Pregnant worker. What labor benefits are provided? Loopholes in the law

A woman who has made the decision to have a child often faces a dilemma. It is very difficult for many to decide what is a priority for them - career or personal life. Realizing that she is pregnant, the expectant mother begins to look for answers to 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.

Expectant mother and her work

Do you have good news, are you pregnant? Do not make hasty decisions, calm down and think things through. Initially, visit a gynecologist and consult about your current condition. If there is a risk of complications, it may well be that for a certain period of time you will have to forget about the workplace.

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. Hiding it is highly discouraged. As practice shows, many women try to “hide” their pregnancy for as long as possible.

They do this for various reasons. Some think that they will definitely be fired, others are afraid of deprivation of additional payments and bonuses, others do not tell anything, simply for superstitious reasons. All these fears are unfounded. On the contrary, they deprive the pregnant woman of all the privileges that her position brings and is rightfully due to her. The employer is not entitled to:

1. Dismiss this category of employees or reduce them.
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).

It is always worth being prepared for the fact that management can behave, to put it mildly, "unfairly." Ignoring the laws that protect expectant mothers, the bosses are looking for ways to get rid of such a “draughter”.

A woman is offered a woman to switch to a lower rate in order to save money, sent at "her own expense" and even offered to quit. Noticing this 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 liable.

How to report pregnancy?

Before you tell your boss important news, 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 on a positive note, don't make a fuss, don't make threats, and try to discuss the matter calmly and kindly.

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

The boss will perceive silence as a conscious 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 resolve all issues in a timely manner. It is irresponsible to bring the situation to distrust of oneself, thereby aggravating the situation in the team.

Do not think solely about your own benefit, because the boss must prepare for your departure. And this takes time. Timely awareness will allow you to pre-select a person for your place.

Restrictions while working

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

• Avoid excessive physical activity.
• Eliminate situations that cause nervous stress and depression.
• It is contraindicated to stay in one position for a long time (sit or stand), to come into contact with toxic and chemical substances in your activities.
• It is necessary to take rest breaks 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 issuing a decree

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

After making sure of your position, do not delay contacting the antenatal clinic, where you will be taken under medical control. Here they must issue a certificate, which is subsequently submitted to the HR department for registration of leave related to the bearing of a child and future childbirth. In addition, on the basis of this document, an allowance will be paid. When calculating it, the average earnings for 180 days of previous work are taken into account. Including bonus payments, travel allowances, surcharges and vacation pay are taken.

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

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

The rights of working mothers

Basically, all women, being pregnant, are quite sure that they can master the performance of the volume of official duties. But in reality, they don't always succeed. If you understand that you are not coping, do not gloss over this fact. Talk to management about ways to reduce the amount of workload and eliminate the most difficult tasks to complete. You can ask for help if you do not have time to do something. Surely the boss won't mind.

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

A pregnant woman who is employed can:

• Sick leave for an unlimited number of days.
• Require 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 established standards, on weekends and holidays.
• Refuse travel.

The workplace is retained for the entire period of stay on postnatal sick leave and parental leave. The employer is not entitled, without this consent, to reduce or dismiss a pregnant woman. If the company is liquidated or declared bankrupt, the management is entitled to dismiss such an employee, and her subsequent employment is mandatory.

Working in a seated position

If your job requires constant sitting, then it would not be superfluous to know some rules:

• You need to sit on a comfortable chair, with armrests and with 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, do not cross your legs. In this position, blood circulation in the pelvis is disturbed.

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

Pregnancy and computer technology

Many expectant mothers are concerned about the safety of working at a computer during the period of bearing a child. If the job requires the use of a computer, will it harm the baby? After all, performing official functions, you can spend the whole day behind the monitor.

For many years, experts have been trying to determine how dangerous a computer is for a woman who is expecting a baby. Repeated studies were carried out, statistical records were kept of pregnant women, whose work is a constant presence at the computer, the percentage of pathologies in the development of the fetus and spontaneous abortions was determined. Fortunately, the connection between possible miscarriages and working at a computer has not been established.

