It’s no secret that in the early stages of pregnancy a woman experiences strong emotional changes. Often, she discomfort causes thoughts about how to voice the news about the event to management and colleagues, how to tune in to upcoming changes in her career, the financial component of income and expenses. And if a woman is in search of work, is it worth talking about pregnancy at interviews and can this fact affect decision making? We will try to answer these and other questions in this article.
Labor law on women “in position”
How does the labor law protect the rights of pregnant women at work? In Russia, the provisions of labor law in relation to women in need of increased legal and social protection are aimed at promoting the calm course of pregnancy and childbirth, they dispel their painful doubts about work, providing guarantees and privileges in relations with the employer. The benefits provided to pregnant women at work are regulated by a number of articles of the Labor Code of Russia. In particular, these are Articles 64, 70, 93, 96, 99, 122-123, 125-126, 254-255, 259-261, 298, etc.
Pregnant workplace: nuances
The ventilated room, calm, soft lighting, including natural, optimal microclimate (air temperature, relative humidity), the absence of differences in barometric pressure - these are just some of the basic conditions necessary for the expectant mother at her workplace for a calm pregnancy. This also includes the absence of a number of innovative technical equipment, modern copying, duplicating office equipment, and PCs.
According to paragraph 13 of SanPiN 2.2.2 / 2.4.1340-03, work at a computer is contraindicated for a pregnant woman. If in conditions of office employment you can’t refuse a computer, then you should reduce the time spent behind it to three hours per shift.
Is part-time possible?
Labor law, if there is evidence and in agreement with the employer, provides a woman with the opportunity to carry out her official duties not a whole working day (week), but shortened. At the same time, the labor of pregnant women will be paid for the time actually worked or the amount of work performed. Reducing the working day should not affect the vacation, the term of employment, insurance experience.
How to behave at work if frequent visits to doctors are required?
The rights of pregnant women at work are protected and, if necessary, visits to doctors during working hours. The norm of the law states that, if necessary, a follow-up examination, which is mandatory and includes visits to doctors and laboratory diagnostic tests, a woman should be given time to attend antenatal clinics with an appropriate pregnancy certificate and an average salary paid. The employer is not entitled to oblige the pregnant woman to work, as well as to deduct the time of her absence from the salary in monetary terms.
Harmful production factors
The Labor Code of the Russian Federation states that in the presence of negative production factors harmful and dangerous to the well-being of the woman and the health of the unborn baby, the pregnant woman is entitled to send an application to the employer with a request to consider the possibility of reducing production standards and service or transferring her to a new job, the so-called light work.If a lower-paid position appears, the resulting difference in salaries for a woman should be compensated. If it is necessary to wait for a position corresponding to her position, the employer must protect the pregnant woman from harmful factors while maintaining and paying her an average salary for all days forced downtime.
Adopted by the Goskomsanepidnadzor and the Ministry of Health of Russia in 1993, "Hygienic recommendations for the rational employment of pregnant women" determine the list of working conditions that are dangerous for women's health. Among them: noise that does not meet the standards of dryness and humidity, contact with chemicals, toxins, aerosols, ionizing radiation, weight lifting, prolonged work, for example, in a sitting position, etc.
Also, pregnancy, business trips, processing, piecework, conveyor labor, work at night, on weekends and holidays are contraindicated for pregnant women.
Guarantees for joining annual paid leave
The labor rights of the pregnant woman are also protected in terms of rest. So, the representative of the employer is prohibited from recalling the pregnant woman from vacation, even if there are good reasons for this. The right to rest of the pregnant woman cannot be compensated in monetary terms. If there is a part non-vacation the expectant mother has the right to use it before her maternity leave, regardless of the existing vacation schedule, as well as if she worked in a new place of work for less than six months.
Vacation can be granted regardless of the length of service in this work immediately upon completion of maternity leave or parental leave. It may be important for both parents that during the period the spouse is on maternity leave, the spouse has the right to apply for the next paid leave, even if he has been working for less than six months.
