The issue of labor relations is always of interest to both employers and employees. Their relationship is settled in the Russian Federation with the help of the Labor Code, which regulates the rights and obligations of both subordinates and managers. This article will focus on the issue of pregnancy and the probationary period at work.
Future mothers do not always know their benefits and privileges in the workplace. Often a woman in a position is very easy to offend and even cheat.
So what to do if the pregnancy of one of the workers is revealed during the trial period? Let's find out.
What is this period
According to the Labor Code of the Russian Federation, a probationary period is a necessary period of time during which the head of an enterprise looks at his employee in order to find out if he corresponds to his position. Usually, this period lasts no more than six months.
All provisions of the probationary period are regulated by Russian law. For example, the Labor Code allows the employer to dismiss an employee he doesn’t like quite quickly and without delay, without coordinating this decision with the union.
In accordance with the Labor Code of the Russian Federation, the probationary period allows the employee to take a closer look at the position of interest to him, try himself in a new business and try to get comfortable at the workplace. Even if for some reason a person is not suitable for the head of the enterprise, he will still benefit, since during the worked period he will receive not only a salary, but also official experience, work experience and necessary skill.
In this article, we will discuss a situation where a woman goes to work and finds out on a trial period that she is pregnant.
What to do to expectant mother
First of all, such an employee must provide the head with a certificate confirming the "interesting" position. If pregnancy is revealed during the trial period, then the woman should contact the women's consultation at the place of residence as soon as possible and take a document from the gynecologist as evidence of her pregnancy.
Why is this necessary?
Letter of the law
According to Russian law, it is very difficult to dismiss a pregnant woman. This is especially true for the dismissal of a pregnant woman on the initiative of the employer. What you need to know both expectant mothers and their employers?
First of all, the fact that such an employee cannot be fired without her desire, even if she was temporarily employed. Therefore, to the question: can a pregnant woman be dismissed on a trial period without her consent, the unequivocal answer is no.
Yes, the state is in every possible way guarding and supporting women in such a tremulous position, and guarantees them some privileges and privileges.
Moreover, according to the Labor Code, a future mother cannot be hired for a probationary period, that is, if the employer is aware of the position of the hiring employee, then he is obliged to conclude a permanent labor contract with her. Although this rarely happens in practice, as company managers do not like to hire young or expectant mothers, every self-respecting woman should know about this right.
Yes, the probationary period when hiring a pregnant woman, according to the law, is not established. But what if the pregnancy became known a little later?
What happens next
So, we examined if a pregnant woman can be fired on a trial period. It turns out that no.Therefore, if the time period agreed upon upon entering the workplace comes to an end, and the woman finds out that she is expecting a child and wants to continue to work, then she has every right to stay at the enterprise in her place and in her position. After presenting a certificate from the antenatal clinic with such an employee, a permanent employment contract will be signed.
However, there are also some nuances here. Next we get acquainted with them.
When can I get fired. Own wish
Yes, the Labor Code of our Motherland does not prohibit expectant mothers from quitting on their own. Therefore, unscrupulous managers can force such an employee to write a letter of resignation or create such working conditions for her that she will be forced to leave.
However, if a pregnant employee wants to work in this company and in this particular place, then she must arm herself with labor legislation and prove her rights and benefits. Moreover, a woman may turn to a union or court, complaining of harassment at work. Judges are often on the side of expectant mothers.
If working in the place of another
Can a pregnant woman be fired on a trial period if she is employed instead of another employee, and he expresses a desire to return to his workplace in writing? If when applying for a job in an employment contract, it was recorded that a woman was finding a job in a strange place, then dismiss her allowed, even though she is expecting a baby. However, there are subtleties.
The employer must offer the pregnant employee a different place. That is, it is not a question of dismissal, but a transfer from one post to another. The proposed option should correspond to the position of the woman, that is, not to assume heavy weights (more than 2.5 kilograms), staying at the computer for more than three hours a day, contacting life-threatening substances (e.g. chemicals), or being in a damp or wet room , in drafts and so on. Also, such a place should not include business trips, night shifts, overtime, etc.
If a woman is offered a job in the conditions described above, she has the right to refuse her, arguing in writing her negative answer, and wait for further offers.
If the pregnant woman was offered a job taking into account her situation, and she refused it, then the woman can be fired, and this will be in accordance with the current legislation.
Other cases
Can a pregnant woman be fired on probation for other reasons? Yes, and this is also regulated by law. The third reason for the dismissal of the future mother can only be the complete liquidation of the enterprise or the termination of the employer as an individual entrepreneur.
