This article will talk about what guarantees for pregnant women under the Labor Code of the Russian Federation are provided by law for and after employment. What can a woman expect in an interesting position? About all this below! After a thorough study of this issue, every pregnant woman will be able to defend her rights. But when does she have the right to do so? And what can pregnant women count on?
Employment
Guarantees for pregnant women under the Labor Code of the Russian Federation are provided in various fields. Let's start with the most common violation, which many do not pay attention to - the conclusion of an employment contract.
Article 64 of the Labor Code of the Russian Federation indicates that a woman cannot be denied employment due to the presence of children or during pregnancy. These situations should not affect employment. Unfortunately, this guarantee is not always respected in Russia - companies do not like to contact young girls planning a pregnancy, or those who are already in an interesting position. All this is due to the fact that the guarantees for pregnant women under the Labor Code of the Russian Federation are offered quite serious. And not every company is ready to take on such a responsibility.
Probation
Job guarantees are just the beginning. Labor legislation of the Russian Federation currently actively protects the rights of pregnant women. Therefore, stop at this stage is not worth it.
Another feature of the employment of girls in an interesting position is the probationary period. Guarantees for pregnant women under the Labor Code of the Russian Federation allow you to immediately get to work, without a trial period. This prohibition is dictated by 70 articles of the Labor Code.
The state guarantees a woman the conclusion of an employment contract and allows her to immediately start work, without trial periods.
Working hours
Now that the contract with the girl is signed, it is necessary to pay attention to some features of the fulfillment of labor obligations. The main guarantees for pregnant women under the Labor Code of the Russian Federation are expressed not only in the specifics of employment, but also in all other areas of work.
For example, women can count on part-time work. This requirement is satisfied by the employer after the personal written request of a subordinate. Article 93 of the Labor Code of the Russian Federation states that pregnant women should not be denied the installation of reduced working hours.
In fact, a girl can count on the following mode of operation:
- Incomplete shift or working day. In this case, the daily duration of the employee’s stay at the workplace is reduced.
- Incomplete week. Under such circumstances, the total number of working days per week is reduced.
- The combination of these modes. This phenomenon is not prohibited by the labor legislation of the Russian Federation. A girl during pregnancy can demand both a reduction in the working day, and a reduction in working days per week.
In practice, the first scenario is most often encountered. The combination of an abbreviated shift and a week is actually difficult to achieve from the employer. After all, this is simply not beneficial to the boss. Therefore, you will have to fight for your rights.
How much can I ask for a shortened day / week? For any period agreed with the authorities. Usually this benefit is granted for the entire period of pregnancy. This is a normal occurrence, especially if a woman has decided to exercise her rights at a later date.
Labor features
What other features are there? Guarantees for pregnant women under the Labor Code of the Russian Federation imply some nuances for the performance of certain works.
The fact is that some articles of labor legislation indicate prohibitions on the use of pregnant women in certain areas. Namely:
- at night and overtime;
- on watch;
- on weekends and holidays.
It follows that a girl in an interesting position cannot be called to work at night and in excess of the established work regime (Articles 96, 99 and 259), sent on a shift (Article 259) and requested to go to work on holidays or weekends (Article 298). In addition, a woman cannot be sent on business trips. This rule is governed by 259 articles of the country's Labor Code.
Easier to work
Guarantees for pregnant women under the Labor Code of the Russian Federation allow girls to transfer to light work in connection with an interesting situation. According to the results of a medical examination, as well as on a personal statement from a subordinate to her, they must lower the standards for development and maintenance. If this is not possible, it is necessary to transfer it to easier labor.
With all this, it is necessary to exclude any work in adverse conditions. For example, a pregnant woman should not work in hazardous work or sit at the computer / stand on her feet all the time. These rules are regulated by 254 articles of the Labor Code of the Russian Federation.
Average earnings
What guarantees and compensation for pregnant women under the Labor Code of the Russian Federation are offered without fail? What can a girl who has become pregnant count on?
Under certain circumstances, the employer must retain the average earnings for the subordinate. This is possible in the following situations:
- Periods to complete more simple work. The transfer to easy labor implies the preservation of the average monthly earnings for a subordinate. This means that the employer cannot lower their salaries (Articles 254 and 139).
- During non-performance of work duties in connection with their harmfulness until the provision of a new place of work. The employer, as already mentioned, is obliged to choose a safe job for the pregnant woman. Until he does this, a woman cannot work, but her earnings are still preserved (Article 254, part 2).
- When passing the mandatory medical examination (3 part of Article 254).
From the foregoing, it follows that almost always the employer should maintain the average earnings for an employee who is in an interesting position. And this is despite the fact that it will work less or not work at certain times at all.
