Shortened working hours for pregnant women: registration rules and important points

And failure to comply risks liability. Let's consider how to avoid conflict in such a situation. 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.

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

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

for pregnant women, according to the labor code, 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. But the law obliged the employer, based on the written desire of a pregnant employee, to review the duration of her working hours (Article

93 TK). 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);
overtime (Article 99 of the Labor Code);
on weekends and holidays (Article 112 of the Labor Code);
on shifts (Article 298 of the Labor Code).

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Special conditions for pregnant workers (as provided by the labor code)

» » Not all representatives of the fair sex know what the labor code provides for pregnant workers and what benefits they can count on.

However, this information can significantly help a woman carrying a child, because now she is responsible not only for herself, but also for the unborn baby.

For an employer, an employee's pregnancy always brings a lot of trouble. This is due to the fact that expectant mothers are entitled to various benefits and special working conditions.

Even the work schedule of an employee in this position may differ from usual if there are compelling reasons for this, for example, medical indications.

Once pregnancy is established, a woman can legally receive certain benefits.

Exactly what conditions are required for the expectant mother depends on her state of health and the place of work where the fair sex worked before becoming pregnant.

It is very important for the employer to comply with all the conditions provided for by Russian legislation.

Otherwise, such a situation may threaten the responsible persons with serious administrative and even criminal liability.

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

Russian legislation has introduced a number of special rules that help regulate the labor activities of pregnant employees.

Despite the fact that some employers are hostile to this, such laws were adopted not to complicate their lives, but to preserve the health of the woman and the unborn child. The main document that you should focus on in this case is.

Here is a whole list of norms, laws and regulations that will allow you to establish the correct work schedule for an employee in this position. Moreover, all laws apply to all employers and employees, regardless of the type of enterprise and their location.

For some representatives of the fair sex there are also special benefits. They concern primarily those who work in hazardous enterprises, work with frequent business trips and night shifts. Special laws also apply to those representatives of the fair sex who work in municipalities and in the public service.

Future military mothers can also expect special privileges. For these cases, special legislation is provided, but sometimes provisions from the Labor Code are also used.

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 who is in a position solely because of her condition for a suitable position.

The second important right for a woman during pregnancy is the opportunity to receive maternity leave.

Features of the work schedule

Each manager is obliged to fully respect all the rights of an employee in a position. The Labor Code provides for changing the work schedule of the expectant mother, taking into account her wishes. In addition to changing the schedule and reducing the number of hours of work, additional benefits provided to pregnant women working officially should also be taken into account.

The employer is required to thoroughly comply with all norms of the labor code and rules regarding pregnant employees specified in the legislation. The boss cannot refuse to reduce the working day to the expectant mother if she herself wants to reduce the number of hours due to poor health or for another reason. Any refusal will be regarded as an illegal action.

Even if the employee’s wish negatively affects the work process, it cannot become a reason for refusal. In such cases, the employer and employees are looking for compromises that can suit both parties. Typically, during the maternity leave of the expectant mother, a temporary employee is hired who will perform her duties and work full or part time.

Vacation after maternity leave.

A pregnant woman’s schedule should not contain a number of requirements:

night shifts should not be included in the schedule of a woman in a position who has the right to refuse them in accordance with Article 96 of the Labor Code of the Russian Federation,
Working on weekends and holidays is also prohibited for pregnant women. The employer must comply with this rule, prescribed in Article 112 of the Labor Code of the Russian Federation,
an employee in this position can work overtime at will, but is not obliged to perform additional work and work overtime, as specified in Article 99 of the Labor Code,
Pregnant women should not work on shifts, as this is prohibited by the regulations of Article 298.

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? Important! All women expecting a child are entitled to part-time work, which is another added benefit. An employee in this position can set such a schedule at her own request or leave her standard work schedule if she can cope with her responsibilities without harm to her health. Salaries will be calculated according to the number of hours worked.

In order not to lose additional income, you can refuse to reduce your work schedule. But since each situation is individual, the schedule must be discussed with the employer, who does not have the right to insist on its forced replacement. A woman will need to weigh the possible pros and cons of working overtime, which could affect her own condition and the health of her unborn child.

