Does a pregnant woman have the right not to work? Labor Code: Rights of Pregnant Women at Work. Special working conditions for pregnant women

The pregnancy of one of the employees causes quite natural concern for the employer.

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The establishment of this fact means that the woman has new rights, and the head of the organization, accordingly, has new responsibilities. And their non-fulfillment threatens with responsibility.

Consider how to avoid conflict in such a situation.

What does the law say?

Even a normal pregnancy is associated with changes in health conditions such as increased fatigue or instability.

Besides. many types of work, especially those related to physical activity, can lead to sad consequences. Therefore, the legislator introduces a number of special norms regulating the work of pregnant women.

This is done to preserve their health, and not to complicate the life of the employer.

Normative base

The main document regulating relations in the field of wage labor is the Labor Code. Most of the norms establishing the rights and guarantees for pregnant workers are contained in it.

The provisions of this law apply throughout the country and for any employer, including individual entrepreneurs.

As for women working in municipal or public service positions, in law enforcement agencies, etc., their legal status is determined, first of all, by special laws. The Labor Code only applies in strictly defined cases.

Rights and guarantees

The Labor Code of the Russian Federation establishes a number of rights and guarantees for pregnant women:

• inadmissibility based on pregnancy;
• provision of paid;
• ban on;
• the ability to use off schedule;
• shortened work schedule;
• translation into "easy work", etc.

For pregnant women, the Labor Code is established at their request. This is a right that a woman can use. Or not use it. The employer cannot force her to transfer to another regime.

The decision is made by the woman voluntarily. If she decides that a 40-hour week of work will not harm her health, then she continues to work as usual until she goes on her due vacation.

The transition to such reduced working hours does not affect the granting of the next vacation.

Its terms, duration and calculation of payment do not change. Moreover, a pregnant woman can use her leave outside the schedule, adding to the maternity leave.

Obligations of the employer

But the law obliged the employer, according to the written request of the pregnant employee, to reconsider the duration of her working hours (Article 93 of the Labor Code).

The employer has no right to refuse to transfer to part-time work. Even if for this it is necessary to revise the work schedule of the whole team. However, you can always find a reasonable compromise that suits both parties.

Also, the employer's responsibilities include reviewing the schedule of a pregnant woman.

The legislator prohibits her to work:

• on night shifts (Article 96 of the Labor Code);
• on weekends and holidays (Article 112 of the Labor Code);
• overtime (Article 99 of the Labor Code);
• on watch (Article 298 of the Labor Code).

Working hours for pregnant women according to the Labor Code

If a pregnant woman wishes to exercise her right to reduce her working time, she applies to her employer.

She can do this at any time. The length of pregnancy or the length of service of a woman in the organization does not play any role.

Part-time work can also be negotiated immediately upon hiring a woman in a position to work. You can also return to your normal schedule at any time.

Example statement:

Sample employee statement

Visiting a doctor in a antenatal clinic

Registration and obtaining a certificate of pregnancy imposes on a woman the obligation to undergo periodic medical examinations.

The working hours of medical institutions, as a rule, coincide with the opening hours of most organizations and enterprises. This means that you have to undergo medical examination during working hours.

In order for a woman not to lose in earnings and not to refuse medical research on this basis, the legislator has provided for a number of measures, namely, the preservation of the average earnings for a woman during the period of medical examination.

In addition, her absence from the workplace is not considered as. Even if she didn't tell the employer. It is enough to take a certificate from the clinic and provide it to the head after visiting the doctor.

Time norms and reduction of its duration

Reduction of working hours due to pregnancy is possible in the following options:

For example, the manager Tarelkina's working day is reduced from 8 hours to 6.5, and the cleaning lady Chashkina is offered to work 4 instead of 5 working days.

Establishing part-time work

The procedure for setting a part-time day for a pregnant woman will be as follows:

1. Get a certificate of your condition from the antenatal clinic.
2. Write a statement addressed to the head of the organization. In it, indicate how exactly I would like to reduce the working time: reduce the day or get an extra day off. The term of such a regime is also indicated. This can be either all the time before maternity leave, or a shorter period of time.
3. Submit the application and certificate to the personnel department. It will not be superfluous to write a statement in two copies. This will help if a disputable situation arises.
4. Read and sign the order to establish an incomplete day.
5. Sign an additional agreement to the employment contract and keep one copy for yourself.

If the employer refused to change the working hours, a woman can protect her rights by filing a complaint with the labor inspectorate. This will require a second copy of the application and a pregnancy certificate.

Documents

To apply for a part-time job for a woman, one document is enough - a medical certificate. Its absence gives grounds to consider absence from work as truancy and impose a disciplinary penalty.

The employer, having received an application and a certificate, issues an order on the establishment of part-time work, and then draws up, since such a regime entails a change in payment.

An example of an additional agreement:

Payment nuances

Part-time work, in contrast to the shortened one, also implies a proportional reduction in pay (part 2 of article 93 of the Labor Code). The law does not oblige the employer to keep the previous earnings for the worker who is working less.

Last update: 07.03.2018

A pregnant woman can become a burdensome "burden" for the employer, because she will have to keep her job for the duration of the maternity leave, pay for leave and carry out other payments provided for by law. All this is unnecessary trouble, besides, finding a new employee who will agree to work temporarily is very difficult. Employers who are poorly informed about the nuances of labor legislation or are simply confident in their impunity decide that by dismissing such employees, they will avoid many problems. However, in reality, they create new and much more serious ones for themselves ... Read more about whether employers have the right to fire a pregnant employee in 2020, in what cases these actions will be legal, and how the expectant mother can protect her labor rights if they are violated, we will figure it out Further.

Can a pregnant woman be fired from her job?

A pregnant woman cannot be dismissed at the request of the employer if the fact of her pregnancy is confirmed by a medical certificate. Even if pregnancy is obvious from external indicators without documentary evidence, dismissal will not be considered illegal.

The Labor Code of the Russian Federation in Article 261 reflects the principled position of the legislator on this issue, suppressing arbitrariness on the part of employers and thus protecting the rights of pregnant women.

However, the exception to this rule in the same article is the case of the liquidation of the employer as such in the legal sense, that is:

• Complete liquidation of a legal entity (organization where the woman works);
• Termination of the activity of the individual entrepreneur, which acts as its employer.

With this development of events, the employer may terminate the employment contract with the pregnant woman without her desire and consent.

In what cases the dismissal of pregnant women is allowed

In order to fire a pregnant subordinate, the manager should not take the initiative. Dismissal at his will is a taboo. An admissible basis may be a reason independent of the employer's will (liquidation of a legal entity, termination of an individual entrepreneur, bankruptcy, etc.), as well as an initiative of a pregnant woman.

Dismissal upon liquidation of a legal entity or termination of an individual entrepreneur

Dismissal upon liquidation of a pregnant woman is regulated by article 180 of the Labor Code of the Russian Federation. The employer is obliged to notify her that the enterprise will be liquidated at least 2 months in advance. In this case, not verbally, but necessarily against signature.

If there is not a liquidation, but a change of owners (the company is bought out, it is transferred to other persons), the woman cannot be dismissed due to liquidation. By law, she must continue to work under the new leadership, unless, of course, she herself does not want to quit.

• They are entitled to payment of severance pay in the amount of average monthly earnings;
• They receive compensation for unused vacation time;
• For them, the salary is maintained for two months;
• The calculation of wages is carried out for the actually worked days of the current month.

According to paragraphs 10, 11 of Resolution N 865 of December 30, 2006, the maternity benefit after liquidation will be paid not by the employer, but by the department of social protection of the population at the place of residence of the pregnant woman.

Dismissal of your own free will

A woman in a position, in fact, like everyone working under an employment contract, can terminate it at any time, having previously notified the employer of her intention 2 weeks in advance.

