Rights of pregnant women according to shopping mall. What does the law say? Visiting a doctor at the antenatal clinic

It's no secret that many employers prefer to hire men. The reason they do this is simple: such an employee is unlikely to leave maternity leave. It is he who “scares” many managers, forcing them to refuse young women. Or force them to resign at will when reporting pregnancy. Let's try to figure out whether maternity leave is so terrible for an employer, and whether a woman can protect her labor rights in such a situation.

Labor rights and responsibilities of a pregnant woman

Strictly speaking, any employee, regardless of his marital status, there are two main responsibilities: to personally perform the work provided for in the contract concluded with the employer, and also to obey the internal rules and regulations of your organization or enterprise. For this, he has the right to be provided with a workplace that meets numerous rules and regulations, the work specified in the contract, as well as to receive wages in full and on time.

At the same time, the legislator establishes a number of special rules for women in general and for pregnant women in particular. They begin to operate from the moment you contact your future employer regarding employment issues:

Deny employment. The employer has no right to give gender or pregnancy status as a reason; this is discrimination, which is expressly prohibited by law. Grounds for refusal can only be business qualities or failure to meet qualification requirements.
There are a number of professions in which female labor is prohibited in principle. The list, which is approved by Government Decree, contains about 500 specialties. They are associated with severe, harmful or hazardous conditions labor, as well as underground work. Pregnant women are not allowed to work at night.
The law also requires the employer to take into account the health status of female employees. If there are medical indications for reducing production standards or excluding any adverse effects, then, at the request of the woman, she should be translated to more light work .
If the employer does not yet have the opportunity to transfer to light work, then before it becomes available, the employer must exempt a pregnant woman from work, but pay for this time as time worked.

A pregnant employee retains her average salary:

during mandatory visits to doctors;
after transfer to light work.

That is, until she goes on maternity leave, she will receive the same amount as in her old place. As for medical examinations, their completion must be confirmed by a certificate from the clinic. Otherwise, absence may be regarded as lateness or absenteeism and may result in a penalty.

The right to leave for a pregnant woman

What else are pregnant women entitled to at work? Special leave is established for them in connection with the birth of a child. The usual term “maternity leave” actually combines two different leaves: for pregnancy and childbirth and for caring for a child under 3 years of age. Both of them are provided at the request of the woman, but are issued and paid for differently. During this time, the employee retains her position. But instead of a salary, she will receive Social Security benefits.

Grounds for maternity leave. In addition to the application, there will be a certificate of incapacity for work (sick leave). Either parent or even grandparents can take leave to care for a child. They can use it either in full or in parts. During this leave, a woman can work from home, remotely or part-time. At the same time, she will receive both benefits and salary.

Relying on her next annual leave, a woman can add to her maternity leave. Moreover, both before it began and after. For the father, according to his application, the employer is obliged to arrange the next leave in such a way that it coincides with his wife’s maternity leave.

Can a pregnant woman be fired from her job?

Labor legislation establishes a direct ban on the dismissal of employees on vacation. This fully applies to maternity leave. The law also establishes a number of prohibitions for an employer to fire a woman while pregnant. This creates the misconception that such an employee cannot be fired in principle. However, this is not true.

There are few cases when the dismissal of a pregnant woman is legal, but they exist:

liquidation of the employing organization, that is legal entity and individual entrepreneur (clause 1, part 1, article 81 of the Labor Code) or a branch of a legal entity (part 4, article 81 of the Labor Code);
agreement of the parties, drawn up in writing (clause 1, part 1, article 77 of the Labor Code);
a woman’s own desire (clause 3, part 1, article 77 of the Labor Code);
end of urgent employment contract(clause 2, part 1, article 77 of the Labor Code);
disagreement of a pregnant employee to work with the new owner (only for the director, his deputies and the chief accountant), in changed working conditions, or to move with the employer (respectively, clauses 6, 7 and 9, part 1, article 77 of the Labor Code).

Protecting the labor rights of a pregnant woman: where to go?

Labor legislation provides several opportunities for a working pregnant woman to protect her labor rights. First of all, this is an appeal to the primary trade union organization or labor dispute commission(CTS) directly at the place of work. The appeal must be in writing, indicating exactly what rights were violated.

In case illegal dismissal, you can challenge it in district court. You can contact it in other cases, bypassing the CTS and the trade union. Required for trial statement of claim, to which it will be necessary to attach documents serving as evidence of the employer’s wrongdoing.

You can also complain about illegal actions of your employer in prosecutor's office or State inspection labor. The complaint must be written and contain both information about the employee who applied and a description of the violations of labor rights committed by the employer.

