Working conditions for pregnant women. Rights, guarantees (benefits) for pregnant women Pregnant women in accordance with a medical report

Labor Code of the Russian Federation Article 261. Guarantees for a pregnant woman and persons with family responsibilities upon termination of an employment contract

(see text in the previous edition)

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Termination of an employment contract at the initiative of an employer with a pregnant woman is not allowed, except in cases of liquidation of the organization or termination of activities by an individual entrepreneur.

(see text in the previous edition)

If a fixed-term employment contract expires during a woman’s pregnancy, the employer is obliged, upon her written application and upon provision of a medical certificate confirming the state of pregnancy, to extend the term of the employment contract until the end of the pregnancy, and if she is granted maternity leave in the prescribed manner - until the end such a vacation. A woman whose employment contract has been extended until the end of her pregnancy is obliged, at the request of the employer, but not more than once every three months, to provide a medical certificate confirming the state of pregnancy. If the woman actually continues to work after the end of her pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day the employer learned or should have learned about the end of the pregnancy.

(see text in the previous edition)

It is permissible to dismiss a woman due to the expiration of an employment contract during her pregnancy, if the employment contract was concluded for the duration of the duties of an absent employee and it is impossible, with the written consent of the woman, to transfer her to another job available to the employer before the end of her pregnancy (as a vacant position or a job corresponding to the woman’s qualifications, and a vacant lower-level position or lower-paid job), which a woman can perform taking into account her state of health. In this case, the employer is obliged to offer her all the vacancies that he has in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

Termination of an employment contract with a woman who has a child under the age of three, with a single mother raising a disabled child under the age of eighteen or a young child - a child under the age of fourteen, with another person raising these children without a mother, with a parent (other

New edition of Art. 254 Labor Code of the Russian Federation

For pregnant women, in accordance with a medical report and at their request, production standards and service standards are reduced, or these women are transferred to another job that eliminates the impact of adverse production factors, while maintaining the average earnings for their previous job.

Until a pregnant woman is provided with another job that excludes exposure to adverse production factors, she is subject to release from work with the preservation of average earnings for all working days missed as a result at the expense of the employer.

When pregnant women undergo mandatory medical examinations in medical organizations, they retain the average salary at their place of work.

Women with children under the age of one and a half years, if it is impossible to perform the previous job, are transferred at their request to another job with wages for the work performed, but not lower than the average earnings for the previous job until the child reaches the age of one and a half years.

Commentary on Article 254 of the Labor Code of the Russian Federation

The state ensures pregnant women the right to work in conditions that meet their physiological characteristics and health status. To this end, labor legislation establishes measures to create conditions for hygienically rational employment of pregnant workers, i.e. the most acceptable workload and optimal working environment conditions, which in practically healthy women do not cause abnormalities in the body during pregnancy and do not adversely affect the course of childbirth, the postpartum period, lactation, the condition of the intrauterine fetus, the physical and mental development and morbidity of the newborn children.

Ways to ease working conditions for pregnant women include reducing production standards and service standards, transferring to another job that eliminates the impact of unfavorable factors of production, maintaining average earnings while reducing production standards and service standards when transferring to another job; exemption from work while maintaining average earnings until the issue of providing another job is resolved, maintaining average earnings while undergoing compulsory dispensary care in medical institutions.

For women with children under the age of one and a half years, the Labor Code provides the opportunity to transfer to another job if performing the previous job is inappropriate from the point of view of protecting the health of the woman and child. It is possible to transfer a woman to another job if performing her previous job is impossible for some other reason, while maintaining the average earnings from her previous job for the duration of the transfer.

A reduction in production standards and service standards for pregnant women can be carried out on the basis of a medical report, which establishes the optimal amount for a woman to reduce production standards and service standards. The recommended volume is most often set at an average of 40 - 50% of the constant norm.

A reduction in production standards is carried out at the request of a woman. In the absence of an application, production standards are not reduced, so it is necessary to explain to the pregnant woman her rights.

A ban on the work of pregnant women from the moment of medical confirmation of pregnancy in certain conditions and industries (for example, in crop and livestock farming, in radiation therapy departments, in X-ray departments, in radionuclide diagnostic departments, with pesticides and agrochemicals, with toxic deratization agents (rodenticides), with video display terminals and personal computers, with disinfestation and repellent agents associated with radiomagnetic radiation for the repair and maintenance of radio devices, with sources of ionizing radiation) is associated with the very fact of pregnancy. In this case, a special medical report on the need for transfer is not required.

In addition, in accordance with Article 298 of the Labor Code, pregnant women cannot be recruited to work on a rotational basis. A pregnant woman must be provided with other work that meets health protection requirements.

If the work performed is contraindicated based on a medical report, the pregnant woman must be transferred to another job. In this case, the required period of transfer and acceptable (or unacceptable) working conditions are indicated.