It is worth noting that technology is improving at an incredible speed and these are no longer the 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 position, with a straight back and at the optimal eye distance from the monitor. It is important to take breaks from work. Do not forget about dangers such as physical inactivity and blurred vision.

Pregnancy and labor code

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

• A woman is able to work the first six months of pregnancy. Very often, the employer refuses to enroll this category in a job. Thus, he saves himself from the problems associated with the payment of maternity money and vacation pay.
• It is important to know that it is illegal in the absence of other good reasons.
• You are required to be accepted into the state, and without appointing a probationary period.

Knowing clearly about your rights, you can easily develop a strategy for behavior in a team. The Labor Code is designed to protect a person, his rights to work and rest. No exception and women bearing children. This is not to say that absolutely everyone likes these laws. However, we must comply with them. You will need some courage in upholding 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 delivery. The duration of prenatal leave is 70 days, in case of multiple pregnancy it is extended to 84 days. After childbirth, according to the law, 70 days of sick leave are required if the birth went without complications. If there are problems with delivery, a woman is disabled for 86 days, and 110 if twins were born.

At the end of the period of prenatal and postnatal sick leave, an application is written for granting leave to care for the baby, until he reaches the age of three years. For the entire period, the organization retains the workplace for you. Also, the maternity period is counted in the insurance experience. You can return to work without waiting for the end of the three-year break. But, in such a situation, funding for benefits will be suspended.

Rest time

For women in an "interesting position" there are also benefits regarding vacations. Prior to going on sick leave before childbirth, the employer must 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 the sick leave, most often, women go on parental leave and can no longer use the opportunity to “walk away” the days laid down by law. This technique is widely practiced in government institutions.

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 waiting for a baby is framed at work by an employment contract, then the allowance will be provided at her place of work. The basis for this is a disability certificate issued by a medical organization. The amount of payments is one hundred percent of wages. The rest of the fair sex applies for registration of assistance to the social security at registration.

To apply for a loan, you must provide the following documents:

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

You should apply for the allowance within six months from the end of the maternity leave.

The labor legislation of the Russian Federation gives pregnant women special rights compared to other workers. They have a number of benefits, which will be discussed in this article. Every woman who has provided a certificate from the antenatal clinic confirming registration in connection with pregnancy can take advantage of the privileges. This certificate is registered with the personnel department.

Pregnancy and working conditions

Many of the benefits provided to pregnant women are related to working conditions. Thus, article 254 of the Labor Code of the Russian Federation states that, at the request of a woman, she can reduce her production standards. In addition, it is possible to transfer to another job that excludes the impact of harmful factors. At the same time, the woman retains both the position and the average salary.

Earnings are saved even when a woman is absent from work in connection with the passage of a mandatory dispensary examination. At the same time, the woman must provide the employer with certificates from the clinic confirming her absence from work precisely for this reason.

Pregnant women are exempted from certain types of work: they are forbidden to lift weights of more than 2.5 kilograms, work night shifts, and come into contact with harmful substances.

According to the law, a woman must change the type of activity in the case of piece work, conveyor work, in the presence of frequent business trips, etc.

To be transferred to a simpler job, a woman needs to write an application with a request for a transfer and back it up with a certificate from a doctor. This procedure will not be reflected in the work book and will not affect the amount of wages.

Article 90 of the Labor Code of the Russian Federation allows a pregnant woman to work part-time in agreement with the employer. In this situation, the work and insurance experience of the pregnant woman is not subject to adjustment, but the salary will depend on the hours actually worked.

The legislation defines the requirements for the workplace of a pregnant woman: the room must be equipped with ventilation, must have normal air temperature and humidity. The workplace should not be located next to copying and duplicating equipment. It is necessary to work at the computer for no more than three hours per shift. And although today it is difficult to imagine in practice, women should still be aware of the existence of such rights and at least take periodic breaks from working at the computer.

