Labor Code on the rights of pregnant women. Rights of pregnant women

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

Pregnancy and working conditions

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

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

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

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

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

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

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

Rights and responsibilities of pregnant women at work

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

The basic rights outlined in the document include the following:

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

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

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

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

These include:

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

Getting a new job

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

If such a situation happens and a woman receives a refusal, she can ask for a written explanation of the refusal, with which she can safely go to court.

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

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

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

Maria Sokolova

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

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

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

And in general, managers, especially men, think only about strict calculations (schedules, plans and possible ways to make a profit).

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

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

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

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

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

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

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

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

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

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

Labor Code on the rights of pregnant women

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

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

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

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

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

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

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

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

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

You will need

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

Instructions

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

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

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

Useful advice

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

Every manager wants to see experienced, hardworking workers on his staff. Therefore, the rights of certain categories of workers are often infringed. These workers most often include pregnant women. To protect yourself from restrictions on your privileges guaranteed by law, please read the information provided.

Rights of pregnant women at work under the Labor Code

Pregnant women are a vulnerable category of workers. Therefore, Russian legislation ensures the safety of their rights and also guarantees them some benefits and privileges. The Labor Code outlines the following provisions regarding this issue:

At the request of the employee, the employer is obliged to reduce the working hours. This will not affect the length of service, but payments will be made depending on the time worked;
When transferring to a safer job, the obligatory condition is the safety of the position and remuneration;
While the employee is in the hospital, her salary is maintained;
Carrying out overtime and hazardous work is prohibited by law;
The employee’s workplace must comply with legal standards;
The provision of annual leave is accompanied by full payment of wages.

What rights does a pregnant woman have at work?

To find out what rights pregnant women have at work, you need to refer to the norms of the Labor Code. According to the law, a girl has the following privileges:

Payment for maternity leave is made without taking into account the length of service;
The place of work will be maintained throughout maternity leave;
When calculating length of service, time spent caring for a child is taken into account;
It is prohibited to cancel an employment agreement with an employee. There are some exceptions;
It is impossible to fire an employee even if she violates the rules of internal labor regulations;
If a woman works under a contract, she has the right to count on its extension until she goes on maternity leave;
An employee undergoing an internship cannot be fired;
The employer is obliged to allow the worker to undergo a medical examination and pay for this time;
Female workers in this position are exempt from overtime work.

The main responsibility of a pregnant woman at work is to promptly notify the employer of her situation. This fact must be confirmed by providing a doctor’s certification.

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

For all pregnant workers, the issue of continuing their work activity is relevant. It often happens that unscrupulous managers seek to get rid of employees in positions of power. However, such a process is contrary to legal norms. The Labor Code of the Russian Federation contains some rules that cover this issue.

An employer does not have the right to fire a pregnant woman on his own initiative. An employee can leave her place of duty only at her own request;
Even if an employee violates the rules of the internal regulations, it is impossible to deprive her of her place of work. In such situations, you can punish her by taking away a bonus or through a reprimand;
The only legal way of dismissal is to cease the operation of the enterprise;
If a woman is employed under a contract, she has the opportunity to extend it, so such a worker cannot be fired. The contract can only be canceled after the birth of the child.
Also, for many representatives of the fairer sex, the relevant question is whether a pregnant woman has the right to fire a pregnant woman from her job?
When reducing the number of employees, the employer has the right to deprive any worker of work. An exceptional case is an employee in a position.

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

By law, a pregnant woman has a significant list of rights and benefits. Also, legal acts address issues of employment for pregnant women. In such a case, there are some rules governing this process:

Refusal to hire a pregnant woman because of her situation is regarded as a violation of her rights;
When hiring, only the professional qualities of the worker must be taken into account;
The employer must justify its negative response in writing, indicating the reasons for such a decision;
When assigned to a new duty station, employees in the position are not subject to a probationary period. The manager is only obliged to conclude an employment agreement with the new colleague.

Violation of rights at work for a pregnant woman

Very often, a pregnant woman, due to her ignorance, is infringed on her rights at work. To avoid deception and injustice at the place of work, it is recommended to familiarize yourself with the provisions of labor legislation regarding the rights of girls at work.
If you encounter a similar problem, you should act according to the presented algorithm:

It is necessary to consider legislative norms on the rights of pregnant women and familiarize the manager with them;
If the employer refuses to follow them, try to solve the problem by drawing up an application addressed to the administration of the enterprise. An important condition is reference to the provisions of the law and designation of your requirements;
If this method does not have the desired effect, it is recommended to submit a written appeal to the appropriate authorities. It is important to supplement the complaint with a doctor’s opinion;
The final option in protecting your rights will be a lawsuit. In this case, the deadline for submitting the application should be taken into account. It should not exceed three months.

