Working hours of pregnant women. Additional social guarantees for pregnant women

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 is it 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 time.

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 attracted to the listed areas of employment, you can complain to the labor inspectorate and refuse the offered job.

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 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 does the expectant mother need to remember?

A woman may request additional leave before, after, or after 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 employment termination, but it does occur.

They cannot lay off a pregnant woman. 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. Terminate at the employer's request labor Relations will not work.

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 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 all. 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/to 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.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

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The rights of pregnant women at work are often violated by employers. Controversial situations often arise. Therefore, it is useful for any pregnant woman to know her rights and responsibilities. The state carefully protects the rights of pregnant women at work.

For a woman expecting a replenishment, there is special category benefits. All of them are enshrined at the legislative level. If these privileges are violated, pregnant women have the right to file a complaint with the labor inspectorate. The dispute will be resolved, the manager will be obliged to comply with the requirements of the law.

The Labor Code of the Russian Federation establishes what rights a working pregnant woman has:

providing more easy conditions labor;
It is prohibited to place pregnant women on night shifts;
work on weekends and holidays, overtime work and business trips are possible only with the written consent of the pregnant woman;
expectant mothers are entitled to additional breaks;
dismissal and layoffs of women while expecting a child is impossible (except for the complete liquidation of the enterprise);
a woman does not have the right to be called to work after going on maternity leave and subsequent child care;
upon written application, monetary compensation is provided for early registration (up to 12 weeks), as well as payment of other monetary benefits for pregnancy and childbirth;
allowed to leave workplace for regular visits to the doctor managing the pregnancy.

The management of the organization does not have the right to prohibit or interfere with scheduled appointments antenatal clinic, as well as undergoing routine medical examinations by other specialists. Upon presentation of certificates confirming a visit to a doctor, this time is paid in full (according to Article 254 of the Labor Code of the Russian Federation).

If you are dismissed due to the cessation of the organization's activities, you must contact the employment center. A pregnant woman is entitled to monetary compensation, and seniority is not interrupted. When a woman works under a fixed-term employment contract and its terms end during pregnancy, the organization’s management cannot fire the employee. The contract can be extended until you go on maternity leave. When an employee takes the place of a maternity leaver and reports her position before the end of the employment contract, the law obliges the employer to provide her with an appropriate free position and working conditions. If there is no suitable vacant position or a woman in this position does not agree to remain at work, according to the Labor Code, management can fire her.

Job responsibilities

The rights and responsibilities of a pregnant woman at work are stipulated in the Labor Code. The rights that a pregnant employee has have expanded, but no one has removed her work responsibilities. The main responsibility of a woman in this position is considered to be timely notification to the manager about the upcoming maternity leave. This will simplify working relationships: the pregnant woman will be provided with easier working conditions (if necessary) and the employer will have enough time to find a replacement for the main employee. To do this, it is enough to provide the HR department with a copy of the certificate from the antenatal clinic, which is given upon registration.

The personnel officer will register it in the incoming documentation, indicating the number and date of presentation. In this way, the expectant mother will protect herself: in a controversial situation, the organization’s management will not be able to refer to the fact that they were not aware of the woman’s situation. The remaining responsibilities include those that existed before pregnancy: work in accordance with the organization’s charter and labor instructions, do not miss work without a good reason.

Many women take advantage of the fact that pregnant women cannot be fired and do their work poorly. Some do not perform work duties at all. But it’s worth thinking about the future - at the first opportunity after the employee returns from maternity leave, the employer will try to fire her, and you can’t count on positive recommendations. Do not forget about respect for other people's interests, demanding that others respect their labor rights.

Pregnancy and new job

It often happens that a pregnant woman thinks about getting a job. Do they have the right to refuse her in such a situation, are pregnancy and work compatible? The head of an organization does not have the right to refuse to fill a vacant position solely because of pregnancy; this is clearly stated in Art. 64 Labor Code of the Russian Federation. Moreover, expectant mothers in our country are prohibited from having probation, that is, they are immediately employed. But negative practices in this area are currently widespread.