In this case, the desire to quit should be one's own, and not arising due to conditions deliberately created by the employer. The practice of blackmailing managers or creating unbearable psychological conditions for work is fairly common. In this case, the pregnant woman can complain to the GIT or the prosecutor's office, after which a check will be carried out. But the duty of proving that the statement was written of his own free will under duress rests with the resigned person in accordance with the Resolution of the Plenum of the Supreme Court of the Russian Federation of 03.17.04 No. 2 "On the application of the RF Labor Code by the courts of the Russian Federation"

A two-week period may not work if a woman is hospitalized for health reasons. That is, in fact, she is sent on sick leave, and the time of the forced absence from work (sick leave, vacation) is counted in this two-week period. Therefore, if in such a situation it is not possible to personally carry the application to the employer, the pregnant employee can write the application, and her relatives will send it by mail to the employer's address.

That is, it is important that the paper is already on the employer's desk during these 2 weeks while you are in the hospital.... An oral statement that you could have made in a personal or telephone conversation with the employer does not count.

Keep in mind that the employer has the right to send the employee on vacation for the period of two weeks that must elapse from the date of application. Then the amount of vacation pay during the calculation upon dismissal will be less.

Employees "in position" can withdraw their letter of resignation before the expiration of the specified period - for them this is not fraught with any consequences.

Dismissal by agreement of the parties

An alternative to voluntary dismissal at the request of a pregnant employee may be termination of the contract with her by agreement of the parties.

What is the difference between dismissal at the request of a pregnant woman and by agreement of the parties, the table will help to understand.

	Statement	Agreement of the parties
How is it formalized?	In the form of a statement from a pregnant employee with her signature. The employer draws up an order.	In the form of an agreement on behalf of two parties (it can be drawn up by one of them, but the other party must check). The document is drawn up in 2 copies, signed by both parties. Upon dismissal, the employer issues an order.
If the parties disagree?	The employer cannot refuse to dismiss the employee of his own free will if he has worked two weeks after the application was submitted.	If the employer or the pregnant woman does not agree with the provisions in the agreement, they have the right not to sign it. Then dismissal on this basis is impossible. Alternatively, in case of disagreement, you can draw up a protocol of disagreements, however, if the parties do not come to a consensus, the dismissal will not happen.
date of dismissal	The date of dismissal is not the date of drawing up the letter of dismissal, but the day of the expiration of a two-week period from the date of its submission.	The dismissal date is negotiable, that is, as both parties decide, so be it. By agreement of the parties, a pregnant woman can quit without two weeks of work.

What is common between dismissal on these two grounds is that it is voluntary, which means that it does not contradict the Labor Code of the Russian Federation.

On the issue of dismissing a pregnant woman by agreement of the parties, there is a Definition of the Supreme Court of the Russian Federation of 09/05/2014 N 37-KG14-4. According to its provisions, it can be concluded that a woman who signed the agreement of the parties on dismissal, who did not know at that time about her pregnancy, can send the employer a statement declaring the agreement invalid due to a significant change in circumstances (pregnancy), if the day of dismissal indicated has not yet arrived. in the agreement.

Dismissal from a temporary place (under a fixed-term employment contract)

Article 261 of the Labor Code of the Russian Federation permits the dismissal of a pregnant woman working under a fixed-term employment contract if the following conditions are met:

1. The employment contract was concluded for the duration of the duties of the absent employee.
2. It is impossible, with the woman's written consent, to transfer her to another job available to the employer, suitable for her health reasons, before the end of her pregnancy.
3. The employer offered her all available vacancies in the area.
4. The pregnant woman refused to transfer to a vacancy in another area.

When considering a specific situation, ALL conditions must be met so that dismissal from a maternity position (and most often fixed-term employment contracts are concluded precisely at the time of the decree of another employee) is considered legal.

In other cases, the employer is not entitled to dismiss a pregnant woman from a maternity place. If a woman proves that she is carrying a child by providing a medical certificate, the employer is OBLIGED to renew the fixed-term employment contract with her. Even if an employee leaves for a maternity place, the pregnant woman should be sent to another job. At the same time, it is assumed that transfer to a place with a lower salary is possible. In this case, the woman must already decide for herself whether to stay in a position where they will be paid less, or write a statement of her own free will.

Can I be fired under the article?

Labor legislation does not contain such wording as “dismissal under the article”. In the people, this means dismissal for committing a disciplinary offense, that is, in the manner of imposing a disciplinary sanction, or due to professional incompetence.

The employer cannot dismiss a pregnant woman for absenteeism or for other violations of labor discipline, but he has the right to impose one of the other penalties.

According to Art. 192 of the Labor Code of the Russian Federation, the following penalties can be applied to an employee:

• Comment;
• Rebuke;
• Dismissal.

Therefore, if a woman “in position” has violated labor discipline, she can be reprimanded or reprimanded. In addition, there are no restrictions on the forfeiture of premiums. Depreciation is allowed for pregnant women at the discretion of the employer.

Is it possible to fire a pregnant woman on probation?

Moreover, it is impossible to establish a probationary period for a pregnant woman in accordance with Article 70 of the Labor Code of the Russian Federation (if her pregnancy is confirmed by a certificate at the time of employment).

Does the employer have the right to fire a pregnant woman before the decree?

A woman goes on maternity leave from the 30th week of pregnancy, that is, at about the 7th month. But her employer is not entitled to dismiss her before the decree, since pregnant women at any time are equally protected by law from the moment they have documented pregnancy.

Should women be afraid of contraction "in position"?

Dismissal to reduce pregnant women is impossible, since the Labor Code of the Russian Federation gives them immunity in this regard, and events unfold according to two scenarios:

1. The employer offers in return another position that is suitable for medical reasons.
2. If it is impossible to provide an alternative, it saves a place for the pregnant woman.

That is, in any case, pregnant women are not threatened with dismissal when they are laid off: they are either offered a new job, or the old one is kept.

Is the dismissal of a part-time pregnant woman allowed?

In this regard, there is an explanation of Rostrud in a letter dated November 24, 2008 No. 2607-6-1. Summarizing its provisions, you can display a recommendation on this issue in the form of the following thesis:

The decision to dismiss an employee in the conditions provided for by Article 288 of the Labor Code of the Russian Federation is made by the employer. This is his right, not his duty. Therefore, when a new “permanent” employee is hired instead of a pregnant woman part-time, it is the employer who initiates the termination of the employment contract. Article 261 of the Labor Code of the Russian Federation prohibits the dismissal of pregnant women at the initiative of the employer, except when the organization is liquidated and the individual entrepreneur is terminated, which means that it is impossible to dismiss a pregnant part-time worker without his consent at the initiative of the employer.

If the pregnancy was hiding during employment

Many women are worried about the question - if she got a job already pregnant and kept silent about it, wouldn't she be fired when everything is cleared up.

According to Art. 64 of the Labor Code of the Russian Federation, it is prohibited to refuse to conclude an employment contract for women for reasons related to pregnancy. This means that pregnancy is not a reason for refusing employment. And if so, then even when the employer finds out and it will be too late, a woman cannot be caught in some kind of deception and fired for it, since she is not obliged to inform him.

What if the employer violated the labor rights of a pregnant woman?

Despite the guarantees of pregnant women, enshrined in the Labor Code of the Russian Federation, cases of unjustified dismissals are not so rare.

The employee can appeal against the actions of the employer in:

• State Labor Inspectorate;
• The prosecutor's office;

Unjustified dismissal of a pregnant woman threatens the employer with administrative and even criminal liability:

• According to Article 5.27 of the Code of Administrative Offenses of the Russian Federation, a fine from 1,000 to 5,000 rubles for officials and individual entrepreneurs, as well as from 30,000 to 50,000 for legal entities.
• In accordance with Article 145 of the Criminal Code of the Russian Federation, a fine from 5,000 to 200,000 rubles or in the amount of salary / income for 18 months or compulsory work from 60 to 360 hours.

