Employment in the place of the woman who gave birth entails certain difficulties. Expectant mother will not be able to count on payments for pregnancy. The work is temporary until the release of the main employee. Maternity rate according Article 255 of the Labor Code of the Russian Federation, implies the hiring of a new employee under a fixed-term contract. The basic guarantees of the legislation are still retained.
Maternity leave
The term "maternity rate" applies to the case of a woman leaving Holiday to care for the child. The period of legal rest may last more than 140 days, but less than 3 years. During this time, the employee replacing the main employee is not entitled to claim many of the benefits associated with pregnancy.
Maternity leave is unpleasant because the main employee can go to work at any time. Often, conscious women return in a year and a half. There are three reasons for the absence:
- Maternity leave before childbirth. It is equal to 70 days.
- Maternity leave after childbirth. Also lasts 70 days.
- Holiday to care for the child.
By law, women are entitled to decent payments, which will not be in the new place. Deciding on this is not easy. The employer should motivate people to increase the tariff wage, but this often does not happen. The place is sometimes empty for the entire period of absence of the main employee.
Underwater rocks
The maternity rate is a temporary phenomenon. However, it may not have a time limit for hiring a new employee. The contract should not contain the date of dismissal of the employee. The occupied place is freed upon the exit of the copyright holder of this position. Moreover, all requirements are specified by the legislation of the Russian Federation.
If the new employee also wants to go on maternity leave, no place is reserved for her at the maternity rate. Dismissal is made without additional payments by the employer. You can count only on state support for a period of not more than 1.5 years. However, a maternity position provides a chance for young job seekers to gain work experience. The employer will be happy to take a newcomer, because there will be few people who want a job.
Clearance procedure
When hiring a new employee, the tenant carries out standard registration procedures with the exception of two points:
- The contract is temporary. It is accompanied by the conclusion of an agreement on the immediate release of the occupied place after the main employee goes to work.
- An employee can be either taken from the outside or transferred within the organization. Labor does not change. Everything is drawn up in a temporary agreement.
When working on maternity leave, all standard benefits are applied: payment of holidays, annual bonuses, sick leave. A fixed-term employment contract is supplemented by a book entry. The salary is completely white, without cutting.
What should be done during pregnancy?
Many women are interested in the question: if I work on a maternity rate, what payments are due? Compensation in cash is made during maternity leave of 140 days. In place of the outgoing employee, they hire a second person under the same conditions.
Payments can be lost if a woman has terminated a fixed-term employment contract during pregnancy. The way out is the hospital by birth. It must be issued before the old employee appears at the workplace. An employer signs a maternity leave to a new employee. The sick leave is paid in full.
The allowance is assigned and issued within ten days. To account for income from a previous job, you will have to submit a supporting document. Help is needed to increase the amount of payments.If there is no work experience for the last yes years, the allowance is assigned for the minimum wage. In each region SMIC size is different. You can find it on the local official website of the administration.
Dismissal of a pregnant
Transfer to a maternity rate, as well as employment at such a workplace, carries the risk of losing the legal right to receive a monthly allowance from the employer. Therefore, the goals of new employees are different: to earn, gain experience. All other guarantees for the employee remain until the last day of work at the enterprise.
Over the three years of the decree, most employees become less competitive. Their work skills are partially lost. When leaving leave, managers evaluate the experience of two employees. And the beginner has a chance to linger. With excellent performance, an employee employed under a temporary contract is offered to transfer permanently.
The temporary maternity rate gives the employer the right to dismiss pregnant women at the first suspicion. The law in this case will be on the side of the heads of enterprises. Payments from the employer can not wait. The benefit will be paid by the social protection department. At the end of the temporary contract, the employer has the right not to renew it. With positive results, a new document is drawn up. It should be remembered that it is impossible to fire a person under the Labor Code of the Russian Federation while he is on sick leave or on vacation.
What are the conditions in a temporary place?
Maternity vacancies always have fewer advantages compared to full-time jobs. But for women who are not planning a pregnancy, practically nothing changes. All guarantees and compensations are present, except for part of the payments. However, there remains a chance to suddenly lose the source of income.
We highlight the main points:
- The right to another vacation is reserved.
- Sick leave is paid.
- The employee can rely on compensation for unused vacation days.
- The opportunity to receive social benefits remains.
- At the workplace, all points of labor law apply.
It is not easy to decide to work, realizing that tomorrow they can dismiss without additional payments. As a result, seniority is interrupted, which often creates negative moments with new employment. The employee will have constant nervousness about the risk of losing stability. Often, modern leadership is trying to immediately get rid of pregnant women. Therefore, everything should be weighed before agreeing to such conditions.