Olga Krapivina, lawyer, especially for the site Mirmam.pro

Dismissal under the Labor Code of the Russian Federation in 2017

The grounds for dismissal under the Labor Code of the Russian Federation in 2017 are listed in Art. 77 Labor Code of the Russian Federation.
General grounds for termination of an employment contract between an employee and an employer may be the following:

Agreement of the parties. Dismissal on this basis is regulated by Art. 78 Labor Code of the Russian Federation. On this basis, you can cancel any employment contract. To do this, you need to sign an agreement between the employee and the employer, which will detail all the nuances of dismissal.
Expiration of the employment contract. Dismissal on this basis is regulated by Art. 80 Labor Code of the Russian Federation. Having entered into a fixed-term contract with an employer, an employee must be prepared for the fact that the contract will expire and the employer may fire him. This is sufficient grounds for termination of the employment relationship. However, there is an exception - if the employment contract has expired, but neither party “remembers” about it, and the employee continues to work, then the terms of the contract’s urgency lose their legal force and the contract becomes concluded for an indefinite period.
Employee initiative – Art. 80 Labor Code of the Russian Federation. The employee has the right to resign at his own request. To do this, you need to notify the employer 2 weeks in advance. If the employee is on a probationary period, then 3 days in advance. There is no need to obtain permission from the employer to dismiss on this basis, you just need to properly notify him. It is necessary to be sure that the employer has received the employee’s application. It is necessary to write 2 copies of the application and on one you need to put a note about acceptance. Even if the employer does not agree with the dismissal of the employee, with such notification he will not be able to challenge it in court.
Employer's initiative – Art. 81 Labor Code of the Russian Federation. The employer can also take the initiative and fire the employee. There are several reasons for this, including the guilty actions of the employee. Dismissal at the initiative of the employer must be properly formalized - the employee must be notified and familiarized with the orders and instructions of the employer. If the dismissal was caused by the employee’s guilty actions, then it is necessary to conduct an investigation in accordance with current labor, administrative and civil legislation. Incorrectly executed dismissal of an employee at the initiative of the employer is grounds for challenging the dismissal in court. For example, an employer may reduce staff or headcount. At the same time, he must notify the employee 2 months in advance and offer him a vacancy that matches his qualifications and work experience. If the employee refuses, the employer has the right to dismiss him by paying him severance pay and compensation.
Transfer of an employee to another employer, or election to an elective position. An agreement may be concluded between two employers under which an employee can change jobs by transfer. At the same time, the “old” employer’s employment contract is terminated, and the “new” employer’s employment contract begins. The initiative for transfer can come from both the employee and the employer.
The employee's refusal to continue his work labor relations, if the terms of the contract have been changed in some way. A legal entity may change the owner of its property or undergo a restructuring, which led to some changes in the terms of the employment contract in a unilateral manner that does not violate the law. If the employee refuses to comply with the new terms of the contract, he may be fired.
Employee's refusal to move to a new place workplace to another location with the employer. When moving to another location, the employer must notify employees. Refusal to move is grounds for termination of the employment relationship;
Circumstances that do not depend in any way on the will of the parties. Such circumstances may include calling an employee to military service, beginning of studies at higher or secondary vocational educational institution, his detention in connection with the opening of a criminal case or other reasons that make further continuation of the labor relationship impossible;
Breaking the rules internal regulations or labor discipline. Such violations include absenteeism without good reason, appearing at the workplace under the influence of alcohol or drugs, or other violations.

Dismissals for the above reasons must be justified and not fictitious. If the grounds for dismissal are the employee’s guilty actions, then they must be proven and supported by documents.
A correctly executed dismissal under the Labor Code of the Russian Federation 2017 is an obstacle to challenging it in court.

Rights of pregnant women at work - rights and responsibilities of a pregnant woman at work

The policy of our state in lately aimed at stimulating natural population growth. In this regard, new social programs, encouraging the birth of children in Russian families.

Also, many benefits and provisions are included in Russian labor legislation, which relate to the benefits of working women awaiting the birth of a baby. It is these privileges that will be discussed further.

Rights of a pregnant woman at work under the Labor Code 2017

In 2017, the Labor Code of the Russian Federation defines a number of benefits for the expectant mother at work, including:

transfer to easier working conditions;
prohibition from lifting weights over 2.5 kg, in some cases – 1.25 kg;
a ban on engaging in night shifts, as well as work on weekends and “red” days of the calendar;
providing necessary additional breaks during the shift;
prohibition to fire or lay off a woman in this position (the only exception is complete liquidation enterprises);
timely departure on maternity leave and child care;
the possibility of receiving monetary compensation for pregnancy and childbirth from production.

Responsibilities of a pregnant woman at work

In addition to privileges, future mothers also have their own responsibilities, according to the labor law, from which no one exempted them, including:

timely notification of management about the upcoming maternity leave (for this you need to provide the HR department with the relevant document from the antenatal clinic);
compliance with the regulations and charter of the organization (company);
not allowing absenteeism without a good reason;
evasion of one's direct job responsibilities.

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

Many pregnant women are interested in the question: Do they have the right to refuse to hire a pregnant woman? No, according to Article No. 64 of the labor law (you can download the law from the link above), the employer does not have the right not to hire an employee for a vacant position if she is in a position.

If this happens, the woman has the right to demand a written justification for the refusal, after which she can go to court. Most likely, the manager who violated the law will not only be punished with an administrative penalty, but will also be obliged to accept the applicant for a job, compensating her for moral damage.

Does a pregnant woman have the right to leave work to see a doctor?

A woman who is about to have a baby can leave her shift to see her doctor for regular consultations. The company management has no right to prevent you from visiting a doctor.

Moreover, according to Article No. 254 of the Labor Code (you can download the code above), days of scheduled medical examination are paid in full. As proof of the date of the doctor's visit, the expectant mother must bring the relevant certificate from the clinic to the manager.