The employer is brought to administrative responsibility by the State Inspectorate for Information Technologies, and if required, it transfers the inspection materials to the prosecutor's office in order to bring the culprit to criminal responsibility. But such an order is not obligatory - the victim can herself turn to the prosecutor's office with a complaint.

In addition, she is entitled to file a lawsuit against the employer, where, of course, her violated rights will be restored:

1. She will be reinstated in her position, while she may require the issuance of a duplicate work book, where there will be no record of dismissal.
2. She will be paid compensation for the time of the forced absence.
3. The employer will have to compensate for moral damage if proven.

According to Article 393 of the Labor Code of the Russian Federation, an employee is exempt from paying state duties when protecting labor rights in court.

If you have any questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days.

81 comments

A woman who decides to have a child is often faced with a dilemma. It is very difficult for many to decide what is a priority for their career or personal life. Realizing that she is pregnant, the expectant mother begins to look for answers to the questions: what to do with work, when to take maternity leave, how the authorities will react in case of frequent sick leave, and suddenly they will offer to quit, and so on. Pregnancy and work are quite compatible, and every woman should understand this.

Mom-to-be and her job

Do you have good news, did you get pregnant? Don't make hasty decisions, calm down and think it over. Visit your gynecologist initially and consult about your current condition. If there is a risk of complications, it may well be that you will have to forget about the workplace for a certain period of time.

In the absence of health problems, you can safely continue to attend work, until the decree. Don't be afraid to tell employees about your situation. It is highly discouraged to hide it. As practice shows, many women try to “hide” their pregnancy as long as possible.

This is done for various reasons. Some people think that they will surely be fired, others are afraid of being deprived of additional payments and bonuses, others do not say anything, simply for superstitious reasons. All these fears are unfounded. On the contrary, they deprive a pregnant woman of all kinds of privileges that her position carries and is rightfully hers. The employer is not entitled to:

1. To dismiss this category of employees or to lay them off.
2. Transfer them to easier work and at the same time reduce wages.
3. Refuse to shift the work schedule (this applies to the beginning and end of the work shift).

You should always be prepared for the fact that the leadership may behave, to put it mildly, "unfair". Ignoring the laws that protect expectant mothers, bosses are looking for ways to get rid of such a "burden".

A woman is offered to a woman to switch to a lower rate in order to save money, is sent at her own expense and even offered to quit. Noticing such an attitude towards yourself, you should not be afraid and despair. Learn your rights and stand up for them boldly. In case of violation of the law, the employer is responsible.

How do I report pregnancy?

Before you give important news to your boss, you need to prepare in advance. There is no guarantee that this message will be received positively. Do not be offended in case of such a reaction. Set yourself up on a positive note, do not make a scandal, do not threaten, and try to discuss the issue in a calm and friendly manner.

When planning to stay at work and then go on maternity leave, it is best to inform management beforehand. After all, sooner or later it will need to be done. Don't wait until your "secret" becomes too obvious.

The boss will perceive the silence as a deliberate deception and the attitude towards you is unlikely to become positive. From the experience of such cases it is clear that it is better to settle all issues in a timely manner. It is irresponsible to bring the situation to self-distrust, thereby aggravating the situation in the team.

Don't think solely about your own benefits, because the boss must prepare for your departure. And this takes time. Timely awareness will allow you to select a person in your place in advance.

Restrictions during work

What rules should a pregnant woman follow at work during the period of carrying a baby?

• Avoid excessive physical exertion.
• Eliminate situations that cause nervous stress and depression.
• It is contraindicated to be in one position for a long time (sit or stand), to come into contact with toxic and chemical substances in your activity.
• It is imperative to take a break during the work shift.
• Work is shown no more than forty hours a week, and only in the daytime.

The workplace in the office should not be located near heaters, fans, in a draft, near an air conditioner, near printers, copiers and other equipment.

Documents for registration of the decree

Women who are officially registered under an employment contract need not worry. All payments are made by the organization in which you are listed at work. The rest of the expectant mothers will have to contact the appropriate structures, namely, the Department of Labor and Social Protection of the Population (UTSZN) according to the registration of the place of residence or actual residence.

Having made sure of your position, do not delay the appeal to the antenatal clinic, where you will be taken for medical supervision. Here they must issue a certificate, which is subsequently handed over to the personnel department for registration of leave associated with bearing a child and future childbirth. In addition, benefits will be paid on the basis of this document. When calculating it, the average earnings for 180 days of previous work are taken into account. Including bonus payments, travel allowances, additional payments and vacation pay are taken.

When deciding to recover from work, even if a sick leave was issued, maternity money is not paid. The law does not provide for parallel financing of wages and benefits.

Persons engaged in entrepreneurial activities are paid by the social insurance fund by decree. Students and unemployed people apply for payments to the Department of Social Security.

Rights of working mothers

Basically, all women, being pregnant, are quite sure that they can master the volume of official duties. But in reality they do not always succeed. If you realize that you are not coping, do not hide this fact. Talk to management about ways to reduce the workload and eliminate the most difficult responsibilities. You can ask for help if you do not have time to do something. Surely the bosses will not mind.

The health issue of the mother and the future baby should come first. And overworking during the period of bearing a child is extremely dangerous. Therefore, even with a slight deterioration in the condition, fatigue or the appearance of questionable symptoms, the best thing to do is to suspend work for a while.

A pregnant woman who is employed may:

• Stay on sick leave for an unlimited number of days.
• To demand from the management to reduce production standards or transfer to a site with lower loads (without changes in wages).
• Raise the issue of reducing the length of the working day.
• Do not work at night, in excess of the established standards, on weekends and holidays.
• Refuse business trips.

The workplace is retained for the entire period of stay on postnatal sick leave and parental leave. The employer does not have the right, without consent given, to lay off or fire a pregnant woman. If the company is liquidated or is declared bankrupt, the management is authorized to dismiss such an employee, and her subsequent employment is mandatory.

Sitting position

If your job requires constant sitting, then it won't be superfluous to know some rules:

• You need to sit in a comfortable chair with armrests and a back.
• The height of the chair is adjusted so that the feet rest completely on the floor, while the bent legs create a right angle.
• It is necessary to take breaks from work every 45 minutes and get up from the workplace to walk and do exercises.
• When you are sitting, you should not cross your legs. In this position, blood circulation in the small pelvis is disturbed.

During pregnancy, the load on the spine increases significantly as the uterus grows. Incorrect posture while sitting on a chair aggravates the load, and also leads to pathological processes in the pelvic organs. Prolonged sitting, in the absence of interruptions, contributes to the development of hemorrhoids.

Pregnancy and computer technology

Many expectant mothers are concerned about the safety of working at the computer during the period of carrying a child. If the job requires the use of a computer, will it harm the baby? After all, performing office functions can be spent in front of the monitor all day.

For many years, experts have been trying to determine how dangerous a computer is for a woman expecting a baby. Repeated studies were carried out, statistical records were kept of pregnant women, whose job is to constantly be at the computer, the percentage of pathologies in the development of the fetus and spontaneous abortions was determined. Fortunately, no connection has been established between possible miscarriages and computer work.

It is worth noting that the technique is being improved at an incredible speed and these are not the same machines that were produced several decades ago. Then, in order to protect yourself, it was necessary to use protective screens from electromagnetic radiation. Despite this, it cannot be said with certainty that prolonged exposure to a computer screen during pregnancy is absolutely safe.

You need to sit in front of the monitor in the correct posture, with your back straight and at the optimum permissible eye distance from the monitor. It is important to take breaks from work. Be aware of dangers such as physical inactivity and blurred vision.

Pregnancy and Labor Code

Awareness of the issue of "pregnancy and work" helps women in the position of employment.

• A woman is able to work for the first six months of pregnancy. Very often the employer refuses this category in admission to work. Thus, he relieves himself of the problems associated with the payment of maternity money and vacation pay.
• It is important to know that this is illegal unless there are other compelling reasons.
• You must be accepted into the state, and without assigning a probationary period.

