Not all representatives of the fair sex know what the labor code provides for pregnant workers and what benefits they can count on. However, this information can significantly help a woman carrying a child, because now she is responsible not only for herself, but also for the unborn baby.
For an employer, an employee's pregnancy always brings a lot of trouble. This is due to the fact that expectant mothers are entitled to various benefits and special working conditions. Even the work schedule of an employee in this position may differ from usual if there are compelling reasons for this, for example, medical indications.
Once pregnancy is established, a woman can legally receive certain benefits. Exactly what conditions are required for the expectant mother depends on her state of health and the place of work where the fair sex worked before becoming pregnant. It is very important for the employer to comply with all the conditions provided for by Russian legislation. Otherwise, such a situation may threaten the responsible persons with serious administrative and even criminal liability.
What does the law say?
In order to avoid conflict situations during the work process, each party must know what is required to be done in such cases by law. Even with a normal pregnancy, changes in the schedule are still possible. In addition, the expectant mother should be offered certain benefits that will help make the work process easier.
Russian legislation has introduced a number of special rules that help regulate the labor activities of pregnant employees. Despite the fact that some employers are hostile to this, such laws were adopted not to complicate their lives, but to preserve the health of the woman and the unborn child.
The main document that should be relied upon in this case is the Labor Code. Here is a whole list of norms, laws and regulations that will allow you to establish the correct work schedule for an employee in this position. Moreover, all laws apply to all employers and employees, regardless of the type of enterprise and their location. For some representatives of the fair sex there are also special benefits. They concern primarily those who work in hazardous enterprises, work with frequent business trips and night shifts.
Special laws also apply to those representatives of the fair sex who work in municipalities and in the public service. Future military mothers can also expect special privileges. For these cases, special legislation is provided, but sometimes provisions from the Labor Code are also used.
How to protect the labor rights of an expectant mother
In the event of disputes in labor relations between a pregnant woman and an employer, or violations of guarantees, one of the options for resolving them can be used:
- Prepare a written appeal and contact the trade union. This can be done if this organization exists.
- Apply with the relevant document to the labor inspectorate.
- Submit an application to the Labor Relations Disputes Commission.
- File a claim in court.
All actions must be supported by documentation. The employee's first step should be to try to resolve the dispute peacefully without going to court. If a woman is refused employment, the sanction provided for in Art. 145 of the Labor Code of the Russian Federation. In accordance with this article, a fine is imposed on the manager or community service is assigned.
It is necessary to carefully study the rights of pregnant women as prescribed in the Labor Code. This applies not only to pregnant women themselves, but also to business managers. Any violation of the rights of women carrying a child is fraught with serious consequences for the organization.
Rights and guarantees for employees in position
Expectant mothers who are officially employed have the opportunity to receive certain benefits:
- First of all, it should be noted that the employer does not have the right not to hire an employee for a suitable position who is in a position solely because of her condition.
- The second important right for a woman during pregnancy is the opportunity to receive maternity leave. At this time, the company must pay the employee certain financial assistance in the amount established by Russian legislation.
- For an expectant mother who is officially employed, there is a law that prohibits her dismissal. This also applies to the period of maternity leave. There can only be two options here. A woman in this position may be removed from her position due to a very serious violation of the work schedule or due to the liquidation of the enterprise.
- A woman in this position has the right to take paid leave at a time that is convenient for her. That is, she does not necessarily have to follow the sequence according to the schedule. At the same time, one should not forget about the employer’s obligation to send her on maternity leave at the 30th week of an employee’s pregnancy. The only exception may be a woman’s personal desire to continue working until childbirth.
- Separately, it is necessary to say about the work schedule of pregnant women according to the labor code. For employees in this position, it can be significantly changed. Moreover, in some cases, a reduction in working hours is provided for at the same salary. The opportunity to obtain a position with fewer responsibilities or with more favorable environmental conditions is also a privilege for a pregnant woman.
Dismissal and reduction
The dismissal of a pregnant woman is prohibited by the Labor Code of the Russian Federation. The only exception is
- disciplinary offense, that is, if there is dismissal under an article;
- the desire of the worker herself;
- liquidation of an organization or closure of an individual entrepreneur.
When dismissing under an article, a certain procedure must be followed: a disciplinary commission is assembled, which studies the circumstances of the case and decides whether the dismissal will be legal.
