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What concessions are given to pregnant women at work. Pregnancy and work: The law and the rights of a pregnant woman at work. The legislator forbids bringing her to work

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

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

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

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

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

Guarantees at the conclusion of an employment contract

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

Labor Relations

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

part-time work

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

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

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

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

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

Special working conditions for pregnant women

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

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

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

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

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

Transfer to light work

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

Guaranteed average earnings

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

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

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

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

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

Granting maternity leave

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

Guarantees when granting the next vacation

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

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

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

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

Prohibition on dismissal at the initiative of the employer

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

Dismissal is not allowed if...

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

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

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

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

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

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

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

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

What kind of work should an employer offer a woman?

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

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

all available vacancies that meet health requirements;

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

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

It is no secret that in our country the rights of pregnant women are violated quite often. They do not want to be hired, and for those who work, the authorities sometimes arrange unbearable working conditions that a woman is simply forced to quit. To prevent this from happening to you, you need to know the rights of pregnant women at work. That is what we will talk about in this article.

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

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

And in general, managers, especially men, think only about strict calculations (schedules, plans and possible ways to make a profit).

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

Help needed officially register with the personnel department , it must be assigned a corresponding number.

To be extra safe, do a copy of the certificate , and ask for the signature of the head and the mark of the personnel department on its acceptance. So your management will not be able to claim that they knew nothing about your pregnancy.

Do they have the right to fire, lay off a future mother?

According to the labor legislation of the Russian Federation, a pregnant woman, at the initiative of the head cannot be made redundant or fired. Even for a gross violation of the articles: dishonest performance of duties, absenteeism, etc. The only exception is the complete liquidation of your enterprise.

But even in the event of the liquidation of the enterprise - if you immediately apply to the labor exchange, then the experience will be continuous, and you will be credited with monetary compensation.

Another situation may also arise: a woman works on the basis of a fixed-term employment contract, and its validity 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 term of the contract until the end of pregnancy.

This article protects a pregnant woman from losing her job, and gives her the opportunity to safely endure 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 provided for the “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 case you were nevertheless fired (excluding drunkenness, theft and other illegal acts), you, having collected all the necessary documents (copies of the employment contract, dismissal order and work book), you can apply to the court or to 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 "position" or have a child under the age of 1.5, then the labor code not only protects your labor rights, but also provides some benefits.

So, articles 254, 255 and 259 of the TKRF guarantee that, according to the medical report and personal statement, a pregnant woman should:

Reduce rate service and production rate;
Transfer to a position that excludes the influence of harmful production factors , but at the same time her average salary remains the same. Before the transfer of a pregnant woman to a new position, she must be relieved of her work duties while maintaining her salary;
Pay for working time that was spent on treatment and medical care ;
A woman in a "position" is supposed to maternity leave.

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

You can not lift and carry weights more than 5 kg;
Work associated with continuous standing, frequent bending and stretching, as well as 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, stewardess, driver, controller);
Some 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 easy work that excludes the influence of harmful factors, you need to write statement and provide doctor's note. This transfer should not fit into the work book, since it is temporary.

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

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

A woman who has made the decision to have a child often faces a dilemma. It is very difficult for many to decide what is a priority for them - career or personal life. Realizing that she is pregnant, the expectant mother begins to look for answers to questions: what to do with work, when to take maternity leave, how the authorities will react in case of frequent sick leave, and suddenly they will offer to quit, and so on. Pregnancy and work are quite compatible, and every woman should understand this.

Expectant mother and her work

Do you have good news, are you pregnant? Do not make hasty decisions, calm down and think things through. Initially, visit a gynecologist and consult about your current condition. If there is a risk of complications, it may well be that for a certain period of time you will have to forget about the workplace.

In the absence of health problems, you can safely continue to attend work, until the decree. Don't be afraid to tell employees about your situation. Hiding it is highly discouraged. As practice shows, many women try to “hide” their pregnancy for as long as possible.