Do they have the right to transfer a pregnant woman to another place of work?

Can management transfer a woman expecting a child to another place in production?

Yes, this is only possible in two cases:

with the consent of the employee herself;
if the transfer is carried out for light work.

If, for example, a woman in a position was involved in work involving lifting weights, then now she should be transferred to work where she would not lift weights exceeding 2.5 kg, and in some cases - no more than 1.25 kg .

If an employee spends more than 3 hours at the computer per shift, she must be provided with additional time for rest.

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

Do they have the right to fire a pregnant woman from her job? The management of the enterprise where the expectant mother works does not have this opportunity. A woman in this position has no right to be fired from her job or laid off. This law is enshrined in Article 64 of the Labor Code of Russia (you can download the law above).

The only exception is the situation when an enterprise (organization) completely ceases to exist as a legal entity, which occurs during its liquidation. But even in this case, the employee in this position must be paid compensation and provided with severance pay.

Violation of rights at work for a pregnant woman

Any infringement of the rights of pregnant women at work can end very badly for the employer, even leading to criminal liability.

For example, violation of Article No. 64 Part 2 of the Labor Code of the Russian Federation (refusal of employment to a pregnant woman) can lead to a significant fine or correctional labor.

Protecting the rights of pregnant women at work

To protect the interests of pregnant women at work, the Labor Code of the Russian Federation (articles numbered 254, 255, 259, 261 and others) categorically prohibits the dismissal of expectant mothers, and also defines a number of their privileges, which were mentioned above.

Guarantees and benefits for pregnant employees

Plenum Supreme Court The Russian Federation, in Resolution No. 1 of January 28, 2014, clarified a number of issues regulating the particularities 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 courts when considering labor disputes on similar topics. The clarifications of the Plenum of the Supreme Court of the Russian Federation will ensure uniform application of labor legislation by 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, by law, termination of a contract with pregnant women is prohibited, then the subsequent request from the employee for reinstatement at work must be satisfied
Reason: Clause 25 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1

2. An employment contract, the end of which occurred during the employee’s pregnancy, generally needs to be extended until the end of the pregnancy. Moreover, in the event 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. The employment test is not imposed on 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 1.5 years of age without a mother.

If such employees were given a test, then termination of an 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 when concluding an employment contract

In Art. Art. 64 and 70 of the Labor Code stipulate the guarantees provided to pregnant women when concluding an employment contract. So, it is prohibited:
— refuse to hire a woman for reasons related to her pregnancy (Part 3 of Article 64 of the Labor Code of the Russian Federation);
— install probation when hiring pregnant women (Article 70 of the Labor Code of the Russian Federation).

Labor relations

So, an employment contract has been concluded with the employee. Let's consider what guarantees and benefits pregnant employees are entitled to within the framework of labor relations.

Part-time work

Pregnant women may be assigned a part-time work schedule.
In fact, work modes can be as follows:

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

part-time work week. If an employee is found to have an incomplete working week the number of working days is reduced compared to the working week established for this category of workers. At the same time, the length of the working day (shift) remains normal;

combination of part-time working hours. Labor legislation allows a combination of part-time work and 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 simultaneously reducing the number of working days per week.

Pregnant women can apply to the employer with a request to establish a part-time working day (shift) or a part-time working week both upon hiring and subsequently. The employer is obliged to satisfy such a request (Part 1 of Article 93 of the Labor Code of the Russian Federation). Incomplete working hours can be set either without a time limit or for any period convenient for employees.

Special working conditions for pregnant women

Regarding pregnant women 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 days 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, based on a medical report and at their request, should have production standards and service standards reduced, or they should be transferred to another job that excludes exposure to adverse production factors (Part 1 of Article 254 of the Labor Code of the Russian Federation).

Guarantee of maintaining average earnings

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

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

the period during which an employee is released from work due to its harmful effects until she is granted suitable job. Working days missed as a result of this are paid based on the average earnings at the previous job (Part 2 of Article 254 of the Labor Code of the Russian Federation);

the period of her undergoing mandatory medical examination in a medical institution (Part 3 of Article 254 of the Labor Code of the Russian Federation).

Note. Is it necessary to confirm the completion of a medical examination? The Labor Code does not impose on a woman the obligation to provide the employer with any documents confirming the completion of a medical examination. Nevertheless, it is advisable to warn the employee in writing (referring to the norm of Part 3 of Article 254 of the Labor Code of the Russian Federation) about his absence from the workplace for this reason, so that it is not regarded as absenteeism and during this time the average earnings are maintained.

Providing maternity leave

Maternity leave - special kind vacation. 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 benefit. The period a woman is on maternity leave is taken into account when calculating the length of service that gives the right to annual paid leave (Part 1 of Article 121 of the Labor Code of the Russian Federation).