Refusal to hire can only be due to non-core education or lack of a vacant position. In other cases, refusal is illegal. Therefore, if a violation of rights has occurred, it is necessary to ask for written refusal, and then contact the labor inspectorate or court. As a rule, the employer will not directly violate the law and will hire a woman in this position. If the violation is confirmed, the employer will be subject to an administrative penalty, and will also be required to hire a pregnant woman and pay her compensation for moral damages. A pregnant woman may not report her situation during the interview; this will not be grounds for her dismissal in the future. Great importance has a concluded contract: it must be an employment contract, and not a civil law one. Otherwise, a pregnant woman will not be able to take advantage of all the social guarantees provided by the state in accordance with the Labor Code of the Russian Federation.

Often the expectant mother herself asks to be transferred to a new place of work, or the head of the organization demands this. There are no obstacles here, but if an employee does not want to transfer to another workplace, then she has no right to force her to do so. An employer can transfer a pregnant employee without her consent only to easier working conditions. For example, a woman worked at a computer, she may be transferred to a place where there is no work with equipment or the time spent on it is minimized.

Special working conditions

Pregnant women are entitled to special working conditions. The expectant mother can request a transfer to part-time work: the specific time is negotiated individually with the management, but the salary is reduced in proportion to the working time. Working with a computer and other office equipment should not last more than 3 hours in a row. If changing these conditions is impossible, for example, in the office, then the employee is given an additional break for rest.

Legislation also protects women if the workplace is in a draft, in a room with high humidity or in other harmful conditions: a pregnant woman with a doctor’s certificate can request a transfer to another job. If work for pregnant women involves regular lifting of weights, the weight of the load should not exceed 1.25 kg. If lifting heavy objects is part of another activity (i.e. there is a change of work), it is allowed to increase the weight to 2.5 kg. But in any case, it is recommended to ask for a transfer to light work in order to reduce the risk of miscarriage. When providing a doctor's opinion on contraindications for heavy work, the manager must immediately transfer the employee. Wages remain the same. If a pregnant woman has annual paid leave before her maternity leave, the employer must provide it. Even if no one insists on it.

Expectant mothers often wonder whether maternity leave is included in their work experience. 70 days before childbirth and 70 days after childbirth are included in the insurance period. This time is included in the length of service and is taken into account when determining pension payments. This period is paid according to sick leave, the amount of the benefit depends on the salary for the last 2 years.

The right of pregnant women to work under the Labor Code is protected by law, and cases of violation are carefully monitored by established trade unions and the labor inspectorate. Pregnant women need to know their rights, comply with work obligations and not be afraid to contact the above-mentioned authorities in cases of infringement.

May 26, 2017 zakonadmnin

Vulnerability expectant mother V modern society obvious, because the employer does not want to pay such ladies for restrictions in the performance of duties due to health reasons. Evasion of employment and attempts to force people to quit are not uncommon in private companies. Therefore, we suggest that pregnant women study their rights.

The Labor Code contains articles that provide for the period of gestation and childbirth. For women who are pregnant, government agencies and private firms are prohibited from refusing employment.

Article 64 of the Labor Code of the Russian Federation specifies positions regarding the rules for concluding a formal contract with an employer. Please note that the presence of young children is also not a reason to reject an application for the opportunity to work in the company. The main parameters when recruiting personnel are business qualities future employee. In other words, the rights of pregnant women at work labor code refusal to accept a vacant position due to stated reason is not a legal basis.

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

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

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

Labor rights at work

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

Visiting a doctor during business hours

IN private company the employer strikes a pose and unwittingly provokes breakdown a pregnant employee. Every time it is incredibly difficult to ask for time off to see a midwife, to take tests or undergo a commission. Threats of dismissal and penalties are heard. However, this state of affairs is completely unacceptable. A pregnant girl warns in advance about the time and date of leaving/being late for work to visit a doctor and get advice. Neither the HR department nor the director has the right to prohibit such absences.

