Working hours for pregnant women are labor. Procedure for reducing working hours for pregnant employees

Pregnancy is a wonderful time. But this is not only joy. For a woman, this period is not only responsible, but also very difficult. The body is completely changing, constantly transforming. Often, pregnancy seriously affects a girl’s performance. If she is employed, then this situation will also affect the quality of work. Therefore, in Russia light work is provided for a pregnant woman. This measure is prescribed in the country's Labor Code. But light work is far from the only opportunity given to pregnant women in terms of working activities. What rights does a woman have during such a crucial period? What does the Labor Code of the Russian Federation regulate?

Articles of the law

For girls who have received the status of pregnant women, there are special rules and labor standards. They are established at the legislative level. Of course, we are talking about studying the Labor Code. But what specific articles of legislation should one turn to in order to understand all the peculiarities of the work of pregnant employees?

There are only a few labor standards. This is Art. 93 of the Labor Code of the Russian Federation, as well as Article 254 of this country code. They indicate the basic rules and regulations that an employer must comply with if he employs a pregnant girl.

Production standards

To begin with, you should pay attention to the fact that pregnant women are people whose health is being undermined. The performance of such an employee will most likely decrease. And overexertion is fraught with negative consequences for the fetus. In Russia, established laws are designed to protect citizens. Especially pregnant women.

Therefore, the first rule that is provided for is that all employees who have received the status in question must work with changes in production standards. They should be reduced. To what extent? It all depends on the woman’s health condition. Often, medical workers give girls certificates with recommendations on this matter.

Unfavorable factors

The features don't end there. The point is that light labor for a pregnant woman is necessarily provided by the employer. If we are talking about a vacancy that involves working in an unfavorable environment for subordinates, you will have to worry about eliminating these factors. That is, when a woman in an interesting position works, say, in a hazardous industry, the employer must find her a more suitable vacancy.

That is, the employee is transferred to light work. And this process is not necessarily accompanied by a decrease in load - you can change the nature of the work. Quite a common practice in Russia.

And earnings

The two points above have one huge feature. And both pregnant women and employers should know about it. After all, violation of the Labor Code of the Russian Federation is not permissible. A woman whose rights have been violated can complain against her employer. To prevent this from happening, you will have to take into account all established standards for the assignment of light labor.

It's about making money. Typically, a lighter workload means lower pay. But not in the case of pregnant women. According to the established rules, the salaries of such people cannot be reduced. Light work for a pregnant woman takes place, but at the same time the average earnings must be maintained.

In fact, being in an interesting position, a woman will work less and receive the same amount as she earned on average before. If the employer violates the established rule, you can complain against him. You must refer to Article 254 of the Labor Code. It is here, in the first paragraph, that the average earnings are preserved when a pregnant woman is transferred to light work.

If there is no work

Little is known about the following feature. And not every employer will agree to comply with the proposed standards. The previously mentioned article indicates that light labor for pregnant women is a mandatory measure. An employer does not have the right to refuse a girl in an interesting position to provide a vacancy and work that eliminates the occurrence of unfavorable production factors. These are not all the important aspects of transferring a pregnant woman to light work. Payment for such work should not be reduced (only in some cases). But in this case, Article 254 of the Labor Code of the Russian Federation will no longer be in effect.

What if the company cannot currently offer an easy job to its employee? What does the Labor Code say? In this case, pregnant women are subject to suspension from work. And it is allowed to resume it only when the negative ones are eliminated and the transition to easy work occurs.

The key feature is that under such circumstances it is impossible to cut the salary of a pregnant girl. That is, the employee does not work, but receives the same earnings as when performing her official duties. Funds are allocated from the employer's budget.

So, it is advisable for companies to find easy work for a pregnant woman quickly. Otherwise, on legal grounds, the employee has the right not to perform official duties. And despite this, you receive your salary in full.

Dispensary examination

Sometimes employed girls have to undergo medical examinations in medical institutions. This process is also included in the Labor Code. For pregnant women who undergo a medical examination, the average salary for their position is maintained.

In other words, during a medical examination, no one has the right to fire a pregnant woman, nor to “cut” her salary. This feature must be taken into account without fail. True, we are only talking about mandatory medical examination. Not the most common occurrence, but it does happen.

