Rights of a pregnant woman at work according to the Labor Code of the Russian Federation

Author of the article: Anastasia Ivanova Last modified: January 2021 23670

Women expecting a child belong to a category of the population that has privileges in various spheres of life. Thus, the rights of pregnant women at work are somewhat different from the guarantees offered to other employees. In this case, women are provided with special concessions, on the basis of which they can choose easier working conditions. In addition, we are talking here about a certain protection of female workers from unlawful actions of employers, which are often committed by the latter in the process of cooperation with citizens. A pregnant woman can exercise her special rights from the moment she registers and issues a certificate at the antenatal clinic.

The nuances of employing a pregnant woman

In practice, getting a job for a woman expecting a child is quite problematic. Most employers understand that cooperation with such an employee will be short-lived and after she goes on maternity leave, most likely, they will have to look for a replacement, albeit temporary. And this means another training, induction, in a word, an unnecessary waste of time resources.

However, the fact of pregnancy itself cannot serve as a basis for refusal of employment. This point is recorded in Article 64 of the Labor Code of the Russian Federation. Such argumentation is recognized as discrimination, which means that the actions of a potential employer can be appealed through the courts. After all, when hiring a person, only a person’s professional qualities should be assessed, and not his social status, health, nationality, religion and other factors.

Article 64 of the Labor Code of the Russian Federation

“Guarantees when concluding an employment contract” (more details)
Important! According to labor legislation, the employer, at the request of the applicant, is obliged, within 1 week from the moment of presentation, to explain the decision to refuse to provide a job. And in writing. If pregnancy is identified as the reason, the woman can safely go to court.

At the same time, it is worth realizing that employers understand the essence of the situation and are unlikely to voice real reasons for refusal. Most often, the explanation is the banal “we are not ready to make you an offer” or “the professional experience of another candidate suits us better.” The texts of such notifications are quite template and as correct as possible. But if a woman is sure that the pretext is far-fetched and she can prove this fact, then it is still worth filing a complaint with the labor inspectorate. Next, you can go to court.

2 more points worth knowing:

1. the employer does not have the right to demand from the applicant a certificate of absence of pregnancy, or a written undertaking not to plan it for a certain period;
2. When a woman in a position is employed, she cannot be assigned a probationary period (Article 70 of the Labor Code of the Russian Federation).

Article 70 of the Labor Code of the Russian Federation

“Test when applying for a job” (more details)
In general, the legislation does not oblige the expectant mother to report her situation to a potential employer.
It all depends on the woman, her personal moral qualities, needs and life circumstances. However, if an employment contract is signed with a pregnant woman, then the employer will bear considerable responsibility for compliance with its clauses and the special rights that such employees have.

Responsibilities of the Chief

Every boss must fully respect all rights of the employee. The Labor Code provides for updating the work schedule of the expectant mother, taking into account her wishes. In addition to updating the schedule and reducing hours, additional considerations must be taken into account. benefits provided to pregnant women who are officially employed.

The manager will be required to thoroughly comply with all Labor Code norms and rules regarding expectant mothers specified in legislative acts.

Any refusal will be considered an illegal act.

Even if the employee’s desire has a negative impact on her work, it cannot become a reason for refusal. In such situations, the boss and employee try to find a compromise. Usually, during maternity leave, girls hire a temporary worker who will perform her duties temporarily.

The schedule of a pregnant girl should not contain a number of requirements:

• Night shifts should not be included in the schedule of a pregnant woman, who may refuse them in accordance with Art. 96 Labor Code of the Russian Federation;
• Working on weekends and holidays is also prohibited for pregnant women. The boss must comply with these rules specified in Article 112 of the Labor Code of Russia;
• A pregnant employee can work overtime if she wishes, but should not perform additional work. work and work overtime, which is noted in Art. 99 TK;
• Pregnant women should not work on shifts, this is stated in Art. 298.

Right to easier work

Depending on the type of occupation, the expectant mother may apply for a change in working conditions in full or in part. This norm is established by Article 254 of the Labor Code of the Russian Federation. Moreover, all pregnant employees without exception have this right. The field of activity does not play a role here. However, special attention is paid to the presence of harmful and dangerous production conditions.

For example:

• working with chemicals and toxic substances;
• regular physical activity;
• excessive emotional stress in the process of activity.

Article 254 of the Labor Code of the Russian Federation

“Transfer to another job of pregnant women and women with children under the age of one and a half years” (more)
Most often, workers in the trade, medical, pedagogical and banking sectors are transferred to light work. In the first two cases, the activity is directly related to lifting weights and various substances (medicines, household chemicals). In the second there is a psychological load. But bank employees regularly deal with office equipment - a scanner, a computer. Exposure to these devices may also affect the employee and child.

In each case, the hazard factor is determined separately. A woman needs to contact her attending gynecologist, who will analyze her physical indicators and correlate them with the level of comfort, as well as the degree of danger of the activity conditions. If it is determined that at a particular stage the performance of duties may have an impact on health, the employee will receive a medical certificate. Based on it, and at the request of the pregnant woman, the employer will need to change the conditions of her work.

Application for light work during pregnancy (sample)

Adjustment of the list of responsibilities is allowed either completely or partially. For example, a woman may be relieved of certain functions, or a more convenient or shorter schedule may be prepared for her (no more than 1-2 hours). Or completely transfer to another place of activity, which excludes the presence of an unfavorable production factor.