Any woman can face abuse of rights by an employer. At the same time, we should not forget that the law is on the side of the employee and she has the opportunity to protect her privileges.

A woman who has decided to have a child often faces a dilemma. It is very difficult for many people to decide what their priority is career or personal life. Having realized that she is pregnant, the expectant mother begins to look for answers to questions: what to do with work, when to take maternity leave, how the bosses will react in case of frequent sick leave, and what if they offer to resign, and so on. Pregnancy and work are completely compatible, and every woman should understand this.

Expectant mother and her work

Do you have good news, are you pregnant? Don't make hasty decisions, calm down and think everything through. Initially, visit a gynecologist and consult about your current condition. If there is a risk of complications, it may well be that you will have to forget about the workplace for a certain period of time.

If you have no health problems, you can safely continue to attend work until maternity leave. Don't be afraid to tell employees about your situation. Hiding this is highly discouraged. As practice shows, many women try to “hide” their pregnancy for as long as possible.

This is done for various reasons. Some people think that they will definitely be fired, others are afraid of being deprived of additional payments and bonuses, others do not tell anything, simply for superstitious reasons. All these fears are unfounded. On the contrary, they deprive a pregnant woman of all possible privileges that come with her position and are rightfully due to her. The employer has no right:

Dismiss this category of employees or lay them off.
Transfer them to easier work and at the same time reduce wages.
Refuse to shift the work schedule (this applies to the beginning and end of the work shift).

You should always be prepared for the fact that management may behave, to put it mildly, “unfairly.” Not paying attention to the laws that protect expectant mothers, bosses are looking for ways to get rid of such a “drawer”.

They offer the woman a chance to switch to a lower rate to save money, send her at “their own expense,” and even ask her to quit. Having noticed such an attitude towards yourself, you should not be afraid or despair. Learn your rights and stand up for them boldly. In case of violation of the law, the employer is liable.

How to report pregnancy?

Before you tell your boss important news, you need to prepare in advance. There is no guarantee that this message will be received favorably. You should not be offended if such a reaction occurs. Set yourself on a positive note, don’t make a scandal, don’t threaten and try to discuss the issue calmly and kindly.

If you plan to stay at your job and then go on maternity leave, it is best to inform management in advance. After all, sooner or later it will need to be done. Don't wait until your “secret” becomes too obvious.

The boss will perceive silence as a deliberate deception and his attitude towards you is unlikely to become positive. From the experience of such cases it is clear that it is better to resolve all issues in a timely manner. It is irresponsible to bring the situation to the point of distrust in oneself, thereby aggravating the situation in the team.

Do not think solely about your own benefit, because the boss must prepare for your departure. And this takes time. Timely awareness will allow you to select a person to take your place in advance.

Restrictions during work

What rules should a pregnant woman follow at work while pregnant?

Avoid excessive physical activity.
Avoid situations that cause nervous stress and depression.
It is contraindicated to stay in one position for a long time (sitting or standing), or to come into contact with toxic and chemical substances in your activities.
It is necessary to take breaks during the work shift to rest.
It is recommended to work no more than forty hours a week, and only during the daytime.

The office workplace should not be located near heaters, fans, in a draft, near an air conditioner, or near printers, photocopiers and other equipment.

Documents for registration of maternity leave

Women who have an official employment contract do not need to worry. All payments are made by the organization where you are employed. The rest of the expectant mothers will have to contact the relevant structures, namely the Department of Labor and Social Protection of the Population (UTSP) according to the registration of place of residence or actual residence.

Once you are convinced of your situation, do not delay contacting the antenatal clinic, where you will be taken under medical supervision. Here they must issue a certificate, which is subsequently submitted to the HR department for registration of leave related to bearing a child and future births. In addition, benefits will be paid based on this document. When calculating it, average earnings for 180 days of previous work are taken into account. This includes bonus payments, travel allowances, additional payments and vacation pay.

When deciding to be reinstated at work, even if sick leave has been issued, maternity leave money is not paid. The law does not provide for parallel financing of salaries and benefits.

Persons engaged in entrepreneurial activities are paid by decree by the social insurance fund. Students and the unemployed apply for payments to the Social Security Administration.

Rights of working mothers

Basically, all women, being pregnant, are quite confident that they can cope with the volume of official duties. But in reality, they don’t always succeed. If you understand that you cannot cope, do not hush up this fact. Talk to management about the possibility of reducing your workload and eliminating the most difficult responsibilities. You can ask for help if you don't have time to do something. Surely the management will not object.

The health of the mother and the unborn baby should come first. And overworking during the period of bearing a child is extremely dangerous. Therefore, even if there is a slight deterioration in the condition, fatigue or the appearance of questionable symptoms, the best thing that can be done is to suspend work activities for a while.