Already given birth

The Labor Code of the Russian Federation provides for such easy work for pregnant women. Also, Article 254 of this code indicates some features of the work of those who arrived to perform official duties before the born child was less than one and a half years old.

This circumstance can also bring a lot of trouble to the employer. After all, at the request of the new mother, the employee will have to be transferred to another position that involves light labor. At the same time, the average salary for the job duties performed must be maintained. How long can a citizen work at an easy pace? Until the child turns 1.5 years old. Afterwards, the employer transfers the mother to a normal way of working, which does not provide any concessions.

Only upon request

What else do employers and subordinates need to know? The point is that a pregnant woman can be transferred to light work only upon the girl’s personal application. If this document has not been provided to management, you will have to perform job duties on an equal basis with all others. If the employer decides, on his own initiative, to transfer a subordinate to light work, then he has every right to “cut” her earnings. Or do not maintain the average salary for the employee when he is absent from the workplace.

But all this only applies when there is no application for light work. Otherwise, the norms established by the Labor Code will have to be observed. So, until the woman herself decides to reduce her workload, all of the above features will not apply to her. An employee is considered an employee like everyone else.

When to contact

Pregnancy is a very long process. From the 30th week of an interesting situation, the employer must generally give his subordinate so-called maternity leave. Therefore, many are interested in how long light labor takes place.

This point is not specified in the law. In general, as soon as a woman finds out about pregnancy, she has the right to concessions when performing her official duties. The main thing is to provide a doctor's report as confirmation. On average, approximately a month to a month and a half after conceiving a baby, an employee has the opportunity to transfer to light work.

In practice, this phenomenon rarely occurs. Typically, a statement about reducing the workload when performing job duties is written closer to maternity leave. When the body experiences maximum stress. But even before, a woman had the right to light work. The only task is to obtain a medical certificate about pregnancy. Taking into account the fact that in Russia you can “think” about an abortion before the 12th week of an interesting situation, it is recommended that after this period you write an application for light work.

Part-time work

Everything said earlier is the content of just one. Often, all of the above measures are not applied by employees. Instead, Art. 93 Labor Code of the Russian Federation. What does it say?

This article is responsible for part-time work. It is indicated that women in a position have the right to demand the establishment of part-time work or a shift when performing official duties.

Again, the request is considered only after a written request to the employer. They can refuse, but it is better not to do this. After all, employees often begin to ask not for a reduction in working hours, but for a transfer to light work.

How much will they pay

True, part-time work has its advantages for the employer. Average earnings will be maintained with light work. But if an employee asked for an incomplete shift, then her salary should be calculated in proportion to the work performed.

Either payment based on volume or time of work is considered. It all depends on the position held. Thus, a pregnant woman’s earnings may be lower. This is a huge advantage for the employer. Therefore, in practice, this is precisely the form of work that management offers to employees who are in an interesting position.

Impact on labor rights

How does part-time work affect citizens? According to established laws, no way. Transferring a pregnant woman to light work, as well as reducing the work shift according to established standards, should not affect the social package.

That is, vacation and sick leave, as well as all other labor rights remain with the employee in full. If an employer tries to somehow infringe on a subordinate, you can complain against him. This is a direct violation of the legislation established in Russia. There is no need to be afraid - you should be able to defend your rights. Especially when it comes to vulnerable and weak pregnant women.

How does it actually turn out?

True, situations in real life are seriously different from the ideal. The Labor Code also states that it is impossible to dismiss an employee in a position at the initiative of the employer. And such personnel are prohibited from working at night.

But in reality, it turns out that the vast majority of women work full time before maternity leave, without being transferred to light work. And if the employer provides easier conditions for performing job duties, then most likely this will affect earnings - it will become lower.

Unscrupulous employers do this. In addition, sometimes women are simply forced to quit “of their own free will.” Only conscientious companies comply with all legal standards. Light work for a pregnant woman is the right of every pregnant woman. And it is up to the employees themselves to decide whether to implement this opportunity. Without a written statement, it can be assumed that the subordinate did not express a desire to receive light work or to be assigned. Both the employer and the employees themselves should remember this.