If another job is provided, the woman’s average earnings from her previous job are retained. If a new place is not selected immediately, the pregnant employee is temporarily relieved of her duties. Moreover, during this period she is also entitled to payment of funds taking into account the amount of the average salary.

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.

Fringe benefits

The Labor Code fixes other rights of working women expecting a child in the form of separate paragraphs. The following articles and provisions of the Labor Code are significant:

Pregnant employees are prohibited from:

• involve in work at night (from 22:00 to 6:00);
• call to work on holidays and rest days;
• send on business trips;
• involve in work beyond the work schedule.

Expert commentary

Kamensky Yuri

Lawyer

In each of the above cases, it is not only impossible to insist on going to work, but even to state a similar requirement in the form of a request. Such actions are considered a violation of the law, because a pregnant employee has a special status and we are talking about the health of her and her child.

What are the guarantees for other “family” workers?

The rest of the workers on the list can be sent on a business trip or asked to work overtime, at night, on a weekend or on a holiday, but under two conditions:

• the employee agrees (consent must be written);
• there are no medical contraindications for this.

The employee must be informed of the right to refuse a business trip in writing.

If for “disadvantaged” personnel refusal to travel on a business trip is considered a disciplinary offense and may result in punishment, then this rule does not apply to “family” personnel.

Privileges upon dismissal

Based on Article 261 of the Labor Code of the Russian Federation, the dismissal of a pregnant employee at the initiative of the employer is not allowed. If a woman herself expresses a desire to complete the activity, then she has the right to prepare a corresponding statement. But forcing her to resign, allegedly on her own initiative, is also illegal.

Application for resignation of a pregnant woman at her own request (sample)

Termination of the contract under such circumstances is possible only in the following cases:

• complete cessation of the organization's activities;
• liquidation of individual entrepreneurs;
• expiration of the period of a fixed-term contract signed with a pregnant employee, if on its basis she replaced the main employee.

In the latter case, the employer is obliged to offer the woman other vacancies and, with her consent, arrange a transfer to another place of activity.

Expert commentary

Kireev Maxim

Lawyer

If a regular fixed-term contract was concluded with the employee and its period ended at the time of pregnancy, then the employer, at the woman’s request, is obliged to extend the period until the birth of the child or until the end of maternity leave (maternity leave). In addition, the employee will need to present a medical certificate certifying the fact of her special situation.

Maternity leave

In the ordinary sense, the concept of “maternity leave” includes 2 periods at once - for birth and delivery (pregnancy and childbirth) and for caring for a newborn child. The procedure for granting each of these holidays is fixed at the legislative level. Namely, in articles 255 and 256 of the Labor Code of the Russian Federation.

Article 255 of the Labor Code of the Russian Federation - Maternity leave

Women, upon their application and on the basis of a certificate of incapacity for work issued in accordance with the established procedure, are granted maternity leave of 70 (in the case of multiple pregnancies - 84) calendar days before childbirth and 70 (in the case of complicated childbirth - 86, for the birth of two or more children - 110) calendar days after childbirth with payment of state social insurance benefits in the amount established by federal laws. Maternity leave is calculated cumulatively and is provided to a woman completely regardless of the number of days actually used by her before giving birth.

Article 256 of the Labor Code of the Russian Federation - Parental leave

Upon application of a woman, she is granted maternity leave until the child reaches the age of three years.
The procedure and timing of payment of state social insurance benefits during the period of the specified leave are determined by federal laws. Parental leave can be used in full or in parts by the child’s father, grandmother, grandfather, other relative or guardian actually caring for the child. At the request of the woman or the persons specified in part two of this article, while on maternity leave, they can work part-time or at home while maintaining the right to receive state social insurance benefits.

During the period of parental leave, the employee retains his place of work (position).

Parental leave is counted toward the total and continuous work experience, as well as into the length of service in the specialty (except for cases of early assignment of an old-age insurance pension).

When applying for a maternity leave, a woman acquires the right to the following guarantees:

• payment of benefits during the entire period of absence;
• maintaining the place of business for the entire period;
• inclusion of periods in a woman’s work experience.

In general, the procedure for applying for a maternity leave is quite simple. The employee must submit a written request for leave under the Labor and Employment Regulations (in general, 140 days). Additionally, you will need a certificate of incapacity for work issued by a gynecologist. After the end of this period and at the request of the woman, she can also request the next leave - to care for a newborn child. In fact, the period is drawn up until the last person reaches 3 years. However, the employee can go to work earlier. For example, at 1.5 years.

Expert commentary

Potapova Svetlana

Lawyer

In addition, during maternity leave, the employee is allowed to work either from home or on a part-time basis. At the same time, the right to social benefits is preserved.

Pregnant women have a considerable number of labor privileges. Facilitated operating conditions, a ban on overtime and night work, the impossibility of dismissal at the request of the employer and other guarantees protect employees in a special position. If the employer ignores the law, then the woman has the right to file a complaint with the labor inspectorate or go directly to court. If the fact of unlawful actions of the employer is proven, he may face not only an administrative fine, but also criminal liability (for example, under Article 145 of the Criminal Code of the Russian Federation).