Knowing clearly about your rights, you can easily develop a strategy of behavior in a team. The Labor Code is designed to protect individuals and their rights to work and rest. Women carrying children are no exception. This is not to say that absolutely everyone likes these laws. Nevertheless, we are obliged to comply with them. It will take a certain amount of courage to defend your positions. And remember - the law is on your side.

You can plan a decree from the seventh month of pregnancy. The doctor in charge of your pregnancy will issue a certificate. It will indicate the term of your position and the expected date of birth. The duration of prenatal leave is 70 days, in case of multiple pregnancies, it is extended to 84 days. After childbirth, according to the law, 70 days of sick leave are prescribed if the birth took place without complications. If problems arise with delivery, a woman is disabled for 86 days, and 110 - if twins are born.

At the end of the period of prenatal and postnatal sick leave, an application is written for the provision of leave to care for the baby, until he reaches the age of three years. For this entire period, the organization retains a job for you. Also, the maternity period is included in the insurance experience. You can go to work without waiting for the end of the three-year break. But, in such a situation, the financing of the benefit will be suspended.

Time to rest

For women in an “interesting position,” there are also benefits regarding vacation. Before going on sick leave before childbirth, the employer should not create obstacles and provide the employee with annual and additional leave without taking into account the period worked at the enterprise for the current year.

After all, after sick leave, most often, women go on parental leave and can no longer use the opportunity to “take a day off” the days prescribed by law. This technique is widely practiced in government agencies.

Payments at the birth of children

According to the current legislation, both working women and those who are not employed are entitled to receive benefits. If a woman expecting a baby is formalized at work by an employment contract, then the allowance will be provided at the place of her work. The basis for this is a certificate of incapacity for work issued by a medical organization. The amount of payments is one hundred percent of the salary. The rest of the fair sex applies for registration assistance in social security for registration.

To apply for money, you must provide the following documents:

1. An approved form from the hospital.
2. Application of the established form.
3. Help from the place of work, study, service.
4. Individual tax number, passport, work book.
5. Document from the employment center (if you are looking for a job and for this you have submitted documents to the employment service).

The benefit should be applied for within six months of the end of the pregnancy and childbirth leave.

The Labor Code prohibits denying employment to women in position. The rights of pregnant women at work are also protected. In particular, the law does not allow setting a probationary period for them when hiring, dismissing them on the initiative of the employer, except for cases stipulated in the law, provides for a number of other benefits.

Rights and benefits of pregnant women in employment

Article 64 of the Labor Code of the Russian Federation regulates the rules for concluding an employment contract, prohibiting restricting a person's right to get a job according to any criteria, including due to pregnancy or small children, except for business qualities.

The Labor Code protects expectant mothers and provides them with a number of benefits when hiring. In accordance with article 70 of the Labor Code of the Russian Federation, pregnant women must be employed without a probationary period.

When employing a woman, the employer has no right to refuse her employment if she is pregnant. Also, he should not be interested in whether she is pregnant at the time of employment. It is possible not to hire a mother-to-be if the level of her qualifications is insufficient or does not meet the requirements for the job for which the pregnant woman applies.

If a woman realizes that she is being denied on a far-fetched pretext, she has the right to ask for a refusal in writing. You can subsequently contact the labor inspectorate or the court with him and prove that there was a bias of the employer and an unjustified refusal of employment.

In practice, this is not so easy to do. Employers, knowing about the requirements of the law, try to get around them so as not to fall under penalties. Therefore, do not just ask for a written refusal, but state your request on paper and register with the director's secretary as expected, with the assignment of an incoming number and with registration in the journal of appeals.

Rights of pregnant women at work

The rights of pregnant women at work are protected by the Labor Code. She cannot be dismissed even under Article 81 of the Labor Code of the Russian Federation for violation of the labor schedule, absenteeism or other violation.

The following video covers the rights and benefits of a pregnant woman at work.

Benefits of working expectant mothers

According to the law, a working woman, preparing to become a mother, can take advantage of special benefits provided by law. Not all women know the law well, and employers often take advantage of this. In order not to lose the required privileges, you need to remember the following:

Transfer to another position

If a pregnant woman cannot fulfill her previous duties, the employer must offer her another job. Part 3 of Art. 261 of the Labor Code of the Russian Federation, this can be not only a job that corresponds to the qualifications of an employee, but also a lower-paid and lower position, as well as all vacancies that are suitable for a woman for health reasons and are located in a given area.

1. The pregnant woman should be provided with easy labor. The expectant mother has the right to ask for a transfer to light work. This is done in a declarative form. A medical certificate on the need for translation can be attached to the application. It is given by the doctor of the antenatal clinic. It indicates which specific work is contraindicated. For example, lifting weights, working in rooms with high humidity, etc. If a woman is transferred to light work, she retains the average earnings that she had in her previous position.
   A pregnant woman has the right to switch to part-time work according to the Labor Code of the Russian Federation. How many hours her working day will last, the manager sets. Payment must be made for the hours actually worked.
2. A pregnant woman is released from work on weekends, holidays, days. She should not be attracted to work at night or overtime.
3. A pregnant woman has the right to take annual labor leave in advance before or after maternity leave. Every employee has the right to receive paid leave once a year. You can take it after working for at least 6 months. This rule does not apply to expectant mothers. As regulated by the labor code of the Russian Federation, pregnant women can take annual paid leave after working any amount of time. You cannot call a pregnant woman to work from vacation ahead of schedule.
4. A pregnant woman cannot work on a rotational basis. The Labor Code of the Russian Federation of 2018 for pregnant women, in article 298, restricted the possibility of working away from their permanent place of residence.
5. A pregnant woman has the right to leave work to see a doctor for regular check-ups. If the pregnancy is multiple, or the gestation is complicated by various problems, systematic examinations, tests, etc. may be required. A woman must be released from work during a visit to the clinic while maintaining wages.
   After the expectant mother takes a certificate from the medical institution confirming her condition and registers it in the personnel department, she is required to allocate time as needed to visit the doctor.
6. A pregnant woman should receive additional breaks during work. She also cannot be transferred to another job without consent, unless it is a transfer to light labor.
7. A pregnant woman has the right to receive paid maternity leave. In the usual case and a normally proceeding pregnancy, a woman has the right to write an application for the provision of paid leave for her in the BiR within 30 weeks. If the pregnancy is multiple, the law allows you to take leave at 28 weeks. If a woman lives in areas with a status of environmentally unfriendly, she is allowed to go on BiR leave at 27 weeks. Thus, depending on the circumstances, the duration of the BBR vacation can be 140, 156, 160 or 194 days. If the birth was complicated, another one for 16 days will be added to the sick leave for 140 days. The doctor of the maternity hospital will issue him.

In addition to the pregnant woman, her husband also has benefits. At his request, the employer is obliged to provide him with annual leave for the period when his wife is on maternity leave. Moreover, it does not matter what his experience of continuous work at this enterprise.

BiR leave is granted on an application basis. We will tell you in more detail what this means and why you need it. Having written an application for leave for BiR, and attaching a sick leave to it (Article 255 of the Labor Code of the Russian Federation), the expectant mother hands these documents to her employer (when the employer should inform about pregnancy, read here). The calculation of the vacation allowance begins. And here it may turn out that it is not profitable for a pregnant woman to go on vacation, because she will lose her salary. The fact is that women receive all maternity payments at their place of work, but the Social Insurance Fund allocates funds to pay them to the employer. The possibilities of the Fund are not unlimited, therefore, when calculating the amount, the value of the basic marginal income was entered. The amount of vacation pay for BiR depends on the size of the maternity's average daily earnings for 2 years preceding the year of maternity leave.

When the average daily earnings are calculated, it is necessarily compared with the value of the maximum average earnings adopted by the legislator for the current year. If a woman's earnings exceed the statutory value, the base is taken to calculate the benefit.

