How to shorten the working day for a pregnant woman. Labor rights of a pregnant woman at work and their observance by the employer

Everyone knows that discrimination against women in the workplace is a fairly common phenomenon. Some employers, even before hiring a woman, force her to take a pregnancy test. Such actions are illegal and punishable by law. The main thing is to know this, and to understand that the owner does not have to refuse to hire a pregnant woman at any time.

In various ways, a pregnant woman is being harassed at work not only by superiors, but also by colleagues, on whom some of the duties are transferred. If you need to negotiate amicably with employees, then only

Any pregnant woman, whether she feels well or not, must be transferred to light labor, but with the written consent of both parties. In this case, wages remain the same. Even if the enterprise does not have a position to which a woman can be transferred, she is relieved of an unnecessary burden. But do pregnant women shorten their working hours?

Not everyone knows that a reduced (shortened) working day for pregnant women is provided for by law. This issue is regulated by the Labor Code of the Russian Federation, Article No. 93. This regulatory document states that, at the request of the woman herself, the owner (director, manager, etc.) is obliged to transfer the woman to a part-time or weekly job, regardless of the form of ownership of the enterprise.

The women of Ukraine are also protected by law, because according to the Labor Code, article 56, they have the right to reduce both the working day and the week. In addition, according to paragraph 9, article 179, a woman on maternity leave has the right to take work home, if possible, and at the same time receive child benefits and wages.

If the employer refuses this, then the woman can file an appropriate application with the court and win it, after which she will be restored in her rights, and a fine will be imposed on the owner. Many do not bring the matter to court proceedings and eventually agree to a reduction in the working day for pregnant women.

What should be the working day for pregnant women?

There are three types of time reduction:

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

Rights and benefits of pregnant women in employment

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

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

When hiring a woman, the employer does not have the right to refuse her employment if she is pregnant. Also, he should not be interested in whether she is pregnant at the time of employment. It is possible not to hire a future mother if the level of her qualifications is insufficient or does not meet the requirements for the job that the pregnant woman is applying for.

If a woman understands that she is being refused on a far-fetched pretext, she has the right to ask for a refusal in writing. With it, you can subsequently apply to the labor inspectorate or the court and prove that there was an employer's bias and an unreasonable refusal of employment.

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

Rights of pregnant women at work

The rights of a pregnant woman at work are protected by the Labor Code. She cannot be fired even under Article 81 of the Labor Code of the Russian Federation for violation of labor regulations, absenteeism or another violation.

The rights and benefits of a pregnant woman at work are discussed in the following video

Benefits of working expectant mothers

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

Transfer to another position

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

1. Pregnant women should be given light work. The expectant mother has the right to ask for a transfer to light work. This is done in the application form. A medical certificate confirming the need for translation can be attached to the application. It is issued by a antenatal clinic doctor. It indicates which specific work is contraindicated. For example, lifting weights, working in rooms with high humidity, etc. If a woman is transferred to light work, she retains the average earnings that she had in her previous position.
   The pregnant woman has the right to switch to. How many hours her working day will last, the manager sets. Payment must be made for actual hours worked.
2. A pregnant woman is released from work on weekends, holidays, days. She should not be asked to work nights or overtime.
3. A pregnant woman has the right to take an annual labor or after it. Every employee has the right to receive paid leave once a year. You can take it after working for at least 6 months. This rule does not apply to expectant mothers. As the Labor Code of the Russian Federation regulates, pregnant women can take annual paid leave after working any amount of time. It is impossible to call a pregnant woman to work from vacation ahead of schedule.
4. A pregnant woman cannot work on a rotational basis. The Labor Code of the Russian Federation of 2019 for pregnant women, in article 298, limited the possibility of working away from their permanent place of residence.
5. A pregnant woman has the right to leave work to see a doctor for regular checkups. If the pregnancy is multiple or complicated by various problems, systematic examinations, tests, etc. may be required. A woman must be released from work while maintaining her salary for the duration of the visit to the clinic.
   After the expectant mother takes a certificate from the medical facility confirming her condition and registers her with the personnel department, she is required to allocate time to visit the doctor as needed.
6. A pregnant woman in the process of work should receive additional breaks. She also cannot be transferred to another job without her consent, unless it is a transfer to light work.
7. A pregnant woman is entitled to paid maternity leave. In the usual case and a normal pregnancy, a woman has the right to write an application for a paid leave for B&R for a period of 30 weeks. If the pregnancy is multiple, the law allows you to take a vacation of 28 weeks. If a woman lives in areas that have the status of environmentally disadvantaged, she is allowed to go on leave for B&R at 27 weeks. Thus, depending on the circumstances, the duration of the BiR leave can be 140, 156, 160 or 194 days. If the birth went with complications, one more for 16 days will be added to the sick leave for 140 days. It will be issued by the doctor of the maternity hospital.