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

I am in the early stages of pregnancy, but I am 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 effective way to convey your desire to the employer 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.

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

1. If the employer did not know about the employee’s pregnancy and filed a dismissal in a situation where the law prohibits termination of a contract with pregnant women, then the subsequent request from the employee for reinstatement at work must be satisfied
Reason: Clause 25 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1

2. An employment contract, the end of which occurred during the employee’s pregnancy, generally needs to be extended until the end of the pregnancy. Moreover, in the event of the birth of a child, the need for dismissal is indicated not within a week after the child’s birthday, but on the last day of maternity leave
Reason: Clause 27 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1

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

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

Guarantees when concluding an employment contract

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

Labor relations

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

Part-time work

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

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

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

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

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

Special working conditions for pregnant women

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

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

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

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

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

Transfer to light work

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

Guarantee of maintaining average earnings

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

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

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

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

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

Providing maternity leave

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

Guarantees when granting the next vacation

As a general rule, the right to use vacation for the first year of work arises for an employee after six months of continuous work with a given employer (Part 2 of Article 122 of the Labor Code of the Russian Federation). However, for certain categories of workers, the Labor Code provides an exception to the general rule. Thus, regardless of the length of service with a given employer (even before the expiration of six months from the start of continuous work in the organization), paid leave at the request of the employee must be provided:

women before or immediately after maternity leave or at the end of parental leave (Part 3 of Article 122 and Article 260 of the Labor Code of the Russian Federation). The employee determines the date of going on annual paid leave independently. As a rule, annual leave turns into maternity leave. In addition, it is prohibited to recall a pregnant employee from annual main and additional leave (Part 3 of Article 125 of the Labor Code of the Russian Federation) and to replace these leaves or parts thereof with monetary compensation (Part 3 of Article 126 of the Labor Code of the Russian Federation);

to the husband while his wife is on maternity leave (Part 4 of Article 123 of the Labor Code of the Russian Federation).

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

Prohibition on dismissal at the initiative of the employer

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

Dismissal is not permitted if...

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

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

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

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

Maternity leave and benefits. During the period of validity of the employment contract, a pregnant employee can take maternity leave. In this case, the corresponding benefit must be paid to her in full for all calendar days of maternity leave (Article 255 of the Labor Code of the Russian Federation)

Dismissal is possible if (Part 3 of Article 261 of the Labor Code of the Russian Federation) ...

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

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

What kind of work should an employer offer a woman?

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

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

all available vacancies that meet health requirements;

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

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

Legal advice > Labor law > Shortening working hours during pregnancy: when can you count on it?

Like any other employee of a particular enterprise, a woman expecting a child is protected by the Labor Code. According to this set of current rules, pregnant employees of a company have the right to demand certain special privileges from their management. These include, for example, shortened working hours for expectant mothers.

Dear readers! The article describes typical ways to solve legal problems. Your case is individual.

In what case can a pregnant woman count on reducing her working hours?

Every pregnant woman has the right to have a shorter working day

According to the law, any worker who is “in a position” can rightfully ask her employer to reduce her working hours, regardless of the stage of her pregnancy.

To do this, you just need to provide the employer with a certificate from the antenatal clinic confirming that the applicant will soon become a mother.

No accompanying documents indicating that a reduction in working hours for a particular employee is necessary for certain medical reasons related to pregnancy are not required by law.

It is important to understand that the employer himself does not have the right to transfer a pregnant employee to part-time work without her consent. The initiative in this matter always comes from the employee herself.

This means that if at the moment the priority for an employee who is expecting a child is material gain, she, as before, can perform her work duties forty hours a week.

If a pregnant employee is interested in reducing her working hours, the employer is obliged to provide her with such an opportunity. This rule applies not only to government agencies, but also to private enterprises, including individual entrepreneurs.

On what basis are working hours reduced for pregnant employees?

Both public and private organizations must accommodate pregnant employees

The Labor Code does not stipulate on what basis and by how many hours per week working hours should be reduced for pregnant women. As a rule, this issue is resolved by personal agreement between the employee and her employer, that is, on an individual basis.