If a busy working day will negatively affect the well-being of a pregnant woman, it is worth exercising the right to reduce the number of working days in the work week. Since the expectant mother needs to rest more often and not be overworked, money should not be a predominant factor in favor of giving up a convenient schedule. In this case, the employee in any case retains the right to paid maternity leave.

An employee in a position can take leave whenever it is convenient for her. Its terms and payment should not change and will depend on the employee’s salary level, as well as a number of other factors, including her position and length of service at her last place of work. Also, the expectant mother can add her standard leave to maternity leave, increasing the number of days by one or several months.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

To prevent many unpleasant moments, a pregnant woman first needs to get a certificate confirming her pregnancy from the female gynecology department where she is registered. You need to check that the document is certified by the signature and seal of the doctor.

The presence of a certificate, says Article 259 of the Labor Code of the Russian Federation, guarantees a pregnant woman protection from:

overtime work;
labor at night;
working on weekends and non-working holidays;
business trips.

Moreover, the restriction applies to all types of business trips, lawyers prescribe in the explanations to the legislative article. So it doesn’t matter whether an employee in an interesting situation needs to leave her hometown or whether she will have the opportunity to return home every day while on a business trip. She can (and should) rightfully refuse such an event in her life associated with a violation of her usual work schedule.

How long should a pregnant woman work part-time? She must decide this on her own by filling out an application. The employer’s obligation is to fulfill the documented wishes of the pregnant woman.

Unfortunately, working under such conditions will also bring the expected reduction in salary. But there is good news: part-time work cannot limit the number of days of basic annual paid leave. In this case, Article 93 of the Labor Code of the Russian Federation will tell you more about all labor benefits.

The decision to switch to part-time work for a pregnant woman is an important and difficult step. This is where value guidance helps. What is more important at the moment: a tidy sum of vacation money or the healthy development of the unborn child.

Plunging into everyday work, a pregnant woman should in no case forget about the important mission entrusted to her - bearing a healthy baby who will delight her, her family and friends for the rest of her life.

What does part-time work mean? A reduction in hours of work per day, as well as, in the case of a part-time work week, a reduction in the number of days on which a woman will have to go to work.

A pregnant woman needs to decide whether it is acceptable for her to switch to a five-day work week instead of the six-day work week enshrined in the regulations of the institution. Or shorten your week by a couple more days? Or he can stay a full week, but reduce his time at work by the hour, so that after working time he can spend more time in the fresh air or just lie on his bed at home. It is worth not forgetting about the combined option: going to a shortened work week with a shortened working day.

Many employers may not like the reduced work schedule of a pregnant employee. You need to be prepared for this in advance. It must be remembered that only the liquidation of the institution will allow the employer to terminate the employment relationship with you. The same applies to employment: a woman cannot be shown the door on the basis of her pregnancy, which will subsequently entail a leave of absence.

A pregnant woman works part-time. How much to pay?

You are here Magazine: Everything for the personnel officerYear: 2011 Author: Zulfiya Nailievna Burnasheva Topic: Part-time work, Remuneration Category: Is there a problem?

Here's the solution

Regulatory documents Labor Code of the Russian Federation (extract)

A month and a half ago, our employee, who is in an “interesting situation,” applied for part-time work. The management, of course, agreed to meet them halfway.

because by law she has the right to do this. They signed an agreement and 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 much less wages than before.

And it is not surprising, because the salary was paid to her in proportion to the time worked. However, the pregnant employee does not agree with this state of affairs and threatens to file a complaint with the labor inspectorate, allegedly the employer must maintain her average salary. So we doubted it. Maybe the law really makes an exception for pregnant women in terms of payment for part-time work?

Yeah, it's always like that with pregnant women.

There are many labor guarantees by law, but 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 on both the health of women themselves and 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 must be expressed (oral or written), in practice, women turn to the employer with a written application, attaching a document confirming pregnancy (medical certificate). 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 the ability or impossibility for a woman to perform work full time does not matter.

