Labor Code, pregnancy and work. Fixed-term employment contract. Returning to work after having a baby

Pregnancy is without a doubt an amazing, vibrant and incomparable stage in the life of any woman. But I would be lying if I said that being pregnant is easy. Toxicosis or morning sickness, swelling, dizziness, aching back, lower back, stomach, tone, constant mood changes and hormone surges... No normal man with such symptoms will go to work. And pregnant women not only walk, but also manage to serve clients and draw graphs for annual reports.

Being pregnant is not easy, but it is necessary. Therefore, quickly catch the list of benefits for pregnant women that not only can, but should be provided to you at the antenatal clinic and at your place of work.

Labor benefits

It has been noticed: as soon as a manager finds out that an employee is pregnant, everything human in him dies. Because a pregnant woman is a complete headache. Find a replacement. don’t burden me with work, pay me money, provide me with a place after maternity leave...

And yes, you cannot fire a pregnant woman. Also, a pregnant woman is not allowed (according to labor laws):

• Required to work at night. If the work involves a shift schedule, including a night work schedule, then it can be changed at the request of the pregnant woman. A pregnant woman can work at night only with her own written consent
• Required to stay late at work. The same as in the previous paragraph - only with written consent.
• Ask to come to work while on vacation.
• Use the labor of women in jobs with harmful or dangerous working conditions for her health, as well as with personal computers. At the same time, either the time of such work is reduced, or the woman is transferred to another job while maintaining the same salary.
• Use the labor of a pregnant woman when working a shift.
• Dismiss a pregnant woman unless the enterprise itself is liquidated.

At the same time, a pregnant woman is provided with a number of benefits at work:

• At the request of a pregnant woman, the length of a working day or working week can be reduced by introducing appropriate changes into the contract. Please note that wages will be reduced in proportion to actual production.
• When undergoing medical examination, the pregnant woman’s average earnings are retained in full.
• The right to take paid leave before or immediately after leave in connection with pregnancy and the birth of a baby, without taking into account length of service.
• Late pregnant women (after 32 weeks) are granted maternity leave. It is paid.

By the way, benefits for pregnant women do not end with the Labor Code. According to SANPIN 2.2.0.555-96, the employer must provide working pregnant women with comfortable and safe working conditions:

• Continuous work of a pregnant woman at a computer should not exceed three hours per day;
• the employer must eliminate or reduce the influence of physical, chemical, biological or psychological factors on pregnant women;
• pregnant women should not lift weights above shoulder level;
• it is prohibited to use the labor of pregnant women in direct contact with an infectious or fungal pathogen;
• Women who are expecting a child should not get wet when working (this means clothes and shoes) or work in a draft, etc.

Also, for officially employed women there are a number of benefits and allowances provided upon the birth of a baby:

• payment for early pregnancy monitoring in residential complexes;
• lump sum payment for the birth of a baby;
• one-time payment for pregnancy and childbirth;
• monthly maternity payments when the child reaches one and a half years of age;
• the right to keep a job for the entire time you are on maternity leave.

If a pregnant woman is not employed, this does not mean that she has no rights. Although there are not many of them, unemployed pregnant women still receive some benefits:

• A woman cannot be refused employment because of her “interesting position.” In this case, it is necessary to demand a reasoned written refusal, and then go to court (Article 64 of the Labor Code of the Russian Federation).
• Pregnant female job applicants are exempt from any tests when hiring (Article 70 of the Labor Code of the Russian Federation).
• Dismissed due to the liquidation of an organization or for another reason, a woman in a position can join the labor exchange and receive unemployment benefits. If a number of conditions are met, she will be paid maternity benefits here.
• In some regions of the Federation, women are entitled to regional payments related to the birth of a child (check with the Social Security Service at your place of residence).

Benefits for medical care for pregnant women

I have met many pregnant friends who have only heard about the rights and benefits of pregnant women. Unfortunately, both medical institutions and employers deliberately keep silent about the fact that pregnant women have any benefits.

But the fact remains a fact. In the clinic. in which a woman is registered, she can receive:

• preferential medications in accordance with the list of the Government of the Russian Federation;
• free sanatorium vouchers for women expecting a child and having appropriate medical conditions;
• free training in childbirth preparation programs.

Also in many regions in 2015 there are regional benefits for pregnant women. In Moscow, women in labor, regardless of employment, receive city benefits and payments in connection with the birth of a child. In St. Petersburg, pregnant and lactating women are provided with free food at standards ranging from 1.5 to 0.75 kg. per month.

And remember, if your rights are violated, you always have the right to file a complaint. Do not tolerate rudeness and may your pregnancy be wonderful!