Rights and obligations of pregnant women at work

The rights of pregnant women are reflected in several articles of the Labor Code of the Russian Federation (articles 254, 255, 259, 261 and others).

The main rights outlined in the document include the following:

• the right not to go to work on weekends and holidays, not to work overtime;
• the right to mandatory payment of maternity leave, regardless of the length of service of the woman;
• the preservation of the woman's workplace during the entire maternity leave;
• continuation of accrual of labor and insurance experience;
• the impossibility of terminating the employment contract at the initiative of the employer, except in cases of liquidation of the company.

In order to exercise her rights, a woman can apply in writing for the provision of certain benefits to the leadership of the organization.

Applications must refer to the articles of legislative acts, according to which these benefits are provided.

In addition to the enumerated rights, certain duties are assigned to pregnant women by labor legislation.

These include:

• timely notification of management about the upcoming decree by providing the appropriate document;
• compliance with the rules, regulations and charter of the organization;
• avoidance of absence from the workplace without good reason;
• non-avoidance of direct duties.

Getting a new job

According to article 64 of the Labor Code of the Russian Federation, a pregnant woman cannot be denied employment due to pregnancy when applying for a new job. Employment decisions should be made on the basis of a person's personal and professional qualities, and not on the basis of the absence of a pregnancy.

If such a situation happens and a woman is refused, she can ask for a written explanation of the refusal, with which you can safely go to court.

According to Article 145 of the Criminal Code of the Russian Federation, an unreasonable refusal to hire by a court decision may be punished by a fine or compulsory work for the employer.

The same applies not only to refusal to hire, but also to unjustified dismissal.

There is no probationary period for pregnant women and women with children under one and a half years of age. This means that a woman cannot be fired because she has not completed her probationary period. In principle, any infringement of the rights of pregnant women can turn out to be rather deplorable for employers.

Pregnancy is a wonderful time. But it's not just joy. For a woman, this period is not only responsible, but also very difficult. The body is completely changing, constantly transforming. Often, pregnancy seriously affects the performance of a girl. If she is employed, then this situation will also affect the quality of work. Therefore, Russia provides for easy work for a pregnant woman. This measure is spelled out in the Labor Code of the country. But light work is far from the only opportunity given to pregnant women in terms of working. What rights does a woman have in such a crucial period? What does the Labor Code of the Russian Federation regulate?

Articles of the law

For girls who have received the status of pregnant women, there are special rules and labor standards. They are established by law. Of course, we are talking about the study of the Labor Code. But what specific articles of legislation should be referred to in order to understand all the features of the work of pregnant employees?

There are only a few standards in terms of labor. This is Art. 93 of the Labor Code of the Russian Federation, as well as article 254 of this code of the country. They indicate the basic norms and rules that an employer must comply with if a girl in a position works for him.

Production rates

To begin with, you should pay attention to the fact that pregnant women are people whose health is undermined. The performance of such an employee is likely to decrease. And overexertion is fraught with negative consequences for the fetus. In Russia, established laws are designed to protect citizens. Especially pregnant women.

Therefore, the first rule that is provided in is that all employees who have received the status in question must work with a change in production standards. They must be reduced. To what extent? It all depends on the health of the woman. Often, medical workers issue certificates to girls with recommendations on this matter.

Adverse factors

The features don't end there. The thing is that easy work for a pregnant woman is necessarily provided by the employer. If we are talking about a vacancy that involves working in an unfavorable environment for a subordinate, you will have to worry about eliminating these factors. That is, when a woman in an interesting position works, say, in a hazardous industry, the employer must find a more suitable vacancy for her.

That is, the employee is transferred to light work. And not necessarily this process is accompanied by a decrease in load - you can change the nature of the work. A fairly common practice in Russia.

And earnings

The above two points have one huge feature. And both pregnant women and employers should know about it. After all, violation of the Labor Code of the Russian Federation is not permissible. A woman whose rights are violated can complain about the employer. To prevent this from happening, you will have to take into account all the established norms for the appointment of light labor.