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

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

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

You can watch the calculation of the B&R allowance in this video

That is why it is unprofitable for some expectant mothers whose income is higher than the base value established by law to go on maternity leave for a long time. The law provides for the possibility of such situations. Therefore, going on vacation in BiR is a voluntary matter of the worker herself.

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

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

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

Rights of a pregnant woman upon dismissal

Additionally

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

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

It is possible to dismiss a pregnant woman only in the event of the liquidation of the organization and the closure of the IP. More information about the dismissal of a maternity leave during the liquidation of an enterprise -.

The 2019 Labor Code establishes certain rules for employer-initiated dismissal for pregnant women. This can only be done when the enterprise where the woman works is liquidated. Upon dismissal, she will receive a salary for the hours actually worked, compensation for unused vacation, job loss benefits and maternity payments to the Social Insurance Fund or the Social Security Administration.

Also, you can fire the expectant mother:

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

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

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

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

Everyone knows that discrimination against women in the workplace is quite common. Some employers, even before hiring a woman, force her to take a pregnancy test. Such actions are illegal and punishable by law.

Reducing the working day during pregnancy: when you can count on it

The main thing is to know this, and to understand that the owner does not have to refuse to hire a pregnant woman at any time.

In various ways, a pregnant woman is being harassed at work, not only by her superiors, but also by her colleagues, on whom some of the duties are transferred. If you need to negotiate amicably with employees, then only knowledge of labor law works with superiors.

Any pregnant woman, whether she feels well or not, must be transferred to light labor, but with the written consent of both parties. In this case, wages remain the same. Even if the enterprise does not have a position to which a woman can be transferred, she is relieved of an unnecessary burden. But do pregnant women shorten their working hours?

Not everyone knows that a reduced (shortened) working day for pregnant women is provided for by law. This issue is regulated by the Labor Code of the Russian Federation, Article No. 93. This regulatory document states that, at the request of the woman herself, the owner (director, manager, etc.) is obliged to transfer the woman to a part-time or weekly job, regardless of the form of ownership of the enterprise.

The women of Ukraine are also protected by law, because according to the Labor Code, article 56, they have the right to reduce both the working day and the week. In addition, according to paragraph 9, article 179, a woman on maternity leave has the right to take work home, if possible, and at the same time receive child benefits and wages.

If the employer refuses this, then the woman can file an appropriate application with the court and win it, after which she will be restored in her rights, and a fine will be imposed on the owner. Many do not bring the matter to court proceedings and eventually agree to a reduction in the working day for pregnant women.

What should be the working day for pregnant women?

There are three types of time reduction:

Related articles:

How many hours a pregnant woman must work per day by law?

When a woman finds out about her pregnancy, in addition to the pleasant necessary hassle of preparing for replenishment in the family, she has many questions. These issues include issues related to work, relations in the team during pregnancy, the rights and obligations of a pregnant employee. A woman needs to deal with all the nuances in order to remain calm, self-confident, worry less and enjoy her new state.

Of course, you are happy about the upcoming replenishment, but it is quite possible that your superiors will be upset. After all, they do not want to part with an experienced employee, endure possible costs, change planned schedules, and so on. The best solution would be to quickly bring proof of your pregnancy to work without delay. Such proof, first of all, is a certificate of pregnancy. A certificate is issued by the women's consultation, where you become registered. This certificate is an official document, the personnel department is obliged to register it and assign a registration number. For your own peace of mind, it is recommended to take a copy of this certificate with the number put on it, the signature of the head and the date the certificate was received. This is done in order to ensure that in the event of unpleasant conflict situations with superiors, employers are deprived of the opportunity to say that they did not know about your situation at all.

In the forty-first chapter of the Labor Code of the Russian Federation, article 261 provides information on the impossibility of terminating the contract between an employer and a pregnant employee. The only exception is when the organization is liquidated. But even when your job is liquidated, your seniority is not interrupted, and you must be assigned monetary compensation.

The same article refers to temporary contracts: if an employee’s employment contract expires during pregnancy, she needs to write an application for its extension before her maternity leave, and the boss is simply obliged to sign it.

In the Criminal Code of the Russian Federation, in Article 145, it is written about the responsibility for employers who illegally dismissed or did not accept a pregnant woman for a vacancy.