In such cases, a pregnant woman, like the rest of the staff, should be paid compensation.
Woman continues to work
This happens most often. However, the expectant mother, who has retained a permanent job, should be prepared for the fact that in the future the employer will demand from her a certificate from the antenatal clinic about the presence of pregnancy. Such supporting documents will need to be brought to the employer no more than once every three months.
If you still get fired
Yes, there are times when an employer acts in flagrant violation of the law, in the hope that the expectant mother either does not know her rights or does not want to fight for them.
What can be said in this case? If a woman wants to continue working at the enterprise and wants to assert her rights, she can turn to special authorities to help her restore justice.
For this, the employee in position has two possibilities.
Labor Inspectorate
This is an important state body protecting employees of enterprises, which a pregnant woman can contact in three ways: in person, via the Internet (official website) or by mail (necessarily using a registered letter). To her written complaint, the expectant mother must attach a photocopy of such documents as a passport, work book, a contract drawn up when applying for a job, an order for appointment to a certain position and dismissal from her, a certificate from a gynecologist confirming the presence of pregnancy.
The labor inspectorate independently conducts an investigation on the basis of the submitted documents. If it turns out that the employer of the expectant mother has violated the law by firing her, then he will be held accountable.
Trial
It must be said here that going to court is the main and decisive step of a woman to restore her previous position. Since only the decision of the judge is able to return her lost place.
It is recommended to file a claim for reinstatement immediately after dismissal by attaching the documents mentioned above to it. The meeting takes place on a fixed day. Both parties are invited to it - a pregnant woman and her former employer.
According to the statement of claim for reinstatement, the judge considers the case and makes a decision. Most often, the employer will be obliged to take the woman back, having previously paid her material compensation for involuntary absenteeism, as well as expenses for a lawyer, a lawyer and legal costs.
After the meeting
Based on the decision made by the court, the woman again turns to the former employer and presents him with a document - a court verdict, on the basis of which the employer cancels her dismissal and concludes an employment contract with her future mother. The woman signs the decree, the corresponding entry is entered into her work book, and then the pregnant woman is allowed to perform her duties.
In some cases, the employer may not comply with the verdict issued by the judge. He can appeal it or ignore it. In the latter case, an unscrupulous employer will be forced to comply with a court order and will be held administratively liable. However, such cases are extremely rare.
The rights of a pregnant woman
Within the framework of this article, it is impossible to analyze all disputes that may occur with a future mother at her place of work. However, let's briefly mention the rights of a pregnant woman that you need to know and uphold.
First of all, it should be remembered that a woman expecting a baby is very difficult to fire. Even if she violated discipline, work regime and so on. Absenteeism and being late can also not be the reason for the dismissal of the expectant mother.
What else can be said about the privileges of pregnant women? Such workers may be asked to transfer to light work, the basis for which is a special certificate from the antenatal clinic.
To undergo a regular examination with a gynecologist, as well as passing tests, the expectant mother is given paid working time. However, she must bring a certificate from the antenatal clinic confirming the need for such manipulations.
Also, an employee awaiting the appearance of a baby may be given additional breaks or a shorter working day at her request.
Also, such an employee is assigned leave to prepare for childbirth and directly delivery. The period of paid leave depends on how the pregnancy proceeds and how the birth took place.
A few words in conclusion
This article introduced us to modern Russian legislation governing relations between an employer and a pregnant employee. From the question discussed above, whether a probationary period is established for pregnant women and whether such women can be fired during the trial period, it becomes clear that the state protects motherhood and mothers, as well as their newborn children.
The future mother has a pretty impressive list of rights and privileges at her workplace. For example, a pregnant woman cannot be dismissed without her consent, unless it is a question of completely closing the enterprise. Also, the expectant mother cannot be dismissed even if she temporarily works in the place of another person who starts his labor duties. Such a worker must be given a new position.
With regard to the probationary period, the employer is obligated to employ such an employee on an ongoing basis, providing her with the necessary benefits and privileges in accordance with her new position.
As we see, a girl expecting a child should know her rights and be able to boldly defend her rights. Since employers do not always make concessions and may take advantage of the pregnant woman’s poor health or her lack of knowledge of the laws. Therefore, do not rush to agree that you are being infringed or are being treated unfairly. Contact the higher authorities: court and labor inspection. Most often, they stand up for a pregnant woman and restore her in the workplace.