In accordance with the Federal Law of November 21, 2011 N 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation” and the Federal Law of November 29, 2010 N 326-FZ “On compulsory health insurance in the Russian Federation”, Order of the Federal Compulsory Medical Insurance Fund dated December 1, 2010 N 230 “On approval of the Procedure for organizing and monitoring the volume, timing, quality and conditions of providing medical care under compulsory health insurance”, Federal Law No. 81-FZ “On state benefits for citizens with children”

Rights of a pregnant woman:

1. Decide independently where to get a compulsory health insurance policy;
2. Choose any residential complex, regardless of your place of registration. You can go not only to a district medical institution, but also to a departmental hospital and even to a private clinic, which is included in the compulsory health insurance system;
3. Change the doctor at any time if the doctor managing the pregnancy is not satisfactory for any reason;
You can change one obstetrician for another in the same consultation, or the consultation as a whole, only once during pregnancy. The exception is when a pregnant woman moves to a new place of residence;
4. Refuse to take any medications and hospitalization, both in a hospital and for a day stay;
5. Do not take paid tests. In the case of a referral for such, it is necessary to contact the medical insurance organization in which the pregnant woman is insured to organize and conduct an examination of the quality of the medical care provided to establish (confirm) the validity (indication) of this referral for paid tests. It is necessary to attach to your written application the issued referral from a gynecologist and proof of payment for the recommended tests;
6. Visit the antenatal clinic as many times as you consider necessary or not visit the LC without explaining the reasons;
7. Receive a one-time benefit if registration with medical organizations was made in the early stages of pregnancy. To receive this benefit, a woman must obtain a free-form certificate from the antenatal clinic confirming registration in the first 12 weeks of pregnancy. From January 1, 2014, the amount of this benefit is set at 515.33 rubles. + regional coefficient;
8. Visit a doctor during working hours, regardless of the employer’s consent or disagreement. The duration of examination and treatment is not limited. In accordance with Art. 261 of the Labor Code of the Russian Federation - “Termination of an employment contract at the initiative of the employer with pregnant women is NOT ALLOWED, except in cases of liquidation of the organization or termination of activities by an individual entrepreneur.” In case of conflict situations with the employer, you must file a complaint with the State Labor Inspectorate and the prosecutor's office at the employer's location (advice: you should not let things get to this point, you still have to return to work in this organization, so it is better to resolve these issues peacefully, by mutual agreement, we can very gently remind you that the labor code allows pregnant women some concessions).

Residential complex employees are obliged to:

1. Provide medical care in a guaranteed volume, without charging a fee in accordance with the program of state guarantees of free medical care, as well as provide paid medical services and other services, including in accordance with a voluntary medical insurance agreement;
2. Register the expectant mother for pregnancy, regardless of place of registration and citizenship;
3. Issue an exchange card upon request, indicating tests passed or failed (if a woman does not have an exchange card or the exchange card does not indicate the results of examinations for syphilis, AIDS, hepatitis, etc., then, depending on the obstetric situation (stage childbirth), the birth is carried out in the observational department of the maternity hospital where the woman applied, or the pregnant woman is sent to a specialized observational maternity hospital);
4. To convey to the woman in labor, in a form accessible to her, the available information about the state of her health, including information about the results of a medical examination, the presence of a disease, the established diagnosis and prognosis for the development of the disease, methods of providing medical care, associated risks, possible types of medical intervention, its consequences and results of medical care.

The expectant mother also has the right:

1. Choose any maternity hospital, regardless of place of registration; a birth certificate allows a woman to fully exercise her right to choose a health care facility;
2. change the doctor at any time if the doctor attending the birth does not suit her (but this is bordering on fantasy, because during childbirth, either the doctor on duty or the one who is free is with us, so take care of this issue in advance and take this responsible process of a doctor who will suit you according to all criteria);
3. Refuse to take any medications or procedures, both for you and for the child (any pills and procedures that are offered to you in the maternity hospital are completely optional if you have clear ideas and knowledge about their uselessness, specifically for you), refuse supplementary feeding of the child;
4. Refuse any additional paid services;
5. Refuse enema or pubic shaving upon admission to the maternity hospital, except in cases where the mother’s exchange card contains a stamp with a diagnosis of “pediculosis” (the razor must be disposable, and its packaging must be broken only in front of your eyes);
6. Bring the child’s father or another family member, taking into account her state of health, to the birth, with the exception of cases of surgical delivery, if the obstetrics facility has appropriate conditions (individual delivery rooms) and the father or other family member does not have infectious diseases. The exercise of this right is carried out without charging a fee to the child’s father or other family member;
7. Refuse vaccinations, as well as any other injections and tests:
8. Bring (or write on the spot) a statement refusing any medical interventions without your written consent (except in emergency cases when a parent or proxy cannot express their will);
9. Refuse from a number of medical procedures: any anesthesia and medicinal intervention in the process of childbirth (any injections), stimulation of labor, artificial opening of the amniotic sac and episiotomy;
10. Immediately after the birth of the baby, the mother demands that the newborn be placed on the breast so that he can suck out the colostrum on his own;
11. Prohibit obstetricians from cutting the umbilical cord too early (before the birth of the placenta or before the end of pulsation), refuse to drop any medications into the child’s eyes, and from washing the child and wiping off lubricant;
12. Leave the maternity hospital at any time against a signature and take the child with you.