Article 254 of the Labor Code of the Russian Federation informs about the transfer to another job of pregnant women and women with children under the age of 1.5 years. And Article 259 (Labor Code) says that pregnant women cannot be sent on business trips, they cannot be involved in any overtime work, they cannot be involved in work at night, on non-working holidays.

As for the length of the working day, the Labor Code of the Russian Federation does not fix the maximum length of the working day for a pregnant worker.

The right to a shortened working day for pregnant women

If necessary, the employee may submit a medical report to the employer. In it, the doctor, focusing on the well-being of the employee, will write a ban on the duration of the working day for more than eight hours. In the presence of such a medical opinion, the authorities are obliged to issue an order and take it into account when drawing up the working day schedules of a pregnant employee.

The Plenum of the Supreme Court of the Russian Federation, in Resolution No. 1 dated January 28, 2014, clarified a number of issues regulating the specifics of the work of women, persons with family responsibilities and minors. The explanations are given taking into account the practice and questions that arise in the courts when considering labor disputes on similar topics. The clarifications of the Plenum of the Supreme Court of the Russian Federation will ensure the uniformity of the application of labor legislation by the courts and put an end to long-standing disputes between employees and employers.

1. If the employer did not know about the employee’s pregnancy and issued a dismissal in a situation where, according to the law, termination of the contract with pregnant women is prohibited, then the subsequent request from the employee to reinstate work is subject to satisfaction
Reason: Clause 25 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1

2. The employment contract, the end of which took place during the period of the employee's pregnancy, in general, must be extended until the end of the pregnancy. At the same time, in the event of the birth of a child, the need for dismissal is indicated not within a week after the child’s birthday, but on the last day of maternity leave
Reason: Clause 27 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1

3. Testing for employment is not established for pregnant women, women with children under the age of 1.5 years, as well as persons under 18 years of age. This rule also applies to other persons raising children under the age of 1.5 years without a mother.

If a test was established for such employees, then termination of the employment contract with them based on the results of the test is unlawful
Reason: Clause 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1

Guarantees at the conclusion of an employment contract

In Art. Art. Articles 64 and 70 of the Labor Code stipulate the guarantees provided to pregnant women at the conclusion of an employment contract. Yes, it is forbidden:
- refuse to hire a woman for reasons related to her pregnancy (part 3 of article 64 of the Labor Code of the Russian Federation);
- establish a probationary period for employment for pregnant women (Article 70 of the Labor Code of the Russian Federation).

Labor Relations

So, the employment contract with the employee is concluded. Consider what guarantees and benefits rely on in the framework of labor relations for pregnant employees.

part-time work

Pregnant women may be assigned a part-time work regime.
In fact, the modes of operation can be as follows:

• part-time (shift). When a part-time work day (shift) is established for an employee, the number of hours of work per day (per shift) accepted for this category of employees is reduced;

• part-time work week. When establishing a part-time working week for an employee, the number of working days is reduced in comparison with the working week established for this category of employees. At the same time, the length of the working day (shift) remains normal;

• combination of part-time work modes. Labor legislation allows a combination of a part-time work week with part-time work. At the same time, the number of hours of work per day (per shift) established for this category of workers is reduced, while the number of working days per week is also reduced.

Pregnant women can apply to the employer with a request to establish a part-time (shift) or part-time working week both at the time of employment and subsequently. The employer is obliged to satisfy such a request (part 1 of article 93 of the Labor Code of the Russian Federation). Part-time work can be established both without time limit, and for any period convenient for employees.

Special working conditions for pregnant women

With regard to pregnant women, the Labor Code establishes a number of rules prohibiting their involvement:

• to work at night and to overtime work (part 5 of article 96, part 5 of article 99 and part 1 of article 259 of the Labor Code of the Russian Federation);

• work on weekends and non-working holidays (part 1 of article 259 of the Labor Code of the Russian Federation);

• work on a rotational basis (Article 298 of the Labor Code of the Russian Federation).

If a woman is pregnant, the employer does not have the right to send her on business trips (part 1 of article 259 of the Labor Code of the Russian Federation).

Transfer to light work

Pregnant employees, on the basis of a medical report and at their request, should have reduced production rates, service rates, or they should be transferred to another job that excludes the impact of adverse production factors (part 1 of article 254 of the Labor Code of the Russian Federation).

Guaranteed average earnings

The Labor Code establishes several cases in which a pregnant employee retains average earnings:

• the period during which a pregnant woman performs lighter work. This time is paid based on the average earnings of an employee in her previous job (part 1 of article 254 and article 139 of the Labor Code of the Russian Federation);

• the period during which the employee is released from work due to her harmful effects until she is provided with suitable work. The working days missed as a result of this are paid based on the average earnings from the previous job (part 2 of article 254 of the Labor Code of the Russian Federation);

• the period of her passing a mandatory dispensary examination in a medical institution (part 3 of article 254 of the Labor Code of the Russian Federation).

