Easy labor for pregnant women. What rights does a pregnant woman have at work?

A woman who decides to have a baby is often faced with a dilemma. For many, it is very difficult to decide what is a priority for their career or personal life. Realizing that she is pregnant, the expectant mother begins to look for answers to the questions: what to do with work, when to take maternity leave, how the authorities will react in case of frequent sick leave, and suddenly they will be offered to quit, and so on. Pregnancy and work are quite compatible, and every woman should understand this.

Mom-to-be and her job

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

In the absence of health problems, you can safely continue to attend work, until the decree. Don't be afraid to tell employees about your situation. It is highly discouraged to hide it. As practice shows, many women try to “hide” their pregnancy as long as possible.

This is done for various reasons. Some think that they will surely be fired, others are afraid of being deprived of additional payments and bonuses, others do not say anything, simply for superstitious reasons. All these fears are unfounded. On the contrary, they deprive a pregnant woman of all sorts of privileges that her position carries and rightfully deserves to her. The employer is not entitled to:

1. To dismiss this category of employees or to lay them off.
2. Transfer them to easier work and at the same time reduce wages.
3. 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 the leadership may behave, to put it mildly, "unfairly." Ignoring the laws that protect expectant mothers, bosses are looking for ways to get rid of such a "burden".

A woman is offered to a woman to switch to a lower rate in order to save money, she is sent at her own expense and even offered to quit. Noticing such an attitude towards yourself, you should not be afraid and despair. Learn your rights and stand up for them boldly. In case of violation of the law, the employer is responsible.

How do I report pregnancy?

Before you give important news to your boss, you need to prepare ahead of time. There is no guarantee that this message will be received positively. Do not be offended in case of such a reaction. Set yourself up on a positive note, do not make a scandal, do not threaten, and try to discuss the issue calmly and kindly.

When planning to stay at work 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. Do not wait until your "secret" becomes too obvious.

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

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

Restrictions during work

What rules should a pregnant woman follow at work during the period of carrying a baby?

• Avoid excessive physical exertion.
• Eliminate situations that cause nervous stress and depression.
• It is contraindicated to be in one position for a long time (sit or stand), to come into contact with toxic and chemical substances in your activity.
• It is imperative to take a break during the work shift.
• Work is shown no more than forty hours a week, and only in the daytime.

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

Documents for registration of a decree

Women who are officially registered under an employment contract need not worry. All payments are made by the organization in which you are listed at work. The rest of expectant mothers will have to apply to the appropriate structures, namely to the Department of Labor and Social Protection of the Population (UTSZN) according to the registration of the place of residence or actual residence.

Having made sure of your position, do not delay contacting the antenatal clinic, where you will be taken for medical supervision. Here they must issue a certificate, which is subsequently submitted to the personnel department for registration of a leave associated with bearing a child and future childbirth. In addition, benefits will be paid on the basis of this document. When calculating it, the average earnings for 180 days of previous work are taken into account. Including bonus payments, travel allowances, surcharges and vacation pay are taken.

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

Persons engaged in entrepreneurial activity are paid by the decree by the social insurance fund. Students and unemployed people apply for payments to the Department of Social Security.

Rights of working mothers

Basically, all women, being pregnant, are quite sure that they can master the volume of official duties. But in reality they do not always succeed. If you realize that you are not coping, do not hide this fact. Talk to management about how you can reduce the workload and eliminate the most difficult responsibilities. You can ask for help if you do not have time to do something. Surely the bosses will not mind.

The health issue of the mother and the unborn baby should come first. And overwork during the period of bearing a child is extremely dangerous. Therefore, even with a slight deterioration in the condition, fatigue or the appearance of questionable symptoms, the best thing to do is to suspend work activities for a while.

A pregnant woman who is employed may:

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

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

Sitting position

If your job requires constant sitting, then it will not be superfluous to know some rules:

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

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

Pregnancy and computer technology

Many expectant mothers are concerned about the safety of working at the computer during the period of carrying a child. If the job requires the use of a computer, will it harm the baby? After all, performing office functions can be spent in front of the monitor all day.

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

It is worth noting that technology is improving at an incredible speed and these are not 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 posture, with your back straight and at the optimum permissible eye distance from the monitor. It is important to take breaks from work. Be aware of the dangers of physical inactivity and blurred vision.

Pregnancy and Labor Code

Awareness of the issue of "pregnancy and work" helps women in the position of employment.

• A woman is able to work for the first six months of pregnancy. Very often the employer refuses this category in admission to work. Thus, he relieves himself of the problems associated with the payment of maternity money and vacation pay.
• It is important to know that this is illegal unless there are other compelling reasons.
• You must be accepted into the state, and without assigning a probationary period.

Knowing clearly about your rights, you can easily develop a strategy for behavior in a team. The Labor Code is designed to protect individuals and their rights to work and rest. Women carrying children are no exception. This is not to say that absolutely everyone likes these laws. But nevertheless, we are obliged to comply with them. It will take a certain amount of courage to defend your positions. And remember - the law is on your side.

You can plan a decree from the seventh month of pregnancy. The doctor in charge of your pregnancy will issue a certificate. It will indicate the term of your position and the expected date of delivery. The duration of prenatal leave is 70 days, in case of multiple pregnancies, it is extended to 84 days. After giving birth, according to the law, 70 days of sick leave are prescribed if the birth took place without complications. If there are problems with delivery, a woman is disabled for 86 days, and 110 if twins are born.

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

Time to rest

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

After all, after sick leave, most often, women go on parental leave and can no longer use the opportunity to “take a day off” the days prescribed by law. This technique is widely practiced in government agencies.

Payments at the birth of children

According to the current legislation, both working women and those who are not employed are entitled to receive benefits. If a woman expecting a baby has an employment contract at work, then the allowance will be provided at the place of her 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 the salary. The rest of the fair sex applies for registration assistance in social security for registration.

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

1. An approved form from the hospital.
2. Application of the established form.
3. Help from the place of work, study, service.
4. Individual tax number, passport, work book.
5. Document from the employment center (if you are looking for a job and for this you have submitted documents to the employment service).

You should apply for the allowance within six months of the end of the leave in connection with pregnancy and childbirth.

Every woman becomes happy when she finds out about pregnancy. But it will take more courage and determination to communicate good news to the employer of the firm where she is employed.