They do so for various reasons. Some think that they will definitely be fired, others are afraid of deprivation of additional payments and bonuses, others do not tell anything, simply for superstitious reasons. All these fears are unfounded. On the contrary, they deprive the pregnant woman of all the privileges that her position brings and is rightfully due to her. The employer is not entitled to:

Dismiss this category of employees or reduce them.
Transfer them to easier work and at the same time reduce wages.
Refuse to shift the work schedule (this applies to the beginning and end of the work shift).

It is always worth being prepared for the fact that management can behave, to put it mildly, "unfairly." Ignoring the laws that protect expectant mothers, the bosses are looking for ways to get rid of such a “draughter”.

A woman is offered a woman to switch to a lower rate in order to save money, sent at "her own expense" and even offered to quit. Noticing this attitude towards yourself, you should not be afraid and despair. Learn your rights and stand up for them boldly. In case of violation of the law, the employer is liable.

How to report pregnancy?

Before you tell your boss important news, you need to prepare in advance. There is no guarantee that this message will be received positively. Do not be offended in case of such a reaction. Set yourself on a positive note, don't make a fuss, don't make threats, and try to discuss the matter calmly and kindly.

When planning to stay at work and then go on maternity leave, it is best to inform management in advance. After all, sooner or later it will have to be done. Don't wait until your "secret" becomes too obvious.

The boss will perceive silence as a conscious deception and the attitude towards you is unlikely to become positive. From the experience of such cases, it is clear that it is better to resolve all issues in a timely manner. It is irresponsible to bring the situation to distrust of oneself, thereby aggravating the situation in the team.

Do not think solely about your own benefit, because the boss must prepare for your departure. And this takes time. Timely awareness will allow you to pre-select a person for your place.

Restrictions while working

What rules should a pregnant woman follow at work during the period of bearing a baby?

Avoid excessive physical activity.
Eliminate situations that cause nervous stress and depression.
It is contraindicated to stay in one position for a long time (sit or stand), to come into contact with toxic and chemical substances in your activities.
It is necessary to take rest breaks during the work shift.
Work is shown no more than forty hours a week, and only in the daytime.

The workplace in the office should not be located near heaters, fans, in a draft, near an air conditioner, near printers, copiers and other equipment.

Documents for issuing a decree

Women officially registered under an employment contract should not worry. All payments are made by the organization in which you are registered at work. The rest of the expectant mothers will have to apply to the relevant structures, namely the department of labor and social protection of the population (UTSP) according to the registration of the place of residence or actual residence.

After making sure of your position, do not delay contacting the antenatal clinic, where you will be taken under medical control. Here they must issue a certificate, which is subsequently submitted to the HR department for registration of leave related to the bearing of a child and future childbirth. In addition, on the basis of this document, an allowance will be paid. When calculating it, the average earnings for 180 days of previous work are taken into account. Including bonus payments, travel allowances, surcharges and vacation pay are taken.

When deciding to reinstate at work, even if a sick leave was issued, maternity money is not paid. The law does not provide for parallel financing of salaries and benefits.

Persons engaged in entrepreneurial activities are paid by decree by the social insurance fund. Students and the unemployed apply for payments to the Social Security Administration.

The rights of working mothers

Basically, all women, being pregnant, are quite sure that they can master the performance of the volume of official duties. But in reality, they don't always succeed. If you understand that you are not coping, do not gloss over this fact. Talk to management about ways to reduce the amount of workload and eliminate the most difficult tasks to complete. You can ask for help if you do not have time to do something. Surely the boss won't mind.

The issue of the health of the mother and the unborn baby should come first. And overworking during the period of bearing a child is extremely dangerous. Therefore, even with a slight deterioration in condition, fatigue or the appearance of questionable symptoms, the best thing to do is to suspend work activities for a while.

A pregnant woman who is employed can:

Sick leave for an unlimited number of days.
Require management to reduce production standards or transfer to a site with lower loads (without changes in wages).
Raise the issue of reducing the length of the working day.
Do not work at night, in excess of established standards, on weekends and holidays.
Refuse travel.

