Labor Code of the Russian Federation for the rights of pregnant women. When is it necessary to bring a pregnancy certificate? Benefits for working expectant mothers

Each modern woman must 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. Call them to work on weekends and holidays 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 can demand an “interesting” position from the 30th week maternity leave. 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 size wages, which on average a woman in labor received in 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 does the expectant mother need to remember?

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 work is 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 termination. labor relations, but it does take place.

They cannot make a pregnant woman redundant. If the position in which she works is eliminated, the employer will have to find another place 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 employment contract with a pregnant woman is allowed, 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 cannot simply 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 the company goes into liquidation or closure? entrepreneurial activity? 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 - pay slip with money for time worked, employment 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. In the early stages of a subordinate's pregnancy, 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 in the workplace.

You will need

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

Instructions

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

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

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

Useful advice

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

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

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

Employment procedure for pregnant applicants

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

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

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

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

Peculiarities of further labor relations with the expectant mother

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

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

Easy work

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

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

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

Working conditions in organizations or production

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

Severe conditions may include the following job duties:

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

Harmful working conditions may include:

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

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

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

Features of the provision and registration of the vacation period

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

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

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

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

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

Penalties against a pregnant employee and her dismissal

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

If any dispute arises between the parties, it must be considered in judicial procedure. At the same time, throughout the entire period of proceedings, the employee must be paid an average salary.

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

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

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

The modern state is doing everything possible to ensure that the rights of expectant mothers are reliably protected from the point of view of the law. In this case, an important aspect will be the awareness of pregnant women about these rights and additional privileges.

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

Pregnancy and working conditions

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

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

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

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

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

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

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

Rights and responsibilities of pregnant women at work

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

The basic rights outlined in the document include the following:

the right not to go to work on weekends and holidays, not to do overtime;
the right to compulsory payment for maternity leave, regardless of length of service women;
the woman retains her job throughout her maternity leave;
continuation of accrual of labor and insurance experience;
impossibility of terminating an employment contract at the initiative of the employer, except in cases of liquidation of the company.

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

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

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

These include:

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

Getting a new job

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

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

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

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

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

guarantees for pregnant women

The Labor Code of the Russian Federation provides special guarantees to certain categories of workers, in particular: women, persons with family responsibilities, and minors. In this article I will talk about whose labor rights today enjoy absolute protection from our state.

And you should especially remember that in the event of a violation of labor laws by an employer in relation to a pregnant woman, you should definitely contact the government supervisory authorities and the court, because when the plaintiff in a labor dispute in court is a pregnant woman or, then the attitude the court will always be special. And the slightest violation on the part of the employer of the rights of these categories of workers will have the most unfavorable consequences for him.

I will list all the main guarantees provided Labor Code for pregnant women:
1. It is prohibited to refuse to conclude an employment contract for reasons related to pregnancy or the presence of children (Part 3 of Article 64 of the Labor Code of the Russian Federation).
2. It is prohibited to install (Part 4 of Article 70 of the Labor Code of the Russian Federation).
3. It is prohibited to hold a competition to fill positions of scientific and pedagogical workers held under an employment contract concluded for an indefinite period. (Part 5 of Article 332 of the Labor Code of the Russian Federation).
4. Not allowed to work at night (Part 5 of Article 96 of the Labor Code of the Russian Federation).
5. Not attracted to overtime work. (Part 5 of Article 99 of the Labor Code of the Russian Federation).
6. Work on weekends and holidays is prohibited (Part 7 of Article 113 of the Labor Code of the Russian Federation, Part 1 of Article 259 of the Labor Code of the Russian Federation).
7. It is prohibited to send someone on a business trip (Article 259 of the Labor Code of the Russian Federation).
In addition, for pregnant women and people with family responsibilities, there are special features when providing annual paid leave:
1. Pregnant women have the right to annual paid leave, regardless of their length of service with a given employer. At the request of the woman, leave is granted before maternity leave or immediately after it (Article 260 of the Labor Code of the Russian Federation). Also, at the request of the woman, leave is granted at the end of maternity leave.
2.The spouse of a pregnant woman at his request annual leave provided while the wife is on maternity leave, regardless of the time he worked for a given employer (Part 4 of Article 123 of the Labor Code of the Russian Federation).
3. It is prohibited to recall a pregnant woman from vacation, as well as to replace vacation with monetary compensation (with the exception of monetary compensation for unused vacation upon dismissal).

Now I will comment on some of the above points that may raise questions for you.