Maternity leave
The rights of pregnant women at work are protected in terms of providing days of rest before childbirth and after. All pregnant women go on maternity leave. It is 140 with normal obstetric care, 156 with complicated delivery, and 194 calendar days for moms with twins or triplets. It may be a direct continuation of the annual paid leave without going to work. Subject to 100% prepayment in the form of social benefits regardless of seniority. Further, the woman has the right to receive leave to care for the baby.
Can a pregnant woman be fired?
Scrupulous, “sick” for a pregnant woman should be considered the issue of dismissal from work. The Labor Code of the Russian Federation stands firmly on guard of the interests of the future mother in labor. According to the labor guarantor, the employer does not have a direct opportunity to terminate both the fixed-term and the fixed-term employment contract with the pregnant woman. A woman who is on maternity leave, without fail, retains a job with the calculation of labor and insurance experience.
The relationship between the employee and the employer in the framework of the termless employment contract is less worrisome, they are less painful. But the dismissal of a pregnant woman, whose term agreement ends at the time of pregnancy, cannot also take place at the initiative of the representative of the employer. The employer must prolong the contract until the end of the pregnancy if there is a corresponding application and an official medical certificate, which serves as a confirmation of the "interesting situation". The employer may request this certificate every three months. If the fact of termination of pregnancy is confirmed, the contract is subject to termination within a week.
In general, having a pregnancy certificate can play a decisive role in resolving a conflict situation.And if a pregnant woman suggests that dissatisfaction may arise at work with her, it is better to give her to the personnel department for registration and get a copy of the document with a mark of acceptance as soon as she gets registered for pregnancy and childbirth in a medical institution.
To the question of whether a pregnant woman can be dismissed for failure to perform her official duties, the answer is also unequivocal: “No!” As a punishment, there may be deprivation of bonuses, allowances, but not dismissal. Article 261 of the labor law prohibiting the dismissal of pregnant women is of paramount importance compared to article 81. In the event of mass or seasonal dismissal of workers, a pregnant woman cannot be reduced either! However, the pregnant woman has the right to write a letter of resignation on her own initiative.
Exceptions to the Rules
The law allows you to dismiss a pregnant woman in the event of liquidation of the enterprise, the closure of IP. The second point is the completion of a fixed-term employment contract in cases of replacement of an absent employee, for example, who is on maternity leave. In this situation, the employer must offer the woman other vacancies, including lower-paid ones, in another locality that meet her qualifications and health. The dismissal of a pregnant woman can happen if she refuses the proposed options.
The rights of the future mother when applying for a job
What to do in situations when a woman, being in search of work, finds out about pregnancy? Based on the Labor Code of the Russian Federation, pregnant women have every right to be hired for a new job. Subject to all qualification requirements, the representative of the employer cannot refuse a pregnant woman to be hired. An employer’s negative decision will be valid only in cases of non-compliance with requirements or restrictions for job candidates. In cases of employment, no one has the right to request from a woman medical certificates, receipts confirming the absence of pregnancy.
There is another subtle point: when applying for a job with regard to pregnant women, the concept of “probationary period” is unacceptable, in other words, it cannot be established! If the employer was not aware of the pregnancy and took the woman for a probationary period, then he will not be able to dismiss her, even if the probationary period is not passed.
If the pregnant woman does not have registration at the place of residence (stay) in the city (village) where the organization is located, this fact also cannot be the result of a refusal to find a job. The requirement of the representative of the employer to renew the registration is also unlawful.
The rights of a pregnant woman are violated. What to do?
If a pregnant woman has faced a violation of labor law, and the conflict has not been resolved peacefully, she has the right to contact the labor inspectorate and the courts, providing the necessary package of documents confirming the violation. In particular, the Criminal Code of Russia protects the rights of pregnant women to work in terms of dismissal or denial of employment.
Following the results of court proceedings, the decision of the employer may be declared unlawful, he will be involved in the payment of a fine, compulsory work, and the woman will be restored in her rights.