Guarantees when granting the next vacation

By general rule The right to use vacation for the first year of work arises for an employee after six months of continuous work with this employer (Part 2 of Article 122 of the Labor Code of the Russian Federation). At the same time, for certain categories of workers, the Labor Code provides an exception to the general rule. Thus, regardless of the length of service with a given 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 provided:

women before or immediately after maternity leave 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 going on annual paid leave independently. As a rule, annual leave turns into maternity leave. In addition, it is prohibited to recall a pregnant employee from annual main and additional leave (Part 3 of Article 125 of the Labor Code of the Russian Federation) and to replace these leaves or parts thereof with monetary compensation (Part 3 of Article 126 of the Labor Code of the Russian Federation);

to the 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, annual paid leave for this category of persons is provided at a time convenient for them, regardless of the vacation schedule. The minimum duration of 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 (except in cases of liquidation of the organization or termination of activities individual entrepreneur) (Part 1 of Article 261 of the Labor Code of the Russian Federation).
However, there are possibilities for terminating the employment relationship with a pregnant employee. For example, if a pregnant employee works under a fixed-term employment contract.

Dismissal is not permitted if...

during the period of validity of a fixed-term employment contract, a pregnant employee will write an application to extend the term of the employment contract until the end of pregnancy and submit the corresponding medical certificate, the employer is obliged to satisfy the woman’s request (Part 2 of Article 261 of the Labor Code of the Russian Federation). In this case, the employee, at the request of the employer, must provide a medical certificate confirming pregnancy, but not more than once every three months. Changing the terms 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 pregnancy) does not matter for extending the validity of this contract.

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

Just 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).

Maternity leave and benefits. During the period of validity of the employment contract, a pregnant employee can take maternity leave. In this case, the corresponding benefit must be paid to her 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 duties of the 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 Labor Code of the Russian Federation:

not only the job or vacant position that corresponds to her qualifications, but also a lower position or 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 other localities must be offered where applicable collective agreement, agreements or employment contracts.

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

The article is current as of 02/05/2016

Rights of pregnant women at work, what should an expectant mother know? The law is on your side, we protect our rights and defend benefits to the employer!

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

What rights does a pregnant woman have under the law?

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

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

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

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

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

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

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

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

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

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

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

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

Maternity leave. What many people don't know?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Maria Sokolova

Reading time: 6 minutes

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Labor Code on the rights of pregnant women

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

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

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

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

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

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

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

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

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

Pregnancy is exciting. But it becomes especially exciting and alarming at work if a woman is subjected to pressure from an unscrupulous employer.

The law provides benefits for a woman during pregnancy, and it is important to ensure that all benefits are taken into account and pregnancy at work does not become stressful for you.

Therefore, declare your rights to your employer only in writing. Then, if they are broken, they can easily be restored judicial procedure.

So, 5 important rights of a pregnant woman at work.

Right first: to continue working until the end of pregnancy.

An employer does not have the right to dismiss a pregnant employee on his own initiative.

The law provides for termination of an employment contract with her only in the event of:

Liquidation of an organization (not to be confused with a reduction in the number or staff of an organization);

Termination of activities by an individual entrepreneur;

A fixed-term employment contract concluded for the duration of the duties of an absent employee.

If everything is clear enough with the first two points, let's look at the situation of an employee working in place of an absent employee under a fixed-term employment contract.

A fixed-term employment contract contains an indication of a specific period of validity or certain circumstances upon the occurrence of which the contract will be terminated, for example: “A fixed-term employment contract was concluded during the absence of the main employee Ivanova I.I.”

And then termination of the employment contract is indeed possible, but subject to the simultaneous fulfillment of two conditions:

It is impossible to offer the employee another job before the end of her pregnancy that she can perform in her position;

The main employee has started work.

A pregnant employee can and should be offered both vacant and lower or less paid positions.

Please note that when concluding a fixed-term employment contract due to other circumstances (for example, during seasonal work or project activities), it cannot be terminated until the end of pregnancy. Therefore, the employer must, despite the reasons for the end of pregnancy (birth of a child, miscarriage, termination of pregnancy), extend the fixed-term employment contract until its end. In this case, the employer may require a certificate as confirmation of pregnancy, but no more than once every three months.

Second right: for easy work.

For employees in a position, it is preferable to perform lighter jobs. To exercise her right, the employee must write a free-form application for transfer to light work and provide a medical report on the need for transfer to another job. This conclusion is issued by the doctor who observes the woman. In conclusion there is detailed description, what factors need to be excluded from its work.

There are serious labor restrictions for pregnant women: for example, lifting heavy objects, working in basements, in drafts, with wet clothes and shoes, and under exposure to harmful production factors are prohibited.

You also need to know that every pregnant woman has the right to go to work on a reduced schedule. The law does not stipulate the exact number of working hours to which working hours for an expectant mother should be reduced, so the issue is resolved by agreement with the employer. But keep in mind that with this mode of work, wages will be reduced accordingly.

Please note that an employee who is expecting a baby cannot be hired to work:

At night (from 22 to 6 o'clock);

Overtime;

On weekends;

On holidays that are non-working days;

And also send you on business trips.

Third right: to ask for time off to see a doctor.

A pregnant employee has the right to take time off from doctor appointments as needed. In the case of a complicated pregnancy, examinations by doctors, as well as laboratory tests, may be, if not daily, then very frequent.

The employer is obliged to ensure that the pregnant employee has the opportunity to freely undergo the necessary examinations. At the same time, during such examinations, she retains the average earnings at her place of work.