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

Changes in working conditions

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

Transfer of an employee to “light work.” In other words, there is a decrease in production standards for a specific person (pregnant woman). As a result of such a reshuffle, the rights of pregnant women in light work are fully respected.
Prohibition on a girl lifting weights in a position work time. Allowed Weight Limit at 2.5 kg.
An employer cannot call an expectant mother to work on night shifts, on holidays and on weekends.
The HR department, by appropriate order, guarantees additional breaks during the employee’s work shift.
Dismiss a pregnant woman for any reason early the employer is prohibited, as well as refusing employment. However, there are options for implementing this action prescribed in the Code of the Russian Federation (for example, complete liquidation firms).
A pregnant woman, by agreement with the HR department, has the right to reduce her working hours. This decision is mutual, formalized by the employee’s statement and the corresponding order.
The employer guarantees that the employee will take maternity leave on time. Parental leave is also provided and paid.
The director of the organization in which the pregnant woman works ensures the payment of monetary compensation (birth money) in connection with maternity leave and subsequent childbirth.
The HR department is prohibited from issuing documents for a pregnant girl’s business trip.

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

Despite the fact that working conditions have changed during the period of pregnancy, the employer requires implement a new workplace in accordance with the law. In this situation, management is guided by the requirements of the “Hygienic Recommendations for the Rational Employment of Pregnant Women.” The document was released in 1993 and was developed by the State Committee for Sanitary and Epidemiological Surveillance of the Ministry of Health.

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

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

Must allow changes in body position during work. This means that the chair must be swivel with the possibility of height adjustment. It must be equipped with a reclining backrest and a headrest. The “body” of the chair should include armrests (if they are absent) and a lumbar bolster. All requirements for a working chair for a pregnant girl are specified in GOST 21.889-76 “Man-Machine System”.
To facilitate the sedentary work of the expectant mother, a special recess is provided in the working surface of the table. All corners are rounded and the top coat is matte. If possible, the employer provides the employee with a footrest. This device must also be adjustable in height and angle of inclination.

Information! The organization of a workplace for a pregnant girl includes equipment and hygienic conditions. In other words, the HR department officially sets smaller workloads (not only physical, but also neuro-emotional). This requirement is specified in the resolution of the Chief Sanitary Doctor, issued on April 23, 1999. — R 2.2.755-99.

Work responsibilities during pregnancy

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

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

comply with the statute adopted by the institution;
avoid missing work;
Don't be late for the start of your shift.

Information! An employer has no right to fire a pregnant woman. However, constant failure to meet deadlines and frequent absenteeism lead to guaranteed dismissal after childbirth.

Benefits upon dismissal

IN legislative framework our country It is prohibited to fire a pregnant woman. This is stated in Art. 81 TK. Taking such a step at the initiative of the employer, catching a woman violating the daily routine, finding fault with such an employee about poor performance of tasks, faces a serious fine. This action can only be performed in the following permitted cases:

carrying out the official liquidation of the institution/closing the individual entrepreneur;
the inability to replace the difficult specifics of work with easier conditions;
self-dismissal of a pregnant woman.

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

payment of wages for hours worked;
compensation for vacations that you did not have time to take off;
payment of unemployment benefits;
from the Social Insurance Fund or social protection fund;
The average salary is paid over the course of 2 months.

Hiring a new employee to replace a maternity leaver

It is quite natural that the vacant position must be filled. In this case, the official hiring of a temporary employee during maternity leave is carried out in accordance with the norms of current legislation. Often in such situations, replacement employees are recruited under a fixed-term employment contract. This is stated in Art. Labor Code No. 23.

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

Video on the topic

It is naive to hope that the employer will be happy to have a pregnant employee on staff, who will have to be transferred to light work and provide the required conditions for further work before going on maternity leave. The main thing in this situation is knowledge of the articles of the Labor Code for pregnant women and the ability to defend their rights.