Note. Do I need to confirm the passage of a dispensary examination? The Labor Code does not impose on a woman the obligation to submit to the employer any documents confirming the passage of a dispensary examination. Nevertheless, it is advisable in writing (referring to the norm of part 3 of article 254 of the Labor Code of the Russian Federation) to warn the employee about her absence from the workplace for this reason, so that it is not regarded as absenteeism and during this time the average earnings were saved.

Granting maternity leave

Maternity leave is a special type of leave. It is provided on the basis of an application and a certificate of incapacity for work (part 1 of article 255 of the Labor Code of the Russian Federation). For calendar days of maternity leave, the employer assigns an appropriate allowance. The period a woman is on maternity leave is taken into account when calculating the length of service giving the right to annual paid leave (part 1 of article 121 of the Labor Code of the Russian Federation).

Guarantees when granting the next vacation

As a general rule, the employee has the right to use leave for the first year of work after six months of his continuous work with this employer (part 2 of article 122 of the Labor Code of the Russian Federation). However, for certain categories of workers, the Labor Code provides for an exception to the general rule. So, regardless of the length of service with this employer (even before the expiration of six months from the start of continuous work in the organization), paid leave at the request of the employee must be granted:

• women before maternity leave or immediately after it, or at the end of parental leave (part 3 of article 122 and article 260 of the Labor Code of the Russian Federation). The employee determines the date of her annual paid leave on her own. As a rule, annual leave turns into maternity leave. In addition, it is forbidden to withdraw a pregnant employee from the annual main and additional holidays (part 3 of article 125 of the Labor Code of the Russian Federation) and replace these holidays or parts thereof with monetary compensation (part 3 of article 126 of the Labor Code of the Russian Federation);

• husband while his wife is on maternity leave (part 4 of article 123 of the Labor Code of the Russian Federation).

At the same time, the annual paid vacation for this category of persons is provided at a time convenient for them, regardless of the vacation schedule drawn up. The minimum duration of the annual basic paid leave is currently 28 calendar days (part 1 of article 115 of the Labor Code of the Russian Federation).

Prohibition on dismissal at the initiative of the employer

The Labor Code prohibits the dismissal of pregnant women at the initiative of the employer (with the exception of cases of liquidation of an organization or termination of activity by an individual entrepreneur) (part 1 of article 261 of the Labor Code of the Russian Federation).
However, there are options for terminating an employment relationship with a pregnant employee. For example, if a pregnant employee works under a fixed-term employment contract.

Dismissal is not allowed if...

During the period of validity of a fixed-term employment contract, a pregnant employee will write an application to extend the validity of the employment contract until the end of pregnancy and submit an appropriate medical certificate, the employer is obliged to satisfy the request of the woman (part 2 of article 261 of the Labor Code of the Russian Federation). At the same time, at the request of the employer, the employee must submit a medical certificate confirming pregnancy, but not more than once every three months. A change in the terms of the term of the employment contract must be fixed in an additional agreement.

Please note: the moment of concluding a fixed-term employment contract (before or after the onset of pregnancy) does not matter for extending the term of this contract.

If a woman actually continues to work after the end of pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day when the employer knew or should have known about the end of the pregnancy.

On a note. The actual end of pregnancy should be understood as the birth of a child, as well as artificial termination (abortion) or miscarriage (miscarriage) of pregnancy.

Maternity leave and benefits. During the term of the employment contract, a pregnant employee can take maternity leave. In this case, she must be paid the appropriate allowance in full for all calendar days of maternity leave (Article 255 of the Labor Code of the Russian Federation)

Dismissal is possible if (part 3 of article 261 of the Labor Code of the Russian Federation) ...

• a fixed-term employment contract was concluded with her for the duration of the performance of the duties of an absent employee. In this case, the dismissal of a pregnant employee is allowed due to the expiration of the employment contract (clause 2, part 1, article 77 of the Labor Code of the Russian Federation);

• the organization does not have work that a pregnant employee can perform, or she refused the proposed work options (clause 8, part 1, article 77 of the Labor Code of the Russian Federation).

What kind of work should an employer offer a woman?

According to part 3 of Art. 261 of the Labor Code of the Russian Federation:

• not only that job or vacant position that corresponds to her qualifications, but also a lower position or a lower-paid job;

• all available vacancies that meet health requirements;

• vacancies and jobs available to the employer in the area. Vacancies and work available in another locality must be offered in cases where this is provided for by the collective agreement, agreements or employment contract.