In order to take advantage of this guarantee, you must present a certificate from a medical institution confirming pregnancy.

On days when an employee needs to come to work later or leave earlier, proof of a doctor’s visit can be a voucher for an appointment with a specialist. To avoid conflicts with the employer, it is better to save the coupons and present them as needed. In this case, the employer will not be able to accuse the pregnant employee of absenteeism.

It is important to remember that it is unacceptable to miss a doctor’s appointment, despite possible misunderstanding on the part of colleagues or management.

Fourth right: for the use of regular annual leave.

A preferential rule for using leave has been established for pregnant women: regardless of their length of service with their current employer, they can go on annual leave before going on maternity leave (which is called maternity leave in the law - Maternity Leave) or immediately after completing maternity leave.

Please note that a pregnant employee cannot be recalled from leave early.

Fifth right: for the provision and payment of maternity leave.

As for maternity leave (the so-called maternity leave), it is granted at 30 weeks of pregnancy. If the birth of two or more children is expected, then the woman goes on maternity leave two weeks earlier. The duration of leave depends on the number of children and the severity of the birth and ranges from 140 to 194 days. A sick leave certificate is issued by a gynecologist or obstetrician-gynecologist at the woman’s place of observation.

During this leave, a benefit is entitled, which is paid immediately for the entire period of maternity leave upon presentation of a sick leave certificate.

A pregnant employee has the right to continue working after reaching the 30th week of pregnancy, but it must be borne in mind that she will only be paid wages. The benefit will only be paid when the employee actually stops working and goes on maternity leave.

For example, the standard sick leave for pregnancy and childbirth is 140 days, but the employee continued to work for another 21 days, so the number of days for payment under the B&R will be: 140 – 21 = 119 days.

It may be more profitable to work from a financial point of view if the salary is higher than the maximum amount of benefits payable during pregnancy and childbirth.

In 2016, the maximum benefit amount cannot exceed RUB 248,164. (for the entire period of standard leave - 140 calendar days), that is, the average daily earnings must be equal to or exceed 1,772.60 rubles.

Registration of work upon reaching 30 weeks occurs upon the written application of the employee with the obligatory presentation of a sick leave certificate.

And remember: no one has the right to refuse you if you want to continue working or exercise any of the above rights. Do not forget also that for the entire time you are away from work, your place remains with you. Try not to get involved in discussions of your position, various disputes and possible manifestations of dissatisfaction with colleagues or superiors.

The main thing you should pay attention to is your health and the health of your baby.

Every modern woman should know the rights of pregnant women at work. Often they are grossly and seriously violated. And a woman in a position does not always know that she is being discriminated against to one degree or another. Therefore, next we will consider all the features of the Labor Code of the Russian Federation applicable to pregnant women. What does a woman have the right to? What about the employer? How to fire a woman correctly? When will this action be considered legal? The answers to all this and more are provided by modern labor legislation.

Restrictions on areas of work

Today, women work equally with men. Nobody forbids them to build a career. However, you can’t work in all areas of activity. The rights of pregnant women at work under the Labor Code are associated with the rights of women. What are we talking about?

The point is that women with children (or caring for a sick relative) cannot work:

at hard work;
in places with hazardous working conditions;
in underground work;
at night.

Labor protection for pregnant women in Russia provides guarantees to the “weak” half of society that they will be able to work normally before maternity leave. If an employee is involved in the listed areas of employment, you can complain to labor inspection and refuse the job offer.

Overtime work

Quite often, companies engage in overwork. In some cases, workers are sent on business trips. This practice is becoming more and more common.

According to current legislation, pregnant women cannot be involved in overtime work or sent on business trips. Calling them to work on weekends and holidays is prohibited. All such operations can be carried out only with the desire of the woman. The will must be recorded in a written statement of consent.

Easy work

Not everyone knows the rights of pregnant women at work. But remembering what is guaranteed to a pregnant woman or with a small child is easy.

During pregnancy and until the newborn is one and a half years old, the mother may request a transfer to easier working conditions. For example, for medical reasons.

The employer cannot deny this right. He must find a suitable vacancy for the employee.

Until a pregnant woman has found an appropriate place of work, she has the right not to go to work. It is prohibited to stop such an act. It does not count as absenteeism.

Important: downtime caused by the employer must be paid. The average salary of the employee will be taken into account.

Maternity leave and work

They try to respect the rights of pregnant women at work according to the Labor Code. There are points that employers are silent about. But everyone knows about such a phenomenon as maternity leave.

An employee expecting a new addition to the family may request maternity leave from the 30th week of her “interesting” position. It's called "pregnancy and childbirth."

The duration of such rest from work depends on the course of pregnancy and delivery. You can roughly count on:

70 days before birth and 70 after - normal pregnancy;
84 days before birth and 110 after it - multiple pregnancy;
86 days after birth - complicated pregnancy.

In the latter case, maternity leave before delivery will be offered depending on the situation. The vacation will be either 70 or 84 days.

A woman can refuse maternity leave before acquiring the status of a mother. This practice occurs in modern Russia not so rare. Days worked during pregnancy are not added to the period after childbirth.

Important: maternity leave in the Russian Federation is paid. Payments depend on the amount of wages that a woman giving birth received on average at the company. In Russia, minimums and maximums for maternity compensation have been established.