About medicine and work
What are the guarantees for pregnant women under the Labor Code of the Russian Federation when visiting doctors in Russia? As already mentioned, the employer is obliged to maintain the average earnings for the employee during the medical examination. In addition, the supervisor must release female workers for routine pregnancy examinations.
Do I have to inform my boss about my absence? In accordance with the labor legislation of the Russian Federation, pregnant girls should not report to the employer about planned medical examinations. Nevertheless, many experts claim that it is better to notify the authorities in writing of their absence. It is not necessary to prove the fact of visiting a specialist - the Labor Code of the Russian Federation does not require this from women. But without warning about the medical examination, the employer can regard the actions of the subordinate as truancy.
Perhaps this is all that implies guarantees to pregnant women under the Labor Code of the Russian Federation when visiting doctors. If a girl monitors her situation for a fee, the employer does not assume responsibility for financing health services.
Vacation
All pregnant women can expect so-called maternity leave. It is commonly called maternity. This is a special type of rest from work. It will be provided only in certain circumstances.
How to get the required guarantees for pregnant women under the Labor Code of the Russian Federation? Maternity leave will be issued only after the girl’s personal statement of her rights and only if there is a so-called disability certificate.It is issued in antenatal clinics and private clinics specializing in monitoring pregnant women. An incapacity certificate is issued, usually at 30 weeks of gestation. But if a woman does not want to, she may not go on maternity leave. You can work until the very end.
Calendar days in the period of study leave are counted in the length of service. In addition, the employer will assign benefits for this time. The right to annual paid leave for a pregnant employee under all the conditions listed above is reserved (Articles 255 and 121 of the Labor Code of the Russian Federation).
Another vacation
Russian law allows citizens to take leave for the first year of work after working at least 6 months in the company. Despite this, some citizens pass this rule. Thus, guarantees and compensations to pregnant women of the Labor Code of the Russian Federation are relied upon regardless of their seniority.
This means that pregnant women are required to provide paid leave after employment on personal application in the following situations:
- Before maternity leave, after it, or after the end of maternity leave. In this case, the employee determines the time of paid leave. Usually annual leave goes on maternity leave. It is forbidden to recall a pregnant woman from any vacation (under article 125 of the Labor Code). Replacing these periods with cash payments is also impossible.
- Husbands whose wives are on maternity leave (section 123). This means that every future father has the right to annual paid leave while his wife is on maternity leave.
You should also pay attention to the fact that vacation is provided to the listed categories of citizens at any time convenient for them. The minimum paid vacation period today is 28 days.
Dismissal on the initiative of the authorities
Guarantees for pregnant women under the Labor Code of the Russian Federation (Article 261) indicate that the employer cannot independently dismiss a pregnant employee. Termination of employment with such an employee is possible only upon liquidation of the corporation. And nothing more.
But this does not mean at all that a pregnant woman cannot be fired at all. There are exceptions in this area, but only when it comes to personnel working under a fixed-term employment contract. In other cases, no employer on his own initiative can dismiss a pregnant woman.
Possible dismissal
As already mentioned, guarantees to pregnant women under the Labor Code of the Russian Federation under a fixed-term contract provide for the possibility of terminating a previously concluded agreement at the initiative of the employer. This is normal, though not the most common occurrence. When is it possible to fire a woman in an interesting position?
You can terminate the employment relationship if, after the end of pregnancy (childbirth, abortion, miscarriage), the employee actually continues to work. A similar rule provides for the expiration of a fixed-term employment contract. The employer is given a week to dismiss the employee, starting from the day when they learned at work about the end of pregnancy.
At the same time, it is necessary to pay attention to one more feature - a pregnant woman can write an application for their extension during the term of the fixed-term contracts. At the same time, the employer is obliged to satisfy the requirement, but in return he can demand a medical opinion on the woman’s health status no more than once every 3 months. The extension of the employment contract is fixed in the supplementary agreement.
Liquidation of a corporation
What are the guarantees for pregnant women under the Labor Code of the Russian Federation during liquidation? It is noted that only in this case, the employer can terminate the employment relationship with the employee. The exception is cases in which an immediate employment agreement is concluded with a subordinate.
With all this, the citizen relies on all generally accepted guarantees. Namely:
- the girl must be warned of liquidation no later than 2 months (in writing);
- relies on severance pay (regardless of maternity benefits);
- You can extend the payment period to 3 months, if you contact the employment service.
It follows that a woman in the liquidation of an enterprise is entitled to all state-guaranteed payments and benefits. By the way, an oral warning about liquidation does not take place. If an employee was warned, for example, by phone, we can assume that she was not notified about the end of the company.