You can watch the calculation of the BIR benefit in this video

That is why it is unprofitable for some expectant mothers, whose income is higher than the baseline established by law, to go on maternity leave for a long time. The law provided for the possibility of such situations. Therefore, taking leave for BiR is a voluntary affair of the employee herself.

She has the right to continue working until the day of birth and only take the postpartum part of the leave. The next stage, registration of parental leave for a child under 3 years old, a young mother may also not use. She has the right to go to work, and her father, grandmother, or other working relatives can take leave to care for the newborn. Look for material on the design of maternity for a husband by the link

The expectant mother needs to remember what rights a pregnant woman has at work, whether she is entitled to benefits under the law, and in case of misunderstanding or unreasonable actions of the head, refer to the article of the Labor Code.

If the requirements of the pregnant woman are legal and she knows all her benefits and rights, the employer will not break the law. Failure to comply with the rules threatens him with serious sanctions (Article 145 of the Criminal Code of the Russian Federation).

Pregnant woman's rights upon dismissal

Additionally

If the rights of a pregnant woman were nevertheless violated, it is necessary to defend them, relying on the law. This can be done in several ways. First, you need to write a statement addressed to the manager with a reference to the articles of the law and the requirement to comply with them. If this does not work, then it is worth writing a complaint to the State Labor Protection Inspectorate and (or) to the prosecutor's office. An extreme measure will be going to court, but no later than 3 months from the date of violation of rights.

A pregnant woman cannot be fired at the initiative of the employer. It is also impossible to try to get around the law prohibiting dismissal and come up with some kind of violation or find fault with the employee and accuse her of poor-quality work. Article 81 of the Labor Code of the Russian Federation, regulating the dismissal of workers for disciplinary violations, prohibits the dismissal of pregnant women, no matter what offense they have committed.

A pregnant woman can be dismissed only if the organization is liquidated and the individual entrepreneur is closed. More information about the dismissal of the maternity in the liquidation of the enterprise - here.

The Labor Code of 2018 sets out certain rules for dismissal for pregnant women at the initiative of the employer. This can only be done when the enterprise where the woman is working is liquidated. Upon dismissal, she will receive a salary for the hours actually worked, compensation for unused vacation, job loss allowance and maternity payments to the FSS or the social security department.

Also, you can fire the expectant mother:

• if her work proceeds in difficult conditions and transfer to light work within the framework of this organization is impossible;
• by agreement of the parties;
• at will.

If a woman gets a job under a fixed-term employment contract (issued for a period of not more than 2 months) and is pregnant by the time of dismissal, she can be fired only a week after she gives birth to a child and starts work again. You can learn about the extension of a fixed-term employment contract from the article

In a disputable situation, remind the employer of the articles of the Labor Code of the Russian Federation for pregnant women that give them rights and benefits:

1. Art. 64 of the Labor Code of the Russian Federation guarantees the expectant mother the conclusion of an employment contract.
2. Art. 70 of the Labor Code of the Russian Federation prohibits testing a pregnant woman in order to verify her compliance with the work received.
3. Art. 255 of the Labor Code of the Russian Federation says about the granting of leave for BiR for at least 140 days.
4. Art. 261 of the Labor Code of the Russian Federation prohibits the dismissal of pregnant women.

You can ask questions about the rights of pregnant women at work in the comments to the article

otdelkadrov.online

It's no secret that a woman experiences strong emotional changes in the early stages of pregnancy. Often, her mental discomfort is caused by thoughts about how to voice the news about the event to the management and colleagues at work, how to tune in to the upcoming changes in her career, the financial component in terms of income and expenses. And if a woman is looking for a job, is it worth talking about pregnancy at interviews and can this fact influence the decision? We will try to answer these and other questions in this article.

Labor law for women "in position"

How does 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 facilitating a 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 woman's workplace: nuances

A ventilated room, calm, soft lighting, including natural, optimal microclimate (air temperature, relative humidity), absence of barometric pressure drops - these are just some of the basic conditions that an expectant mother needs at her workplace for a calm pregnancy. This should also include the lack of a number of innovative technical equipment, modern copying, duplicating office equipment, PCs.

According to clause 13 of SanPiN 2.2.2 / 2.4.1340-03, a pregnant woman is contraindicated to work at a computer. If, in the conditions of office employment, the computer is not abandoned, then the time spent at it should be reduced to three hours per shift.

Is part-time work possible?

Labor law, subject to evidence and by agreement with the employer, provides a woman with the opportunity to perform her official duties not for a whole working day (week), but for a shortened one. In this case, the work of pregnant women will be paid for the actual hours worked or the amount of work performed. A reduction in the working day should not be reflected in any way on vacation, length of work, insurance experience.

How to behave at work if you need frequent visits to doctors?

The rights of pregnant women at work are also protected, if necessary, to visit doctors during working hours. The norm of the law states that if a dispensary examination is necessary, which is mandatory and includes visits to doctors and laboratory diagnostic tests, a woman, with an appropriate pregnancy certificate, should be given time to visit an antenatal clinic and an average salary charged. The employer is not entitled to oblige a pregnant woman to work, as well as to deduct from her salary the time of her absence in cash.

Harmful production factors

The Labor Code of the Russian Federation states that in the presence of negative production factors that are harmful and dangerous for the well-being of the woman and the health of the future baby of working conditions, on the basis of the doctor's opinion, a pregnant woman has the right to send an application to the employer with a request to consider the possibility of reducing the norms of production and maintenance or transferring her to a new one. work, the so-called light labor. If a lower-paid position appears, the resulting difference in salaries should be compensated for the woman. If it is necessary to wait for a position corresponding to her position, the employer needs to protect the pregnant woman from harmful factors while maintaining and paying her the average salary for all days of forced downtime.

The "Hygienic Recommendations for Rational Employment of Pregnant Women" adopted by the State Committee for Sanitary and Epidemiological Supervision and the Ministry of Health of Russia in 1993 define a list of working conditions hazardous to women's health. Among them: noise that does not meet the standards of dryness and humidity of the air, contact with chemicals, toxins, aerosols, ionizing radiation, lifting weights, long-term work, for example, in a sitting position, etc.

Also, pregnant women are contraindicated in shifts, business trips, overtime, piecework, assembly line work, work at night, on weekends and holidays.

Guarantees regarding going on annual paid vacation

The labor rights of a pregnant woman are also protected in terms of rest. So, the representative of the employer is prohibited from recalling a pregnant woman from vacation, even if there are valid reasons for that. A pregnant woman's right to rest cannot be compensated for in monetary terms. If there is a part of the unchecked vacation, the expectant mother has the right to use it before she goes on maternity leave, regardless of the existing vacation schedule, and also if she has worked at the new place of work for less than six months.

Leave may be granted regardless of the length of service in this job immediately after the end of maternity leave or parental leave. For both parents, it may also be important that during the period of the spouse's stay on maternity leave, the spouse has the right to apply for another paid leave, even if he has been working for less than six months.

Maternity leave

The rights of pregnant women at work are also protected in terms of the provision of rest days before and after childbirth. All pregnant women are sent on maternity leave. With normal obstetrics, it is 140, with complicated - 156, for mothers of twins or triplets - 194 calendar days. May be a direct continuation of the annual paid leave without going to work. Subject to 100% advance payment 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?

Quite scrupulous, "sick" for a pregnant woman should be considered the issue of dismissal from work. The Labor Code of the Russian Federation firmly protects the interests of the future woman in labor. In accordance with the labor guarantor, the employer does not have a direct opportunity to terminate both a fixed-term and an open-ended employment contract with a pregnant woman. For a woman on maternity leave, a job is mandatory, with the calculation of work and insurance experience.