If an employment agreement or contract ends while a woman is on maternity leave, it is automatically extended, at the request of the employee herself.
If a pregnant woman is a temporary worker, upon returning from maternity leave she should be presented with all currently available vacancies in her profile, including lower-level ones.
Features of the work schedule for employees in this position
For representatives of the fair sex who are expecting a child, part-time work is one of the possible, but not mandatory, privileges. A woman can set a reduced work schedule on her own initiative. At the same time, she will receive a salary that corresponds to the amount of time worked. If the expectant mother does not want to lose her income, she can refuse a reduced work schedule. The employer does not have the right to force a different regime.
In this case, the woman must assess all possible risks for the baby. If there is a high probability that a regular working day will negatively affect the condition of the unborn child, you should exercise your right to fewer hours per week. Rest and peace of mind are very important for pregnant women, and money should not be a deciding factor here.
It should be noted that a woman’s desire to switch to a short working day does not deprive her of the right to go on the required paid leave. The expectant mother can still take time to rest when it is convenient for her. The duration and payment of vacation will not be changed. Moreover, an employee in this position has the opportunity to add her regular paid leave to her maternity leave. So the number of days will be increased by a month, or maybe more.
Responsibilities of the employer regarding the working hours of a pregnant woman
As for management, it is first of all required to fully respect all the rights of an employee who is expecting a child. According to the labor code, the working hours of a pregnant woman should be changed in accordance with her wishes. In this case, it is necessary not only to change the schedule and reduce the number of working hours per week, but also to take into account all the other benefits that are available to officially employed expectant mothers.
The employer’s task should be to strictly comply with all the rules that are prescribed in Russian Labor legislation. Therefore, management does not have the right to refuse a pregnant employee to reduce her working hours if this is her initiative. Even the fact that such a decision may have a negative impact on the work process cannot be a reason for refusal. Here you will have to look for reasonable compromises that will suit everyone. Alternatively, you can hire another part-time employee who will partially replace the pregnant employee.
There should not be certain points in the schedule of employees in this position:
- This primarily applies to night shifts. A woman can easily refuse them during pregnancy, as this is provided for in Article 96 of the Labor Code.
- In addition, the employer does not have the right to hire disabled employees to work on holidays and official days off. This is stated in Article 112 of the Labor Code of the Russian Federation.
- Overtime work is possible only on the initiative of the employee herself. But she can refuse additional hours, which is provided for in Article 99 of the Labor Law.
- Pregnant women are also not sent on duty, as Article 298 prohibits this.
What benefits are provided?
The Labor Code protects the rights of expectant mothers, including those who get a job during pregnancy.
Basic labor benefits for pregnant women:
Employment of pregnant women occurs without a probationary period (Article 70 of the Labor Code of the Russian Federation). An employer cannot refuse a job to an applicant because she is pregnant. Moreover, he cannot ask questions about her situation. The only reason for refusal to work is an insufficient level of qualifications for the position. If the reason for the refusal was a fictitious excuse, the woman can ask for a written answer and contact the labor inspectorate with it. Identification of an unreasonable refusal to provide employment will entail sanctions. An employer cannot fire a pregnant employee, including under Art. 81 of the Labor Code of the Russian Federation (for violating the schedule, absenteeism, etc.). The employer is obliged to provide a pregnant woman with light work upon presentation of an appropriate medical certificate
It is important that the certificate indicates specific restrictions on work activity. The employee is exempt from work on weekends and holidays, as well as on night and overtime shifts. A pregnant woman can take annual paid leave at any time. Even if it was not her turn, or she did not work for a certain period
For example, you can take a vacation before the start of maternity leave or immediately after it. Light work for pregnant women according to the Labor Code in 2019 implies a ban on working on a rotational basis (Article 198 of the Labor Code of the Russian Federation). A pregnant woman has the right to be excused from work duties on weekdays to undergo a scheduled examination. In the case of a difficult pregnancy and frequent examinations, it is necessary to take the appropriate certificate from the antenatal clinic and register it with the human resources department. If necessary, the employee may leave the workplace. Regardless of how many hours per day are actually worked, the employer is required to retain earnings for the entire day. In addition to the lunch break, the expectant mother has the right to receive short breaks during the working day. It is prohibited to transfer a pregnant woman to another position without her consent. An employer is required to provide a pregnant employee with paid maternity leave. The duration of the leave depends on the course of pregnancy and the complexity of childbirth.