It's about making money. Usually, a lower workload means lower wages. But not in the case of pregnant women. According to the established rules, it is impossible to reduce the salary of such people. There is light work for a pregnant woman, but at the same time, average earnings should be maintained.

In fact, being in an interesting position, a woman will work less and get the same amount as she earned on average before. If the employer violates the established rule, you can complain about it. It is necessary to refer to article 254 of the Labor Code. It is here, in the first paragraph, that the average wage is maintained when the pregnant woman is transferred to light labor.

If there is no work

Little is known about the following feature. And not every employer will agree to comply with the proposed standards. The previously mentioned article indicates that the light labor of pregnant women is a mandatory measure. The employer does not have the right to refuse a girl in an interesting position in providing vacancies and jobs that exhaust the occurrence of adverse production factors. These are far from all the important points that the transfer of a pregnant woman to light work has. Pay for such work should not be reduced (only in some cases). But in this case, it will no longer be Article 254 of the Labor Code of the Russian Federation that will act.

What if the company cannot currently offer an employee easy work? What does the Labor Code say? For pregnant women in this case, suspension from work is provided. And it is allowed to resume it only when the negative ones are eliminated, as well as the transfer to light work.

The key feature is that under such circumstances, it is impossible to cut the wages of a pregnant girl. That is, the employee does not work, but receives the same earnings as in the performance of official duties. The funds are allocated from the budget of the employer.

So, it is desirable for companies to find easy work for a pregnant woman quickly. Otherwise, on legal grounds, the employee has the right not to perform official duties. And despite this, the salary to receive in full.

Dispensary examination

Sometimes employed girls have to undergo medical examinations in medical institutions. This process is also included in the Labor Code. For pregnant women who undergo dispensary examinations, it is envisaged to maintain the average salary in their position.

In other words, no one has the right to fire a pregnant woman during a medical examination, or to "cut" her salary either. This feature must be taken into account without fail. True, we are talking only about mandatory medical examination. Not the most common occurrence, but it does happen.

Already gave birth

This is such an easy job for pregnant women, the Labor Code of the Russian Federation provides. Also, article 254 of this code specifies some features of the work of those who arrived to perform official duties before the born child was less than one and a half years old.

This circumstance can also bring a lot of trouble to the employer. Indeed, at the request of the newly-made mother, it will be necessary to transfer the employee to another position, which implies the implementation of light work. At the same time, the average salary for the duties performed should be maintained. How long can a citizen work at an easy pace? Until the child is 1.5 years old. After the employer transfers the mother to a regular way of work, which does not provide for any concessions.

Only on request

What else do employers and employees need to know? The thing is that the transfer of a pregnant woman to light work is carried out only at the personal request of the girl. If this document was not provided to the management, you will have to perform your job duties on an equal basis with everyone else. If the employer decides on his own initiative to transfer a subordinate to light work, then he has every right to "cut" her earnings. Or do not save the average salary for the employee during the absence from the workplace.

But all this only works when there is no application for easy work. Otherwise, the norms established by the Labor Code will have to be observed. So, until the woman herself decides to reduce the workload, all of the above features will not apply to her. An employee is considered the same employee as everyone else.

When to apply

Pregnancy is a very long process. From the 30th week of an interesting position, the employer must generally give his subordinate the so-called maternity leave. Therefore, many are interested in how long light labor takes place.

The law is not spelled out at the moment. In general, as soon as a woman finds out about her pregnancy, she has the right to indulgence in the performance of her duties. The main thing is to provide a doctor's opinion as confirmation. On average, about a month and a half after the conception of a baby, an employee has the opportunity to transfer to light work.

In practice, this phenomenon rarely occurs. Usually, an application for reducing the workload in the performance of official duties is written closer to maternity leave. When the body experiences maximum stress. But even earlier, a woman has the right to easy work. The only task is to obtain a medical certificate of pregnancy. Taking into account the fact that in Russia you can "think" about an abortion before the 12th week of an interesting situation, it is recommended that it is after this period that you write an application for easy work.

part-time work

All of the above is the content of just one. Often, all of the above measures are not applied by employees. Instead, Art. 93 of the Labor Code of the Russian Federation. What does it say?