Does an employer have the right to demand from a woman when hiring a certificate that she may be pregnant?
When applying for a job, each candidate is required to provide documents, the list of which is specified in Article 65 of the Labor Code of the Russian Federation. In some cases, taking into account the specifics of the work federal laws it may be necessary to provide additional documents to provide benefits and guarantees to certain categories of employees. The list is exhaustive and the requirement to provide any other additional documents, including a medical certificate confirming the absence (presence) of pregnancy, is illegal.
Thus, the employer’s requirement to undergo a medical examination for women will be correct only if the woman gets a job where the work of pregnant women is prohibited by law (rotation work, hard work, work in hazardous conditions, etc.). If, during a preliminary medical examination, it is determined that a woman is pregnant, she will be denied an employment contract.
In all other cases, a woman’s pregnancy should not influence the decision to conclude an employment contract with her.

Can a pregnant woman ask for a reduction in working hours?
Yes, it can. If a doctor issues a certificate stating that, for health reasons, a pregnant woman needs to be assigned part-time work, then the employer is obliged to fulfill the woman’s desire in accordance with Article 93 of the Labor Code of the Russian Federation. But keep in mind that your work will be paid in proportion to the time actually worked. And under no circumstances set yourself a shorter working day or additional days off on your own. You must write an application addressed to the manager, attach a medical certificate to it, and wait for the order to be issued. All your unauthorized decisions can be regarded as a violation of labor discipline and, although possible only in special cases, but if you wish, you may well receive disciplinary action, which in most organizations entails deprivation of bonuses, bonuses and other pleasant additions to your salary. Your legal rights need legal documentation. If you work part-time during pregnancy, then there are no restrictions on the duration of annual paid leave, calculation of length of service and other labor rights.
By the way, even if there is no medical report, but for some reason you want to work less, you can easily contact your employer and ask them to enter into an additional agreement with you during your pregnancy to the employment contract to establish a part-time working schedule for you ( translation to light work ). But in this case, the employer has the right to refuse you, although in practice there are rarely managers who would even hypothetically want to see childbirth in the workplace. Most often, I prefer to treat pregnant employees like crystal vases, with care and concern.

What to do if you have medical contraindications to continue working under the same conditions?
If a medical institution has given you a certificate stating that you are contraindicated from working at your previous place of work (there are some harmful factors: noise, windowless space, radiation from office equipment, etc.), and the employer does not have the opportunity to exclude from the working conditions specified in conclusion of harmful factors, then the following options for the employer’s actions are possible:
-you may have production standards reduced;
-you can be transferred to another job that eliminates your exposure to harmful factors, while maintaining the average earnings at your previous place of work (Part 1 of Article 254 of the Labor Code of the Russian Federation).
Please pay special attention to the following - if the process of transferring you to another job has been delayed due to the fact that the employer is looking for a new suitable place of work for you, then from working for “ harmful place“You must be released, and the average salary for all missed working days must be paid to you (Part 2 of Article 254 of the Labor Code of the Russian Federation). Moreover, if in your organization there are no jobs at all to which you could be transferred in accordance with a medical report, then the employer may well decide that you can stay at home all the time before maternity leave ( and naturally receive your average salary). Do not forget that all these actions must be documented in writing, i.e. your application, additional agreement, employer’s order to transfer you to another job during pregnancy.
If the employer cannot equip a workplace suitable for a pregnant woman medical requirements, then the order can stipulate that during the period of release from work the woman can stay at home, staying in touch to agree on the terms of the transfer, if such an opportunity arises. Of course, your boss may invite you to come to work and be not at your workplace, but, for example, in the reception or meeting room, i.e. in a place where there are no harmful factors. But this could be fraught for him, because any incident involving a pregnant employee who was on the territory of the organization will be classified as an industrial accident with all the ensuing consequences. So, if necessary, you can convey this information to your boss. I am sure that he will prefer to take care of you and himself at the same time.