The relationship between an employee and an employer under an open-ended employment contract causes less anxiety and is less painful. But the dismissal of a pregnant woman, whose fixed-term contract ends during pregnancy, on the initiative of the employer's representative also cannot take place. The employer must renew the contract until the end of the pregnancy if there is a corresponding statement and an official medical certificate confirming the "interesting situation". The employer can request this certificate every three months. If the fact of the end 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 suspects that there may be dissatisfaction with her at work, it is better, as soon as she registers for pregnancy and childbirth in a medical institution, to submit her to the HR department for registration and receive a copy of the document with a mark of acceptance.

To the question of whether a pregnant woman can be fired for non-performance of her official duties, the answer is also unequivocal: "No!" As a measure of punishment, there can 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, it is also impossible to lay off a pregnant woman! However, a pregnant woman has the right to write a letter of care on her own initiative.

Exceptions to the rule

The law allows you to dismiss a pregnant woman in case of liquidation of an enterprise, closure of an individual entrepreneur. 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.

Rights of the expectant mother when applying for a job

What to do in situations when a woman, while looking for a job, finds out about pregnancy? On the basis of the Labor Code of the Russian Federation, pregnant women have every right to get a new job. If all the qualification requirements are met, the employer's representative cannot refuse to hire a pregnant woman. A negative decision by the employer will be valid only in cases of non-compliance with the requirements or restrictions for candidates to apply for a job. In cases of employment, no one has the right to ask a woman for certificates from doctors, receipts confirming the absence of pregnancy.

There is one more subtle point: when applying for a job for 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 accepted the woman for a probationary period, then he will not be able to dismiss her, even if the probationary period has not been passed.

If a 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 a consequence of refusal to find employment. The requirement of the employer's representative to renew the registration is also unlawful.

The rights of a pregnant woman are violated. What to do?

If a pregnant woman is faced with a violation of labor legislation, and the existing conflict was not resolved peacefully, she has the right to apply to the labor inspectorate, the courts, providing the necessary package of documents confirming the fact of the violation. In particular, the Criminal Code of Russia protects the rights of pregnant women at work regarding dismissal or refusal of employment.

Based on the results of the court proceedings, the employer's decision may be declared illegal, he will be brought to pay a fine, compulsory work, and the woman will be restored to her rights.

BusinessMan.ru

Pregnancy is a special condition that requires not only support from loved ones, but also from the state. After all, a woman in such a situation is not only very vulnerable, but also needs help, both moral and financial.

That is why at the state level a number of benefits and guarantees are provided for pregnant women, the purpose of which is to create the most favorable conditions for carrying and giving birth to a baby.

The legislative framework

At present, the demographic program in Russia is one of the leading areas, because an increase in the birth rate in the country leads not only to an increase in the working-age population in the future, but also to the development of new economic areas, and therefore an increase in GDP due to young specialists who are just about to be born ...

That is why in order to increase the birth rate, as well as to create the most optimal conditions for carrying babies for expectant mothers, a number of benefits and guarantees are provided at the state level.

In particular, in 2018, pregnant women they have a right on:

• financial support in the form of several types of benefits on the basis of Federal Law No. 81;
• free provision of medical care, as well as some types of drugs in compliance with the provisions of Article 41 of the Constitution of the Russian Federation and the Order of the Ministry of Health and Social Development of the Russian Federation No. 662;
• social benefits approved by regional legislation;
• labor benefits, in the order of application of the norms of labor legislation of the Russian Federation.

Cash payments and other material assistance

At the legislative level, for pregnant women, the following types of financial security:

1. In accordance with Article 9 of Federal Law No. 81, women are entitled to a one-time allowance for registration in early pregnancy, namely up to 12 weeks from 600 to 1000 rubles. At the same time, both working women and the unemployed, as well as female students, will be able to count on this type of allowance, subject to the submission of a certain package of documents, namely an application, a certificate confirming registration from a medical institution and a passport.
   Documents must be submitted within 6 months from the date of registration at the place of work, to the department of social protection of the population or to the FSS, and the payment of benefits will be made within 10 days at the place of work or by the 26th day of the next month in the FSS or social authorities. protection.
2. On the basis of Article 6 of the Federal Law No. 81, after the birth of a child, women are entitled to a pregnancy and childbirth allowance, the amount of which depends on whether the woman works or not, since the basis for calculating the allowance is a certificate of incapacity for work, drawn up in the manner of clause 46 of the Order of the Ministry of Health and Social Development No. 624n ... That is, if a woman works, the payment of benefits is made in the amount of 100% of earnings for a period of 140 days to 194 days (with multiple pregnancies) in accordance with Article 11 of the Federal Law No. 255, if she does not work or study, then in the amount of the minimum wage, which in 2018 is at least 7,000 rubles.
   This type of benefit can be counted on by all women living in the Russian Federation and subject to social insurance, that is, both citizens of the Russian Federation and foreigners, but only upon submission of a certain package of documents, in particular, an application, a sick leave, a certificate of wages for the last two years at the place of work or to the social protection authorities within 6 months from the date of the end of the pregnancy leave.
   Only women who have given birth to a child or adopted in the manner prescribed by law can count on this type of benefit. In the event that a woman, having received a sick leave, continues to work, the benefit will not be paid, because by law, double payment for the same period is prohibited.
3. In accordance with Article 11 of the Federal Law No. 81, one of the parents or the guardian of the child or the adoptive parent is entitled to a one-time allowance for the birth of a child in the amount of 16 350 rubles. Moreover, both citizens of the Russian Federation and foreigners, as well as working and not working mothers, students and military personnel, can again count on this type of allowance, provided that a certain package of documents is submitted within six months from the moment of birth of the crumbs in the manner of Article 17.2 of the Federal Law No. 81.
   On the basis of clause 5 of Order No. 1012n, in order to receive benefits, you need to apply at the place of work or to the social protection department with a package of documents, which includes: a birth certificate, a passport, a birth certificate from the registry office. After submitting all the documents, the allowance will be calculated and issued to the woman after 10 days.
4. According to the norms enshrined in Article 13, women are also entitled to an allowance for caring for a baby, which is paid monthly from the moment of his birth until reaching the age of one and a half years in the amount of 3142 rubles. This type of benefit, as a rule, is assigned to a mother who has taken out maternity leave, although in accordance with Article 256 of the Labor Code of the Russian Federation, any close relative or guardian, as well as an adoptive parent, can go on maternity leave, and therefore receive benefits. To receive this type of allowance, a mother or a person who will take care of the child must contact the place of work or, again, to the social protection department with a package of documents approved by law no later than 6 months from the date the child reaches one and a half years.

In addition to the above-described material support in the form of benefits, pregnant women are also entitled to generic certificate, put into effect and approved by the Order of the Ministry of Health and Social Development of the Russian Federation No. 701.

The agreed document, in fact, is a financial document by means of which the following are paid within the established limit medical services:

• prenatal observation;
• childbirth process;
• observation of the child in the first year of life.

A generic certificate is issued to all pregnant women upon registration of maternity leave, that is, for a period of 30 weeks, in the manner prescribed by Order of the Ministry of Health No. 370n and it can be used in any state-standard medical institution of the Russian Federation, for partial payment of services in the following size:

• 3000 thousand for supervision before childbirth;
• 6000 thousand for childbirth;
• 2000 thousand for the treatment of a child under one year old.

Also, in accordance with the norms of the law, pregnant and lactating women are provided with assistance and locally, based on regional legislation. In particular, in Moscow, in accordance with the Order of the Government of Moscow No. 292, the specified category of persons is entitled to free meals consisting of dairy products and vegetable purees, juices, which are issued in the presence of a medical certificate of the established form on the issue of specified products.

Provision of medical services

As a rule, a woman during pregnancy, even in the early stages, experiences malaise, which means that she needs medical care, as well as taking a vitamin complex, which is often quite expensive, which is why at the legislative level, in pursuance of the provisions of Article 41 of the Constitution of the Russian Federation on free On treatment, the RF Government Resolution No. 1273 was adopted on ensuring the monitoring of the course of pregnancy within the standard for the course of pregnancy and childbirth, approved by Order No. 662 of the Ministry of Health and Social Development of the Russian Federation.