Vacation before childbirth

We got acquainted with the working conditions for pregnant women according to the Labor Code. What else needs to be remembered expectant mother?

A woman may request additional leave before, after, or after the period of caring for the baby. It is provided upon request of the employee. Does not depend on the time of cooperation with the applicant. Similar right stated in Article 166 of the Labor Code of the Russian Federation.

Baby care

According to the Labor Code of the Russian Federation, the work of pregnant women is seriously protected. And the presence of a woman in position in a company causes a lot of trouble for the employer. Especially if a woman decides not to quit before becoming a mother.

Every employed mother has the right to leave to care for a child up to 3 years old. After this, you will either have to join the company or quit. There is no way to extend the period of rest from work. Only if you have a child again.

The following are entitled to maternity leave:

any of the baby's parents;
close relative(grandmother/grandfather).

The main thing is to remember that only one person can exercise the right to rest from work. If the woman has already requested it, the father will lose this opportunity. IN real life Most often, it is women who care for newborn babies.

Time spent caring for a newborn is paid. As a rule, an employee will receive 40% of his average earnings in the company for 2 years of employment.

Breastfeeding and work

Sometimes it happens that a woman gives birth and goes out to build a career again. Rights of pregnant women at work include additional time for breastfeeding. As a rule, this “bonus” is offered to all new mothers, and not to those who are just preparing for childbirth.

By law, a woman must be given additional paid time to breastfeed at least once every 3 hours. For one child, at least 30 minutes are allocated, for 2 or more - at least an hour.

This kind of right is reserved for the woman until the children reach one and a half years old. After this you will have to give up breastfeeding. In any case, the employer may not allow the woman to leave work additionally to feed her children.

Medical examinations

The rights of pregnant women at work under the Labor Code provide for the resolution of conflicts that arise between a woman and an employer.

What should I do if a woman needs to undergo a medical examination or go to an antenatal clinic for pregnancy? The employer is obliged to let her go. If management prohibits visiting a doctor, a woman can leave work on her own. Only in the end she will have to attach evidence of a visit to a specialist. Otherwise, such an act will be regarded as truancy.

If a subordinate undergoes an annual medical examination, she must not only be released from work, but also paid for the day of absence based on average earnings.

About earnings

Many people are interested in how wages are paid to pregnant women in light work. Will they pay less? Or can a woman count on maintaining her salary?

According to the Labor Code of the Russian Federation, when a woman is transferred to easier working conditions due to medical indications for pregnancy, her earnings must be maintained. Only the average salary of the employee is taken into account.

Accordingly, the employer cannot transfer the girl to other working conditions and thereby reduce her payments. This is a direct violation of current labor laws. The employee has the right to contact the labor inspectorate with a corresponding complaint.

Widespread use of female labor

The working hours of a pregnant woman are already known. It must comply with the established schedule and medical indications. Overtime prohibited.

In Russia, more and more often there are companies that widely use female labor. By law, such companies must organize special feeding rooms, nurseries and gardens.

The employer also needs to provide personal hygiene rooms for female employees. The relevant rules are specified in Article 172 of the Labor Code of the Russian Federation.

Reduction

Can a pregnant woman be fired from her job? How about shortening it?

First, let's look at abbreviations. This is not the most common type of employment termination, but it does occur.

They cannot make a pregnant woman redundant. If the position in which she works is eliminated, the employer will have to find another position for the subordinate. It is not necessary to save your earnings.

If a girl refuses offers due to layoffs, her dismissal is permitted. But such an act will not be associated with the reduction.

Dismissal of a woman

Can a pregnant woman be fired from her job? What does labor law say regarding this issue?

Termination of an employment contract with a pregnant woman is permitted, but only under certain circumstances. The initiator of the process must be the person being dismissed. It is not possible to terminate the employment relationship at the request of the employer.

In other words, they cannot fire a woman in this position. This is possible if:

the employee herself wanted to leave;
the parties entered into a severance agreement;
the girl refused the vacancies that were offered to her during the layoff;
the woman decided not to move to another place of work along with the employer and the company as a whole.

It follows that you can’t just get rid of a pregnant woman. Moreover, “under the article” a woman waiting for a new addition to the family cannot be fired under any circumstances.

At the same time, inducing a woman to resign is also prohibited. Unfortunately, this practice occurs in Russia.

Closing a company

According to the Labor Code, working conditions for pregnant women must correspond to the health status of the subordinate. Otherwise, she has the right not to go to work. Especially if the expectant mother first wrote an application for transfer to easier working conditions.

What happens if a company is liquidated or a business is closed? Perhaps this is the only reason for the dismissal of an employee in a position at the initiative of the employer.

The employee is notified in writing about the event in advance (2 months or more in advance), and then the corresponding operation is carried out. Such dismissal is not a violation. And there is no way to be reinstated under such circumstances. The company or individual entrepreneur will simply cease to exist.

Fixed-term employment contract

If a girl who is preparing to become a mother was hired under a fixed-term employment contract or as a person who replaces an employee who has already gone on vacation/maternity leave, dismissal can be carried out.