Leave and allowance (fixed-term contract)
A huge role is played by payments in the issue under study. Indeed, often women go to work during pregnancy to qualify for cash bonuses in a particular case. The guarantees and compensations for pregnant women are stipulated by the Labor Code of the Russian Federation without fail.
During the term of the fixed-term employment contract, each pregnant woman can take maternity leave. In this case, the woman must pay cash for all calendar days of rest associated with pregnancy.
Maternity Payments
Based on the foregoing, guarantees to pregnant women under the Labor Code of the Russian Federation (an article allotted to these features is not the only one in labor legislation) imply certain payments. Both from the employer and from the state.
Among the payments due to working women, a total of:
- maternity allowance (100% of the average salary);
- for parental leave (40% of earnings);
- for early registration (up to 12 weeks of an interesting situation);
- by birth
All of the above guarantees for pregnant women under the Labor Code of the Russian Federation at work are provided without much difficulty. But is it really so? Do all pregnant women really receive all of the guarantees and benefits listed in practice?
Real situation
Warranties for pregnant women under the Labor Code of the Russian Federation (Article 261 and others) in real life are not always easy to obtain. Why? What is the reason for this? Do employers really not know the features of pregnant women?
Rather, the opposite. As already mentioned, pregnant for any company is a lot of problems. Based on the foregoing, we can conclude that such an employee cannot be fired, he must be treated with patience and understanding, released to doctors and granted leave. Pregnant women do not bear actual benefits for employers - only extra responsibility and expenses. For example, on benefits and decree.
Are pregnant women always guaranteed under the Labor Code of the Russian Federation? Reviews of the girls indicate that achieving justice is not as easy as it seems. Mostly companies refuse to find pregnant women. Or they are persuaded to terminate employment contracts at the initiative of the employees themselves. Labor laws prohibit the dismissal of managers at the request of the company, but at the same time, every pregnant subordinate has the right to terminate the employment contract.
As a rule, it is easier to get all of the listed state guarantees for those who have been working in a particular company for a long time. Therefore, when finding employment, it is important to find a conscientious employer. But this is not all the features that will have to be considered.
Clarification of Highlights
In conclusion, I would like to give several answers to a number of basic questions arising from employers and pregnant subordinates. What is this about?
If the employer has entered into an employment contract with an employee who is in an interesting position, but no one knew about it, the law will be on the side of the subordinate. In case of violation of the basic guarantees laid down by pregnant women, a woman can complain and demand everything that is promised in the Labor Code of the Russian Federation. The employer is obliged to follow the established rules and satisfy all the requirements of the subordinate.
In general cases, an employment contract terminated at the end of pregnancy is extended in advance.In other situations, to terminate the employment agreement, it is indicated not its last day, but the moment of the end of the period of maternity leave.
When hiring, the probationary period is not supposed to be for pregnant women, as well as for persons under 18 years of age. This guarantee also applies to women and men raising small children. A probationary period is not set for an employee caring for an infant up to 1.5 years without a mother. Moms themselves with children under one and a half years old are also exempted from the probationary period.
Conclusions and Conclusions
From now on, it is clear what guarantees for pregnant women under the Labor Code of the Russian Federation (Article 261 and not only) are provided in Russia. All these features and nuances should be considered by each employer. But, as already mentioned, pregnant women are not always able to defend their rights. In fact, demanding guarantees in a new company is problematic. They try not to mess with pregnant women. The same goes for women planning a pregnancy soon. Accordingly, the refusals in employment should not be surprised in Russia. And this is despite the fact that labor law prohibits the denial of employment to girls who are in an interesting position.
What to do if the rights of the pregnant woman are violated? In this case, it is proposed:
- complain about the company to the labor inspectorate;
- look for another job place.
Usually preference is given to the second scenario. During pregnancy, women prefer once again not to be nervous and not to conflict. Therefore, to find another place for employment is easier than to seek reinstatement in a previously selected corporation. If you choose the first way to solve the problem of employment, you will have to somehow confirm all your words. What guarantees are given to pregnant women under the Labor Code of the Russian Federation? Vacation, employment and light work! But without evidence of the applicant’s innocence, the woman will not be accepted into this or that company.
What to do if you plan to reduce the number of employees? What are the guarantees for pregnant women under the Labor Code of the Russian Federation with a reduction put? It is forbidden to dismiss an employee in the presence of a pregnancy certificate. This is only possible with the liquidation of the company. If the employer first reduced the employee and then found out about her pregnancy, then, if there is appropriate evidence, the employee must be reinstated or offered her any similar job. In fact, everything is not as simple as it seems. But if a woman manages to find a bona fide employer, then all of the above guarantees will be provided without much stress. Now we know all the features of regulation. Guarantees for pregnant women under the Labor Code of the Russian Federation are provided only if the employer is aware of the interesting situation of a subordinate.