This article is responsible for part-time work. It is indicated that women in a position have the right to demand the establishment of part-time work or a shift in the performance of official duties.

Again, the request is considered only after a written request to the employer. They can refuse, but it is better not to do this. Indeed, often employees begin to ask not for a reduction in the working day, but for a transfer to light work.

How much will they pay

True, part-time work has its advantages for the employer. Average earnings will be maintained with light work. But if an employee asked for an incomplete shift, then she should be paid in proportion to the work performed.

Considered either payment by volume or by time of work. It all depends on the position held. Thus, the earnings of a pregnant woman may be lower. For an employer, this is a huge benefit. Therefore, in practice, it is this form of work that the bosses offer to employees who are in an interesting position.

Impact on labor rights

How does part-time work affect citizens? According to the established laws, no way. The transfer of a pregnant woman to light work, as well as the reduction of the work shift according to established standards, should not be reflected in the social package.

That is, vacation and sick leave, as well as all other labor rights, remain with the employee in full. If the employer tries to somehow infringe on the subordinate, you can complain about him. This is a direct violation of the legislation established in Russia. You should not be afraid - you should be able to protect your rights. Especially when it comes to vulnerable and weak pregnant women.

How does it actually happen

True, the situation in real life is seriously different from the ideal. The Labor Code also states that it is impossible, at the initiative of the employer, to dismiss an employee who is in position. And it is forbidden for such personnel to work at night.

But in reality, it turns out that before the decree, the vast majority of women work in full, without being transferred to light work. And if the employer provides facilitated conditions for the performance of official duties, then most likely this will affect earnings - it will become lower.

This is what unscrupulous employers do. In addition, sometimes women are simply forced to quit "of their own free will." Only conscientious companies comply with all the norms established by law. Easy work for a pregnant woman is the right of every pregnant woman. And it is up to the employees themselves to decide on the implementation of this opportunity. Without a written application, it can be assumed that the subordinate did not express a desire to receive easy work or to be assigned. This should be remembered by both the employer and the employees themselves.

Not all women are aware of what the labor code provides for pregnant workers, and what benefits they can count on. However, this information can greatly help a woman carrying a child, because now she is responsible not only for herself, but also for the unborn baby.

For the employer, the pregnancy of an employee 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 working hours of an employee in a position may differ from the usual, if there are good reasons for this, for example, medical indications.

After the fact of pregnancy is established, a woman can legally receive certain benefits. What conditions are required for the expectant mother depends on the state of her health and the place of work where the fair sex worked before getting pregnant. It is very important for the employer to comply with all the conditions that are provided for by Russian law. Otherwise, such a situation may threaten responsible persons with serious administrative and even criminal liability.

In order to avoid conflict situations in the process of work, each of the parties must know what is supposed to be done in such cases according to the law. Even with a normal pregnancy, changes in the schedule are still possible. In addition, the expectant mother must be offered certain benefits that will help make the workflow easier.

Russian legislation has introduced a number of special rules that help regulate the work of pregnant employees. Despite the fact that some employers perceive this with hostility, such laws are not adopted in order to complicate their lives, but to preserve the health of the woman and the unborn child.

The main document to be guided by 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 mode of operation for an employee in a position. At the same time, all laws apply to all employers and employees, regardless of the type of enterprise and their location. For some of the fair sex, there are special benefits. They concern, first of all, those who work at a hazardous enterprise, 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 moms can expect special privileges. For these cases, special legislation is provided, but sometimes provisions from the Labor Code are also used.