The workplace is retained for the entire period of stay on postnatal sick leave and parental leave. The employer is not entitled, without this consent, to reduce or dismiss a pregnant woman. If the company is liquidated or declared bankrupt, the management is entitled to dismiss such an employee, and her subsequent employment is mandatory.

Working in a seated position

If your job requires constant sitting, then it would not be superfluous to know some rules:

You need to sit on a comfortable chair, with armrests and with a back.
The height of the chair is adjusted so that the feet rest completely on the floor, while the bent legs create a right angle.
It is necessary to take breaks from work every 45 minutes and get up from the workplace to walk and do exercises.
When you are sitting, do not cross your legs. In this position, blood circulation in the pelvis is disturbed.

During pregnancy, the load on the spine increases significantly as the uterus grows. Incorrect posture when sitting on a chair exacerbates the load, and also leads to pathological processes in the pelvic organs. Prolonged sitting, in the absence of breaks, contributes to the development of hemorrhoids.

Pregnancy and computer technology

Many expectant mothers are concerned about the safety of working at a computer during the period of bearing a child. If the job requires the use of a computer, will it harm the baby? After all, performing official functions, you can spend the whole day behind the monitor.

For many years, experts have been trying to determine how dangerous a computer is for a woman who is expecting a baby. Repeated studies were carried out, statistical records were kept of pregnant women, whose work is a constant presence at the computer, the percentage of pathologies in the development of the fetus and spontaneous abortions was determined. Fortunately, the connection between possible miscarriages and working at a computer has not been established.

It is worth noting that technology is improving at an incredible speed and these are no longer the machines that were produced several decades ago. Then, in order to protect yourself, it was necessary to use protective screens from electromagnetic radiation. Despite this, it cannot be said with certainty that prolonged exposure to a computer screen during pregnancy is absolutely safe.

You need to sit in front of the monitor in the correct position, with a straight back and at the optimal eye distance from the monitor. It is important to take breaks from work. Do not forget about dangers such as physical inactivity and blurred vision.

Pregnancy and labor code

Awareness in the issue of "pregnancy and work" helps ladies in the position in employment.

A woman is able to work the first six months of pregnancy. Very often, the employer refuses to enroll this category in a job. Thus, he saves himself from the problems associated with the payment of maternity money and vacation pay.
It is important to know that it is illegal in the absence of other good reasons.
You are required to be accepted into the state, and without appointing a probationary period.

Knowing clearly about your rights, you can easily develop a strategy for behavior in a team. The Labor Code is designed to protect a person, his rights to work and rest. No exception and women bearing children. This is not to say that absolutely everyone likes these laws. However, we must comply with them. You will need some courage in upholding positions. And remember, the law is on your side.

You can plan a decree from the seventh month of pregnancy. The doctor in charge of your pregnancy will issue a certificate. It will indicate the term of your position and the expected date of delivery. The duration of prenatal leave is 70 days, in case of multiple pregnancy it is extended to 84 days. After childbirth, according to the law, 70 days of sick leave are required if the birth went without complications. If there are problems with delivery, a woman is disabled for 86 days, and 110 if twins were born.

At the end of the period of prenatal and postnatal sick leave, an application is written for granting leave to care for the baby, until he reaches the age of three years. For the entire period, the organization retains the workplace for you. Also, the maternity period is counted in the insurance experience. You can return to work without waiting for the end of the three-year break. But, in such a situation, funding for benefits will be suspended.

Rest time

For women in an "interesting position" there are also benefits regarding vacations. Prior to going on sick leave before childbirth, the employer must not create obstacles and provide the employee with annual and additional leave without taking into account the period worked at the enterprise for the current year.

After all, after the sick leave, most often, women go on parental leave and can no longer use the opportunity to “walk away” the days laid down by law. This technique is widely practiced in government institutions.

Payments at the birth of children

According to the current legislation, both working women and those who are not employed are entitled to receive benefits. If a woman waiting for a baby is framed at work by an employment contract, then the allowance will be provided at her place of work. The basis for this is a disability certificate issued by a medical organization. The amount of payments is one hundred percent of wages. The rest of the fair sex applies for registration of assistance to the social security at registration.