The director may be unhappy for the following reasons:

• He does not want to let an experienced employee go on maternity leave;
• He will incur losses;
• He was used to planning for the future, making schedules and other financial schemes, and the position of a pregnant woman was not part of his plans.

In order for the employer to treat the news of a pregnant woman well, it is better to notify him of it in a timely manner. Negotiations are conducted in person, a medical certificate from a doctor is provided, which proves the fact of pregnancy.

To find out about the rights and obligations of women who are in a position at the time of official employment, you need to familiarize yourself with the laws of the Russian Federation.

In accordance with the adopted provisions of the legislation, the Government of the Russian Federation provides expectant mothers with the necessary conditions to protect their health. Nevertheless, pregnancy does not mean a serious illness, so you still have to work.

Working conditions for pregnant women were approved by the Russian Ministry of Health in 1993. In particular, the rights and prohibitions for pregnant women in the workplace are presented in Articles 259 and 298 of the Labor Code of the Russian Federation and other provisions of the law.

Future pregnant women are prohibited from:

• To be in a noisy office or in a damp production room;
• Work with objects that emit ionizing radiation (for example, printers and old monitors);
• Standing or carrying heavy objects all day
• Work on weekends, holidays and at night.

Another necessary condition for a pregnant woman is the creation of the correct mode of operation in accordance with the Labor Code of the Russian Federation.

A 2014 ruling by the Plenum of the Supreme Court states that pregnant women can work in the following working regimes:

• Part-time day work or shift;
• Variable full-time / part-time work;
• Full-time work with a reduction in the working week.

Benefits for pregnant women from the state

Article 64 of the Labor Code lists employment benefits for pregnant women. According to the law, no one has the right to refuse to provide her with a job, otherwise the employer will be brought to administrative responsibility or criminal prosecution.

The government cares about the health of a pregnant woman and a child, therefore, it is forbidden for expectant mothers to get a job with harmful working conditions.

Changes in the law for pregnant women

The chapter on the granting of maternity leave (article 122 of the Labor Code of the Russian Federation) was amended:

• The circle of persons who are eligible for maternity leave has been expanded. Foreign residents and close relatives are now also eligible for maternity benefits;
• The amount of the allowance was increased, the maximum amount of payments was 755 thousand rubles.

Each region of the Russian Federation calculates the maternity benefit according to the formulas that were adopted in accordance with the laws of the Russian Federation. Therefore, the amount of the cash payment may differ significantly from the maximum allowable amount.

Changes have also been made to the chapter on providing wedding leave. Details

What are the payouts at work?

The maternity allowance is said to be paid to the insured woman. The amount of monetary compensation depends on her average earnings.

Maternity benefits and benefits from the 30th week of pregnancy:

• The one-time amount for expectant mothers who have been registered is 613 rubles;
• Additional regional allowances - about 600 rubles;
• A lump sum at the birth of a child - 16 350 rubles;
• At the birth of the second and subsequent child - a certificate for maternity capital. Its amount is 454,026 rubles;
• Families with many children are provided with benefits and allowances. Additional benefits are paid for the third and subsequent child until the child is three years old.

ZP r. / Qty. k.d

• ZP r. - earnings in the billing period;
• Qty. k.d ... - the number of calendar days in the billing period.

The following periods are not included in the calculation of the amount of the maternity benefit:

• Temporary disability;
• Holiday to care for the child;
• Maternity leave;
• Temporary dismissal with partial or full salary retention.

If a woman works part-time or a week, a similar calculation procedure is provided.

When can you go on maternity leave?

The deadline for filing an application for maternity leave is regulated by Federal Law No. 197 (Labor Code of the Russian Federation). According to the provisions of the law, a woman can go on maternity leave at the 30th week of pregnancy, that is, 70 days before the expected date of birth. The term is determined by the gynecologist after the examination.

However, having determined her well-being, a pregnant woman can go on paid leave both after the period prescribed by law and before it. An application is submitted to the employer about the need to provide leave with the designation of the starting date.

According to article 257 of the Federal Law, the duration of leave after childbirth cannot be increased by the number of days that a pregnant woman did not take advantage of before the birth of the baby.

Can a pregnant woman be fired?

A pregnant woman cannot be fired for all the reasons that are provided for in the law for an ordinary employee. For example, if a department of an organization is liquidated, it must be transferred to another department of the institution. The transfer should not affect the salary. Despite this, many female employees in the position, not understanding the intricacies of the law, obediently sign documents on dismissal.

The probationary law and rules are designed to determine if a newly arrived employee is valuable to the employer. These norms also do not apply to expectant mothers. An employer will not be able to fire a pregnant woman, even if she has not passed the probationary period and does not correspond to the professional or personal qualities of the employee for this position.

Good day, my readers. Everyone remembers the first time they saw two cherished stripes on a pregnancy test? What have you experienced? Excitement, joy, happiness, but also anxiety, isn't it? Now life will change dramatically, and the good news must be communicated to one person. And this is how he will perceive it ...

This is not at all about the future daddy. He will undoubtedly share your emotions and start making plans for the future. But your boss at work, perhaps, will not be happy at all, and will begin to intrigue in order to quickly get rid of the "inconvenient" worker. After all, it will be necessary to pay maternity payments, make all sorts of indulgences, it is easier to fire a pregnant woman and take someone else in her place.

Unfortunately, such cases happen all the time. And we, who know little about the laws, cannot protect ourselves from the tyranny of employers. Enough to endure it, I tell you! The rights of pregnant women at work are clearly spelled out in the Labor Code and we are obliged to know them and not to offend ourselves and the baby.

Accept can not be denied

It is not uncommon for women to find out that they are pregnant when they are looking for a job. Let's say you worked as a regular salesperson, but here you were offered a place in another store already as a deputy director. You quickly quit, and then suddenly you find out that you are expecting a child.
If the employer intended to accept you, and upon learning about the pregnancy, refused, you should know that it is illegal! The reason for the refusal may be a lack of experience, medical contraindications, inadequate education, but not an “interesting position” of the employee. By refusing an applicant for a position in work, the employer may be punished in accordance with the Criminal Code of the Russian Federation, compulsory work, or an impressive fine. Please note that your boss is not entitled to establish a probationary period either. (Article 70 of the Labor Code of the Russian Federation)

It is also legally illegal when, when drawing up documents for employment, an employee is required to sign an agreement that she will not become pregnant in the next few years. You do not have to sign such pieces of paper, because this is a violation of privacy (according to the Constitution of the Russian Federation).