Rights and guarantees for employees in position

Expectant mothers who are officially employed have the opportunity to receive certain benefits:

1. First of all, it should be noted that the employer does not have the right not to hire an employee who is in a position solely because of her condition for a suitable position.
2. 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 law.
3. For a future mother who has official employment, there is a law that prohibits her dismissal. This also applies to maternity leave. There are only two options here. A woman in position can be removed from her position due to a very serious violation of the work schedule or due to the liquidation of the enterprise.
4. A woman in position has the right to take paid leave at a time when it is convenient for her. That is, it does not have to follow the order according to the schedule. At the same time, do not forget about the obligation of the employer to send the employee on maternity leave at the 30th week of pregnancy. An exception can only be the personal desire of a woman to continue working until the very birth.
5. Separately, it must be said about the work schedule of pregnant women according to the labor code. For employees in position, it can be significantly changed. At the same time, in some cases, a reduction in the working day is provided for with the same wage. The opportunity to get a position with fewer responsibilities or with more favorable environmental conditions is also a privilege for a pregnant woman.

Features of the work schedule for employees in position

For women who are expecting a baby, 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 has no desire to lose earnings, she may refuse to work for a shortened work schedule. The employer does not have the right to establish a different regime forcibly.

In this case, a woman should evaluate 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 tranquility are very important for pregnant women, and money should not be a decisive factor here.

It should be noted that the desire of a woman to switch to a short working day does not deprive her of the right to go on the prescribed paid leave. The expectant mother can still take time to relax when it suits her. The terms and pay of the vacation will not change. Moreover, an employee in a 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, and maybe more.

Obligations of the employer regarding the mode of work of a pregnant woman

As for the management, first of all, it is required from him to fully comply with all the rights of an employee who is expecting a child. The mode of work of a pregnant woman according to the labor code should be changed in accordance with her wishes. At the same time, 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 other benefits that are provided to officially employed expectant mothers.

The task of the employer should be strict observance of all the rules that are prescribed in the Russian Labor legislation. Therefore, management does not have the right to refuse a pregnant employee to reduce the working day, if this is her initiative. Even the fact that such a decision may adversely affect the workflow cannot be a reason for refusal. Here you 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.

In the schedule of employees in position, there should not be some points:

1. First of all, this applies to night shifts. A woman can easily refuse them during pregnancy, as this is provided for by Article 96 of the Labor Code.
2. In addition, the employer does not have the right to employ female employees in position on holidays and official days off. This is spelled out in article 112 of the Labor Code of the Russian Federation.
3. Overtime work is possible only at the initiative of the employee. But she can refuse additional hours, which is provided for by Article 99 of the Labor Law.
4. Pregnant women are also not sent to watch, as Article 298 prohibits this.

How to change the working hours for a pregnant employee?

Considering that the special schedule is not mandatory, but is considered only at the initiative of the employee, she needs to inform the management about her decision. To do this, you must write an application. At the same time, Russian legislation states that a pregnant employee can announce her decision at any time. It does not matter how long she is, or how much she worked in a particular company.

In the event that the employer hires a woman in position, he needs to 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 be able to return to normal work at any time. So, if for health reasons in any month a woman has to abandon her usual schedule, 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 nevertheless, periodic adjustments are possible. For example, the schedule will have to be somewhat changed, since after registering for a medical record, a woman in position will have numerous tests and a visit to a specialist at least once a month. To do this, special days must be provided in the schedule. This should be taken into account, since the work of most medical institutions coincides with organizations and enterprises. Thus, a visit to the medical office will take place during working hours. In no case should the employer consider the hours of the employee's absence as absenteeism. On the part of a pregnant employee, it would be right to warn the authorities in advance about her possible absence and take a certificate from the doctor, which is then provided to the management.

Norms for a reduced schedule in pregnant women

Despite the fact that Russian labor legislation provides for a special working regime for pregnant employees, this does not mean that they can work any number of hours. There are special rules that are taken into account when drawing up a special schedule for workers in position.

A shortened day is an opportunity to work not 8, but 6 hours a day. In addition, an employee may be offered a reduced 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 also find an alternative. To do this, write a statement stating 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 a woman works in a normal mode. This also applies to the weekly work schedule. In some cases, issues are resolved exclusively on an individual basis.