In the second case, everything is simple - the old employee returns to the company, and the pregnant woman is fired or offered a new position in the company. What to do with a regular fixed-term cooperation agreement?

A woman can write an application to extend the contract before giving birth. If this does not happen, the boss can remove the employee from work according to the law.

Dismissal procedure

How does a pregnant woman apply for transfer to light work? Exactly the same as a request for dismissal. You need to write an application and submit it to the HR department. The employer will issue a transfer order. After this you can start working.

A more serious matter is dismissal. Therefore, let's look at it in more detail.

If a pregnant woman wants to quit, she needs:

Write a letter of resignation if desired.
Submit a request to the HR department.
Wait for the application to be signed.
Work for 2 weeks.
Read the dismissal order.
Collect documents from the employer - a payslip with money for time worked, a work certificate of income.
Sign that the documentation has been delivered to the employee.

That's it. Now the woman will be fired without violating the laws. Termination of a contract at the initiative of the employer is extremely rare. Therefore, we will skip this option.

Important: when writing an application for transfer to light work, the employer must be notified of pregnancy. This can be done by attaching a certificate from the LCD.

Loopholes in legislation

The rights of pregnant women at work may not always be respected. Sometimes an employer can quite legally fire expectant mother or send her on a business trip/inappropriate working conditions. When?

Then, when the “interesting” position of the employee is known only to her. If the employer does not notify the employer about pregnancy, the woman loses all of the listed rights and guarantees. This means she could be fired or laid off.

The only thing the employer needs is to prove his ignorance. On early stages When a subordinate is pregnant, such a task does not cause any trouble.

From all of the above, it follows that a certificate from a gynecologist about pregnancy should be taken to the employer as soon as possible. Otherwise, no one will be able to guarantee respect for women’s rights at work.

The Labor Code prohibits denying employment to women in this position. The rights of pregnant women at work are also protected. In particular, the law does not allow establishing a probationary period for them when hiring, dismissing them at the initiative of the employer, except in cases specified in the law, and provides for a number of other benefits.

Rights and benefits of pregnant women during employment

Article 64 of the Labor Code of the Russian Federation regulates the rules for concluding an employment contract, prohibiting restricting a person’s right to get a job based on any criteria, including due to the presence of pregnancy or small children, except for business qualities.

The Labor Code protects expectant mothers and provides them with a number of benefits when hiring. In accordance with Article 70 of the Labor Code of the Russian Federation, pregnant women must be employed without a probationary period.

When hiring a woman, the employer does not have the right to refuse her employment if she is pregnant. Also, he should not be interested in whether she is pregnant at the time of employment. It is possible for an expectant mother not to be hired if her level of qualifications is insufficient or does not meet the requirements for the job for which the pregnant woman is applying.

If a woman understands that she is being refused on a far-fetched pretext, she has the right to ask for the refusal to be formalized in writing. You can subsequently contact the labor inspectorate or court and prove that there was bias on the part of the employer and an unreasonable refusal of employment.

In practice, this is not so easy to do. Employers, aware of the legal requirements, try to circumvent them in order to avoid penalties. Therefore, do not just ask for a written refusal, but put your request on paper and register it with the director’s secretary as required, with an assigned number and registration in the appeals log.

Rights of pregnant women at work

The rights of a pregnant woman at work are protected by the Labor Code. She cannot be fired even under Article 81 of the Labor Code of the Russian Federation for violating labor regulations, absenteeism or other violation.

The rights and benefits of a pregnant woman at work are discussed in the following video

Benefits for working expectant mothers

According to the law, a working woman, preparing to become a mother, can take advantage of benefits specially provided by law. Not all women know the law well, and employers often take advantage of this. In order not to lose your privileges, you need to remember the following:

Transfer to another position

If a pregnant woman cannot perform her previous duties, the employer must offer her another job. According to Part 3 of Art. 261 of the Labor Code of the Russian Federation, this can be not only a job that corresponds to the qualifications of the worker, but also a lower-paid and lower-ranking position, as well as all vacancies that are suitable for the woman for health reasons and are located in the area.

The pregnant woman should be given light work. The expectant mother has the right to ask for a transfer to light work. This is done in application form. A medical certificate confirming the need for transfer can be attached to the application. It is issued by a antenatal clinic doctor. It indicates which specific works are contraindicated. For example, lifting heavy objects, working indoors high humidity etc. If a woman is transferred to light work, she retains the average earnings that she had in her previous position.
A pregnant woman has the right to switch to. The manager determines how many hours her working day will last. Payment must be made for actual time worked.
A pregnant woman is exempt from work on weekends, holidays, and days. She should not be asked to work at night or overtime.
A pregnant woman has the right to take annual work leave or after it. Every employee has the right to receive paid leave once a year. You can take it after working for at least 6 months. This rule does not apply to expectant mothers. As regulated by the Labor Code of the Russian Federation, pregnant women can take annual paid leave after working any amount of time. A pregnant woman cannot be called back to work from vacation early.
A pregnant woman cannot work on a rotational basis. The 2019 Labor Code of the Russian Federation for pregnant women, in Article 298, limited the possibility of working away from permanent place accommodation.
A pregnant woman has the right to leave work to see a doctor for regular checkups. If the pregnancy is multiple or the gestation is complicated by various problems, systematic examinations, tests, etc. may be required. The woman must be released from work for the duration of the visit to the clinic while maintaining her salary.
After the expectant mother receives a certificate confirming her condition from the medical institution and registers it with the personnel department, she is required to allocate time to visit the doctor as needed.
A pregnant woman should receive additional breaks during work. She also cannot be transferred to another job without consent, unless it is a transfer to light work.
A pregnant woman has the right to receive paid maternity leave. In a normal case and a normal pregnancy, a woman has the right to write an application for paid leave under the BiR for a period of 30 weeks. If there is a multiple pregnancy, the law allows you to take 28 weeks off. If a woman lives in areas that have the status of environmentally unfavorable, she is allowed to go on leave under the B&R at 27 weeks. Thus, depending on the circumstances, the duration of the B&R leave can be 140, 156, 160 or 194 days. If the birth was complicated, another 16 days will be added to the 140-day sick leave. It will be issued by a doctor at the maternity hospital.