Despite the fact that only doctors are obligated, and expectant mothers and women in labor have the right, we would not recommend going to extremes. You should not reject indiscriminately all the recommendations of doctors: you have the right to do this - but then be prepared and bear responsibility for the consequences of your decision. You should also not demand that the doctor replace your mother, your psychotherapist, and your good friend. In order for a doctor to do his job well, he needs peace of mind and confidence that his advice and prescriptions will not go unheeded. And only the joint creativity of the woman herself and her attending physician will help the child be born on time, healthy and happy.

It is difficult to find an employer who is happy to hire a woman in a pregnant position, but expectant mothers also face numerous problems with what they already have. The thought of announcing a pregnancy at work makes you fear for your future career, although stress is the last thing a woman needs right now.

The law tries to protect pregnant women as much as possible from reasons for worry, but its implementation still leaves much to be desired. Employers are not always ready to play by the rules when they find out that their future or current employee is in an interesting position.

From this moment on, the excellent employee in their eyes turns from a competent person into a burden with which they will have to fuss too much. Such an attitude is unacceptable and, according to the law, must entail appropriate punishment.

National legislation prohibits discrimination against women during pregnancy when applying for a job and in every possible way protects their labor rights during this period.

The rights of pregnant women at work under the Labor Code are protected almost better than the rights of other vulnerable groups.

The Criminal Code is also on the side of women. For expectant mothers, there are special rules regarding working conditions and conditions, as well as dismissal procedures. It is better not to joke with labor rights. Liability for violating the rights of a pregnant woman may not be limited to a fine.

The chance of success in court will increase if you managed to obtain a reasoned written confirmation of the refusal, but employers are becoming more cunning and are in no hurry to clearly state the reasons why they are refusing to hire.

“Lack of qualifications” and other difficult to measure concepts in the answer will perfectly help the employer hide his true motives when refusing. Another common reason for refusal is “the place is already taken.”

However, she herself A woman is not legally required to disclose that she is pregnant. If the employer did not know about the interesting situation of his new employee, and is now extremely dissatisfied with the new circumstances that have emerged, he has no way to hold the woman accountable.

But after employment, she should notify the employer as early as possible about her special situation (pregnancy) so that he takes into account the nuances of Russian labor legislation and responsibility for non-compliance.

A certificate from a antenatal clinic or a public clinic is suitable as a supporting document.

The document should be registered with the HR department and confirmation that the certificate was completed properly, i.e. she was assigned the corresponding number. Don't forget to make a copy of the certificate and keep it for yourself.

Special working conditions for expectant mothers

1. It is illegal to set a probationary period for new employees if they are pregnant. Particular attention should be paid to this when concluding an employment contract.
2. Pregnant women have the right to ask for a reduced work schedule or work from home.
3. It is necessary to exclude work in unfavorable conditions from the point of view of the Sanitary and Epidemiological Service: under the influence of ionizing radiation, in high noise pollution or with abnormal air humidity.
4. The weight of things lifted by an employee should not exceed 1.25 kg (constantly) and 2.5 kg (periodically).
5. There should be no need to stand or sit for long periods of time.
6. Work involving regular walking on stairs is excluded.
7. Computer work can be reduced to 3 hours per shift.
8. Upon subsequent presentation of a certificate, women can take paid time off to visit a clinic or undergo a medical examination.
9. It is prohibited to hire pregnant women for rotational work.

The purpose of creating special working conditions for pregnant women is to take care of her health and future offspring, as well as the need to protect her from unnecessary stress that could harm her pregnancy.

Transfer to another job

On the recommendation of a doctor and the employee’s own application, her production standards may be reduced, and she may also be transferred to another job with more favorable working conditions.

In this case, the average salary level at her previous workplace must be maintained. even if the new position involves less earnings.

If it is not immediately possible to provide appropriate working conditions without the impact of negative factors on the pregnant woman, the employee is relieved of her duties while maintaining the average wage until the necessary conditions are available.