So, on the basis of a stipulated legislative act, pregnant women they have a right for medical services of the following spectrum:

• diagnosis of violations of the course of pregnancy and the development of fetal pathologies;
• neonatal screening for 5 congenital diseases;
• Ultrasound of the fetus;
• blood tests;
• cardiogram and its interpretation;
• passing a full medical examination according to the plan;
• research for the presence of bacteria and microorganisms.

That is, in accordance with the plan, a woman, in fact, should be observed by a doctor, receive a full diagnosis, take all tests, in particular, blood and urine tests to determine the level of various components, as well as undergo routine medical examinations and ultrasound examinations in relation to herself. and fetus in accordance with the list of services approved by the Order of the Ministry of Health and Social Development of the Russian Federation No. 662.

Free medicines

Also, in the order of the Order of the Ministry of Health and Social Development of the Russian Federation No. 662, pregnant women have the right for free medication support, in particular, a vitamin complex including:

• folic acid;
• multivitamins;
• vitamin E;
• potassium iodide;
• iron.

On the basis of regional legislation, pregnant women can also be provided with other drugs free of charge if the woman's life or the fetus is in danger and emergency assistance is required or treatment is required to successfully carry a healthy child. Medicines are dispensed in accordance with the law only on prescriptions of doctors who supervise pregnancy in the amount specified in the prescription.

Benefits at work

Due to the fact that many women prefer to give birth to children only after they get on their feet, namely, they receive an education and find a job, in most cases, bearing the long-awaited crumbs coincides with working days, which implies a rather heavy physical and mental stress. That is why, in order to alleviate the hardships of pregnancy and for the full bearing of a fetus, at the legislative level, a number of labor benefitsestablished by the norms of the Labor Code of the Russian Federation.

In particular, pregnant women have the right to:

• the provision of annual leave before going on maternity leave, regardless of the length of service and the schedule of the sequence of vacations in the manner of Article 260 of the Labor Code of the Russian Federation;
• limiting the production rate, as well as manually moving heavy loads or performing work related to harmful or hazardous working conditions, in accordance with the norms of Article 253 of the Labor Code of the Russian Federation;
• transfer to light work due to the presence of adverse factors that can have a negative impact on the course of pregnancy on the basis of Article 254 of the Labor Code of the Russian Federation;
• exemption from business trips, overtime work and any overtime overtime on weekends and at night in accordance with Article 259 of the Labor Code of the Russian Federation;
• exemption from a probationary period for employment in accordance with Article 70 of the Labor Code of the Russian Federation;
• a ban on being refused employment in connection with pregnancy on the basis of Article 64 of the Labor Code of the Russian Federation;
• preservation of average earnings for the period of delivery of mandatory tests and scheduled inspections in accordance with Article 254 of the Labor Code of the Russian Federation;
• a ban on dismissal in accordance with Article 261 of the Labor Code of the Russian Federation.

Registration procedure

As a rule, a pregnant woman can receive benefits and guarantees enshrined at the legislative level only in state-standard medical institutions, for which, on the basis of the law, funding of some services is provided from the federal budget. That is, paid clinics will not provide free medicines or other services, and it will be impossible to compensate for the expenses due to the birth certificate, and women should be aware of this from the very beginning.

However, if a woman is registered in a state clinic, then she has the right to all of the above benefits, which for some reason doctors forget to inform future women in labor. After all, money to cover the cost of medical expenses is allocated in any case in the amount established by the limit, and not used funds are directed to the development of the hospitals themselves, therefore doctors do not inform pregnant women about their right to free medical care.

In such a situation, a pregnant woman needs to know her rights and defend them in accordance with the law. In particular, first you need to ask your gynecologist for a list of drugs that should be provided free of charge, as well as the presence of a local act in a medical institution that approved this list. If the doctor refuses, you can apply in writing to the head doctor or to the health department at your place of residence for clarification.

It will not be superfluous to stock up on a copy of legislative acts, which can be presented to the supervising doctor and ask for an explanation why the law is being violated and the necessary medicines, as well as dairy products, are not issued. It is also advisable to communicate with other pregnant women and, if necessary, write a collective complaint to the prosecutor's office about the provision of necessary medical services only on a paid basis. After being checked by the relevant authority, the medical institution will very quickly recall the rights of pregnant women and the benefits they are entitled to, given that the consequences of non-compliance with the legislation of the Russian Federation are quite severe.

For generic certificates, see the following video:

posobie-help.ru

Mama. An expert in the field of labor law, I defend rights and obligations. Psychologist-consultant, I work with parents with children with special needs.

Pregnancy is exciting. But it becomes especially exciting and alarming at work if a woman is subjected to pressure from an unscrupulous employer.

The law provides for exemptions for women during pregnancy, and it is important to ensure that all benefits are taken into account and pregnancy at work does not become stressful for you.

Therefore, declare your rights to the employer only in writing. Then, if they are violated, they can easily be restored in court.

So, 5 important rights of a pregnant woman at work.

First right: to continue working until the end of pregnancy.

An employer may not, on its own initiative, fire a pregnant employee.

The law provides for the termination of an employment contract with her only if:

Liquidation of the organization (not to be confused with the reduction of the number or staff of the organization);

Termination of activities by an individual entrepreneur;

A fixed-term employment contract concluded for the duration of the performance of the duties of the absent employee.

If everything is clear enough with the first two points, let's take a look at the position of an employee who works in the place of an absent employee under a fixed-term employment contract.

A fixed-term employment contract contains an indication of a specific period of validity or certain circumstances, upon the occurrence of which the contract will be terminated, for example: "A fixed-term employment contract was concluded during the absence of the main employee, II Ivanova."

And then the termination of the employment contract is indeed possible, but with the simultaneous observance of two conditions:

It is impossible to offer the employee another job before the end of her pregnancy that she can do in her position;

The main employee got down to work.

A pregnant employee can and should be offered both vacancies and lower or lower paid positions.

Please note that when concluding a fixed-term employment contract for other reasons (for example, during seasonal work or project activities), it cannot be terminated until the end of pregnancy. Therefore, the employer must, despite the reasons for the termination of pregnancy (birth of a child, miscarriage, termination of pregnancy), renew the fixed-term employment contract until its termination. In this case, the employer may require a certificate as a fact of confirmation of pregnancy, but not more than once every three months.

Second right: for light work.

For employees in position, it is preferable to perform lighter work. To exercise her right, an employee must write a statement in any form for transfer to light work and submit a medical report on the need for transfer to another job. Such a conclusion is issued by a doctor who observes a woman. In the conclusion there is a detailed description of what factors need to be excluded from her work.

There are serious labor restrictions for pregnant women: for example, lifting heavy weights, working in basements, in a draft, in conditions of wet clothes and shoes, in conditions of exposure to harmful industrial factors is prohibited.

You also need to know that every pregnant woman has the right to go to work on a reduced schedule. The law does not stipulate the exact number of working hours to which the working hours for the expectant mother should be reduced, so the issue is resolved by agreement with the employer. But keep in mind that in such a mode of work, wages will be reduced accordingly.

Please note that an employee who is expecting a baby cannot be recruited:

At night (from 10 pm to 6 pm);

Overtime;

On weekends;

On holidays that are non-working days;

And also send on business trips.

Third right: to take time off to see a doctor.

A pregnant employee has the right to take time off for appointments with doctors as needed. In the case of a complicated course of pregnancy, examinations by doctors, as well as laboratory tests, can be, if not daily, then very frequent.

The employer is obliged to provide the pregnant employee with the opportunity to undergo the necessary examinations without hindrance. At the same time, for the duration of such surveys, she retains the average earnings at the place of work.

In order to use this guarantee, you must present a certificate from a medical institution confirming pregnancy.

On those days when the employee needs to come to work later or leave earlier, a voucher for an appointment with a specialist can serve as proof of a doctor's visit. In order to avoid conflicts with the employer, it is better to keep coupons and present them as needed. In this case, the employer cannot accuse the pregnant worker of absenteeism.