Benefits may also be provided to the husband of a pregnant employee. Regardless of his length of service, he can take advantage of annual leave during his wife’s pregnancy and childbirth.
How to change work hours for a pregnant employee?
Considering that the special schedule is not mandatory, but is considered only on the initiative of the employee, she needs to inform management about her decision. To do this, you must write an application. At the same time, Russian legislation states that a pregnant employee can voice her decision at any time. It doesn’t matter what term she is in or how long she has worked in a particular company.
If an employer hires a pregnant woman for a position, he must immediately discuss the number of hours and work schedule. But a new employee can refuse these privileges if she wants to receive a higher salary. The expectant mother should have the opportunity to return to normal work at any time. So, if for health reasons a woman has to give up her usual schedule in any month, but in the future the condition stabilizes, she can work full time again.
According to the Labor Code, for pregnant women, the working hours may remain the same, but still, periodic adjustments are possible. For example, the schedule will have to be changed slightly, since after registering with a doctor, a pregnant woman will have to undergo numerous tests and visit a specialist at least once a month. For this purpose, special days must be included in the schedule. This should be taken into account, since the work of most medical institutions coincides with organizations and enterprises. Thus, visits to the medical office will take place during business hours. In no case should the employer consider the hours an employee is absent from work as absenteeism. It would be correct for a pregnant employee to notify her superiors in advance about her possible absence and obtain a doctor’s certificate, which is then provided to management.
Norms for a shortened schedule in pregnant women
Despite the fact that Russian Labor legislation provides for a special work schedule for pregnant employees, this does not mean that they can work any number of hours. There are special standards that are taken into account when drawing up a special schedule for workers in this situation.
A shortened day is an opportunity to work not 8, but 6 hours a day. In addition, the employee may be offered a shortened week. In this case, the number of hours remains the same, but days off are added. Thus, the working period will be considered not from Monday to Friday, but from Tuesday to Thursday. You can find an alternative option. To do this, you should write a statement indicating that the pregnant employee wants to work 6.5 hours 4 times a week. In this case, an additional day off on Friday is provided.
It should also be taken into account that the reduction of the working day largely depends on how many hours a day the woman works as usual. This also applies to the weekly work schedule. In some cases, issues are resolved exclusively on an individual basis.
An employee can easily set up part-time work. To do this, you must first obtain a certificate from a medical institution stating that the woman is indeed pregnant. Next, a statement is written in any form addressed to the management. Here it is necessary to indicate exactly what benefits the expectant mother wants to take advantage of. That is, the application must express a desire to receive additional days off or a reduced working day. You can choose a third option with a shorter day and one additional day off.
These are the two main documents that need to be presented to the employer. Having received them, the boss must immediately respond and fulfill the request of the pregnant employee. Otherwise, he faces administrative punishment and a fine. It would not be superfluous for a woman to keep copies of the papers. They can be useful in case of controversial situations.
After the new work schedule for the pregnant employee has been discussed and all the nuances have been agreed upon, the employer issues an order, which is signed by the employee. Only after this can this issue be considered resolved. In this case, the agreement must be signed in two copies. One of them remains with the pregnant woman.
There are also cases when the employer simply does not want to comply with the request of a pregnant employee. Moreover, if we take into account that the labor code provides for a preferential work schedule for pregnant women, he is at great risk. Failure to comply with the requirements of the Russian Labor Code is punishable. If a woman can provide a pregnancy certificate from a medical institution and has written an application to change her work schedule, management does not have the right to refuse her.
At the same time, the expectant mother should take into account that changing the work schedule also entails a decrease in wages. This is the reason that employees in this position often give up their privileges.
Remuneration when changing work hours
Those representatives of the fair sex who still intend to work part-time due to pregnancy should take into account that, most likely, they will receive a lower salary. The thing is that in Russian legislation there is no mandatory clause that states that the rate will be maintained for expectant mothers who agree to a short working day. Thus, wages will be calculated based on the time actually worked. Here, it is mandatory to take into account both the shortened working day and the absence of the employee during the visit to the medical institution.