IT IS FORBIDDEN! Require a medical certificate from a pregnant employee stating that she cannot perform work during normal working hours. The establishment of part-time working hours is formalized by agreement of the parties to the employment contract. In this case, part-time working hours can be established both when hiring a pregnant woman - by an employment contract, and in the future - by an additional agreement to the employment contract.

In the employment contract (additional agreement), the parties specify the type of part-time work, working conditions (specific length of working time, start and end times of the working day - for a part-time working day, working days - for a part-time working week) and, of course, new payment conditions labor.

What exactly should be mentioned in this statement?

Be sure to indicate by how many hours, as well as in what mode (shortening the work shift, working week, or both) you want to reduce your working time. Clearly define the time limits (from a week to several months) within which you plan to work reduced working hours.

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Mention that you have a medical certificate from the antenatal clinic documenting the fact that you are pregnant (it will need to be attached to the application). It is better to prepare this petition in at least two copies. One is given to the manager, the second, with a special note from the personnel service about the acceptance of the document for consideration, will remain in the applicant’s hands.

It should be understood that a pregnant employee does not have the right to begin working on an “updated” schedule until her employer has prepared all the necessary official documents. Among them:

an appendix to the current employment contract with a detailed description of the new work schedule and an indication of the salary established for a specific employee;
a special order on the entry into force of the above changes.

Otherwise, the employee can be legally held accountable for violating internal labor regulations, even despite her pregnancy. However, if the employer is in no hurry to complete the necessary documentation on time or completely denies the expectant mother her right to work according to a special schedule with a shortened work week, it will be possible to sue him. To do this, a pregnant employee will only need to submit a corresponding application to the labor inspectorate.

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Procedure for reducing working hours for pregnant employees

4634 Page contents The legislation of the Russian Federation reliably protects the rights of pregnant women. The benefits provided to this category of employees are set out in the Labor Code. One of the benefits is the formation of a special shortened working day.

Installed only on the initiative of the employee. Article 254 of the Labor Code of the Russian Federation stipulates that an employee for medical reasons can apply for a reduction in working hours. Pregnancy is one of these indications.

The employer has the following obligations to the pregnant woman:

Reducing the duration of a shift at the request of an employee.
Protecting the employee from harmful and dangerous types of production that can negatively affect the woman and the fetus.
Transfer to a workplace with the most favorable conditions.
Reducing production standards, if they are present in production.
If it takes time to find a suitable vacancy for an employee, she is released from dangerous work throughout the entire period, but receives a full salary.

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IMPORTANT! Despite the change in the work schedule, the pregnant woman retains her full salary. If an employee needs to undergo examination or treatment in a hospital setting, she retains her original job and salary for the entire period.

Article 93 of the Labor Code of the Russian Federation stipulates the procedure for reducing shifts. It is determined depending on the wishes specified in the employee’s application. The employer can reduce:

shift and week.
week while maintaining the same shift duration.
shift while maintaining a full week;

Similar benefits are provided to the following groups of persons:

People who have adopted children.
Persons caring for sick relatives (a medical certificate will be required to receive benefits).
Employees raising a disabled child under 18 years of age.
Persons with registered guardianship of a child under 14 years of age.

ATTENTION!

When working hours are reduced, there is no deduction of vacation pay.

The length of service is calculated without changes. Salaries are calculated in the same manner: based on hours worked or the totality of work performed.

Any pregnant woman can demand a reduction in working hours, regardless of how far along she is. Benefits can be provided both at early and late stages. Regardless of the period during which the working day is shortened, an appropriate medical report from a gynecologist will be required.

An ordinary certificate from the antenatal clinic is enough. There is no need for special documents about the difficult course of pregnancy or poor health.

The requirement to provide benefits is the right, but not the obligation of the employee.

If a pregnant woman wants to continue working as usual, it is enough not to submit an application for a reduction in hours to the employer. IMPORTANT! These rules are relevant for any employing organization: budgetary institutions, individual entrepreneurs, commercial structures. The Labor Code of the Russian Federation does not stipulate the number of hours by which the working day should be reduced.