If the woman agrees to the transfer, some conditions, such as the place of work, position or term of the employment contract, are changed by concluding an additional agreement to the employment contract.

Magazine: Everything for the personnel officer
Year: 2011
Author: Burnasheva Zulfiya Nailevna
Subject: Part-time work, Pay
Category: Got a problem? Here is the solution

Regulations
Labor Code of the Russian Federation (extract)

A month and a half ago, our employee, who is in an “interesting position”, applied for a part-time job. The management, of course, went forward, because by law it has the right to do so. Signed an agreement, issued an order. In general, everything is as it should be. And everything would be fine, but only at the end of the month she received a salary much less than before. And it is not surprising, because the salary was paid to her in proportion to the hours worked. However, the pregnant employee does not agree with this state of affairs, threatening to file a complaint with the labor inspectorate, allegedly the employer should keep her average earnings. This is where we doubt it. Maybe the law does make an exception for pregnant women in terms of part-time pay?

Yes, it's always the same with pregnant women. There are many labor guarantees under the law, but there are no less problems for the employer. And yet, labor legislation provides pregnant women with additional guarantees for a reason. Their goal is to prevent the negative impact of certain working conditions both on the health of women themselves and on the health of their future babies. One of these guarantees, in particular, is the obligation to establish, at the request of a pregnant woman, part-time work (part-time work (shift), part-time work week) (Article 93 of the Labor Code of the Russian Federation, hereinafter referred to as the Labor Code of the Russian Federation).

Although the law does not specify in what form this request should be expressed (oral or written), in practice, women apply to the employer with a written application, attaching a document confirming pregnancy (medical certificate) to it. At the same time, the employer does not have the right to demand from a pregnant employee a certificate stating that, due to pregnancy, she cannot perform work during normal working hours.

Types of part-time work(Article 93 of the Labor Code of the Russian Federation)

To establish part-time work in this case, the very fact of pregnancy is important, and it does not matter whether a woman is able or not to work full time.

IT IS FORBIDDEN!

Require a pregnant employee to provide a medical certificate stating that she is unable to perform work during normal working hours

The establishment of part-time work is formalized by agreement of the parties to the employment contract. At the same time, part-time work can be established both when hiring a pregnant woman - by an employment contract, and in the future - by an additional agreement to an employment contract. In the employment contract (supplementary agreement), the parties prescribe the type of part-time work, working conditions (specific working hours, start and end times of the working day - for part-time work, working days - for part-time work) and, of course, new payment terms labor.

Our reference

Production rate- the number of units of products (services) of a certain type, which must be performed by one employee or a group of employees of the appropriate qualification per unit of working time (hour, shift, month, etc. unit of time) in these organizational and technical conditions. The production rate is set if there are opportunities for quantitative accounting and control of products (services), if the same work is performed systematically during a work shift with a constant quantitative composition of performers.

Service rate- the number of objects (jobs, pieces of equipment, production areas, etc.) that an employee or a group of employees of the appropriate qualification must serve per unit of working time (during a shift, month, etc.) in these organizational and technical conditions .

THIS IS USEFUL TO KNOW

The legislation does not establish a minimum part-time work for a pregnant woman. It is determined by agreement of the parties.

According to part 2 of Art. 93 of the Labor Code of the Russian Federation when working on a part-time basis The employee is paid in proportion to the time worked by him or depending on the amount of work he performed. At the same time, the legislator does not make exceptions to this rule either for pregnant women or for any other category of workers.

Article 254 of the Labor Code of the Russian Federation, which your employee is probably referring to, provides for a reduction in production rates for pregnant women, service rates or transfer to another job that excludes the impact of adverse production factors, while maintaining the average earnings from the previous job.

At the same time, it should be noted that a decrease in production rates, service rates does not entail an automatic reduction in working hours. In other words, if an employer reduces the production rate (rate of service) for a pregnant worker, this does not mean that the duration of her working day (week) is also reduced. The purpose of reducing these norms in this case is to reduce the intensity of labor, and not to reduce working hours.

Providing guarantees under Art. 254 of the Labor Code of the Russian Federation, is carried out in accordance with a medical report, which should establish the optimal amount for a pregnant woman to reduce production standards (service standards) or the need to transfer to another job.

Thus, in order to receive this guarantee, a pregnant employee must provide the employer with an appropriate medical certificate. This is what you explain to your pregnant employee.

Summary

When establishing a pregnant woman, at her request, part-time work in accordance with Art. 93 of the Labor Code of the Russian Federation, remuneration is made in proportion to the hours worked or depending on the amount of work performed.