The work provided to a pregnant woman must meet the requirements for working conditions for women during pregnancy. Special requirements are imposed on technological processes and equipment intended for the work of pregnant women. They should not be a source of elevated levels of physical, chemical, biological and psychophysiological factors. When choosing technological operations, you should pay attention to the amount of physical activity acceptable for pregnant women, for example, the weight of a load moved and lifted when alternating with other work (up to two times an hour) should not exceed 2.5 kg, a load lifted and moved constantly during the shift, - 1.25 kg; the total mass of cargo moved during each hour of a work shift at a distance of up to 5 m from the working surface should not exceed 60 kg; moving loads from the floor is prohibited; the total mass of cargo moved from the working surface during an 8-hour work shift should not exceed 480 kg.

It is also prohibited to work in conditions of sudden changes in barometric pressure.

Technological operations suitable for pregnant women include light assembly, sorting, and packaging operations; morning shifts are preferred.

Stationary workstations must be equipped for them to allow them to perform labor operations in a free mode and in a position that allows them to change position at will. Constant work sitting, standing, moving (walking) is excluded.

Part 2 of Article 254 of the Labor Code establishes that until the issue of providing a pregnant woman with another job suitable for working conditions is resolved, she is released from her previous job from the day established in the medical report. If it is not possible to provide suitable work, the pregnant woman is exempt from work for the entire duration of her pregnancy.

If the standards for production, service are reduced, when transferred to another job, as well as when the issue of transfer is resolved, the pregnant woman retains the average earnings from her previous job for the entire time the standards for production, service, transfer or release from work are reduced.

All pregnant women from the earliest stages of pregnancy (up to 12 weeks) and postpartum women are subject to medical examination.

During pregnancy, a woman, as a rule, visits a medical institution several times. During this time, she retains her average earnings. The procedure for maintaining average earnings during the mandatory dispensary observation of a pregnant woman is provided for in Article 185 of the Labor Code.

When transferring, in accordance with a medical report, a pregnant woman from a job that gives the right to early assignment of an old-age labor pension, in accordance with a job that excludes exposure to unfavorable occupational hazards, such work is equal to the work preceding the transfer.

The periods when a pregnant woman did not work until the issue of her employment was decided in accordance with a medical report are calculated in the same way.

The inability of women with children under the age of one and a half to perform their previous work may be due to medical contraindications in connection with breastfeeding, as well as the inability to provide adequate child care due to work schedule or other working conditions.

It is prohibited to assign work to women breastfeeding if the performance of this work negatively affects the level of lactation of the mother and the health of the child. Such work may include any work with pesticides, agrochemicals, toxic deratization agents, pest control and repellent agents, radiomagnetic and ionizing radiation, video display terminals and personal computers.

In addition, the inability of women with children under the age of one and a half to perform their previous work may be associated with the traveling nature of the work, the distance of the workplace from the woman’s place of residence, the early start or late end of work shifts, the inability to provide breaks for feeding the child, and other unfavorable factors. for maternal child care working conditions. In this case, we may also be talking about changing the conditions or work schedule.

When considering a claim of a pregnant woman for provision, in accordance with a medical report, with work that is easier and excludes the impact of adverse production factors, or a claim of a woman with a child under the age of one and a half years for provision of another job due to the impossibility of performing the previous one, the court recognizes the stated requirements as justified, it has the right to make a decision to transfer the plaintiff to another job, indicating the period for which the terms of the employment contract are changed. During the period of such a transfer, the woman retains all the benefits and advantages that she had in her previous job.

Another comment on Art. 254 Labor Code of the Russian Federation

1. In accordance with Art. 23 of the Fundamentals of the Legislation of the Russian Federation on the protection of citizens' health dated July 22, 1993 (as amended on December 29, 2006), the state provides pregnant women with the right to work in conditions that meet their physiological characteristics and health status. For these purposes, the labor legislation of the Russian Federation has established a number of measures aimed at creating conditions for hygienically rational employment of pregnant workers, i.e. optimal workload (physical, neuro-emotional) and optimal working environment conditions, which in practically healthy women should not cause abnormalities in the body during pregnancy and should not negatively affect the course of childbirth, the postpartum period, lactation, the condition of the intrauterine fetus, physical and mental development and morbidity of born children.

3. Article 254 of the Labor Code of the Russian Federation establishes the following ways to facilitate working conditions for pregnant women:

Reduced production standards and service standards;

Transfer to another job that excludes exposure to unfavorable production factors;

Maintaining average earnings when production standards and service standards are reduced or transferred to another job;

Release from work with preservation of average earnings until the issue of providing another job is resolved;

Maintaining average earnings while undergoing compulsory dispensary services in medical institutions.