A pregnant woman who is employed can:

Stay on sick leave for an unlimited number of days.
Demand that management reduce production standards or transfer to a site with lower loads (without changes in wages).
Raise the issue of reducing the working day.
Do not work at night, beyond established standards, on weekends and holidays.
Avoid business trips.

The job is retained for the entire period of stay on postpartum sick leave and parental leave. An employer does not have the right, without consent, to lay off or dismiss a pregnant woman. If an enterprise is liquidated or declared bankrupt, management has the right to dismiss such an employee, and her subsequent employment is mandatory.

Working in a sitting position

If your job requires constant sitting, then it will be useful to know some rules:

You need to sit on a comfortable chair, with armrests and a backrest.
The height of the chair is adjusted so that the feet rest completely on the floor, and the bent legs create a right angle.
It is necessary to take breaks from work every 45 minutes and get up from your workplace to walk and do exercises.
When you sit, you should not cross your legs. In this position, blood circulation in the pelvis is disrupted.

During pregnancy, the load on the spine increases significantly as the uterus grows. Incorrect posture when sitting on a chair aggravates the load and also leads to pathological processes in the pelvic organs. Prolonged sitting, in the absence of breaks, contributes to the development of hemorrhoids.

Pregnancy and computer technology

Many expectant mothers are concerned about the safety of working at the computer while pregnant. If work requires the use of a computer, will this harm the baby? After all, performing official functions, you can spend the whole day in front of the monitor.

For many years, experts have been trying to determine how dangerous a computer is for a woman expecting a child. Repeated studies were carried out, statistical records were kept of pregnant women whose work means constantly being at the computer, and the percentage of pathologies in fetal development and spontaneous abortions was determined. Fortunately, no connection was established between possible miscarriages and computer work.

It is worth noting that technology is improving at incredible speed and these are no longer the same machines that were produced several decades ago. Then, in order to protect yourself, it was necessary to use protective screens from electromagnetic radiation. Despite this, it cannot be said with certainty that prolonged exposure to a computer screen during pregnancy is absolutely safe.

You need to sit in front of the monitor in the correct position, with a straight back and at the optimal permissible eye distance from the monitor. It is important to take breaks from work. Do not forget about such dangers as physical inactivity and visual impairment.

Pregnancy and the labor code

Awareness of the issue “pregnancy and work” helps women in employment situations.

A woman is able to work for the first six months of pregnancy. Very often, the employer refuses to employ this category. Thus, he saves himself from the problems associated with paying maternity pay and vacation pay.
It is important to know that this is illegal unless there are other compelling reasons.
You are required to be admitted to the staff, and without assigning a probationary period.

By clearly knowing your rights, you can easily develop a strategy for behavior in a team. The Labor Code is designed to protect people and their rights to work and rest. Women bearing children are no exception. It cannot be said that absolutely everyone likes these laws. But nevertheless, we are obliged to comply with them. You will need some courage in defending your positions. And remember, the law is on your side.

You can plan maternity leave from the seventh month of pregnancy. The doctor managing your pregnancy will issue a certificate. It will indicate your due date and expected due date. The duration of prenatal leave is 70 days; in the case of multiple pregnancies, it is extended to 84 days. After childbirth, the law requires 70 days of sick leave if the birth took place without complications. If problems arise with delivery, a woman is incapacitated for 86 days, and 110 days if twins are born.

At the end of the period of prenatal and postnatal sick leave, an application is written for leave to care for the baby until he reaches the age of three years. For this entire period, the organization retains your job. Also, the maternity period is counted in the insurance period. You can go back to work without waiting for the end of the three-year break. But, in such a situation, funding for the benefit will be suspended.

Time to rest

For women in an “interesting situation” there are also advantages regarding vacation. Before going on sick leave before giving birth, the employer should not create obstacles and provide the employee with annual and additional leave without taking into account the time worked at the enterprise for the current year.

After all, after sick leave, most often, women go on maternity leave and can no longer take advantage of the opportunity to “take off” the days required by law. This technique is widely practiced in government agencies.

Payments upon birth of children

According to current legislation, both working women and those who are not employed have the right to receive benefits. If a woman expecting a baby has an employment contract at work, then the benefit will be provided at her place of work. The basis for this is a certificate of incapacity for work issued by a medical organization. The amount of payments is one hundred percent of wages. The rest of the fair sex applies for registration assistance from social security services for registration.

To apply for money, you must provide the following documents:

Certificate of approved form from the hospital.
Statement of the established form.
Certificate from place of work, study, service.
Individual tax number, passport, work book.
A document from the employment center (if you are looking for a job and have submitted documents to the employment service for this purpose).