In addition to the pregnant woman, her husband also has benefits. At his request, the employer is obliged to provide him with annual leave while his wife is on maternity leave. Moreover, it does not matter what length of continuous work experience he has at this enterprise.

Birth and labor leave is granted on application. Let us tell you in more detail what this means and what it is needed for. Having written an application for leave under the BiR, and attaching a sick leave certificate to it (Article 255 of the Labor Code of the Russian Federation), the expectant mother hands these documents to her employer (when the employer should inform about pregnancy, read). The calculation of vacation pay begins. And here it may turn out that it is not profitable for a pregnant woman to go on vacation, because she will lose in salary. The point is that everything maternity payments women receive money at their place of work, but the Fund allocates funds to pay them to the employer social insurance. The Fund's capabilities are not unlimited, therefore, when calculating the amount, the value of the basic marginal income was introduced. The amount of vacation pay under the BiR depends on the average daily earnings of the maternity leaver for the 2 years preceding the year of going on maternity leave.

When the average daily earnings are calculated, they must be compared with the value of the maximum average earnings for the current year adopted by the legislator. If a woman’s earnings exceed the value established by law, the basic one is taken to calculate the benefit.

You can watch this video about calculating the allowance for BiR

This is why it is not profitable for some expectant mothers, whose income is higher than the basic value established by law, to go on maternity leave for a long time. The law provides for the possibility of such situations. Therefore, going on leave for employment and labor regulations is a voluntary matter for the employee herself.

She has the right to continue working until the day of birth and take only the postpartum part of the leave. The next stage, registration of parental leave for a child up to 3 years old, may also not be used by the young mother. She has the right to go to work, and leave to care for a newborn can be taken out by her father, grandmother or other working relatives. Find material on applying for maternity leave for your husband at the link.

The expectant mother needs to remember what rights a pregnant woman has at work, whether she is entitled to benefits under the law, and in case of misunderstanding or unreasonable actions of the manager, refer to the article of the Labor Code.

If the pregnant woman’s demands are legal and she knows all her benefits and rights, the employer will not break the law. Failure to comply with the rules threatens him with serious sanctions (Article 145 of the Criminal Code of the Russian Federation).

Rights of a pregnant woman upon dismissal

Additionally

If the rights of a pregnant woman have been violated, it is necessary to defend them, relying on the law. There are several ways to do this. First, you need to write a statement addressed to the manager with reference to the articles of the law and a requirement to comply with them. If this does not work, then you should write a complaint to the State Labor Safety Inspectorate and (or) the prosecutor's office. The last resort would be to go to court, but no later than 3 months from the date of violation of rights.

A pregnant woman cannot be fired at the initiative of the employer. Trying to circumvent the law prohibiting dismissal and inventing some kind of violation or finding fault with the employee and accusing her of poor quality work is also impossible. Article 81 of the Labor Code of the Russian Federation, regulating the dismissal of workers for disciplinary violations, prohibits the dismissal of pregnant women, no matter what offense they have committed.

A pregnant woman can only be fired if the organization is liquidated and the individual entrepreneur is closed. More information on the dismissal of a maternity leaver during the liquidation of an enterprise - .

The Labor Code of 2019 establishes for pregnant women certain rules dismissals at the initiative of the employer. This can only be done upon liquidation of an enterprise where a woman works. Upon dismissal, she will receive a salary for the time actually worked, compensation for unused vacation, unemployment benefits and maternity benefits from the Social Insurance Fund or the Social Security Administration.

You can also fire the expectant mother:

if her work takes place in difficult conditions and transfer to light work within the framework of this organization is impossible;
by agreement of the parties;
at your own request.

In a controversial situation, remind the employer of the articles of the Labor Code of the Russian Federation for pregnant women, giving them rights and benefits:

Art. 64 of the Labor Code of the Russian Federation guarantees the expectant mother the conclusion of an employment contract.
Art. 70 of the Labor Code of the Russian Federation prohibits testing a pregnant woman in order to verify her suitability for the job received.
Art. 255 of the Labor Code of the Russian Federation speaks of providing leave for the BiR of at least 140 days.
Art. 261 of the Labor Code of the Russian Federation prohibits the dismissal of pregnant women.

You can ask questions about the rights of pregnant women at work in the comments to the article.