Typically, employers offer expectant mothers the following options for reducing working hours:

reducing the duration of daily work shifts (usually by one hour);
shortening the working week with additional days off (usually no more than one per week) and maintaining the duration of the shifts themselves;
“mixed” option, implying both a reduction in daily work shifts and weekly additional days off

When agreeing to one of the above options for reducing working hours, the expectant mother should keep in mind the following:

By law, an employer has the right to reduce a pregnant employee’s salary in proportion to the number of working hours she refused.
A reduction in working hours does not affect the accrual of seniority.
When calculating maternity benefits for an employee, the accounting department takes into account the amount of her salary for the previous 2 calendar years. Therefore, a decrease in income due to a reduction in working hours cannot affect the amount of the benefit due.
When calculating the duration of the required maternity leave for a pregnant employee, the fact that she worked for some time under reduced working hours will not be taken into account.

For some special cases, for example, when it comes to the pregnancy of a minor or an employee with a disability, the Labor Code of the Russian Federation has clear regulations regarding the reduction of working hours.

The performance of work duties by such workers should not take them more than 35 hours a week. However, this restriction is connected, rather, with concern for the often poor health of employees from the “risk category”, and not with the very fact of their pregnancy.

How can I formalize a reduction in working hours for a pregnant woman?

Certificate from LCD - a document that will be required

As mentioned above, in order to prove her right to work in a shortened working week, the expectant mother will only need to visit an antenatal clinic and receive a special certificate confirming the fact of pregnancy.

After this, the employee can, with a clear conscience, begin writing the appropriate application addressed to the head of her organization.

What exactly should be mentioned in this statement?

Be sure to indicate by how many hours, as well as in what mode (shortening the work shift, working week, or both) you want to reduce your working time. Clearly define the time limits (from a week to several months) within which you plan to work reduced hours.

Mention that you have a medical certificate from the antenatal clinic documenting the fact that you are pregnant (it will need to be attached to the application). It is better to prepare this petition in at least two copies. One is given to the manager, the second, with a special note from the personnel service about the acceptance of the document for consideration, will remain in the applicant’s hands.

It should be understood that a pregnant employee does not have the right to begin working on an “updated” schedule until her employer has prepared all the necessary official documents. Among them:

an appendix to the current employment contract with a detailed description of the new work schedule and an indication of the salary established for a specific employee;
a special order on the entry into force of the above changes.

Procedure for reducing working hours for pregnant employees

On this page:

The legislation of the Russian Federation reliably protects the rights of pregnant women. The benefits provided to this category of employees are set out in the Labor Code. One of the benefits is the formation of a special shortened working day. Installed only on the initiative of the employee.

Regulatory framework

Article 254 of the Labor Code of the Russian Federation stipulates that an employee for medical reasons can apply for a reduction in working hours. Pregnancy is one of these indications. The employer has the following obligations to the pregnant woman:

Reducing the duration of a shift at the request of an employee.
Reducing production standards, if they are present in production.
Transfer to a workplace with the most favorable conditions.
Protecting the employee from harmful and dangerous types of production that can negatively affect the woman and the fetus.
If it takes time to find a suitable vacancy for an employee, she is released from dangerous work throughout the entire period, but receives a full salary.

IMPORTANT! Despite the change in the work schedule, the pregnant woman retains her full salary. If an employee needs to undergo examination or treatment in a hospital setting, she retains her original job and salary for the entire period.

Article 93 of the Labor Code of the Russian Federation stipulates the procedure for reducing shifts. It is determined depending on the wishes specified in the employee’s application. The employer can reduce:

shift while maintaining a full week;
shift and week.
week while maintaining the same shift duration.

Similar benefits are provided to the following groups of persons:

People who have adopted children.
Persons with registered guardianship of a child under 14 years of age.
Employees raising a disabled child under 18 years of age.
Persons caring for sick relatives (a medical certificate will be required to receive benefits).

ATTENTION! When working hours are reduced, there is no deduction of vacation pay. The length of service is calculated without changes. Salaries are calculated in the same manner: based on hours worked or the total amount of work performed.

In what cases is the benefit provided?

Any pregnant woman can demand a reduction in working hours, regardless of how far along she is. Benefits can be provided both at early and late stages. Regardless of the period during which the working day is shortened, an appropriate medical report from a gynecologist will be required. An ordinary certificate from the antenatal clinic is enough. There is no need for special documents about the difficult course of pregnancy or poor health.

