Pregnant woman switch to part-time work. In what cases is a shortened working day established for pregnant women?

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

The main thing is to know this and understand that the owner does not have the right to refuse to hire a pregnant woman at any stage.

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

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

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

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

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

What should a working day be like for pregnant women?

There are three types of time reduction:

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When it's time for a pregnant woman to change her wardrobe, the first thing she needs is trousers. Women wonder whether to buy clothes or make them themselves? After all, it’s not at all difficult, and the savings on the family budget are obvious, and besides, wearing them is much more pleasant, because they are made by yourself!

A set of exercises for pregnant women

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Hair dye for pregnant women

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Yoga for pregnant women 3rd trimester

The best option physical activity During pregnancy, especially in the 3rd trimester of pregnancy, yoga is recommended, since this type eliminates sudden movements and is performed at a measured pace. However, caution must be exercised here too.

How many hours does a pregnant woman have to work per day by law?

When a woman finds out about her pregnancy, in addition to the pleasant necessary efforts of preparing for a new addition to the family, she has many questions. Such issues also include issues related to work, relationships in the team during pregnancy, and the rights and responsibilities of a pregnant employee. A woman needs to understand all the nuances in order to remain calm, confident, worry less and enjoy her new condition.

You, of course, are happy about the upcoming replenishment, but it is quite possible that your superiors will be upset. After all, they don’t want to part with an experienced employee, endure possible costs, change planned schedules, and so on. The most the best solution will, without delaying time, quickly bring proof of your pregnancy to work. Such proof, first of all, is a certificate of pregnancy. A certificate is issued antenatal clinic where you register. This certificate is official document, the HR department is obliged to register it and assign a registration number. For your own peace of mind, it is recommended that you take a copy of this certificate with the number on it, the signature of the manager and the date the certificate was received. This is done in order to ensure that if any unpleasant conflict situations With your bosses, employers were deprived of the opportunity to say that they did not know about your situation at all.

In the forty-first chapter of the Labor Code of the Russian Federation, article 261 provides information about the impossibility of terminating an employer’s contract with a pregnant employee. The only exception is when the organization is liquidated. But even when your workplace liquidated, yours work experience is not interrupted, and you should be awarded monetary compensation.

The same article talks about temporary contracts: if the employment contract expires during the employee’s pregnancy, she needs to write an application for its extension before her maternity leave, and the boss is simply obliged to sign it.

The Criminal Code of the Russian Federation, in Article 145, stipulates liability for employers who illegally fired or did not hire a pregnant woman for a vacant position.

Article 254 of the Labor Code of the Russian Federation reports on the transfer to another job of pregnant women and women with children under the age of 1.5 years. And Article 259 (of the Labor Code) says that pregnant women cannot be sent on business trips, they cannot be involved in any overtime work, they cannot be involved in work at night, or on non-working holidays.

As for the length of the working day, the Labor Code of the Russian Federation does not establish a maximum working day for a pregnant employee.

Right to shortened working hours for pregnant women

If necessary, the employee can provide the employer with a medical report. In it, the doctor, focusing on the employee’s well-being, will write a prohibition on the length of the working day exceeding eight hours. If there is such a medical report, management is obliged to issue an order and take it into account when drawing up the working day schedule for a pregnant employee.

Labor Code and pregnancy

Regulates the relationship between employer and employees. Most of the articles relate to standard working relationships, establishing work and rest hours, working hours, reasons why a subordinate or superior can be fired, etc.

Each section of the Labor Code contains chapters related to special categories employees. These could be:

pregnant workers,
minors,
employees with certain merits or who worked in non-standard conditions, etc.

The Labor Code of Russia requires special treatment to women who fall into the “risk category” and need legal protection.

The law of the Russian Federation gives equal consideration to all applicants for a particular position. The employer's priorities when selecting an employee for a vacant position should be: professional qualities. These are qualifications, education and experience. Thus, refusing to hire a pregnant woman because she is pregnant is illegal. She has equal rights with everyone, and if, as a professional, she turned out to be better than others, the woman should be included in the staff, despite her position.

One more important point is that employees of this category are accepted without assigning a deadline. This is stated in Art. 70 TK:

If an employer hires an employee who is expecting a child and indicates a probationary period in the documents, this paragraph of the order is considered unlawful and therefore should not be executed.

Even in cases where the new employee has expressed her consent to work under the condition of passing probationary period, compliance with this condition is considered illegal.

And HR department employees should know legislative framework and take into account that pregnant women belong to a special category. Any infringement of their rights may lead to legal proceedings.

Pregnancy cannot serve as a reason to refuse a job. Women included in this category are enrolled on a general basis and begin working without a probationary period.

Working conditions for female workers at risk due to pregnancy

Working conditions for pregnant women

As soon as the employee provides the manager medical certificate, confirming that new rules begin to apply in relation to it.