If a woman has a child under 1.5 years old and is unable to fulfill her previous duties, then she is supposed to be transferred to a job more suitable to her current capabilities, while maintaining the same salary (in the average version). These conditions persist until the child reaches the age of 1.5 years.

Maternity leave

In most cases, leave before childbirth is 70 days, An exception is cases of pregnancy with twins or triplets, when the leave can be increased to 84 days. After childbirth, leave from work can also be 70 days, with exceptions of 86 for difficult births and 110 for the birth of several babies. If the birth occurs earlier than planned, the days remaining from prenatal leave can be added to the postpartum leave.

Regardless of the length of time worked in the current place, the employee has the right to take annual paid leave before or after the end of maternity leave.

Urgently recalling a pregnant woman from vacation is illegal. This restriction does not even remove the employee’s own consent.

Is it possible to involve a pregnant woman in additional work?

During pregnancy, an employee cannot:

• sent on a business trip;
• involved in work on weekends and non-working holidays, as well as at night (after 22:00) or overtime.

Similar restrictions apply to women with children under 3 years of age. However, in this case, an exception is possible if the employee herself gave consent. The employee must confirm in writing that she was aware that she could refuse these conditions.

Is it possible to fire a pregnant woman?

If you are wondering whether they have the right to fire a pregnant woman from work, then the answer will be clear. No, even if she starts skipping work without good reason or warning, and also violates the company’s internal regulations.

The maximum impact in this case is a reprimand. It is also illegal to lay off an expectant mother.

However, termination of the employment relationship with a pregnant employee is sometimes possible.

Such cases include:

• termination of the activities of the individual entrepreneur,
• liquidation of the enterprise,
• dismissal by agreement of the parties,
• voluntary dismissal.

It is worth admitting that The labor rights of women working under fixed-term contracts are least protected, although even under such conditions there are significant favorable conditions. If a woman worked under a fixed-term contract, it will have to be extended. To do this, she will need to provide a medical certificate about her condition and write a corresponding statement in writing to draw up a new contract.

The contract will be extended until the end of maternity leave. If the employee continues to fulfill her duties, then it will be possible to officially terminate the relationship on a fixed-term contract within a week after the end of the pregnancy.

The employer also has the right to require a monthly certificate from the employee confirming the presence of pregnancy. Visual confirmation, characteristic of late pregnancy, is not enough in this case.

If a pregnant employee was hired to temporarily perform the duties of another employee, then her dismissal is allowed upon expiration of the contract. This possibility exists if there are no options for transfer to another position.

The employer is obliged to offer the expectant mother all suitable vacancies. If the expectant mother is not satisfied with the position presented for transfer, then the management has the right to fire her.

How to protect the labor rights of an expectant mother in 2019?

There were no significant changes in labor guarantees for expectant mothers in 2019. There is no further trend towards reducing or increasing these guarantees. No new ways to protect rights have appeared.

As in most controversial situations related to the labor rights of workers, There are four ways to solve the problem:

1. Asking for help from a trade union, if you have one.
2. Submitting an application to the labor dispute commission.
3. Contacting the labor inspectorate
4. Finding the truth in court. You should contact the district court.

The more documents confirming the violation of your rights you collect, the higher the chances of success in court or government agencies. Even if nothing foreshadows an unpleasant incident at work, try to collect all the necessary and required documents or copies thereof.

There are organizations that help women protect their rights free of charge, but there is no need to rush to file a lawsuit. At the first stage, it is always better to try to resolve the issue peacefully, arguing their position on the basis of existing guarantees enshrined in the law.

Nobody likes to sue and have troubles with government agencies, so there is a high probability that it will be possible to find a compromise at the negotiation stage. In most cases, such negotiations end in dismissal by agreement of the parties, in which the woman is paid good compensation.

Labor Code and pregnancy

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

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

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

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

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

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

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

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

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

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

Working conditions for female workers at risk due to pregnancy

Working conditions for pregnant women

As soon as the employee provides the manager with a medical certificate confirming this, new rules begin to apply to her.

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

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

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

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

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

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

Permitted and prohibited work

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

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

What kind of work can pregnant employees do?

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

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

Special rules apply to vacations for this category.

Vacation

Leave during pregnancy

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

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

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

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

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

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

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

Guarantees provided

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

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

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

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

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

If a pregnant woman works under a fixed-term employment contract, the employer is obliged to postpone the end of the contract until the employee is entitled to go on maternity leave.

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

Answer

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

Answer

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

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

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

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

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

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

Labor rights at work

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

Visiting a doctor during business hours

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

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

Changes in working conditions

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

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

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

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

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

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

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

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

Work responsibilities during pregnancy

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

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

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

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

Benefits upon dismissal

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

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

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

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

Hiring a new employee to replace a maternity maid

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

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

Video on the topic

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