The requirement to provide benefits is the right, but not the obligation of the employee. If a pregnant woman wants to continue working as usual, it is enough not to submit an application for a reduction in hours to the employer.

IMPORTANT! These rules are relevant for any employing organization: budgetary institutions, individual entrepreneurs, commercial structures.

Peculiarities

The Labor Code of the Russian Federation does not stipulate the number of hours by which the working day should be reduced. This volume is determined individually: depending on the wishes of the employer and the pregnant woman herself. As a rule, the shift is reduced by 1-2 hours. An alternative option is to arrange a weekly additional day off.

If pregnancy is accompanied by some negative factors, the shift is reduced by more hours. In particular, this is relevant in the following cases:

Disability groups 1 and 2 for an employee. The working week should not exceed 35 hours.
if the employee has not reached the age of majority. A similar rule applies.

ATTENTION! Shortening a shift cannot affect the duration of annual leave or maternity leave.

Registration procedure

The following stages of shortening a shift or work week can be distinguished:

A pregnant woman turns to the antenatal clinic to issue a certificate of status.
Contact the company's HR department.
Submitting an application in writing (a medical certificate is attached to the application).
Leaving the resolution on the application.
Preparation of an additional agreement to the employment contract in two copies and its signing by the employer and employee.
Issuing an order regarding changes to the work schedule.

The order also requires a statement of the procedure for changing the calculation of wages.

Application example

The application is not standardized and can be drawn up in free form. However, it must contain all the necessary information. When compiling, you can use the following example as a guide:

To the Director of Orion LLC
Zaitsev V.B.
from the project manager
Sidorova E.I.

I ask you to reduce your work shift by 1-2 hours due to pregnancy on the basis of Article 93 of the Labor Code of the Russian Federation. To confirm pregnancy, I enclose a certificate dated September 8, 2016 with registration number 0667785.

/Sidorova/ Sidorova E.I.

At the end of the application, a signature and date of preparation must be affixed. The exact content of the document depends on the wishes of the employee. For example, it may require a four-day workweek with an additional hour reduction in shifts.

ATTENTION! The document is drawn up in two copies. One of them remains in the personnel department, the other is in the hands of the employee. The second copy bears a mark indicating registration of the application in the appropriate journal. This is necessary to confirm that the paper has been submitted.

Read also: When is the work book stamped?

The application may contain additional requirements. For example, if an employee does not want to reduce her shift until her pregnancy ends, she may request a change in her work schedule for a few months or weeks.

How are shortened shifts paid?

Wages may decrease if working hours are shortened. The order of its reduction depends on the calculation principles:

Based on the number of hours worked.
According to the volume of work performed.

In the first case, the size of the reduction is determined by the number of hours by which the shift was reduced. In the second case, a woman can maintain the same salary level if she fulfills the required quota. However, this norm is also reduced at the request of the pregnant woman.

The benefit has almost no effect on the amount of vacation or maternity pay. However, if a woman worked according to a modified work schedule for a long time, the amount of payments may be slightly reduced.

This is due to the fact that when calculating maternity benefits, the average salary for the last two years is taken into account. During the period of validity of the benefit, it may decrease, which will affect the final result of the calculations.

What to do if the employer refuses to shorten the shift?

The employer does not have the right to refuse to provide the required benefits to a pregnant woman. If he refuses to change the schedule, it makes sense to contact the labor inspectorate. If after checking nothing changes, you should go to court. Such cases are dealt with without payment of fees to the workers. You cannot reduce your shift on your own, as this may be perceived as absenteeism or tardiness, which will give grounds for dismissal.

How to shorten a pregnant woman's working day?

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

I am in the early stages of pregnancy, but I am 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?

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 effective way to convey your desire to the employer 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.

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.

Sample application

Shortened working hours for pregnant women

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.

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 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.

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 Russian Labor Code establishes equal working hours 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. The medical condition of her health also does not matter. 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;
Reducing working days while maintaining the same shift length.

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. The woman receives additional time with a slight loss in wages. She has such a right from the moment the pregnancy status is medically determined. In order to exercise the right, you must apply to management.