To apply for a loan, you must provide the following documents:

Certificate of approved form from the hospital.
Application of the established form.
Certificate from the place of work, study, service.
Individual tax number, passport, work book.
A document from the employment center (if you are looking for a job and have submitted documents to the employment service for this).

You should apply for the allowance within six months from the end of the maternity leave.

The vulnerability of the expectant mother in modern society is obvious, because the employer does not want to pay such ladies for restrictions in the performance of duties for health reasons. Employment evasion and attempts to bring to dismissal in private companies are not uncommon. Therefore, we suggest that a pregnant woman study her rights.

The Labor Code includes articles that provide for the period of gestation of the unborn baby and childbirth. For women who are pregnant, state institutions and private firms are prohibited from refusing employment.

Article 64 of the Labor Code of the Russian Federation stipulates positions regarding the rules for concluding a formal contract with an employer. Note that the presence of young children is also not a reason to reject an application for an opportunity to work in a company. The main parameter in the selection of personnel is the business qualities of the future employee. In other words, the rights of pregnant women at work under the labor code must be respected and refusal to accept a vacant position for this reason is not a legitimate reason.

Information! Refusal of a pregnant woman in employment (despite the fact that the experience and qualities of a potential employee are identical to the requirements) entails penalties.

The Labor Code indicates certain benefits that are due to pregnant women during employment. What is written in them?

Art. 70 in the Labor Code of the Russian Federation guarantees the possibility. Therefore, the refusal by the staff of the personnel department to fill out an application for employment for a free vacancy is not justified. However, this fact does not mean that the organization will employ a person who does not have professional qualities, the required qualifications and experience.

Labor rights at work

Protection of the rights of the expectant mother is provided for in the Labor Code. This document indicates all possible benefits and concessions that the employer is obliged to implement. There is also the following requirement: it is forbidden to fire a woman during pregnancy. This also applies to Art. 81 of the Labor Code of the Russian Federation, which stipulates tolerances for breaking contractual relations due to constant violations of labor regulations and absenteeism. The labor rights of pregnant women are attributed in the Code of the same name.

Visiting a doctor during business hours

In a private company, the employer becomes "in a pose" and unwittingly provokes a nervous breakdown in a pregnant employee. It is incredibly difficult to ask for an appointment with a midwife every time, to pass tests or pass a commission. There are threats of dismissal, penalties. However, this state of affairs is fundamentally unacceptable. A pregnant girl warns in advance about the time and date of leaving / being late for work to visit a doctor and receive advice. Neither the personnel department nor the director has the right to prohibit such passes.

Need to know! In Art. 254 of the Labor Code states the following: all days of a planned examination of the expectant mother are paid in full. You can prove the reality of visiting a doctor with a certificate from a dispensary, clinic or antenatal clinic.

Changing working conditions

A working woman needs present a certificate from the attending physician about your situation from the consultation. From this moment begins a new round in relations with the employer. In accordance with Art. 254 of the Labor Code of the Russian Federation are subject to changes:

Transfer of an employee to "light work". In other words, there is a decrease in production rates for a particular person (pregnant). As a result of such a rearrangement, the rights of pregnant women in light work are fully respected.
The ban on lifting a girl in the position of weights during working hours. A maximum weight of 2.5 kg is allowed.
The employer cannot call the future mother to work on night shifts, on holidays and on weekends.
The personnel department, by appropriate order, guarantees additional breaks in the work shift of the employee.
It is forbidden for an employer to dismiss a pregnant woman for any reason at an early stage, as well as to refuse employment. However, there are options for implementing this action, prescribed in the Code of the Russian Federation (for example, the complete liquidation of the company).
A pregnant woman, by agreement with the personnel department, has the right to reduce the working day. This decision is mutual, formalized by the statement of the employee and the corresponding order.
The employer guarantees the timely exit of the employee on maternity leave. Leave for child care is also provided and paid.
The director of the organization in which the pregnant lady works ensures the payment of monetary compensation (maternity money) in connection with maternity leave and subsequent childbirth.
Registration by the personnel department of documents on a business trip of a pregnant girl is prohibited.