How to undergo medical examinations without violating the Labor Regulations.
All pregnant women must undergo regular medical examinations from various doctors. Most often, the time prescribed by the doctor for the examination coincides with working hours. In Art. 254 of the Labor Code of the Russian Federation states that the employer is obliged to pay for this time in the amount of average earnings. Most often, it turns out that it is easier to take a few hours off to visit a doctor, and most employers do not even reflect on the time sheet the hours when a pregnant woman underwent a medical examination. The difference between wages and average earnings is most often insignificant and is not worth making a fuss over. In this case, your boss will not even ask you to show him a doctor’s certificate confirming the time you were in the antenatal clinic.
But there are women who abuse their right and, under the pretext of undergoing a medical examination, are absent from work for the entire working day or several days. In this case, be prepared to be required to provide a doctor's certificate. By law, the employer is required to let you go to the doctor, but is not required to pay for this time. Therefore, most likely, in order not to bother with an internal investigation and imposing a disciplinary punishment on you, you will be asked to write an application for leave without pay. And you will have to write it, because they cannot fire you, but they can fray your nerves for your absenteeism. Therefore, demand that the law be observed in relation to you, but also observe it yourself. Especially if you want to return to your workplace after your child grows up. And besides, you can bear financial losses because what more days you will be absent without explanation and, accordingly, without pay, the lower the amount of maternity benefits will be in the end. Therefore, I advise you once again - be a conscientious worker and then you will be treated with care and understanding of your difficult emotional and physical condition, and you will be allowed much more than what your colleagues can boast of.

Registration of maternity leave.
Grounds for providing maternity leave is a certificate of incapacity for work issued by a medical institution. The duration of such leave is:
-By general rules 70 calendar days before birth and 70 calendar days after. A total of 140 calendar days;
- in case of complicated childbirth, 70 calendar days before and 86 calendar days after childbirth;
-if the birth of two or more children is expected, then 84 calendar days before and 110 calendar days after the birth.
When you receive a certificate of incapacity for work from a doctor, you need to write an application at work for granting you maternity leave, as well as for the assignment of maternity benefits in order to issue an appropriate order. Along with a certificate of incapacity for work for pregnancy and childbirth, you can obtain a certificate from a doctor stating that you have registered with early dates pregnancy. Having such a certificate, you can receive another, albeit small, benefit.

Can a pregnant woman be fired?
No, a pregnant woman cannot be fired at the initiative of the employer (Part 1 of Article 261 of the Labor Code of the Russian Federation). There is only one exception to this rule - the liquidation of an enterprise (Part 1 of Article 81 of the Labor Code of the Russian Federation).
Life is full of surprises. A situation may well arise in which a woman is fired at the initiative of the employer (for absenteeism or other disciplinary violations), and after that she finds out that she is pregnant and, most importantly, on the day of dismissal she was already pregnant, although she was not yet I knew it myself. Although I don’t like violators of labor discipline, I will sympathize with a pregnant woman and tell her what to do. You need to take a medical certificate of pregnancy, which will clearly indicate the approximate duration of pregnancy, and go to the employer at your previous place of work. Show the certificate and ask to cancel the dismissal order. But do not ask verbally, but in the form of a statement. If the boss refuses to accept your application, much less satisfy it, then register the application in the office, but if it is not there, then send by registered mail with notification of delivery. In general, you notify the employer in any way about your “ interesting position"at the time of dismissal. The fact is that the ban on dismissal of a pregnant woman, which is written about in Part 1 of Article 261 of the Labor Code of the Russian Federation, is absolute and unconditional and does not provide for the state of awareness or ignorance of the employer about the pregnancy of his employee. You must be reinstated in your previous position, having the dismissal order canceled as issued in violation of labor laws. If your boss resists, feel free to go to the labor inspectorate, the prosecutor's office, or straight to court. Your cause is just - victory will be yours!

What to do if you worked under a fixed-term employment contract and the contract has expired?
Dismissal of a pregnant woman Working under a fixed-term employment contract has its own characteristics. If pregnancy occurs before the end of the employment contract, you must contact the employer with medical certificate and an application to extend the term of the employment contract. In this case, an additional agreement must be concluded with you to extend the term of the employment contract until the end of pregnancy, i.e. before birth. However, if your fixed-term contract was concluded during the absence of the main employee, who retained his job, then you may still be fired at the end of your contract (Part 3 of Article 261 of the Labor Code of the Russian Federation). But I'll tell you a secret. If you go to court, the court may well take into account some of your everyday circumstances and oblige the employer to extend your fixed-term contract until the moment of birth. Employers really don’t like to sue pregnant women, because it’s more expensive for themselves, so even if the main employee returns to work, there is a very high probability that you will be kept at work until the end of your pregnancy.

That's basically all you need to know about guarantees for pregnant women provided by our labor legislation.

If you need professional help in solving your specific problem regarding labor law issues (dismissal, disciplinary action, violation of your rights and guarantees, etc.), then you can contact me directly.