Every modern woman should know the rights of pregnant women at work. Often they are rude and seriously violated. And a woman in a position does not always know that she is being infringed to one degree or another. Therefore, further we will consider all the features of the Labor Code of the Russian Federation applicable to pregnant women. What is a woman entitled to? What about the employer? How to fire a woman? When will this action be considered legal? The answers to all this and not only are provided by modern labor legislation.
Work Area Restrictions
Today, women work on a par with men. Nobody forbids them to build a career. Nevertheless, it is not possible to work in all areas of activity. The rights of pregnant women to work under the Labor Code are related to the rights of women. What is it about?
The thing is that women with children (or caring for a sick relative) can not work:
- on hard work;
- in places with harmful working conditions;
- in underground work;
- at night time.
The labor protection of pregnant women in Russia gives guarantees to the “weak” half of society that they will be able to work normally before maternity leave. If an employee is attracted to these areas of employment, you can complain to the labor inspectorate and refuse the proposed job.
Overtime work
Quite often in companies there are processing. In some cases, workers are sent on business trips. This practice is more and more common.
Under current law, pregnant women cannot be involved in overtime work, as well as sent on business trips. It is prohibited to call them to work on weekends and holidays. All such operations can be carried out only with the desire of a woman. Will must be recorded in a written statement of consent.
Light work
Not everyone knows the rights of pregnant women at work. But remembering what is guaranteed to a woman in a position or with a small child is simple.
During pregnancy and before the newborn reaches one and a half years, the mother may ask for a transfer to lighter working conditions. For example, for medical reasons.
The employer cannot refuse this right. He must find a suitable vacancy for the employee.
Until the pregnant woman has found an appropriate place of work, she has the right not to go to work. It is prohibited to suppress such an act. It is not considered truancy.
Important: downtime due to the fault of the employer must be paid. The average employee earnings will be taken into account.
Decree and work
The rights of pregnant women at work under the Labor Code are trying to comply. There are moments that are silent by employers. But everyone knows about such a phenomenon as a decree.
An employee awaiting replenishment in the family may demand maternity leave from the 30th week of the “interesting” position. It is called "maternity."
The duration of such rest from work depends on the course of pregnancy and delivery. Tentatively, you can count on:
- 70 days before birth and 70 after - normal pregnancy;
- 84 days before birth and 110 after them - multiple pregnancy;
- 86 days after birth - complicated pregnancy.
In the latter case, a decree prior to delivery will be offered depending on the situation. Vacation will be either 70 or 84 days.
A woman can refuse a decree before becoming a mother. This practice is not so rare in modern Russia. The days worked during pregnancy are not added to the postpartum period.
Important: the decree in the Russian Federation is paid. Payments depend on the amount of wages that an average woman in labor received at the company. In Russia, minimums and maximums of maternity compensation have been established.
Leave before childbirth
We got acquainted with the working conditions for pregnant women under the Labor Code. And what else needs to be remembered by the expectant mother?
A woman may require additional leave before the decree, after it, or after the period of caring for the baby. It is available at the request of the employee. It does not depend on the time of cooperation with the applicant. A similar right is prescribed in article 166 of the Labor Code of the Russian Federation.
Baby care
According to the Labor Code of the Russian Federation, the work of pregnant women is seriously protected. And the presence of a woman in the company in a position gives the employer a lot of trouble. Especially if a woman decides not to quit before becoming a mother.
Each employed mother has the right to leave to care for a baby up to 3 years old. After that, you will either have to go to the company or quit. It is impossible to extend the period of rest from work. Only if you have a baby again.
The following is entitled to a leave to care for a newborn:
- any of the parents of the baby;
- close relative (grandparents).
The main thing is to remember that only one person can exercise the right to rest from work. If a woman has already requested it, the father will lose this opportunity. In real life, most often it is women who care for newborn babies.
The time for caring for a newborn is paid. As a rule, the employee will receive 40% of his average earnings in the company for 2 years of employment.
Lactation and work
Sometimes it happens that a woman gives birth and goes out again to build a career. Pregnant rights at work include extra time for breastfeeding. As a rule, this “bonus” is offered to all newly made mothers, and not to those who are just preparing for childbirth.
According to the law, no less than once every 3 hours a woman must be provided with additional paid time for breastfeeding. At least 30 minutes are allocated for one child, for at least an hour for 2 or more.
This kind of right is reserved for a woman until the kids reach one and a half years. After this, you will have to abandon breastfeeding. In any case, the employer may not allow the woman to leave work additionally to feed the children.
Medical examinations
The rights of pregnant women to work under the Labor Code provide for the resolution of conflicts arising between a woman and an employer.
What to do if a woman needs to undergo a physical examination or go to a maternity welfare clinic? The employer must release her. If the authorities forbid you to visit a doctor, a woman can independently leave work. Only in the end she will have to attach evidence of the visit to the specialist. Otherwise, such an act will be regarded as truancy.