Harmful work and a harmful boss

If you are already working, then the employer must fulfill a number of conditions:
Free a 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 thinks that your activities and carrying a child are incompatible, she will write you a certificate. On its basis, the boss will be obliged to transfer you to a less dangerous position, or significantly reduce the production rates. (Article 254 of the Labor Code of the Russian Federation)

Upon transfer, the salary must remain the same, even if the new vacancy provides for a lower salary in comparison with the previous one. If the employer is not able to find an easier job for a pregnant woman, he will pay the forced “simple” future mother from his own pocket.

What kind of working conditions are considered harmful? In order not to guess, let us turn to the "Hygienic Recommendations for Rational Employment of Pregnant Women" approved by the Ministry of Health of Russia. They were developed back in 1993 and are still in effect in 2017.
So, pregnant women are not recommended:
- to stand or sit for a long time in the workplace
- lift weights
- contact with radiation
- be in too noisy rooms (for example, a factory workshop with loudly operating equipment)
- work with toxic or chemical substances
- breathe in excessively humid or dry air.

The rotational work method for expectant mothers is also prohibited (Article 297 of the Labor Code of the Russian Federation). If the employer asks you to go on a night shift, go on a business trip or just work in excess of the norm, feel free to refuse and refer to the same Labor Code (Art. 96,99,113,259).
Surely, your job is connected with sitting at the computer. Try to reduce "communication" with the monitor to 3 hours a day, or even refuse to contact him. In this case, the sanitary and epidemiological standards are completely on your side (SanPiN 2.2.2 / 2.4.1340-03).

Let the pregnant woman go for a scheduled or extraordinary examination to a doctor at any time of the working day. At the same time, there can be no question of any working off of "lost" time or deductions from wages. (Article 254 of the Labor Code)
At the request of the pregnant, the employer is obliged to shorten the working week or day. For example, you worked on a 6/1 schedule for 10 hours a day. Now, in your situation, such a schedule is simply unacceptable, and every month it will be more and more difficult to withstand such a mode of operation. Go to your boss and state your requirements in writing. Do not be alarmed, the shortened hours and days will not be compensated for by the next vacation or your seniority. (Article 93 of the Labor Code)
Add another 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 prescribed 6 months or not). If a woman decides that she wants to take a vacation before the decree 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 from the current next vacation. (Article 125 of the Labor Code)
Provide 70 calendar days of prenatal leave. Usually the gynecologist calculates when the future woman in labor can already be released from work. At 30 obstetric week (not calendar!), A pregnant woman can temporarily leave the workplace. If the pregnancy is multiple, then you can start resting 2 weeks earlier.
Postnatal leave in the amount of 70 days is also granted with the preservation of the workplace and salary. For this, a sick leave and a statement are required from a woman. Childbirth with complications gives the right to take 84-day leave, and at the birth of 2 or more children - 110-day leave.
After the postpartum period, complete all documents, benefits and government payments that the employee will receive on parental leave (up to 1.5, and then up to 3 years).

You don't work for us anymore

Considering the widespread infringement of the rights of pregnant women, when employers do not want to go to indulgences for employees in a position and are simply fired, 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 the employer has no right to terminate the contract with a pregnant woman. An exception is the complete liquidation of the organization or the woman's own desire to quit.

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

Unfortunately, there are situations when the protection of the rights of pregnant women is the work of the pregnant women themselves, and not the state and its laws. I'm talking about those who have unofficial work. Here employers are extremely reluctant to fulfill their duties in relation to employees, and the salary is not always paid on time, but here you’re fussing with a pregnant woman. To fire is the whole conversation.

In this case, lawyers unanimously say: you can not count on the payment of maternity, and they can expel you with complete impunity, 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 chief will be subject to checks, including representatives of the tax and pension funds.

In general, they will arrange a "sweet life", but in this case nothing is guaranteed to you. It is better to leave the unscrupulous boss and go to register all the benefits from the state. And after the decree, look for an official job.

Where to complain

If you work in a state enterprise, but your rights as a pregnant woman are not respected, then you have every right to apply to the following authorities:
- labor inspection (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 call the employer to account and file a claim, prepare: copies of the employment contract, order of dismissal, work book, salary certificate.
And remember, although the law on the protection of pregnant women in our country does not exist as such, the rights of women are regulated by other documents, and their violation is punished with the utmost severity.

Discrimination against the weaker sex, and so often oppressed when hiring and in other situations, is an unacceptable phenomenon, 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 not be overshadowed by her hard work and malevolent employers.
For further discussion of the topic, I am waiting for you, as always, on the forum. Tell them about your difficulties in the workplace and how they were resolved. We will listen with pleasure. And you will hear me very soon. Let's meet here!

It's no secret that many employers prefer to hire men. The reason they do this is simple: such an employee is unlikely to go on maternity leave. It is he who "scares" many leaders, forcing them to refuse young women. Or force them to resign of their own accord when reporting pregnancy. Let's try to figure out whether the decree is so terrible for the employer, and whether a woman can protect her labor rights in such a situation.

Labor rights and obligations of a pregnant woman

Strictly speaking, any employee, regardless of his marital status, has two main responsibilities: to personally perform the work stipulated by the contract concluded with the employer, and also to obey the internal rules and regulations of his organization or enterprise. For this, he has the right to provide a workplace that meets numerous rules and regulations, the work specified in the contract, as well as to receive wages in full and on time.

At the same time, the legislator establishes a number of special rules for women in general and for pregnant women in particular. They begin to act already from the moment of contacting the future employer regarding hiring:

• Refuse employment... the employer has no right to cite gender or pregnancy status as the reason; this is discrimination, which is expressly prohibited by law. The grounds for refusal can only be business qualities or non-compliance with qualification requirements.
• There are a number of professions in which female labor is prohibited in principle. The list, which was approved by the Government Decree, contains about 500 specialties. They are associated with difficult, harmful or hazardous working conditions, as well as underground work. Pregnant women are not allowed to work at night.
• Also, the law requires the employer to take into account the health status of workers. If there are medical indications for lowering production rates or excluding any adverse effects, then, according to the woman, she should be translated to lighter work .
• If the employer does not yet have the opportunity to transfer to light work, then before it appears, the employer is obliged release a pregnant woman from work, but pay for this time as worked.

