a reference to the provisions of the law and designation of its requirements;
• If this method does not have the desired effect, it is recommended to submit a written appeal to the appropriate authorities. It is important to supplement the complaint with a doctor’s opinion;
• The final option in protecting your rights will be a lawsuit. In this case, the deadline for submitting the application should be taken into account. It should not exceed three months.

Any woman can face abuse of rights by her employer. At the same time, we should not forget that the law is on the side of the employee and she has the opportunity to protect her privileges.