Hygienic recommendations for the rational arrangement of the workplace of a pregnant woman

Despite the fact that working conditions during the period of bearing a baby have changed, the employer needs implement a new job in accordance with the law. In this situation, the management is guided by the requirements of the "Hygienic recommendations for the rational employment of pregnant women." The document was released in 1993 and was developed by the State Committee for Sanitary and Epidemiological Supervision of the Ministry of Health.

Regardless of the form of taxation, type of organization, the employee - the expectant mother - must submit a certificate of her change in status. SanPiN 2.2.0.555-96 says what should be the place for the future mother to work, rules and requirements are defined.

New stationary workplace for a pregnant employee transferred to light work:

Should allow a change in the position of the body in the process of work. This means that the chair must be swivel with the possibility of height adjustment. It must be equipped with a reclining backrest and a headrest. In the "body" of the chair, armrests (if they are absent) and a lumbar cushion should be provided. All requirements for the working chair of a pregnant girl are prescribed in GOST 21.889-76 “Man-machine system”.
To facilitate the sitting work of the expectant mother, a special notch-cutout in the tabletop is provided in the working surface of the table. All corners are rounded and the top coat is matte. If possible, the employer provides the employee with a footrest. This device must also be adjustable in height, angle of inclination.

Information! The organization of the workplace for a girl in position includes equipment and hygiene conditions. In other words, the HR department officially establishes smaller workloads (not only physical, but also neuro-emotional). This requirement is specified in the decision of the Chief Sanitary Doctor, issued on 23.04.1999. - R 2.2.755-99.

Job responsibilities during pregnancy

According to the Labor Code, which specifies the rights and obligations of a woman during pregnancy, the conclusion follows: the rights of the expectant mother have expanded significantly. At the same time, the scope of work duties remains in force of the current employment contract. To resolve this controversial issue, the girl provides a certificate on a specialized form from a doctor. In this situation, the owners of the company offer to switch to other working conditions (if necessary). In addition, the employer has a time interval to search for a replacement for the pregnant woman.

Despite the obvious concessions for an employee in this position, duties must be performed. These include:

comply with the charter adopted in the institution;
do not miss work;
Don't be late for your shift.

Information! The employer has no right to fire a working pregnant woman. However, constant delays, frequent absenteeism lead to guaranteed dismissal after childbirth.

Retirement benefits

In the legislative base of our country dismissal of a pregnant woman is prohibited. This is stated in Art. 81 TK. To take such a step at the initiative of the employer, catching a woman in violation of the daily routine, finding fault with such an employee about poor-quality performance of tasks, faces a serious fine. You can perform this action only in the following permitted cases:

carrying out the official liquidation of the institution / closure of the IP;
the inability to replace the heavy specifics of work with easier conditions;
self-dismissal of a pregnant woman.

According to the law, there are no benefits for dismissal in the event of liquidation of the company. However, all employees are required to:

payment of wages for hours worked;
compensation for vacation that did not have time to take off;
payment of unemployment benefits;
from the FSS fund or social security;
for 2 months the average amount of salary is paid.

Hiring a new employee for maternity leave

It is quite natural that the vacant vacancy must be filled. At the same time, the official hiring of a temporary employee during pregnancy leave is carried out in accordance with the norms of the current legislation. Often in such situations, employees are recruited to replace them under a fixed-term employment contract. This is written in Art. Labor Code No. 23.

Information! When replacing a position, all privileges, bonuses, benefits and subsidies are retained in accordance with the employment contract and the Charter of the company. Admission to the vacant place is carried out according to the staffing table with the issuance of an order for hiring for a maternity place. It is approved by the management of the institution with an indication of the amount of salary.

What does easy work mean for pregnant women

Pregnant employees need work relief, so the Labor Code establishes that every pregnant woman has the right to switch to work on a reduced schedule. The law does not specify the exact number of working hours to which the time for the expectant mother should be reduced, so the issue is resolved by agreement with the employer. At the same time, it is important to know that with such a mode of work, wages will be reduced accordingly.