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

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

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

Accept cannot be refused

It is not uncommon for women to find out they are pregnant while looking for work. Let's say you worked as an ordinary salesperson, and then you were offered a place in another store as a deputy director. You quickly quit your job, and then suddenly you find out that you are expecting a child.
If your employer intended to hire you, but upon learning of your pregnancy, refused, know that this is illegal! The reason for refusal may be lack of experience, medical contraindications, inappropriate education, but not " interesting situation» employees. By refusing a job to a job applicant, the employer may be punished in accordance with the Criminal Code of the Russian Federation, compulsory work, or a significant fine. Please note that your boss does not have the right to set a probationary period for you. (Article 70 of the Labor Code of the Russian Federation)

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

Harmful job and harmful boss

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

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

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

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

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

You no longer work for us

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

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

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

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

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

Where to complain

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

To hold the employer accountable and file a claim, prepare: copies of the employment contract, dismissal order, work book, salary certificate.
And remember, although there is no law on the protection of pregnant women in our country as such, women’s rights are regulated by other documents, and their violation is punished with all severity.

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

Provisions that guarantee the work of pregnant women are enshrined in the Labor Code of the Russian Federation. This law provides for a number of rules establishing special working conditions for these categories of employees. Female workers have the right to maternity and child care leave, benefits and social benefits.

Moreover, during the specified period they receive the right to a reduction in total labor time. This means that pregnant women may work shorter hours than all other categories of workers. However, similar rules apply to employees who are under 18 years of age or who have a disability.

Standard working hours for pregnant women

The Labor Code of Russia establishes same time work for all categories of employees. The standard rule sets it at 40 hours per week. Such a time exists for government and budget employees. However, this time may be reduced for a pregnant employee. Specified The abbreviation has some features that should be specified in more detail:

The law does not establish a specific limitation on time reduction for such employees. Therefore, the reduction is determined by the employer in agreement with the employee. This is a general compromise solution that should not infringe on the interests of the employer and employee;
This is an employee's right. Therefore, the employer or organization cannot restrict it. The employer is obliged to provide a reduction in time at the request of the employee;
The employer cannot establish a reduction in time on its own initiative. This is the same restriction as the refusal of an employee to satisfy her application. Reduction is possible only if there is her application and not otherwise;
The only basis for reducing the working hours of a pregnant employee is the very fact of her condition, certified by a doctor’s certificate.

Thus, reducing the length of a working day or shift is an unconditional right of the employee and cannot be limited by the organization.

Working hours for a pregnant woman - Labor Code of the Russian Federation

Working hours for pregnant women are set in the same way as for all other workers. Its reduction is possible only at the request of the employee. It becomes the basis for the employer to limit the length of the working day.

In this case, the period does not matter. It also doesn't matter medical condition her health. Therefore, the law does not link the reduction in the length of the working day to these concepts. The key and only basis is medical fact. Nothing more is required.

Working hours for pregnant women

As stated above, the law does not establish specific restrictions. It fixes only their types:

Reducing the duration of a work shift. At the same time, the work week remains the same;
Decrease working days while maintaining the same shift duration.

The choice of one option or another depends on the employee and the characteristics of her professional functions.

A pregnant woman visiting a doctor during working hours

The question of whether an employer is obliged to allow a pregnant woman to see a doctor during working hours is very relevant, because visits to the doctor and hospital are required regularly. And often it is simply impossible to postpone them.

The law requires employers to allow women to see a doctor or hospital. At the same time, they must provide supporting documents. That is, A visit to a doctor or hospital must be supported by appropriate medical certificates.

Application of a pregnant woman to reduce working hours

Such a statement is mandatory for execution in any organization, regardless of its organizational and legal form. At the same time, you need to understand that a reduction in working hours will inevitably lead to a reduction in wages Therefore, you should use this right with caution.

Practice shows that employers reduce the working day by 1 hour. As a rule, this suits both parties. A woman gets extra time with a slight loss in wages. She has such a right from the moment of medical determination of the state of pregnancy. In order to exercise the right, you must apply to management.