For women with children under the age of one and a half years, the following is provided:

Transfer to another job if performing the previous job is prohibited in order to protect the health of the woman and child;

Transfer to another job if performing the previous job is impossible for other reasons;

Payment is not lower than the average salary for the previous job at the time of transfer.

When implementing these measures, one should take into account clause 4 of the Sanitary Rules and Norms SPiN 2.2.0.555-96 “Hygienic requirements for working conditions for women”, approved by Resolution of the State Committee for Sanitary and Epidemiological Supervision of Russia dated October 28, 1996 N 32, which establishes special requirements for working conditions for women in pregnancy period.

4. Reductions in production standards and service standards for pregnant women are made on the basis of a medical report. The medical report establishes the optimal amount for a woman to reduce production standards and maintenance standards; the recommended amount is on average up to 40% of the constant norm.

A reduction in production standards is carried out at the request of a woman. In the absence of an application, production standards are not reduced, but it is advisable to explain to the pregnant woman her rights.

5. In a number of cases, a ban has been established on the work of pregnant women from the moment of medical confirmation of pregnancy in certain conditions and in certain industries. Since in these cases the right to transfer is associated with the very fact of pregnancy, special medical reports on the need for transfer are not required. Such cases include:

Work in crop production and livestock farming (see paragraph 2.2 of the Resolution of the Supreme Council of the RSFSR "On urgent measures to improve the situation of women, families, the protection of motherhood and childhood in rural areas" dated November 1, 1990 (as amended on August 24, 1995) (VVS RSFSR. 1990. N 24. Art. 287; SZ RF. 1995. N 35. Art. 3504));

Work in radiation therapy departments (see clause 1.4 of the Standard Instructions on Occupational Safety and Health for personnel in radiation therapy departments, approved by Order of the Ministry of Health of Russia dated January 28, 2002 N 18) (BNA. 2002. N 16);

Work in x-ray departments (see clause 2.4 of the Standard Instructions on Occupational Safety and Health for personnel of x-ray departments, approved by Order of the Ministry of Health of Russia dated January 28, 2002 No. 19) (BNA. 2002. No. 18);

Work in radionuclide diagnostics departments (see clause 2.4 of the Standard Labor Safety Instructions for personnel in radionuclide diagnostics departments, approved by Order of the Ministry of Health of Russia dated January 28, 2002 No. 20) (BNA. 2002. No. 18);

Any work with pesticides and agrochemicals (see clause 19.8 of the Sanitary rules and regulations SPiN 1.2.1077-01 “Hygienic requirements for the storage, use and transportation of pesticides and agrochemicals”, approved by Resolution of the Chief State Sanitary Doctor of the Russian Federation of November 8, 2001 N 34) (BNA. 2002. N 4);

Working with toxic deratization agents (rodenticides) (see clause 6.2 of the Sanitary Rules and Norms SPiN 3.5.3.554-96 “Deratization. Organization and implementation of deratization measures”, approved by the Resolution of the State Committee for Sanitary and Epidemiological Supervision of Russia dated October 21, 1996);

Work related to radiomagnetic radiation for the repair and maintenance of radio-technical devices (see clause 9.4 of the Sanitary Rules for the maintenance and repair of radio-technical devices of civil aviation aircraft, approved by Resolution of the USSR State Committee for Sanitary and Epidemiological Supervision of November 12, 1991 N 6031-91);

Work with sources of ionizing radiation (see clause 8.3 of the Sanitary Rules for working with sources of ionizing radiation during the maintenance and repair of aircraft at civil aviation enterprises and factories, approved by Resolution of the USSR State Committee for Sanitary and Epidemiological Supervision of November 11, 1991 N 6030-91);

Work related to the use of PCs (see clause 13.2 of the Sanitary and Epidemiological Rules and Standards "Hygienic requirements for personal electronic computers and organization of work. SPiN 2.2.2/2.4.1340-03, approved by the Resolution of the Chief State Sanitary Doctor of the Russian Federation dated June 3, 2003) (Rossiyskaya Gazeta. 2003. June 21).

In accordance with Art. 298 of the Labor Code of the Russian Federation, pregnant women cannot be employed on a rotational basis.

In all these cases, the pregnant woman must be provided with another job that meets the health protection requirements.

In addition, a pregnant woman must be transferred to another job in cases where the work performed is contraindicated for her on the basis of a medical report. In this case, the medical report indicates the period for which such a transfer is required, as well as acceptable (or unacceptable) working conditions.

6. If it is impossible to reduce production standards and service standards, as well as if it is impossible to use the labor of a pregnant woman at her previous job, she should be transferred to a job in which the impact of adverse production factors is excluded. The work provided to a pregnant woman must meet the requirements for working conditions for women during pregnancy, as set out in the Hygienic Requirements.