A pregnant employee retains the average earnings:

• at the time of mandatory visits to doctors;
• after transferring to light labor.

That is, all the time before going on maternity leave, she will receive the same amount as in the old place. As for medical examinations, their passage must be confirmed by a certificate from the clinic. Otherwise, absence can be regarded as lateness or absenteeism and cause a penalty.

Eligibility for maternity leave

What else are pregnant women entitled to at work? For them, special leave is established related to the birth of a child. The familiar term "decree" actually combines two different leaves: for pregnancy and childbirth and childcare for up to 3 years. Both of them are provided at the request of a woman, but they are issued and paid in different ways. For this time, the employee retains her position. But instead of a salary, she will receive social insurance benefits.

Grounds for maternity leave... in addition to the statement, there will be a certificate of incapacity for work (sick leave). Any parent or even grandparents can take leave to take care of a child. They can use it in full or in parts. During this vacation, the woman can work from home, remotely, or part-time. At the same time, she will receive both an allowance and a salary.

The woman who is entitled to her regular annual leave can be added to the maternity leave. Moreover, both before and after it. For the father, according to his statement, the employer is obliged to arrange the next leave in such a way that it coincides with the wife's pregnancy leave.

Can a pregnant woman be fired from her job?

Labor legislation establishes a direct prohibition on the dismissal of employees on vacation. This fully applies to maternity leave. Also, the law establishes a number of prohibitions for the employer on the dismissal of a woman in a state of pregnancy. This creates the misconception that such an employee cannot be fired in principle. However, it is not.

There are few cases when the dismissal of a pregnant woman is legal, but there are:

• liquidation of the employing organization, that is, a legal entity and individual entrepreneur (clause 1 of part 1 of article 81 of the Labor Code) or a branch of a legal entity (part 4 of article 81 of the Labor Code);
• written agreement of the parties (clause 1 of part 1 of article 77 of the Labor Code);
• a woman's own desire (clause 3 of part 1 of article 77 of the Labor Code);
• termination of a fixed-term employment contract (clause 2, part 1, article 77 of the Labor Code);
• the disagreement of the pregnant employee to work with the new owner (only for the director, his deputies and the chief accountant), in the changed working conditions or move with the employer (respectively, clauses 6, 7 and 9, part 1 of article 77 of the Labor Code).

Protection of the labor rights of a pregnant woman: where to go?

Labor law provides for several options for a pregnant woman worker to protect her labor rights. First of all, this is an appeal to the primary a trade union or a labor dispute committee(KTS) directly at the place of work. The appeal must be in writing, indicating which rights have been violated.

In case of illegal dismissal, you can challenge it in district court... You can also apply to it in other cases, bypassing the CCC and the trade union. The court will need a statement of claim, to which it will be necessary to attach documents that serve as proof of the employer's wrongness.

You can also complain about illegal actions of the employer in the prosecutor's office or the State Labor Inspectorate... The complaint must be in writing and contain both information about the employee who applied, and a description of the violations of labor rights committed by the employer.

Olga Krapivina, lawyer, specially for the site Mirmam.pro

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Home / Articles / Dismissal under the Labor Code of the Russian Federation in 2017

Dismissal under the Labor Code of the Russian Federation in 2017

The grounds for dismissal under the Labor Code of the Russian Federation in 2017 are listed in Art. 77 of the Labor Code of the Russian Federation.
Common grounds for termination of an employment contract between an employee and an employer may be as follows:

• Agreement of the parties. Dismissal on this basis is governed by Art. 78 of the Labor Code of the Russian Federation. On this basis, any employment contract can be canceled. To do this, you need to sign an agreement between the employee and the employer, which will detail all the nuances of dismissal.
• The expiration of the term of the employment contract. Dismissal on this basis is governed by Art. 80 of the Labor Code of the Russian Federation. Having concluded a fixed-term contract with the employer, the employee must be prepared for the fact that the contract will expire and the employer can fire him. This is a sufficient reason to terminate the employment relationship. However, there is an exception - if the term of the employment contract has expired, but none of the parties "remembers" about it, and the employee continues to work, then the terms of the term of the contract lose their legal force and the contract becomes concluded for an indefinite period.
• Employee initiative - Art. 80 of the Labor Code of the Russian Federation. The employee has the right to resign of his own free will. To do this, you need to notify the employer 2 weeks in advance. If the employee is on probation, then for 3 days. It is not necessary to obtain permission from the employer to dismiss on this basis, you just need to properly notify him. It is necessary to be sure that the employer has received the employee's application. It is necessary to write 2 copies of the application and one must be marked with admission. Even if the employer does not agree with the dismissal of the employee, with such a notification, he will not be able to challenge it in court.
• Employer's initiative - Art. 81 of the Labor Code of the Russian Federation. The employer can also take the initiative and fire the employee. There are several reasons for this, including the culpable actions of the employee. Dismissal on the initiative of the employer must be formalized properly - the employee must be notified, familiarized with the orders and orders of the employer. If the employee's wrongful actions led to the dismissal, then an investigation must be carried out in accordance with applicable labor, administrative and civil legislation. Incorrectly executed dismissal of an employee at the initiative of the employer is the basis for challenging the dismissal in court. For example, an employer can cut staff or headcount. At the same time, he must notify the employee 2 months in advance, offer him a vacancy that corresponds to his qualifications and work experience. If the employee refuses, then the employer has the right to fire him, paying him severance pay and compensation.
• Transfer of an employee to another employer, or his election to an elective position. An agreement can be concluded between two employers, according to which the employee can transfer to change the place of work. At the same time, the employment contract for the “old” employer is terminated, and for the “new” one it begins. The transfer initiative can come from both the employee and the employer.
• The employee's refusal to continue his employment relationship if the terms of the contract have been changed in some way. A legal entity may change the owner of the property or a restructuring may occur, which led to some changes in the terms of the employment contract in a unilateral manner that does not violate the law. If the employee refuses to comply with the new terms of the contract, he may be fired.
• Refusal of the employee to move to a new workplace in another locality together with the employer. When moving to another area, the employer must notify employees. Refusal to move is the basis for termination of the employment relationship;
• Circumstances that do not in any way depend on the will of the parties. Such circumstances may be the conscription of an employee to military service, the beginning of studies at a higher or secondary vocational educational institution, his detention in connection with the opening of a criminal case or other reasons that make it impossible to continue the employment relationship;
• Violation of internal regulations or labor discipline. Such violations include absenteeism without a valid reason, appearance at the workplace in a state of alcoholic or drug intoxication, or other violations.