If a subordinate undergoes an annual medical examination, they should not only let her out of work, but also pay for the day of absence from the calculation of average earnings.
About earnings
Many are interested in how salaries are paid to pregnant women in light work. Will they pay less? Or can a woman expect to maintain a salary?
According to the Labor Code of the Russian Federation, when a woman is transferred to lighter working conditions, due to medical indications for pregnancy, earnings should be maintained. Only the average employee salary is taken into account.
Accordingly, the employer cannot transfer the girl to other working conditions and thereby reduce payments to her. This is a direct violation of applicable labor laws. The employee has the right to appeal to the labor inspectorate with a corresponding complaint.
Widespread use of female labor
The working regime of a pregnant woman is already known. It must comply with the established schedule and medical indications. Overtime work is prohibited.
In Russia, companies that make extensive use of female labor are increasingly found. By law, such firms must organize special feeding rooms, nurseries and gardens.
Also, the employer must provide workers with personal hygiene rooms. The relevant rules are indicated in article 172 of the Labor Code of the Russian Federation.
Abbreviation
Can a pregnant woman be fired from work? And cut it?
To begin with, we will deal with the reduction. This is not the most common type of termination of employment, but it does occur.
They cannot cut a woman in position. If you reduce the position in which she works, the employer will have to find a subordinate other place. It is not necessary to save money.
If a girl refuses offers due to reduction, her dismissal is allowed. But such an act will not be associated with reduction.
Dismissal of a woman
Can a pregnant woman be fired from work? What does labor law say regarding this issue?
Termination of the employment contract with the pregnant woman is allowed, but only in certain circumstances. The initiator of the process should be the dismissed. At the request of the employer, termination of employment will not work.
In other words, they cannot fire a woman in a position. This is possible if:
- the employee herself wanted to leave;
- between the parties entered into an agreement on dismissal;
- the girl refused the vacancies that she was offered with a reduction;
- the woman decided not to move to another place of work with the employer and the company as a whole.
It follows that you can’t just get rid of a pregnant woman. Moreover, “under the article”, under any circumstances, they cannot dismiss a woman who is waiting for addition to the family.
At the same time, persuading a woman to dismiss is also prohibited. Unfortunately, this practice takes place in Russia.
Company closure
The working conditions of pregnant women under the Labor Code should be consistent with the health status of the subordinate. Otherwise, she has the right not to go to work. Especially if previously the expectant mother wrote an application for a transfer to lighter working conditions.
What happens if a company is liquidated or business is closed? Perhaps this is the only reason for the dismissal of the employee in the position on the initiative of the employer.
The employee is notified in advance in writing about the event (2 months or more), and then carry out the corresponding operation. Such dismissal is not a violation. And in such circumstances it will not work to be restored to office. A company or individual entrepreneur simply ceases to exist.
Fixed-term employment contract
If a girl who is preparing to become a mother has been hired under a fixed-term contract or as a person who replaces an employee who has already gone on vacation / maternity leave, she can be fired.
In the second case, everything is simple - the old employee returns to the company, and the pregnant woman is dismissed or offered her a new place in the company. And what to do with the usual urgent agreement on cooperation?
A woman can write an application to extend the contract until delivery. If this does not happen, the boss may remove the employee from working under the law.
The order of dismissal
How is a pregnant woman applying for easy labor? Just like a dismissal request. You need to write an application and submit it to the personnel department. The employer will issue a transfer order. After that, you can get to work.
A more serious point is the dismissal. Therefore, we consider it in more detail.
If a pregnant woman wants to quit, she needs:
- Write a letter of resignation at will.
- Submit a request to the personnel department.
- Wait for the signing of the application.
- Work out 2 weeks.
- View the dismissal order.
- Take documents from the employer - a check sheet with money for hours worked, a work book, a medical book, income statements.
- Sign the delivery of documentation to the employee.
That's all. Now the woman will be fired without breaking the law. Termination of the contract at the initiative of the employer is extremely rare. Therefore, we skip this option.
Important: when writing an application for transfer to easy work, the employer needs to be notified about the pregnancy. This can be done by attaching help from the LCD.
Loopholes in the law
The rights of pregnant women at work may not always be respected. Sometimes the employer can quite lawfully dismiss the expectant mother or send her on a business trip / in inappropriate working conditions. When?
Then, when the "interesting" position of the employee is known only to her. If the employer is not notified of pregnancy, the woman loses all of the listed rights and guarantees. So, they can fire her and cut her.
The only thing the employer needs is to prove his ignorance. In the early pregnancy of a subordinate, such a task does not cause any trouble.
From the foregoing, it follows that a certificate from a gynecologist about pregnancy should be taken to the employer as soon as possible. Otherwise, no one can guarantee the observance of women's rights in the situation at work.