Technological processes and equipment intended for the work of pregnant women should not be a source of elevated levels of physical, chemical, biological and psychophysiological factors. When choosing technological operations for their work, it is necessary to provide for such amounts of physical activity that are acceptable for pregnant women: the weight of the load moved and lifted when alternating with other work (up to twice an hour) should not exceed 2.5 kg; load lifted and moved constantly during the shift - 1.25 kg; the total mass of cargo moved during each hour of a work shift at a distance of up to 5 m from the working surface should not exceed 60 kg; moving loads from the floor is prohibited; the total mass of cargo moved from the working surface during an 8-hour work shift should not exceed 480 kg.

Pregnant women should not perform production operations associated with lifting objects of labor above the level of the shoulder girdle, lifting objects of labor from the floor, the predominance of static tension in the muscles of the legs and abdominals, forced working posture (squatting, kneeling, bending over, resting the stomach and chest in equipment and objects of labor), body tilt more than 15 degrees. C. For pregnant women, work on equipment that uses a foot control pedal, on a conveyor belt with a forced rhythm of work, accompanied by nervous and emotional stress, should be excluded.

Technological operations suitable for pregnant women include light assembly, sorting, and packaging operations.

For pregnant women, activities associated with wet clothes and shoes, and work in a draft are excluded. Pregnant women are not allowed to work in windowless or lightless rooms, i.e. no natural light.

For women during pregnancy, it is prohibited to work in conditions of sudden changes in barometric pressure (flight crew, flight attendants, pressure chamber personnel, etc.).

The work of pregnant women should be completely mechanized, the working posture should be free, walking per shift should not exceed 2 km, and the pace of movement should be free. The duration of repeated operations should not exceed 100 seconds, the number of work operations during a shift should not exceed 10; the duration of concentrated observation is no more than 25% of the total time of the work shift, the size of the object of visual discrimination is more than 5 mm.

For pregnant women, morning shifts are preferable.

For pregnant women, stationary workplaces should be equipped to allow them to perform labor operations in a free mode and in a position that allows them to change position at will. Constant work sitting, standing, moving (walking) is excluded.

A pregnant woman's workplace is equipped with a special swivel chair that has a height-adjustable backrest, headrest, lumbar bolster, armrests and seat. The back of the chair is adjustable according to the angle of inclination depending on the stage of pregnancy and the mode of work and rest. The seat and back should be covered with a semi-soft non-slip material that can be easily sanitized. The main parameters of the work chair are specified in GOST 21.889-76.

7. Until a pregnant woman is provided with another job suitable for working conditions, she is released from her previous job from the day specified in the medical report. If it is not possible to provide suitable work, the pregnant woman is exempt from work for the entire duration of her pregnancy.

8. When production standards, service standards are reduced, when transferred to another job, as well as when released from work, the pregnant woman retains the average earnings from her previous job for the entire period of the reduction in production standards, service standards, transfer or release from work.

For the procedure for calculating average earnings, see Art. 139 of the Labor Code of the Russian Federation and commentary to it.

9. All pregnant women, starting from the earliest stages of pregnancy (up to 12 weeks) and postpartum women, are subject to medical examination. Identification of pregnant women is carried out when women visit antenatal clinics and during preventive examinations.

In the normal course of pregnancy, a healthy woman is recommended to attend a consultation with all tests and doctors’ opinions 7-10 days after the first visit, and then visit the doctor in the first half of pregnancy - once a month, after 20 weeks of pregnancy - 2 times a month, after 32 weeks - 3 - 4 times a month. During pregnancy, a woman should attend a consultation approximately 14 - 15 times. If a woman is ill or has a pathological course of pregnancy that does not require hospitalization, the frequency of examinations is determined by the doctor on an individual basis.

For information on the procedure for maintaining average earnings during the mandatory dispensary observation of a pregnant woman, see Art. 185 of the Labor Code of the Russian Federation and commentary to it.

10. When transferring, in accordance with a medical report, a pregnant woman at her request from a job that gives the right to early assignment of an old-age pension in accordance with Art. Art. 27 and 28 of the Federal Law “On Labor Pensions in the Russian Federation”, for work that excludes the impact of unfavorable production hazards, such work is equal to the work preceding the transfer.

In the same order, periods are calculated when a pregnant woman did not work until the issue of her employment was resolved in accordance with the medical report (see paragraph 12 of the Government of the Russian Federation of July 11, 2002 N 516 (as amended on May 2, 2006 ) "On approval of the Rules for calculating periods of work giving the right to early assignment of an old-age labor pension in accordance with Articles 27 and 28 of the Federal Law "On State Pensions in the Russian Federation" (SZ RF. 2002. N 28. Art. 2872; 2006. N 19. Art. 2088)).