Dismissals for the above reasons must be justified and not fictitious. If the grounds for dismissal are the guilty actions of the employee, then they must be proven and supported by documents.
A properly executed dismissal under the Labor Code of the Russian Federation 2017 is an obstacle to challenging it in court.

Rights of pregnant women at work - rights and obligations of a pregnant woman at work

The policy of our state has recently been aimed at stimulating the natural growth of the population. In this regard, new social programs are being systematically introduced to encourage the birth of children in Russian families.

Also, many benefits and provisions are included in the labor legislation of Russia, which relate to the benefits of working women who are expecting the birth of a baby. It is these privileges that will be discussed below.

Rights of a pregnant woman at work under the Labor Code 2017

In 2017, the Labor Code of the Russian Federation defines a number of benefits for the expectant mother at work, including:

• transfer to lighter working conditions;
• not allowing to lift weights over 2.5 kg, in some cases - 1, 25 kg;
• the prohibition to involve in the night shift, as well as to work on weekends and "red" days of the calendar;
• ensuring the necessary additional breaks in the shift;
• the prohibition to dismiss and lay off a woman in position (the only exception is the complete liquidation of the enterprise);
• timely release on maternity leave and child care;
• the possibility of obtaining monetary compensation for pregnancy and childbirth from production.

Responsibilities of a pregnant woman at work

In addition to privileges, future women in labor also have their own duties, according to the labor law, from which no one has exempted them, including:

• timely notification of the management about the upcoming decree (for this it is necessary to provide the relevant document from the antenatal clinic to the personnel department);
• compliance with the rules and regulations of the organization (company);
• not admitting absenteeism without a good reason;
• evasion of their direct labor duties.

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

Many ladies in a position are interested in the question, do they have the right to refuse a pregnant woman to hire? No, according to article 64 of the labor law (you can download the law at the link above), the employer has no right not to accept an employee for a vacant position if she is in a position.

If, nevertheless, this happened, the woman has the right to demand a written justification for the refusal, after which she can go to court. Most likely, the manager who violated the law will not only be punished with an administrative penalty, but will also be obliged to accept the applicant for a job, compensating her for moral damage.

Does a pregnant woman have the right to leave work to see a doctor?

A woman who will soon have a baby can leave her shift for an appointment with her doctor, for regular consultations. The management of the company has no right to hinder a visit to the doctor.

Moreover, according to article No. 254 of the Labor Code (you can download the code above), the days of scheduled dispensary examination are paid in full. As proof of the date of the visit to the doctor, the expectant mother must bring the head of the appropriate certificate from the clinic.

Do they have the right to transfer a pregnant woman to another place of work

Can management transfer a woman who is expecting a baby to another place in the workplace?

Yes, this is possible only in two cases:

1. with the consent of the employee herself;
2. if the translation is carried out for easy labor.

If, for example, a lady in a position was involved in work involving lifting weights, then now she should be transferred to such work where she would not lift a weight over 2.5 kg, and in some moments - no more than 1.25 kg ...

In the event that an employee spends more than 3 hours at the computer per shift, she should be provided with additional time for rest.

Does a pregnant woman have the right to be fired from her job?

Do they have the right to lay off a pregnant woman from work? The management of the enterprise where the expectant mother works does not have this opportunity. A woman in a position has no right either to be fired from her place of work, or to be laid off. This law is enshrined in Article 64 of the Labor Code (the law can be downloaded above) of Russia.

The only exception is the situation when an enterprise (organization) completely ceases to exist as a legal entity, which occurs during its liquidation. But in this case, the employee in the position must be compensated and provided with severance pay.

Violation of rights at work of a pregnant woman

Any infringement of the rights of pregnant women at work can end very badly for the employer, up to and including criminal liability.

For example, in case of violation of article No. 64, part 2 of the Labor Code of the Russian Federation (refusal of a pregnant woman to find a job), it can lead to a substantial fine or correctional labor.

Protecting the rights of pregnant women at work

To protect the interests of pregnant women at work, the Labor Code of the Russian Federation (articles numbered 254, 255, 259, 261 and others) categorically prohibits the dismissal of expectant mothers, and also defines a number of their privileges, which were mentioned above.

Guarantees and benefits for pregnant employees

The Plenum of the Supreme Court of the Russian Federation, in its 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 explanations of the Plenum of the Supreme Court of the Russian Federation will ensure the unity of the application of labor legislation by the 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 issued a dismissal in a situation where termination of the contract with pregnant women is prohibited by law, then the subsequent request from the employee to reinstate at work must be satisfied
Grounds: 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 termination of which occurred during the employee's pregnancy, generally needs to be extended until the end of the pregnancy. In this case, in the event of a child's birth, it is indicated that the dismissal is not necessary within a week after the child's birthday, but on the last day of maternity leave.
Grounds: Clause 27 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of January 28, 2014 No. 1

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

If a test was established for such employees, then the termination of the employment contract with them based on the test results is unlawful.
Grounds: 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 forbidden:
- refuse to hire a woman for reasons related to her pregnancy (part 3 of article 64 of the Labor Code of the Russian Federation);
- to establish a probationary period for hiring pregnant women (Article 70 of the Labor Code of the Russian Federation).

Labor Relations

So, the employment contract with the employee has been concluded. Consider what guarantees and benefits are offered to pregnant employees within the framework of labor relations.

Part-time work

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

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

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

• combination of part-time modes. Labor law allows for the combination of part-time work with 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 the number of working days per week is reduced.

Pregnant women can apply to the employer with a request to establish a part-time (shift) or part-time work week both upon hiring and afterwards. 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 set both for an unlimited period and 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 the involvement of them:

• 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

For pregnant employees, according to a medical opinion and upon their application, production rates, service rates must be reduced, or they must be transferred to another job that excludes the impact of adverse production factors (part 1 of article 254 of the Labor Code of the Russian Federation).

Guaranteed preservation of average earnings

The Labor Code establishes several cases in which the average earnings are retained for a pregnant employee:

• the period during which a pregnant woman does lighter work. This time is paid based on the employee's average earnings from her previous job (part 1 of article 254 and article 139 of the Labor Code of the Russian Federation);

• the period during which the employee is released from work due to her harmful effects until she is provided with suitable work. The working days missed as a result are paid based on the average earnings from the previous job (part 2 of article 254 of the Labor Code of the Russian Federation);

• the period of her passing a compulsory dispensary examination in a medical institution (part 3 of article 254 of the Labor Code of the Russian Federation).

Note. Do I need to confirm the passage of the dispensary examination? The Labor Code does not impose on a woman the obligation to submit to the employer any documents confirming the passage of a dispensary examination. Nevertheless, it is advisable to warn the employee in writing (referring to the norm of part 3 of Art. 254 of the Labor Code of the Russian Federation) about her absence from the workplace for this reason, so that it is not regarded as absenteeism and during this time the average earnings are saved.

Granting 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 allowance. The period a woman is on maternity leave is taken into account when calculating the length of service, which 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 employee has the right to use leave for the first year of work after six months of his continuous work with this employer (part 2 of article 122 of the Labor Code of the Russian Federation). At the same time, the Labor Code provides for an exception from the general rule for certain categories of workers. So, regardless of the length of service for a given employer (even before the expiration of six months from the beginning of continuous work in the organization), paid leave at the request of the employee must be provided:

• women before maternity leave or immediately after it, 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 leaving the annual paid leave independently. As a rule, the annual leave turns into maternity leave. In addition, it is forbidden to recall a pregnant employee from the annual basic and additional leaves (part 3 of article 125 of the Labor Code of the Russian Federation) and replace these leaves or parts of them with monetary compensation (part 3 of article 126 of the Labor Code of the Russian Federation);

• 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, the annual paid vacation for this category of persons is provided at a convenient time for them, regardless of the drawn up vacation schedule. The minimum duration of the main annual paid leave is currently 28 calendar days (part 1 of article 115 of the Labor Code of the Russian Federation).

Prohibition of dismissal initiated by the employer

The Labor Code prohibits the dismissal of pregnant women at the initiative of the employer (except in cases of liquidation of an 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 opportunities to end the employment relationship with a pregnant employee. For example, if a pregnant employee works under a fixed-term employment contract.

Dismissal is not allowed if.

during the period of the fixed-term employment contract, the pregnant employee will write an application for the extension of the employment contract until the end of pregnancy and submit the appropriate 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). At the same time, at the request of the employer, the employee must submit a medical certificate confirming pregnancy, but not more often than once every three months. Changes in the term of the employment contract must be fixed in an additional agreement.

Please note: the moment of conclusion of a fixed-term employment contract (before or after pregnancy) does not matter for the extension of the term 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 the expiration of its validity within a week from the day when the employer learned or should have learned about the end of the pregnancy.

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

Maternity leave and allowance... During the period of the employment contract, a pregnant employee can take maternity leave. In this case, the corresponding allowance must be paid 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 performance 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 of article 77 of the Labor Code of the Russian Federation);

• the organization does not have work that a pregnant employee can do, or she refused the proposed work options (clause 8, part 1 of 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 of the 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 the health requirements;

• vacancies and jobs available to the employer in the area. Jobs and jobs located in another locality should be offered where required by collective bargaining agreements, agreements or employment contracts.

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

The article is current as of 05.02.2016

Pregnancy rights at work, what an expectant mother should know? The law is on your side, we defend our rights and defend benefits before the employer!

Every working woman goes on maternity leave sooner or later. The employer partially respects the rights of pregnant women at work or, at all, does not take into account her position. But the legislation of our country provides for many rights and benefits for expectant mothers, but not all pregnant women know about them. Let's see what a pregnant woman can claim.

What rights does a pregnant woman have under the law?

Having found herself in a position for the first time, a woman is obliged to know the privileges that are entitled to her by law. Very often, a “barefoot” pregnant woman is infringed upon and deprived of the privileges stipulated by the Labor Code. In order not to get into such a situation, you need to know the legal side of labor issues.

Do I need to hide my position when applying for a job?

Pregnancy cannot be called a disease. Therefore, the pregnant woman retains the right to "ask" for a job and refuse her employment because of an interesting situation, having made it the reason for the refusal, they have no right. And in the Labor Code of the Russian Federation, criminal punishment is provided for refusing a woman in a position. They can refuse to be hired if the education or its level does not meet the requirements of the workplace.

If the employer is busy and tries to find non-existent reasons, demand a written refusal indicating the arguments why he cannot or does not want to accept you. This document can become decisive if the case goes to court.

There is no probationary period at any enterprise or organization for pregnant women. They must immediately take her to the state. The law does not prohibit a pregnant woman from “concealing” the fact of pregnancy when applying for a job, and the employer has no legal right to prosecute after revealing the “secret”. In this case, moral principles play a role, and if you want to remain in your position after the decree, then it is better not to conceal your position.

Pregnancy rights at work: can expectant mothers be fired?

At the main job, due to pregnancy, they have no right to terminate the employment relationship. Here, "cunning" directors will not be helped by a reason for negligent attitude to work. A pregnant woman who negligently performs her official duties, the maximum that threatens is a reprimand. The expectant mother can be dismissed from her position only in one case - the complete liquidation of the enterprise (the transition from one owner to another or a change in the form of government is not a complete liquidation). The same reasons for dismissal apply to mothers on maternity leave.

In cases where the employee works under an employment contract. and the end of his term falls at the time of pregnancy, according to the law, the authorities must conclude an employment contract with the expectant mother before the birth of the child. Only after a successful delivery or under unforeseen circumstances of loss of a fetus (miscarriage) at work have the right to terminate her employment contract.

Working conditions for women in an interesting position at the main place of work: what can change?

The rights of pregnant women to easy labor are protected by the legislative framework. According to the Labor Code of the Russian Federation, a pregnant woman has the right to move to a place with a reduced working time. How many obligatory hours a woman should work in a position is not spelled out, so this issue is resolved with the leadership. With regard to payment, it will be charged only for hours worked.

Also, the labor code stipulates that a pregnant woman is not obliged to work on weekends, holidays, night and overtime hours. There are no obligatory (under the guidance of their superiors) business trips for them.

As an exception, when working conditions are contraindicated for a pregnant woman, and this is confirmed by a medical opinion, she must be transferred to lighter working conditions, but at the same time keep her average monthly earnings from her previous position.

Maternity leave. What many don't know?

According to the Labor Code, which applies to all employees, the employee is entitled to annual leave. When going on vacation, the employee must be paid vacation pay. For those who work in the organization for the first year, this right comes after the first half-year worked. As for women in an interesting position, they are allowed to go on the prescribed annual leave by adding it to the decree (that is, "taking a walk" before or after decree). How long the woman worked does not matter.

It is forbidden by law to recall an expectant mother early from her annual leave. The concept of "decree" can be divided into two positions, namely:

1) The first is the statutory paid maternity leave. It is provided on the basis of a sick leave document (sick leave), which is issued for a period of 30–32 weeks. With multiple pregnancies, the law allows a woman to take such leave at 28 weeks. It lasts:

• 140 days - subject to normal pregnancy and successful delivery;
• 194 days - if the fetus is not alone or there are complications during childbirth.

All vacation days are paid, vacation pay is accrued at 100% of the average monthly earnings (regardless of length of service). Vacation pay is paid in one amount.

2) Leave to care for a child under 3 years old. It is also divided into:

• care leave up to 1.5 years;
• vacation from 1.5 to 3 years.

The basis for sending a woman on parental leave is the baby's birth certificate. According to the date of birth indicated in it, the employer must provide the mother with an unpaid leave for a period of 3 years. All labor relations remain with the mother, and the employer has no right to dismiss or transfer to another place of work without her knowledge and consent. The only exception is the complete liquidation of the enterprise. Only in this case can the maiden be dismissed, but they must notify about this at least two months in advance.

How to confront the boss with the fact of his position?

Seeing two strips on the test, you should not immediately run to the authorities and declare that you are pregnant. Many bosses, having learned about an employee's pregnancy, look for loopholes in the legislation in order to respect the rights of pregnant women at work to a minimum. But no matter how hard your boss is, remember - the law is on your side.

To avoid conflicts at work and the boss could not unduly infringe on the rights of a pregnant woman, it is necessary:

1. It is advisable to come for a mandatory examination to a gynecologist before 12 weeks. The first ultrasound scan (scheduled for 11-13 weeks) will show if your baby is healthy. In cases where fetal pathology is detected, and the doctor insists on abortion, then it is no longer worth talking about the rights of pregnant women. If everything is in order, then register and take a document that confirms your interesting position.
2. The certificate received in the antenatal clinic, take it to the personnel department. If you have a suspicion that the "news" about your position will not be received with a bang, then first remove a copy of the certificate and let the personnel officer put down on it the date of receipt of the document and the incoming registration number. Very often, such a piece of paper helps a woman to defend her rights.
3. In addition to the certificate, you, if you wish, write a statement in any form. In it, you indicate that you want to enjoy all the rights and benefits that are legally provided for pregnant women. Usually such statements are "in use" when the "die-hard" boss does not want to take into account the position of the employee.

By such actions, you will reinsure yourself against unexpected "surprises" from the leadership.

Excerpts from the Labor Code of the Russian Federation. Get ready for a meeting with the chef!

The Labor Code (Labor Code) was developed back in Soviet times, so the information below will be useful not only to citizens of the Russian Federation, but also to everyone who has citizenship in post-Soviet countries. Since it was this legislative code that formed the basis of the Labor Codes of the countries that were formed after the collapse of the USSR. The only difference may be the number of articles, which will have to be referred to, proving to the authorities that they are right.

The rights of pregnant women at work, what can you claim according to the Labor Code of the Russian Federation?

• Art. 64 - prohibits refusal of employment because of future motherhood;
• Art. 70 - exempts from passing the probationary period;
• Art. 255 - regulates issues of maternity (maternity) leave;
• Art. 258 - if you return to work before the end of maternity leave, then according to this article, up to one and a half years of age, a woman has the right to additional time allocated for feeding him (30 minutes, but every 3 hours);
• Art. 259 - protects from being sent on a business trip (with the exception of the written consent of the expectant mother) and work at night, holidays, overtime;
• Art. 261 - prohibits the dismissal of women in position;
• Art. 298 - excludes hiring with rotational working conditions.

Waiting for the birth of a child is a bright period for every woman, so nothing should darken this time. In order not to violate the rights of pregnant women at work, try to solve all non-standard situations with management in a dialogue way, but do not forget to point out to your superiors the legal component that you already know about. Easy delivery and conflict-free situations at work.

The first and main recommendation of gynecologists to all women carrying a child is the absence of anxiety and rest at the first signs of fatigue. However, the reality is that most women combine pregnancy and work, but not all have the ability or desire to adjust their schedule or responsibilities to the changed conditions. Someone is afraid of the sidelong glances of their bosses and colleagues, some give all their strength to their favorite work, forgetting about sleep and rest, others focus on making money so that after childbirth they can calmly recover and take care of the child.

Stress, unhealthy work, night shifts, getting up early and being in a hurry can definitely harm the health of the mother and unborn child, while working with normal conditions and a schedule that allows you to take a break can help you distract from the anxieties and fears common during pregnancy. How to build a relationship with an employer so that you don't have to choose between pregnancy and work? What rights and responsibilities do expectant mothers have, and what do employers have?

The Labor Code provides for special guarantees for expectant mothers to protect this category of workers, not too beloved by employers. This applies not only to employees, but also to those who are just starting a new job, since pregnancy cannot be a reason for refusing to accept. Such women cannot be assigned a probationary period.

Many employers insure themselves by prescribing a condition about this in an employment contract, however, this clause will be illegal for pregnant women. This also applies when an employee is in a position at the end of the probationary period.

With regard to leave from work, the Labor Code guarantees women the following rights during pregnancy::

1. The next leave can be granted according to the schedule either immediately before the maternity leave or immediately after it. Moreover, it can be taken by those women whose work experience at the enterprise is less than six months, whereas in general, employees can go on vacation only after 6 months of work.
2. It is impossible to recall an employee from vacation even if she agrees to it.
3. It is unacceptable to compensate for unused vacation with money; a pregnant woman must fully implement it.
4. Maternity leave is granted for 140 days (in general), 156 (for), 160 (for living in a radioactive territory) or 184 (for) days. It begins 70 days (in general), 90 (for those living in radioactive territory) or 84 (for multiple pregnancies) days before delivery. The length of the leave does not depend on seniority, position, salary or other similar factors. During pregnancy, it is paid after the provision of a sick leave according to federal laws based on the average daily earnings at work, and the source of funds is the FSS, and not the employer. If a woman decides to work at 8-9 months of pregnancy, she receives a salary, but not an allowance - it is calculated only after going on vacation.

Working conditions

The Labor Code provides for the possibility of softening the requirements for results and work schedule when an employee confirms pregnancy, this includes a decrease in production rates or transfer to another job while maintaining average earnings. If such a transfer took some time, for this period the woman is released from work with the preservation of the average wage. The basis is a medical certificate or a statement by the employee herself.

Another common cause for concern is safety. As for the specific influence of technology, scientists do not have an unambiguous opinion about the effect of radiation and electromagnetic fields, but various eye diseases due to constant stress are a very real problem. According to the law - SanPiN of 2003, the time of working at the computer during pregnancy is limited to 3 hours per shift, however, few people know about this.

Features of work during pregnancy

During pregnancy, laws provide for getting rid of a heavy work schedule.

Such employees should not be involved:

• at night time;
• overtime;
• on a rotational basis;
• on holidays and weekends;
• on business trips.

No pregnancy is complete without regular visits to antenatal clinics and other medical examinations. The employer is obliged to let the employee go to visit doctors and take tests, and the average earnings for this period are preserved.

If everything is clear with physical exertion and harmful working conditions, is it possible to perform sedentary work during pregnancy? Taking into account the changes in the body, this can be fraught with stagnation of blood in the small pelvis and an increase in the load on the intervertebral discs. These consequences of sedentary work during pregnancy can be avoided by choosing the right chair, taking 15-20 minute breaks every hour, and forgetting about the leg-to-leg position.

At the request of the employee, she should be assigned a part-time or part-time schedule. Under normal conditions, such a regime is established by agreement of the parties, but in the case of a pregnant woman, her unilateral demand is sufficient.

When do I need to bring a pregnancy certificate?

Proof of pregnancy for the employer is a certificate from the antenatal clinic. This document is received only if necessary. If the employee does not have, for example, overtime, night shifts, harmful conditions, and the employer lets her go for medical examinations without any problems and does not plan to fire her, then you can do without a certificate.

On the other hand, for transfer to other conditions or work regime, as well as in case of disputable situations, it is necessary as early as possible. At work, a pregnancy certificate must be registered immediately after receiving it.

Pregnancy changes a woman's attitude towards herself and work. Not everyone can withstand the same pace of life, the body is rebuilding, which leads to drowsiness, memory problems and poor health, and physical work during pregnancy becomes especially difficult. On the other hand, pregnancy is not a disease, and the expectant mother may well continue to live as she used to, but with some nuances.

Remember, your main task is to endure the child, and stress, overwork, lack of sleep carry complications for the health of the mother and the fetus. Do not overexert yourself - physically or mentally. Feel free to rest, have a snack, get out for the air. Ask for shorter working hours or other working conditions if necessary. This can be problematic, for example, when working in a kindergarten during pregnancy, you can only be offered a shorter shift with all responsibilities retained, however, if necessary, you can ask the gynecologist to send you to sick leave.

Pregnancy in itself is not a contraindication to work, but in some cases the gynecologist may insist on the need for inpatient or outpatient treatment. , like bloody discharge, pain, lack of movement - this is a reason to quit all work affairs, no matter how important they are.

When to say at work about pregnancy, every woman decides for herself, taking into account all the pros and cons. If you do not want attention from colleagues, are afraid of problems or work involves preserving your appearance, for the first 3-4 months you can hide your condition with clothes, however, then it will be difficult to do this.

If you are reporting your pregnancy in the first few weeks, try to maintain a balance between the changed capabilities of your body and professional requirements. Simply put, if, under the pretext of pregnancy, you shift all your work to colleagues in the office, you are unlikely to maintain good relations with them, and your reunion with the team after maternity leave will be greatly complicated.

Employers are usually reluctant to hire pregnant women. For this reason, they have no right to refuse a position, but the motivation may be different. If you are applying for a new job, it is better to hide the pregnancy, instead, try to prove yourself as a competent specialist and responsible employee - this will help maintain relations with the employer and give you the opportunity to safely return to this position after maternity leave.

Dismissal and layoffs

Many people know that a pregnant woman cannot be fired or laid off. Even if the employer did not know about the employee's condition at the time of the decision, she can easily recover through the court. However, this statement is valid only when an open-ended employment contract is concluded with her.

Situations when a woman can still lose her job:

1. Liquidation of the organization or termination of the activities of the individual entrepreneur.
2. Fixed-term employment contract. If it is concluded during the absence of another employee, the employer is obliged to offer other vacancies that are suitable for working conditions. If translation is impossible, the woman will be fired. If a fixed-term employment contract is not "tied" to the return of another employee to work, then it is extended until the end of pregnancy or maternity leave, and the employee must provide confirmation of her condition (a certificate from a gynecologist) at the request of the employer.

Returning to work after childbirth

In the application for maternity leave or childcare leave, the length of the period of absence of a woman from work is indicated, and after its end she has the right to go to work for the same position. A woman can interrupt her vacation and leave early by writing an application to the employer. She maintains the amount paid and is entitled to a reduced day.

Most often, the main problems are two - the presence of a small child and the need to get used to work again. For young mothers, the laws provide for some concessions - shorter working hours, vacations, sick leaves, but the restoration of professional qualifications and adaptation will have to take time and effort.

It's no secret that not everyone observes the laws. If you come across an unscrupulous employer, do not conflict and calm down. Your task during pregnancy is to keep your nerves and strength, and the labor inspectorate, the court, the prosecutor's office or, in some cases, a higher organization will deal with the violation at work. In most conflict cases, the law is on the side of pregnant women.

Useful video about working during pregnancy and going on maternity leave

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