Considering that the law does not make exceptions for pregnant women, many expectant mothers refuse the preferential schedule and choose the usual work schedule. Moreover, if there are no medical contraindications, some do not even take the required maternity leave, but work until the birth.
An employee who is in a position does not have the right to demand the same salary from the employer if she plans to work a shortened day or week. It would be correct for management to record the hours worked in a table, which will allow the salary to be correctly calculated for a pregnant employee. The employer cannot set any minimum or maximum. Numbers should not be taken out of thin air. This must be a clearly calculated and fully justified salary. Only hours actually worked are reflected in the time sheet. The time that the employee spent in the antenatal clinic is not included here and is not paid.
Preferential working conditions for pregnant women
Additional privileges related to employees in this position relate not only to work schedule and wages, but also, as stated in the labor code, to the working conditions of pregnant women. And first of all, here it is necessary to note the need to transfer a pregnant employee from hazardous production to a safer job. In addition, pregnant women are prohibited from participating in jobs that require heavy physical labor. In this case, it is desirable that the salary correspond to what the expectant mother received before.
The Labor Code provides for certain benefits for representatives of the fair sex in this position. However, a woman has every right to refuse them if she believes that this will in no way affect the baby’s health. At the same time, you should definitely think about whether you need to participate in work underground or in carrying heavy loads, when the body needs strength to bear a child.
Article 254 of the Labor Law states that there should be no difference in wages for a pregnant woman when she is transferred from one place to another. This suggests that by using the provided benefit, the employee does not lose anything.
The Labor Code of the Russian Federation, or more precisely its Article 259, states that workers in this situation cannot be involved in night work, and should not go on business trips or on shifts. On holidays and weekends, pregnant employees are not involved in work activities unless the employee herself expresses such a desire.
Working conditions unacceptable for pregnant employees:
- Regarding technical requirements, it is worth noting that expectant mothers are prohibited from lifting boxes or any goods above their shoulders.
- Foot operated mechanisms cannot be operated.
- You should not work in assembly line production with a preset rhythm.
- You should also refuse work that requires serious psycho-emotional stress.
- A pregnant employee may be transferred to another department if she has to work in a damp and drafty room.
- This also includes interaction with various pathogens.
- Work with serious changes in temperature and pressure is also considered harmful.
In all these and many other situations, the expectant mother may demand that the employer transfer her to another department while maintaining her salary. It is important to consider that the employer does not have the right to fire or lay off a pregnant employee until the child turns 3 years old.
What are the working conditions
Features of the structuring of the conditions suggest that the employer will perform a number of positions.
The Labor Code in 2021 describes light work for pregnant women as such that it excludes the possibility of:
- actions related to carrying heavy loads;
- occupying a position on an assembly line;
- emotional and psychological stress;
- the presence of harmful, toxic substances in the environment.
But depending on the field of professional employment, positions may vary slightly and have their own characteristics.
In the field of trade
In this case, harm at the place of employment is associated with positions that are present in trade.
For example, when a woman is engaged in sales of household chemicals. Despite the relative safety, it is worth limiting the influence of fumes of this kind.
The same goes for hard work. Often, a salesperson's job involves moving large volumes of goods during the working day.
A prescription in this area can be obtained from a doctor. You should describe to him the features of the work and he will identify the presence or absence of negative factors.
Video: transfer to light labor
In medicine
This area involves contact with the same chemicals. They have the greatest impact on laboratory workers. After all, when conducting research, chemicals, solutions and antiseptics are used.
The revision of the conditions may consist of a transfer to a different work procedure. For example, for general filling out forms and documentation. Which is much more favorable than the constant influence of drugs.
In banks
There is only one risk in this area - interaction with computer technology. The issue of the impact on health has not been fully studied.
In this regard, processing information on a computer and using printers/scanners falls within the scope of the employer’s decision.
He may, at his own discretion, shorten a woman's tenure in such work. The medical responsible person also prescribes the provisions separately.
He has the right to set a limit of working with equipment within three hours a day. Then the employer will have to transfer the pregnant woman to other conditions and replace the remaining hours with other actions. They do all this in the standard manner.
The obligation to create special conditions for women expecting a child falls on the employer. He must take all actions to establish comfort in the workplace.
At the same time, the law stipulates that the woman herself must begin the process. But the employer does not have the right to refuse her this point, as well as to fire her or terminate the agreement with her.