11. The inability of women with children under the age of one and a half years to perform their previous work may be due to medical contraindications in connection with breastfeeding, as well as the inability to provide adequate care for the child due to work schedule or other conditions.

12. Women who are breastfeeding are prohibited by sanitary norms and rules from performing certain work that negatively affects the mother’s lactation level and the child’s health. Such work includes any work with pesticides, agrochemicals, toxic deratization agents, pest control and repellent agents, radiomagnetic and ionizing radiation (see paragraph 4 of the commentary to this article).

13. The inability of women with children under the age of one and a half years to perform their previous work may also be associated with the traveling nature of the work, the distance of the workplace from the woman’s place of residence, the early start or late end of work shifts, the impossibility of providing part-time work, the impossibility of providing breaks for feeding a child and other working conditions unfavorable for maternal care of a child.

14. If, when considering a claim of a pregnant woman for provision, in accordance with a medical report, with easier work that excludes the impact of adverse production factors, or a claim of a woman with a child under the age of one and a half years, for provision of another job due to the impossibility of performing the previous one, the court recognizes the stated requirements justified, he has the right to make a decision to transfer the plaintiff to another job, indicating the period for which the terms of the employment contract are changed.

15. During the period of transfer of a pregnant woman or a woman with a child under the age of one and a half years to another job, she retains all the benefits and advantages that she had in her previous job. Payment is made according to the work performed, but not lower than the average earnings for the previous job.

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The pregnancy of one of the employees causes quite natural concern for the employer.

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The establishment of this fact means that a woman has new rights, and the head of the organization, accordingly, has new responsibilities. And failure to comply risks liability.

Let's look at how to avoid conflict in such a situation.

What does the law say?

Even a normal pregnancy is associated with changes in health status, such as increased fatigue or instability of well-being.

Besides. Many types of work, especially those associated with physical activity, can lead to dire consequences. Therefore, the legislator introduces a number of special rules regulating the work of pregnant women.

This is done to preserve their health, and not to complicate the life of the employer.

Normative base

The main document regulating relations in the field of hired labor is the Labor Code. Most of the rules establishing the rights and guarantees of pregnant workers are contained in it.

The provisions of this law apply throughout the country and for any employers, including individual entrepreneurs.

As for women working in municipal or public service positions, in law enforcement agencies, etc., their legal status is determined primarily by special laws. The Labor Code applies only in strictly defined cases.

Rights and guarantees

The Labor Code of the Russian Federation establishes a number of rights and guarantees for pregnant women:

• inadmissibility due to pregnancy;
• provision of paid;
• ban on ;
• Possibility of use outside of schedule;
• reduced work schedule;
• translation into “light work”, etc.

For pregnant women, according to the labor code, it is established at their request. This is a right that a woman can exercise. Or don't use it. The employer cannot force her to transfer to another regime.

The decision is made voluntarily by the woman. If she decides that a 40-hour week of work will not cause harm to her health, then she continues to work as usual until she goes on her due vacation.

The transition to such reduced working hours does not affect the provision of regular leave.

Its terms, duration and calculation of payment do not change. Moreover, a pregnant woman can use her leave outside the schedule by adding it to her maternity leave.

Employer Responsibilities

But the law obliged the employer, based on the written desire of the pregnant employee, to review the duration of her working hours (Article 93 of the Labor Code).

The employer has no right to refuse transfer to part-time work. Even if this means revising the work schedule of the entire team. However, you can always find a reasonable compromise that will suit both parties.

It is also the employer’s responsibility to review the pregnant woman’s schedule.

The legislator prohibits engaging her in work:

• on night shifts (Article 96 of the Labor Code);
• on weekends and holidays (Article 112 of the Labor Code);
• overtime (Article 99 of the Labor Code);
• on shifts (Article 298 of the Labor Code).

Working hours for pregnant women according to the Labor Code

If a pregnant woman wishes to exercise her right to have her working hours reduced, she applies to her employer.

She can do this at any time. The length of pregnancy or the woman’s work experience in the organization does not play any role.

Part-time work can be negotiated immediately when a woman in this position is hired. You can also return to your normal schedule at any time.

Application example:

Sample employee statement

Visiting a doctor at the antenatal clinic

Registration and receipt of a pregnancy certificate imposes an obligation on the woman to undergo periodic medical examinations.

The working hours of medical institutions, as a rule, coincide with the working hours of most organizations and enterprises. This means that you have to undergo medical examination during working hours.

To ensure that a woman does not lose her earnings and does not refuse medical research on this basis, the legislator has provided a number of measures, namely, maintaining the woman’s average earnings during the medical examination.

In addition, her absence from work is not considered as . Even if she didn't warn the employer. It is enough to take a certificate from the clinic and provide it to the manager after visiting the doctor.

Time standards and reduction of its duration

Reducing working hours due to pregnancy is possible in the following ways:

For example, manager Tarelkina’s working day is reduced from 8 hours to 6.5, and cleaner Chashkina is offered to work 4 instead of 5 working days.

Establishment of part-time work

The procedure for establishing part-time work for a pregnant woman will be as follows:

1. Get a certificate about your condition from the antenatal clinic.
2. Write an application addressed to the head of the organization. In it, indicate exactly how you would like to reduce working hours: shorten the day or get an additional day off. The duration of such a regime is also indicated. This can be either all the time before maternity leave or a shorter period of time.
3. Submit the application and certificate to the personnel service. It would be a good idea to write the application in two copies. This will help if a controversial situation arises.
4. Read the order establishing a part-time day and sign it.
5. Sign the supplementary agreement to the employment contract and keep one copy.

If the employer refuses to change the working hours, the woman can protect her rights by filing a complaint with the labor inspectorate. To do this, you will need a second copy of the application and a certificate of pregnancy.

Documentation

To apply for part-time work, a woman only needs one document - a medical certificate. Its absence gives grounds to consider absence from work as absenteeism and to impose a disciplinary sanction.

The employer, having received the application and certificate, issues an order establishing part-time work, and then draws up, since such a regime entails a change in pay.

Example of an additional agreement:

Payment nuances

Part-time working hours, in contrast to shortened ones, also imply a proportional reduction in pay (Part 2 of Article 93 of the Labor Code). The law does not oblige the employer to retain the same earnings for an employee who works less.

The legislator does not make exceptions for pregnant women.

The fact of changes in wages is reflected in the additional agreement to the employment contract. An employee does not have the right to demand that her employer maintain her previous salary if she has signed a part-time agreement.

Recording hours worked on a timesheet

The legislator does not establish a minimum limit for part-time work for a pregnant woman. As, in fact, the “ceiling”.

They are determined by the parties independently. This agreed time is entered into the timesheet. This is necessary for correct payment calculation. If summary records are kept or the work schedule is flexible, then the time actually worked each day is entered on the timesheet.

Legislation establishes the possibility of preserving the health of the expectant mother and baby through labor protection. It consists of creating special working conditions for a pregnant woman that will contribute to the harmonious, healthy intrauterine development of the fetus. The Labor Code grants the expectant mother not only the right to light work during pregnancy, but also certain financial guarantees, as well as preservation of her job.

Today, women often do not inform their employer about pregnancy for fear of losing their job. But the conditions in which she works can be unfavorable for the development of the fetus and harm its health. Therefore, every woman should understand what light work is during pregnancy, how it is paid, and what to do if the employer does not provide such conditions?

The Labor Code does not contain a clear definition of “light work during pregnancy.” But the employer’s obligation, in the presence of a medical certificate, is legislated to reduce production standards or transfer the woman to easier work that excludes the influence of harmful production factors. At the same time, the average earnings of the worker should be retained.

Light work implies professional activity that requires less physical effort and does not have an adverse effect on the development of the fetus.

A pregnant woman should not perform work related to:

A woman can exercise her legal right to transfer to light work only after providing the employer with a medical report. Without this certificate, the employer is not obliged to change the working conditions.

Rights and obligations

The main responsibility of the employer is to transfer the pregnant employee to light work if she provides a medical report. If the employer cannot immediately provide a pregnant woman with suitable working conditions, and he needs time to resolve this issue, then she is released from work for this period, and the employer pays for all days the employee is absent from work.

A pregnant woman has the right to full annual paid leave. In this case, it does not matter at all how long the woman worked at the enterprise. Such leave is granted at the request of the employee either before maternity leave or immediately after it.

It is the employer's responsibility to comply with sanitary standards in the pregnant woman's workplace. In addition, the legislation guarantees its preservation for the woman in the position. The employer cannot terminate the employment relationship with her on his own initiative. If the term of the employment contract has come to an end, then, at the request of the employee, the employer is obliged to extend the agreement.

Conditions

The work of a pregnant woman, regardless of what field she works in, must meet the conditions specified by law. So, in industry, if the activity is related to assembly, sorting, packaging, operations must be automated. At the same time, the employer is obliged to take care of sufficient lighting in the room to prevent eye strain. Light work during pregnancy should completely eliminate increased emotional stress.

A pregnant woman should not work in a draft, with wet clothes and shoes, or with sudden changes in pressure. It should not be exposed to harmful chemicals, aerosols, vibration or ultrasound. During pregnancy, a woman is strictly prohibited from engaging in activities related to pathogens.

The employer is obliged to provide such working conditions that will eliminate the need for an employee to constantly remain in the same position during pregnancy (constantly sitting or constantly walking is prohibited). Also, work cannot be performed in a squatting, kneeling, bending position, or focusing on the stomach or chest.

The professional duties of a pregnant employee cannot be associated with lifting objects from the floor, above shoulder level, or straining the abdominal muscles. A pregnant woman can lift weights (no more than 2.5 kg) no more than 2 times per hour. If such frequency cannot be observed due to technological conditions, then the weight is reduced by half. But within an hour the total weight can be no more than 6 kg. In general, the weight of the load during a shift should not exceed 48 kg.

When performing piecework work, the production rate is reduced by 40%. However, pay for light work during pregnancy is not reduced. If a woman works in agriculture, then during pregnancy she is exempt from work related to livestock and crop production. Moreover, this applies from the first day of confirmation of pregnancy.

Working conditions in the office imply the right of a woman not to work with computers. If this is not possible, then work time should be reduced to 3 hours a day. For women, there is a corrugated footrest and a chair that meets special parameters: rotating, with a headrest, armrests and a high back, which must be adjusted in height.

Peculiarities of work of pregnant women

Features of the work of a pregnant woman include:

• The right to switch to light work with a medical certificate.
• The right to refuse to work at a computer.
• Possibility of switching to part-time work. Payment is made in proportion to the time worked; the duration of vacation is not affected by the work schedule.
• The right to receive payment for days of forced absence if the employer cannot immediately provide her with the required working conditions.
• Receiving full leave regardless of length of service at the enterprise.
• The right to refuse business trips, not to work night shifts, not to work overtime, on weekends and holidays.

A pregnant woman cannot be fired at the initiative of the employer, even if the woman did not inform him of her situation when she was hired. If an employee was hired for a certain period, but the employment contract has ended, she only needs to write an application to extend the agreement and attach a medical certificate confirming pregnancy. And only after the end of pregnancy, the employer, within a week, can dismiss the employee with whom the employment contract has expired.

But the dismissal of a pregnant woman can be legal in the only case: if the employment contract with her was concluded for the period of performance of the duties of an employee who is temporarily absent from work. The employer is obliged to offer the woman all available vacancies suitable for her. And only in the absence of such can she be fired.

Terms of payment

As soon as a woman presents a medical report indicating that she needs to perform lighter work, the employer is obliged to eliminate conditions that could adversely affect her health and the development of the fetus. When transferring to another job, the salary may differ and not always in a favorable direction for the employee. Light work during pregnancy has specific payment requirements.

The employer must do the following:

• if the salary established by the staffing table for a new job is lower than the previous one, then the difference is set as an allowance and the full salary is paid;
• if the salary at the new job is higher, then a new salary is paid;
• if the employee remains at her previous job, but the workload is reduced, then earnings are paid in an amount not lower than the average for the previous period.

Also, a pregnant woman may express a desire to work part-time or a week. This right is reserved to her by law. In this case, the employer is obliged to pay her for her work in proportion to the time worked. All losses of the employer associated with the payment of pregnant women are borne by the employer himself. In this case, the FSS does not reimburse any expenses.

If the working conditions of a pregnant woman include restrictions on working posture, drafts, wet clothes and shoes, changes in atmospheric pressure, low light, high temperature in the workplace (more than 35 degrees), or the need to walk more than 2 km per shift, she has the right to transfer to easier work.

The first step of a pregnant woman in this direction should be to contact her antenatal clinic with her attending physician, who, at her request, is obliged to issue her a medical certificate on the need to transfer to light work. After this, the employee provides the employer with a conclusion and a statement requesting the transfer.

It should be understood that there is no need to negotiate with the employer. Transferring a pregnant woman to light work in the presence of a medical certificate is not a gesture of goodwill, but the responsibility of the employer.

If the employer claims that light work is impossible at this workplace and invites the employee to resign of her own free will, his actions are illegal. According to the code, if an employer cannot provide a pregnant employee with adequate working conditions, she has the right to be absent from the workplace. In this case, the employer pays for all the time missed by the woman for this reason based on average earnings.

Labor Code and pregnancy

Regulates the relationship between employer and employees. Most of the articles relate to standard working relationships, establishing work and rest hours, working hours, reasons why a subordinate or superior can be fired, etc.

Each section of the Labor Code contains chapters related to special categories of employees. These could be:

• pregnant workers,
• minors,
• employees with certain merits or who worked in non-standard conditions, etc.

The Russian Labor Code requires special treatment of women who fall into the “risk category” and need legal protection.

The law of the Russian Federation gives equal consideration to all applicants for a particular position. The priority for an employer when choosing an employee for a vacant position should be professional qualities. These are qualifications, education and experience. Thus, refusing to hire a pregnant woman because she is pregnant is illegal. She has equal rights with everyone, and if, as a professional, she turns out to be better than others, the woman should be included in the staff, despite her position.

Another important point is that employees of this category are accepted without setting a deadline. This is stated in Art. 70 TK:

If an employer hires an employee who is expecting a child and indicates a probationary period in the documents, this clause of the order is considered unlawful and therefore should not be executed.

Even in cases where the new employee has expressed her consent to work under the condition of completing a probationary period, compliance with this condition is considered illegal.

And personnel department employees must know the legislative framework and take into account that pregnant women belong to a special category. Any infringement of their rights may lead to legal proceedings.

Pregnancy cannot serve as a reason to refuse a job. Women included in this category are enrolled on a general basis and begin working without a probationary period.

Working conditions for female workers at risk due to pregnancy

Working conditions for pregnant women

As soon as the employee provides the manager with a medical certificate confirming this, new rules begin to apply to her.

The first thing she must do is transfer her to “light labor,” which is provided for in Article 254 of the Labor Code. If this is not done, the employee has the right to go to court, and the law will be on her side.

A document from a medical institution serves as a reason to reduce production standards for an employee. If the work involves harm to health, the employee must be transferred to another place of work. Regardless of the changes that have occurred, average earnings must be maintained.

After providing a certificate, if there is a need to transfer a pregnant woman to another place, the time of decision-making and the temporary woman do not affect her salary. Average earnings remain the same.

If an employer has difficulties in resolving this issue, he can rely on the “Hygienic Recommendations for the Rational Employment of Pregnant Women” issued in 1993 by the State Committee for Sanitary and Epidemiological Surveillance of the Ministry of Health.

This document is intended for all types of organizations and is the basis for monitoring how the work and leisure of women expecting a child proceeds.

Employees, after providing management with a medical certificate, must be transferred to easier working conditions, while they remain unchanged even in case of downtime.

Permitted and prohibited work

A pregnant employee should not do anything that could harm her health or the health of her unborn child. The first step is lifting weights and bending over. She should not bend over more than 15º or lift anything above her shoulder girdle. Employees in this category are not allowed to lift objects from the floor.

The manager is obliged to create conditions for the pregnant woman in which she will not be nervous and experience emotional stress.

What kind of work can pregnant employees do?

A pregnant employee should be in a relaxed, free position throughout the working day. It should include changing the posture at will. It is advisable that she is not forced to continuously sit or stand.

If the enterprise provides output, for a pregnant woman it should be reduced by no less than 40%. She should not be sent on a business trip or forced to work overtime. On weekends and holidays, pregnant employees rest. Their shifts should not fall during the night or evening hours.

Special rules apply to vacations for this category.

Vacation

Leave during pregnancy

The basis for pregnancy is always a medical report. In order to exercise her right, a pregnant woman must write an application addressed to the management of the enterprise.

When it comes to the standard state of pregnancy, the applicant has the right to take 70 days before giving birth to the child and another 70 days following the birth.

In some cases, the law provides for a different number of vacation days. So, if a worker wears more than one, she is given not seventy, but 84 days before giving birth. We are always talking not about working days, but about calendar days.

If the birth turns out to be difficult, postpartum leave is also extended and becomes equal to 86 calendar days. If an employee gives birth to more than one child, she is given 110 days of postpartum leave.

If the pregnancy proceeds without deviations from the norm, a certificate of incapacity for work is issued from 30 weeks for one hundred and forty days. In the case where a multiple pregnancy is established, the doctor issues a certificate from the twenty-eighth week to one hundred and eighty days.

If the birth was complicated, the woman receives an additional sixteen days of postpartum. If the birth occurs before the expected due date, the pregnant employee goes on leave for one hundred and fifty-six days. In the case of a stillbirth, a total of eighty-six days.

A pregnant employee's vacation begins on the day indicated on the certificate of incapacity for work. The manager does not make decisions regarding leave, but relies on a document from the medical institution.

Guarantees provided

To go on maternity leave, the employee must write a standard form, in which she indicates:

• number of days that will be absent;
• vacation date;
• date of return from vacation;
• indication of the attached medical examination, etc.

The order issued for vacation also has a standard form. It contains data from a medical examination. During the vacation period, a pregnant employee is taken into account in the timesheet. Her last name is marked “P”.

In addition to maternity leave, the employee has the right to basic leave. It is given both after and before 6 months of work and is added to maternity leave or to calendar days of rest due after childbirth.

The Labor Code of the Russian Federation guarantees pregnant women the retention of their positions during the period of absence. The only reason for dismissal may be the liquidation of the enterprise.

If a pregnant woman works under a fixed-term employment contract, the employer is obliged to postpone its end until the employee is entitled to go on maternity leave.

Must strictly adhere to the points of the Labor Code. If the rights of pregnant employees are violated, the court will be on their side.

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