The first thing she must do is transfer her to “light labor,” which is provided for in Article 254 of the Labor Code. If this is not done, the employee has the right to go to court, and the law will be on her side.

A document from a medical institution serves as a reason to reduce production standards for an employee. If the work involves harm to health, the employee must be transferred to another place of work. Regardless of the changes that have occurred, average earnings must be maintained.

After providing a certificate, if there is a need to transfer a pregnant woman to another place, the time of decision-making and the temporary woman do not affect her salary. Average earnings remain the same.

If an employer has difficulties in resolving this issue, he can rely on the “Hygienic Recommendations for the Rational Employment of Pregnant Women” issued in 1993 by the State Committee for Sanitary and Epidemiological Surveillance of the Ministry of Health.

This document is intended for all types of organizations and is the basis for monitoring how the work and leisure of women expecting a child proceeds.

Employees, after providing management with a medical certificate, must be transferred to easier working conditions, while they remain unchanged even in case of downtime.

Permitted and prohibited work

A pregnant employee should not do anything that could harm her health or the health of her unborn child. The first thing is lifting weights and bending over. She should not bend over more than 15º or lift anything above her shoulder girdle. Employees in this category are not allowed to lift objects from the floor.

The manager is obliged to create conditions for the pregnant woman in which she will not be nervous and experience emotional stress.

What kind of work can pregnant employees do?

A pregnant employee should be in a relaxed, free position throughout the working day. It should include changing the posture at will. It is advisable that she is not forced to sit or stand continuously.

If the enterprise provides output, for a pregnant woman it should be reduced by no less than 40%. She should not be sent on a business trip or forced to overtime work. On weekends and holidays, pregnant employees rest. Their shifts should not fall during the night or evening hours.

Special rules apply to vacations for this category.

Vacation

Leave during pregnancy

The basis for pregnancy is always a medical report. In order to exercise her right, a pregnant woman must write an application addressed to the management of the enterprise.

When it comes to the standard state of pregnancy, the applicant has the right to take 70 days before giving birth and another 70 days following the birth.

In some cases, the law provides for a different number of vacation days. So, if a worker wears more than one, she is given not seventy, but 84 days before giving birth. We are always talking not about working days, but about calendar days.

If the birth turns out to be difficult, postpartum leave is also extended and becomes equal to 86 calendar days. If an employee gives birth to more than one child, she is given 110 days of postpartum leave.

If the pregnancy proceeds without deviations from the norm, a certificate of incapacity for work is issued from 30 weeks for one hundred and forty days. In the case where a multiple pregnancy is established, the doctor issues a certificate from the twenty-eighth week to one hundred and eighty days.

If the birth was complicated, the woman receives an additional sixteen days of postpartum. If the birth occurs before the expected due date, the pregnant employee goes on leave for one hundred and fifty-six days. In the case of a stillbirth, a total of eighty-six days.

A pregnant employee's vacation begins on the day indicated on the certificate of incapacity for work. The manager does not make decisions regarding leave, but relies on a document from the medical institution.

Guarantees provided

To go on maternity leave, the employee must write a standard form, in which she indicates:

number of days that will be absent;
date of vacation;
date of return from vacation;
indication of the attached medical examination, etc.

The order issued for vacation also has a standard form. It contains data from medical examination. During the vacation period, a pregnant employee is taken into account in the timesheet. Her last name is marked “P”.

In addition to maternity leave, the employee has the right to basic leave. It is given both after and before 6 months of work and is added to maternity leave or to calendar days of rest due after childbirth.

The Labor Code of the Russian Federation guarantees pregnant women the retention of their positions during the period of absence. The only reason for dismissal may be the liquidation of the enterprise.

If a pregnant woman works urgently employment contract, the employer is obliged to postpone its end until the employee’s right to go on maternity leave.

Must strictly adhere to the points of the Labor Code. If the rights of pregnant employees are violated, the court will be on their side.

Answer

I, while pregnant, worked equally with all other employees and I think that this is correct. If a woman thinks that it is difficult for her to work, then she needs to go on sick leave or maternity leave. I made it to 30 weeks, as expected. It wasn't difficult for me.

Answer

Magazine: Everything for HR
Year: 2011
Author: Burnasheva Zulfiya Nailievna
Topic: Incomplete working hours, Remuneration
Category: Got a problem? Here's the solution

Labor Code of the Russian Federation (extract)

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

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

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

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

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

IT IS FORBIDDEN!

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

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

Our information

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

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

THIS IS USEFUL TO KNOW

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

According to Part 2 of Art. 93 of the Labor Code of the Russian Federation when working on a part-time basis, the employee’s remuneration is made in proportion to the time he worked or depending on the amount of work he performed. At the same time, the legislator does not make exceptions from of this rule neither for pregnant women, nor for any other category of workers.

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

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

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

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

Resume

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

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

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

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

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

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

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

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

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

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

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

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

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

The employer must issue an order

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

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

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

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

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