It is also important to remember that an employee who is expecting a baby should not be involved in work:

at night (from 22 to 6 hours);
overtime;
on weekends;
on holidays that are non-working days.

In addition, the law prohibits sending pregnant women on business trips. And in all these cases, the exit of a pregnant employee to work is unacceptable even with her consent.

The current sanitary rules (SanPiN) also provide for other restrictions on the working conditions of pregnant women. So, they can't work:

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in basements;
in a draft;
in conditions of wet clothes and shoes;
under the influence of harmful production factors;
in other adverse conditions provided for by SanPiN.

If the work is associated with the constant lifting of weights, then the mass of the transported load cannot be more than 1.25 kg, and when alternating the lifting of the load with other work - more than 2.5 kg.

In cases where the work performed by a woman is contraindicated during pregnancy, she should be transferred to another job suitable for her. In addition, the need to reduce the rate of production or provide other work may be provided for by a medical opinion. When transferring to another job, the average salary at the previous place of work is maintained.

The rights of pregnant women to leave

As a general rule, an employee can receive annual leave with vacation pay after he has worked for six months at this place of work. For pregnant women, a preferential rule has been established: regardless of the length of service, they can go on annual leave before going on maternity leave or immediately after the end of maternity leave.

The law enshrines another important right of a pregnant woman at work regarding the provision of leave: a pregnant employee cannot be prematurely recalled from leave even with her consent.

With regard to maternity leave (which is called maternity leave in the law), it is granted for a period of 30 weeks of pregnancy. If the birth of 2 or more children is expected, then the woman goes on maternity leave 2 weeks earlier. The duration of the leave depends on the number of children and the severity of the course of childbirth and ranges from 140 to 194 days. During this leave, a benefit in the amount of 100% of average earnings is due, which is paid immediately for the entire period of the decree.

In addition to going on vacation, pregnant women have another legal reason to be temporarily absent from the workplace. So, if the period of absence from work in connection with a visit to the clinic (for testing and passing specialists), then it should be paid in the amount of average earnings. In this case, the woman should present evidence of absence from work precisely for this reason (for example, a ticket to the doctor). Therefore, in order to undergo a mandatory medical examination, pregnant women do not need to take a vacation at their own expense.

Can a pregnant woman be fired?

An employer is not entitled to terminate an employment contract with a pregnant woman on its own initiative. Even if she is negligent in the performance of her official duties, starts to be late for work, or does not show up for a shift at all without good reason - in all these cases she is threatened, at most, with a reprimand. The only acceptable grounds for dismissal are the liquidation of the organization (but not downsizing!) or the termination of activities by the employer in the status of an individual entrepreneur.

The situation is more complicated if the woman works on a fixed-term contract and the period of its validity expires during pregnancy. But even in such a situation, as a general rule, the manager should not fire a pregnant employee. The term of the contract with her is extended until the end of pregnancy. To do this, a woman needs:

submit an application to the manager for the extension of the employment contract;
attach to it a medical certificate of pregnancy obtained in the antenatal clinic.

On the basis of these documents, an agreement is concluded with the woman on the extension of the employment relationship until the end of the pregnancy. After the birth of a child (or at the end of the pregnancy with an abortion or miscarriage), the employer has the right to terminate the contract with the employee. To exercise this right, he is given a one-week period from the day when he learned (or should have known) about the end of the pregnancy.

It is important to emphasize that the employer has no obligation to renew a fixed-term contract if it expires after the birth of the child. This moment should be taken into account by women working on a fixed-term contract when planning pregnancy.

The law allows the dismissal of a future mother who works under a fixed-term contract only if a number of conditions are met:

the contract is executed for the period of absence of the main employee, and this employee goes to work;
there is no way to transfer a woman to another position (even a lower paid one);
the possibility of transfer is available, but the employee does not give consent to this.

Thus, we can conclude that the rights of pregnant women are spelled out in sufficient detail in the law. At the same time, pregnant women working under a fixed-term labor contract are protected by law to the least extent, compared with the rest.