Establish a part-time employee can easily. To do this, you must first obtain a certificate from a medical institution that the woman is really pregnant. Next, a statement is written in an arbitrary form addressed to the management. Here it is necessary to indicate exactly what benefits the expectant mother wants to use. That is, the application must express a desire to receive additional days off or a shorter working day. You can also choose a third option with a shorter day and one additional day off.

These are the two main documents that you need to submit to the employer. Having received them, the boss must immediately respond and fulfill the request of a pregnant employee. Otherwise, he faces administrative punishment and a fine. It will not be superfluous for a woman to keep copies of the papers. They can be useful in case of disputes.

After the new work schedule for a pregnant employee is discussed and all the nuances are agreed upon, the employer issues an order, which the employee signs. Only then can the issue be considered settled. In this case, the contract 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 fulfill the request of a pregnant employee. Moreover, if we take into account that the preferential work schedule for pregnant women is stipulated by the labor code, he is at great risk. Failure to comply with the requirements of the Russian Labor Code is punishable. If a woman can submit a certificate of pregnancy from a medical institution and at the same time wrote an application to change the work schedule, the management does not have the right to refuse her.

At the same time, the expectant mother should take into account that a change in the work schedule entails a decrease in wages. This is the reason why employees in a position often waive their privileges.

Compensation for changes in working hours

Those women who are still going 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 refers to maintaining the rate for expectant mothers who have agreed to a short working day. Thus, wages will be calculated based on actual hours worked. Here, both the reduced working day and the absence of the employee during the visit to the medical institution are necessarily taken into account.

Considering that the legislation does not make exceptions for pregnant women, many expectant mothers refuse preferential schedules and choose a regular work schedule. Moreover, if there are no medical contraindications, some do not even go on the prescribed maternity leave, but work until the very birth.

An employee who is in a position does not have the right to demand the previous salary from the employer if she is going to work a reduced day or week. On the part of the management, it will be correct to record the hours worked in the table, which will make it possible to correctly calculate the salary for a pregnant worker. The employer cannot set any minimum or maximum. Numbers should not be taken from the ceiling. This should be a clearly calculated and fully justified salary. Only hours actually worked are shown on the time sheet. The time that the employee spent in the antenatal clinic is not entered here and is not paid.

Preferential working conditions for pregnant women

Additional privileges related to employees in the position relate not only to the work schedule and wages, but also, as indicated in the labor code, the working conditions of pregnant women. And first of all, it should be noted here the need to transfer a pregnant employee from hazardous production to safer work. In addition, women in the position are prohibited from participating in work involving hard physical labor. At the same time, it is desirable that the amount of wages correspond to what the expectant mother received earlier.

The Labor Code provides for certain benefits for the fair sex in position. However, a woman has every right to refuse them if she believes that this will in no way affect the health of the baby. At the same time, it is worth considering whether it is necessary to participate in work underground or in carrying weights, 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 due benefit, the employee does not lose anything.

The Labor Code of the Russian Federation, or rather it, says that workers in position cannot be brought to work at night, and also should not be sent on business trips and on watch. On holidays and weekends, pregnant employees are not involved in labor activities, unless the employee herself expresses such a desire.

Working conditions unacceptable for pregnant employees:

1. Regarding technical requirements, it is worth noting that expectant mothers are forbidden to lift boxes and any goods above their shoulders.
2. Foot-operated mechanisms cannot be operated.
3. You should not work on a conveyor production with a preset rhythm.
4. Work that requires serious psycho-emotional stress should also be abandoned.
5. A pregnant employee may be transferred to another department if she has to work in a damp and ventilated room.
6. This also includes interaction with various pathogens.
7. Harmful is also labor activity with serious changes in temperature and pressure.

In all these and many other situations, the expectant mother may require the employer to transfer to another department with pay. It is important to bear in mind that the employer does not have the right to dismiss or reduce a pregnant employee until the child is 3 years old.