It is important to remember not to miss a doctor's appointment, despite possible misunderstandings from colleagues or management.

Fourth right: to use the next annual leave.

For pregnant women, a preferential rule for the use of leave has been established: regardless of the length of service with the current employer, they can go on annual leave before going on maternity leave (which in the law is called maternity leave - BIR) or immediately after the end of the maternity leave.

Please note that a pregnant employee cannot be recalled early from vacation.

Fifth right: for the provision and payment of maternity leave.

As for maternity leave (the so-called decree), it is granted for a gestation period of 30 weeks. If the birth of two or more children is expected, then the woman goes on maternity leave two weeks earlier. The duration of the leave depends on the number of children and the severity of the course of labor and ranges from 140 to 194 days. The sick leave is drawn up by a gynecologist or obstetrician-gynecologist at the place of observation of a woman.

During this vacation, an allowance is due, which is paid immediately for the entire period of the decree upon presentation of the sick leave.

A pregnant employee has the right to continue working after reaching the 30th week of pregnancy, but it must be borne in mind that she will only be paid wages. The allowance will only be paid when the employee actually stops working and goes on maternity leave.

For example, the standard sick leave for pregnancy and childbirth is 140 days, but the employee continued to work for another 21 days, so the number of days to pay according to the BI will be: 140 - 21 \u003d 119 days.

It may be more profitable to work from a financial point of view if the wages are higher than the maximum amount of benefits due for the period of pregnancy and childbirth.

In 2016, the maximum amount of the allowance cannot exceed 248,164 rubles. (for the entire period of a standard vacation - 140 calendar days), that is, the average daily earnings must be equal to or exceed 1,772.60 rubles.

Registration of work upon reaching the deadline of 30 weeks occurs at the written request of the employee with the obligatory presentation of a sick leave.

And remember: no one has the right to refuse you if you want to continue working or exercise any of the above rights. Do not forget, too, that your place is reserved for the entire time you are absent from work. Try not to get involved in the discussion of your situation, various disputes and possible manifestations of dissatisfaction with colleagues or superiors.

The main thing to pay attention to is your health and the health of your baby.

Pregnancy is a special condition that requires not only support from loved ones, but also from the state. After all, a woman in such a situation is not only very vulnerable, but also needs help, both moral and financial.

That is why at the state level a number of benefits and guarantees are provided for pregnant women, the purpose of which is to create the most favorable conditions for carrying and giving birth to a baby.

The legislative framework

At present, the demographic program in Russia is one of the leading directions, because an increase in the birth rate in the country leads not only to an increase in the working-age population in the future, but also to the development of new economic areas, and therefore an increase in GDP due to which is just about to be born.

That is why in order to increase the birth rate, as well as to create the most optimal conditions for carrying babies for expectant mothers, a number of benefits and guarantees are provided at the state level.

In particular, in 2019, pregnant women they have a right on:

• financial support in the form of several types of benefits on the basis of Federal Law No. 81;
• free provision of medical care, as well as some types of drugs in compliance with the provisions of Article 41 of the Constitution of the Russian Federation and the Order of the Ministry of Health and Social Development of the Russian Federation No. 662;
• social benefits approved by regional legislation;
• labor benefits, in the order of application of the norms of labor legislation of the Russian Federation.

Cash payments and other material assistance

At the legislative level, for pregnant women, the following types of financial security:

In addition to the above-described material support in the form of benefits, pregnant women are also entitled to generic certificate, put into effect and approved by the Order of the Ministry of Health and Social Development of the Russian Federation No. 701.

The agreed document, in fact, is a financial document by means of which the following are paid within the established limit medical services :

• prenatal observation;
• childbirth process;
• observation of the child in the first year of life.

A generic certificate is issued to all pregnant women upon registration of maternity leave, that is, for a period of 30 weeks, in the manner prescribed by Order of the Ministry of Health No. 370n and it can be used in any state-standard medical institution of the Russian Federation, for partial payment of services in the following size:

• 3000 thousand for supervision before childbirth;
• 6000 thousand for childbirth;
• 2000 thousand for the treatment of a child under one year old.

Also, in accordance with the norms of the law, pregnant and lactating women are provided with assistance and locally, based on regional legislation. In particular, in Moscow, in accordance with the Order of the Government of Moscow No. 292, the specified category of persons is entitled to free meals consisting of dairy products and vegetable purees, juices, which are issued in the presence of a medical certificate of the established form on the issue of specified products.

Provision of medical services

As a rule, a woman during pregnancy, even in the early stages, experiences malaise, which means that she needs medical care, as well as taking a vitamin complex, which is often quite expensive, which is why at the legislative level, in pursuance of the provisions of Article 41 of the Constitution of the Russian Federation on free On treatment, the RF Government Resolution No. 1273 was adopted on ensuring the monitoring of the course of pregnancy within the standard for the course of pregnancy and childbirth, approved by Order No. 662 of the Ministry of Health and Social Development of the Russian Federation.

So, on the basis of a stipulated legislative act, pregnant women they have a right for medical services of the following spectrum:

That is, in accordance with the plan, a woman, in fact, should be observed by a doctor, receive a full diagnosis, take all tests, in particular, blood and urine tests to determine the level of various components, as well as undergo routine medical examinations and ultrasound examinations in relation to herself. and fetus in accordance with the list of services approved by the Order of the Ministry of Health and Social Development of the Russian Federation No. 662.

Free medicines

Also, in the order of the Order of the Ministry of Health and Social Development of the Russian Federation No. 662, pregnant women have the right for free medication support, in particular, a vitamin complex including:

On the basis of regional legislation, pregnant women can also be provided with other drugs free of charge if the woman's life or the fetus is in danger and emergency assistance is required or treatment is required to successfully carry a healthy child. Medicines are dispensed in accordance with the law only on prescriptions of doctors who supervise pregnancy in the amount specified in the prescription.

Benefits at work

Due to the fact that many women prefer to give birth to children only after they get on their feet, namely, they receive an education and find a job, in most cases, bearing the long-awaited crumbs coincides with working days, which implies a rather heavy physical and mental stress. That is why, in order to alleviate the hardships of pregnancy and for the full bearing of a fetus, at the legislative level, a number of labor benefitsestablished by the norms of the Labor Code of the Russian Federation.

In particular, pregnant women have the right to:

Registration procedure

As a rule, a pregnant woman can receive benefits and guarantees enshrined at the legislative level only in state-standard medical institutions, for which, on the basis of the law, funding of some services is provided from the federal budget. That is, paid clinics will not provide free medicines or other services, and it will be impossible to compensate for the expenses due to the birth certificate, and women should be aware of this from the very beginning.

However, if a woman is registered in a state clinic, then she has the right to all of the above benefits, which for some reason doctors forget to inform future women in labor. After all, money to cover the cost of medical expenses is allocated in any case in the amount established by the limit, and not used funds are directed to the development of the hospitals themselves, therefore doctors do not inform pregnant women about their right to free medical care.

In such a situation, a pregnant woman needs to know her rights and defend them in accordance with the law. In particular, first you need to ask your gynecologist for a list of drugs that should be provided free of charge, as well as the presence of a local act in a medical institution that approved this list. If the doctor refuses, you can apply in writing to the head doctor or to the health department at your place of residence for clarification.

It will not be superfluous to stock up on a copy of legislative acts, which can be presented to the supervising doctor and ask for an explanation why the law is being violated and the necessary medicines, as well as dairy products, are not issued. It is also advisable to communicate with other pregnant women and, if necessary, write a collective complaint to the prosecutor's office about the provision of necessary medical services only on a paid basis. After being checked by the relevant authority, the medical institution will very quickly recall the rights of pregnant women and the benefits they are entitled to, given that the consequences of non-compliance with the legislation of the Russian Federation are quite severe.

For generic certificates, see the following video: