What does the Labor Code of the Russian Federation provide for pregnant women

Rights and benefits of pregnant women during 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 based on any criteria, including due to 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 hiring. In accordance with Article 70 of the Labor Code of the Russian Federation, pregnant women must be employed without a probationary period.

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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 for an expectant mother not to be hired if her level of qualifications is insufficient or does not meet the requirements for the job for which the pregnant woman is applying.

If a woman understands that she is being refused on a far-fetched pretext, she has the right to ask for the refusal to be formalized in writing. You can subsequently contact the labor inspectorate or court and prove that there was bias on the part of the employer and an unreasonable refusal of employment.

In practice, this is not so easy to do. Employers, aware of the legal requirements, try to circumvent them in order to avoid penalties. Therefore, do not just ask for a written refusal, but put your request on paper and register it with the director’s secretary as expected, with an assigned number and registration in the appeals log.

Hiring situations

When accepting employment with a pregnant woman, different situations can occur and are not always favorable for the pregnant woman herself. In order to avoid scandals, accusations and reproaches about your position, it is better not to hide it.

As practice shows, those women who managed to hide the fact of pregnancy later found it difficult in the team and did not return to the organization after maternity leave. Any self-respecting leader will not remain silent about his dissatisfaction and will complain about the fact that he was deceived. And such ridiculous excuses like, I didn’t know I was pregnant, definitely won’t fly.

Rights of a pregnant woman upon dismissal

Additionally

If the rights of a pregnant woman have been violated, it is necessary to defend them, relying on the law. There are several ways to do this. First, you need to write a statement addressed to the manager with reference to the articles of the law and a requirement to comply with them. If this does not work, then you should write a complaint to the State Labor Safety Inspectorate and (or) the prosecutor's office. The last resort 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. Trying to circumvent the law prohibiting dismissal and inventing some kind of violation or finding fault with the employee and accusing her of poor quality work is also impossible. 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 offense they have committed.

A pregnant woman can only be fired if the organization is liquidated and the individual entrepreneur is closed. More information about the dismissal of a maternity leaver during the liquidation of an enterprise is here.

The Labor Code of 2020 establishes certain rules for dismissal for pregnant women at the initiative of the employer. This can only be done upon liquidation of an enterprise where a woman works. Upon dismissal, she will receive a salary for the time actually worked, compensation for unused vacation, unemployment benefits and maternity benefits from the Social Insurance Fund or the Social Security Administration.

You can also 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 your own request.

If a woman is employed under a fixed-term employment contract (issued for a period of no more than 2 months) and is pregnant at the time of dismissal, she can be fired only a week after she gives birth to a child and starts working again. You can learn about the extension of a fixed-term employment contract from the article https://otdelkadrov.online/5448-osobennosti-pravila-prodleniya-srochnogo-trudovogo-dogovora-po-tk-rf.

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

Art. 64 of the Labor Code of the Russian Federation guarantees the expectant mother the conclusion of an employment contract.
Art. 70 of the Labor Code of the Russian Federation prohibits testing a pregnant woman in order to verify her suitability for the job received.
Art. 255 of the Labor Code of the Russian Federation speaks of providing leave for the BiR of at least 140 days.
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.

Other grounds for dismissal

There are no such reasons. It is prohibited to fire a pregnant woman for reasons other than those listed above. The legislator classified it as a special category. Therefore, both the employment and dismissal of a pregnant woman should be protected at the state level from discriminatory actions on the part of dishonest employers.

The special situation is confirmed by judicial practice. Even for absenteeism (a whole day or several hours), it is impossible to fire a woman who is expecting a child. You can only apply disciplinary sanctions, for example, a reprimand (severe) or reprimand. Do pregnant women have rights: Video

https://youtu.be/azT0aYTaq7A

Working conditions

The Labor Code provides for the possibility of relaxing the requirements for results and work schedule when an employee’s pregnancy is confirmed, this includes reducing production standards or transferring to another job while maintaining average earnings. If such a transfer took some time, the woman is released from work for this period while maintaining the average salary. The basis is a medical certificate or a statement from the employee herself.

Another common reason for concern is the safety of using a computer during pregnancy. As for the specific influence of technology, scientists do not have a clear opinion on the effect of radiation and electromagnetic fields, but various eye diseases due to constant stress are a very real problem.

We invite you to familiarize yourself with Signs of pregnancy before a delay in the early stages: first signs before menstruation, symptoms a week before a delay, reviews

Maintaining average earnings

It is worth noting that sometimes the employer is obliged to maintain the average salary for a pregnant employee. According to the Labor Code, such a salary can be for a period of time:

performing easier work;
release from work duties due to the harmful effects of production until a suitable vacancy is provided;
passing a mandatory medical commission.

In accordance with regulations, a woman undergoing a medical examination does not need to provide the employer with documents confirming the fact of the medical examination. But still, so that the absence of an official at the workplace is not regarded as absenteeism, and also to maintain the average salary, the employee is recommended to notify the manager in writing about the upcoming visit to a medical facility.

Features of work during pregnancy

During pregnancy, laws provide for relief from a heavy work schedule.

Such employees should not be involved:

at night time;
overtime;
on a rotational basis;
on holidays and weekends;
on business trips.

No pregnancy is complete without regular visits to the antenatal clinic and other medical examinations. The employer is obliged to release the employee to visit doctors and take tests, and the average earnings for this period are maintained.

If everything is clear about physical activity and harmful working conditions, is it possible to do sedentary work during pregnancy? Taking into account changes in the body, this can be fraught with back pain, stagnation of blood in the pelvis and increased load on the intervertebral discs. These consequences of sedentary work during pregnancy can be avoided if you choose the right chair, take breaks for 15-20 minutes every hour and forget about the cross-legged position.

At the request of the employee, she should be given a schedule with a part-time work week or part-time day. Under normal conditions, such a regime is established by agreement of the parties, but in the case of a pregnant woman, her unilateral demand is sufficient.

Responsibilities of the employer regarding the working hours of a pregnant woman

As for management, it is first of all required to fully respect all the rights of an employee who is expecting a child. According to the labor code, the working hours of a pregnant woman should be changed in accordance with her wishes. In this case, it is necessary not only to change the schedule and reduce the number of working hours per week, but also to take into account all the other benefits that are available to officially employed expectant mothers.

The employer’s task should be to strictly comply with all the rules that are prescribed in Russian Labor legislation. Therefore, management does not have the right to refuse a pregnant employee to reduce her working hours if this is her initiative. Even the fact that such a decision may have a negative impact on the work process cannot be a reason for refusal. Here you will have to look for reasonable compromises that will suit everyone. Alternatively, you can hire another part-time employee who will partially replace the pregnant employee.

There should not be certain points in the schedule of employees in this position:

This primarily applies to night shifts. A woman can easily refuse them during pregnancy, as this is provided for in Article 96 of the Labor Code.
In addition, the employer does not have the right to hire disabled employees to work on holidays and official days off. This is stated in Article 112 of the Labor Code of the Russian Federation.
Overtime work is possible only on the initiative of the employee herself. But she can refuse additional hours, which is provided for in Article 99 of the Labor Law.
Pregnant women are also not sent on duty, as Article 298 prohibits this.

Labor rights of a pregnant woman

The Labor Code provides special guarantees for expectant mothers, making it possible to protect this category of workers, which is not very popular with employers. This applies not only to employees, but also to those who are just starting a new job, since pregnancy cannot be a basis for refusal of employment. Such women cannot be given a probationary period.

With regard to vacations at work, the Labor Code guarantees women during pregnancy the following rights:

The next leave can be granted as scheduled either immediately before or immediately after maternity leave. Moreover, it can also be taken by those women whose work experience at the enterprise is less than six months, whereas in general, employees can go on vacation only after 6 months of work.
It is impossible to recall an employee from vacation even if she agrees to it.
It is unacceptable to compensate unused vacation with money; a pregnant woman must use it in full.
Maternity leave is granted for 140 days (in general), 156 (for complicated childbirth), 160 (for living in a radioactive area) or 184 (for multiple pregnancy) days. It begins 70 days (in general), 90 (for those living in a radioactive area) or 84 (for multiple pregnancies) days before birth. The duration of leave does not depend on length of service, position, salary or other similar factors. During pregnancy, it is paid after providing sick leave in accordance with federal laws based on the average daily earnings at work, and the source of funds is the Social Insurance Fund, not the employer. If a woman decides to work even when she is 8-9 months pregnant, she receives a salary, but not a benefit - it is accrued only after she goes on vacation.

Rights and guarantees for employees in position

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

First of all, it should be noted that the employer does not have the right not to hire an employee for a suitable position who is in a position solely because of her condition. The second important right for a woman during pregnancy is the opportunity to receive maternity leave. At this time, the company must pay the employee certain financial assistance in the amount established by Russian legislation. For an expectant mother who is officially employed, there is a law that prohibits her dismissal

This also applies to the period of maternity leave. There can only be two options here. A woman in this position may be removed from her position due to a very serious violation of the work schedule or due to the liquidation of the enterprise. A woman in this position has the right to take paid leave at a time that is convenient for her. That is, she does not necessarily have to follow the sequence according to the schedule. At the same time, one should not forget about the employer’s obligation to send her on maternity leave at the 30th week of an employee’s pregnancy. The only exception may be a woman’s personal desire to continue working until childbirth. Separately, it is necessary to say about the work schedule of pregnant women according to the labor code. For employees in this position, it can be significantly changed. Moreover, in some cases, a reduction in working hours is provided for at the same salary. The opportunity to obtain a position with fewer responsibilities or with more favorable environmental conditions is also a privilege for a pregnant woman.

Parental leave – how to get it?

At the request of a woman, she is granted maternity leave until the child reaches the age of 3 years. During this entire time, she receives state benefits.

Parental leave can be divided into 2 parts:

The first 1.5 years of a child’s life, when a woman or another family member (father, grandmother, grandfather or other relatives who actually care for the child) receive a monthly benefit from the Social Insurance Fund and a compensation payment from the employer.
For children from 1.5 to 3 years old, the mother is awarded compensation in the amount of 50 rubles at the place of work.

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What rights do you have during maternity leave?

Parental leave is counted towards the total and continuous work experience, as well as into the work experience in the specialty.
If there is an application, a woman on maternity leave can work part-time or at home while maintaining the right to receive state social insurance benefits. The woman retains her place of work and position.
Before maternity leave, or immediately after it, or at the end of parental leave, a woman, at her request, is granted annual paid leave, regardless of her length of service with a given employer, i.e. at this job.

Do I need to confirm pregnancy and when?

Before we tell you what guarantees are provided to working pregnant women, let us clarify: not a single law specifies the period for notifying superiors about pregnancy.
Judicial practice shows that even if the employer did not know that the employee was planning to become a mother, this does not relieve him of responsibility for violating the norms of the Labor Code of the Russian Federation (clause 25 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated January 28, 2014 No. 1). Since not only employers, but employees themselves are interested in providing benefits, we recommend explaining to the female part of the team how and when pregnancy is confirmed.

The very first document indicating a woman’s interesting position is a registration certificate, which is issued at any antenatal clinic. If you register for up to 12 weeks, the expectant mother will be paid a one-time benefit (from 02/01/2019 - 655 rubles 49 kopecks) along with maternity benefits. But the document itself or a copy of it can be presented earlier if, for medical reasons or other reasons, the employee has already received the right to certain benefits. The registration certificate will help the employer provide all the guarantees to pregnant women under the Labor Code of the Russian Federation, and the workers themselves will not be left at a loss.

How to combine pregnancy and work

It's no secret that many women continue to work once they become pregnant. There are a lot of reasons - fear of losing a good job, interest and pleasure, and simply the need to support yourself. We offer different workload options for you to use while you wait for your baby to arrive.

Pregnancy and work are by no means mutually exclusive concepts. Of course, your new condition can leave a serious imprint on your professional activities. You will have to give up night shifts, overtime, heavy physical work, high stress and an unfavorable environment (salesperson in hot or cold weather).

If, with a decrease in your workload, you have freed up time (for example, you took maternity leave) that you are ready to devote to something useful, then remember and think about what you would like to learn? What training programs have you been offered for a long time, but you refused due to lack of time? What can you learn to improve in your profession? What new specialty can you acquire?

It’s hard to even imagine how huge this list is! You can study both via the Internet and by attending classes in educational centers in your city.

Touch typing, manicure, writing, massage, various types of needlework, accounting computer programs, illustrator programs, cutting and sewing courses, makeup, photography, tourism management - this is not a complete list of what you can study during your career. pregnancy. In addition, you can start learning the language - many people put it off!

You can learn programs that will help you when you return to work, or learn information that you will need for a future promotion. In short, you know better how you can develop in your field.

Some of these activities do not require very long learning and are quite simple for pregnant women. Therefore, you can immediately make this your additional activity if you have lost your income or are simply bored without an activity.

If you are out of work (voluntarily or not), be sure to research social services that can help you. For example, a job center often offers certain types of training for the unemployed. Perhaps they will be able to offer you something suitable for the period of pregnancy.

If you had to give up your day job, you can always remember long-forgotten skills (if you had any) and take up tutoring, teaching, say, sewing, or even organize your own cooking classes. You can additionally study mathematics/economics/geography with schoolchildren or students. If you just set your mind to it, there will definitely be opportunities!

Spending a lot of time on the computer is harmful not only for pregnant women. However, we know that sometimes you can’t live without it. And now working from home is perhaps the best option for combining work and pregnancy.

Freelancing – everyone has heard this word. There are many sites where you can find a job/part-time job in the fields of working with text, advertising, programming, design, translation, photography, teaching, consulting, etc. The advantage of this work for you is that you are not tied to a place (office), are not bound by a rigid schedule and can plan your time as you need. Usually this work is not too difficult, and even at a later date you can perform it successfully.

If, for health reasons, it is difficult for you to travel to the office or stay there full time, you can ask your boss to move your work to home. Or at least allow you to work from home for a while. Of course, if your job allows you to do so. Many tasks that do not involve active communication with clients can be performed anywhere. Modern means of communication, such as telephones and instant messengers, simplify this procedure.

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Where to look for work and what methods to use

Today there are many ways to find a job. For the fastest possible employment, the expectant mother needs to use them as much as possible. Time in this case does not work in favor of the applicant.

The most accessible way for an expectant mother is through Internet sites that provide job search services. Often, such resources contain entire collections of vacancies that provide information about where a pregnant woman can get a job. Social networks have also recently become a popular way to find a job.

Another way to search is to contact employment centers. Moreover, you can receive information about new vacancies from them without leaving your home. To do this, you need to connect an email newsletter.

And, of course, the expectant mother should not forget about her many friends and acquaintances. Information regarding possible employment prospects is very important. For a woman deciding how to get a job while pregnant early, every day the chances of possible employment remain less.

Main positions suitable for pregnant women

It is best for a pregnant woman to find a job in the public service. Or in a commercial structure - provided that this organization complies with all the requirements of labor legislation. In this case, the employee can be sure that her rights will not be infringed.

We must not forget that pregnancy imposes certain requirements on working conditions. And a number of vacancies, perhaps with higher salaries, are not suitable. For a pregnant woman, the ideal option would be work that does not require nervous and physical stress.

If the work involves using a computer, it is better for a pregnant woman to use a laptop or LCD monitor. In this case, the back wall of the nearest computer should be at a distance of at least 2 meters from the expectant mother.

Suitable vacancies include the following:

taxi service dispatcher (remotely),
online store manager,
office worker,
librarian,
employee of a kindergarten or children's development center,
clerk,
call center operator,
copywriter

How to make your work process easier during pregnancy?

Throughout pregnancy, expectant mothers are contraindicated from lifting heavy objects, working in extremely hot conditions or in conditions of high humidity. In addition, you should avoid standing in one place for long periods of time, as well as exposure to harmful substances. Below we provide some useful recommendations for organizing a comfortable work process during this special period of life.

If your job requires you to be on your feet for a long time, take breaks every 1–2 hours. When you sit, try to put your feet on some elevation to prevent swelling. Alternating your legs on a low chair or box will help reduce the stress on your spine.
If your work requires you to lift heavy things, bend over, or walk on stairs, ask your doctor for advice. Talk to your boss about changing your activities for this period. Try not to climb stairs, especially in the last trimester when your center of gravity changes. We remind you that lifting weights is contraindicated at all stages of your pregnancy!
For typical office work, take frequent breaks. Take a walk to stretch your legs and improve your circulation. Place your feet on an elevated platform when sitting. Leg stretching exercises will also come in handy: extend your leg forward, then bend your foot. Repeat 3-4 times. They should be performed several times an hour. Do back stretches and/or place a pillow under your back when sitting.
There is a myth that sitting in front of a computer monitor for long periods of time increases the risk of miscarriage. It is not true. However, every 2 hours you need to take a 15-minute break and walk. This will improve blood circulation and help relax your back muscles.
If your work involves radiation or harmful chemicals, it is better to discuss this issue with your doctor at the stage of pregnancy planning. If you are going to continue working in this production, take care of safety measures. Ask for a temporary job transfer or take early maternity leave.
Avoid long trips. If your job requires frequent business travel, try to reduce the number of trips in the last trimester of pregnancy. When your due date approaches, stay close to home and your doctor. If you have varicose veins and have to sit a lot while traveling, such as on a flight, get up and move around every hour to improve blood flow to your legs. Drink enough fluids. If you are traveling by car, do not forget about the seat belt and make sure that its lower part goes under your stomach without squeezing it.
Stay calm! Try to avoid stress during the workday. Hard work is not for you now. Provide yourself with adequate rest during non-working hours. Reduce physical and mental stress. If possible, lie on your left side during breaks. If you are tired, ask to go home early.
Wear comfortable flat shoes, a bandage and special supportive tights.
Dress comfortably and preferably in layers. Because your body temperature rises during pregnancy, you should be able to remove some clothing during the day to avoid overheating.
If possible, empty your bladder every 2 hours to avoid retaining fluid. This will also help prevent cystitis, a common problem among expectant mothers.
Avoid smoky rooms! They are not only harmful to the unborn baby, but can also increase your fatigue.

In general, you need to listen to your body, especially in the first months of pregnancy. During this time, your baby's organs are forming. Pay attention to everything unusual that happens to you. If you start to feel more discomfort than usual, especially if you experience pain in the lower abdomen or lower back or bleeding, do not ignore it. There is no more important job than caring for the health of an unborn child.

Video

How I looked for a job while in a position

It was difficult to look for a job because I needed a schedule until no later than 5 p.m. in order to have time to pick up my daughter from kindergarten. But I considered any suitable options where I hoped to meet the employer’s loyalty.

The process went according to the following scheme:

Search for a suitable vacancy on various employment sites.
Sending your resume to the employer's email address.
Telephone conversation with the employee responsible for recruiting and scheduling an interview.
Interview.
Analysis of the proposed conditions and making a decision on whether the vacancy is suitable.

I chose absolutely any options that at least approximately corresponded to my qualifications, and sometimes were even significantly lower than them. I didn’t consider it shameful to even consider a vacancy as a salesperson or administrator.

My search lasted about a month. During this time, I went to several dozen interviews and sent out about 50 resumes. Time passed, and I realized that in a few months it would be difficult for me to hide my situation, so I urgently needed to get settled.

As a result, I found the best option for several jobs that allowed me to save money for the future and get official employment:

Administrator in dentistry with a schedule of 8.30-15.30 for 5 working days with official registration.
Remote home call center operator with a flexible schedule.

Taking my daughter to kindergarten in the morning, I ran to work. At the end of my shift, I picked up the child, put him to bed and sat down to my second job until one in the morning. On weekends, parents sometimes took their daughter with them or her husband sat with her all day, and then I could additionally work in a call center.

I lived in this mode almost until the birth. It was difficult, given my difficult situation, but the money was more needed. Therefore, I tried to work every free minute, but still took care of myself, worrying about the health of the unborn baby.