Registration procedure

The following stages of shortening a shift or work week can be distinguished:

A pregnant woman turns to the antenatal clinic for a certificate of status.
Contact the company's HR department.
Submitting an application in writing (a medical certificate is attached to the application).
Leaving the resolution on the application.
Preparation of an additional agreement to the employment contract in two copies and its signing by the employer and employee.
Issuance of an order regarding changes to the work schedule.

The order also requires a statement of the procedure for changing the calculation of wages.

Application example

The application is not standardized and can be drawn up in free form. However, it must contain all the necessary information. When compiling, you can use the following example as a guide:

To the director of Orion LLC, V. B. Zaitsev, from project manager E. I. Sidorova.

statement.

I ask you to reduce your work shift by 1-2 hours due to pregnancy on the basis of Article 93 of the Labor Code of the Russian Federation. To confirm pregnancy, I enclose a certificate dated September 8, 2020 with registration number 0667785.

/Sidorova/ Sidorova E.I.

At the end of the application, a signature and date of preparation must be affixed. The exact content of the document depends on the wishes of the employee. For example, it may require a four-day workweek with an additional hour reduction in shifts.

ATTENTION! The document is drawn up in two copies. One of them remains in the personnel department, the other is in the hands of the employee. The second copy bears a mark indicating registration of the application in the appropriate journal. This is necessary to confirm that the paper has been submitted.

The application may contain additional requirements. For example, if an employee does not want to reduce her shift until her pregnancy is over, she can ask for a change in her work schedule for a few months or weeks.

Right to shortened working hours for pregnant women

Labor legislation provides special benefits for pregnant workers, including those who wish to continue working.

The preferential organization of labor activity also includes a shortened day - work according to a special working day established for preferential categories of workers. Any working woman can take advantage of this privilege while waiting for the birth of a baby. But it should be remembered that the reduced work time is not set automatically (due to pregnancy). The employee will have to take the initiative and contact the head of the enterprise, organization or institution with a corresponding written request. Contents: According to Article 254 of the Labor Code, a shortened day can be established for medical reasons (and the request of the employee). If you want to know how in 2020 To solve exactly your problem, contact us through the online consultant form or call:

Saint Petersburg: .
Moscow: .

Employers are also obliged to reduce production standards or transfer the woman to a workplace with more favorable conditions for her health. It is necessary to eliminate all harmful or dangerous factors that may threaten

child's life and mother's health.

In this case, the salary at the previous workplace is retained by the employee in full. Also, the workplace is retained for the entire period of examination or treatment in the hospital, if such was assigned to the pregnant employee. And during the period of searching for a suitable vacancy, a woman is relieved of her main job functions with mandatory retention. Article 93 of the Labor Code shows the procedure for granting a shortened working day.

Depending on the employee’s request reflected in the application, the employer sets the abbreviated form:

week;
shift;
day.

At the same time, adoptive parents or persons guarding children under the age of fourteen can count on the same benefit.

And if we are talking about raising a disabled person, benefits are provided until he turns eighteen years old.

In addition, persons with an appropriate medical certificate can reduce their working time.

Part-time work does not entail any restrictions in the accrual of vacation funds or calculation.

Remuneration is carried out according to a proportional system - that is, depending on the hours worked or the volume of work performed. If you want to find out how to solve your particular problem, contact us through the online consultant form or call the following numbers:

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Saint Petersburg: .

Any pregnant employee has the right to have a shift or working day reduced, regardless of the stage of pregnancy.

Therefore, you can receive such a benefit both early and late.

Easy work for a pregnant woman.

Article 254 of the Labor Code of the Russian Federation. Article 93 of the Labor Code of the Russian Federation. Part-time work

Pregnancy is a wonderful time.

But this is not only joy. For a woman, this period is not only responsible, but also very difficult.

The body is completely changing, constantly transforming. Often, pregnancy seriously affects a girl’s performance. If she is employed, then this situation will also affect the quality of work.

Therefore, in Russia light work is provided for a pregnant woman. This measure is prescribed in the country's Labor Code. But light work is far from the only opportunity given to pregnant women in terms of working activities.

What rights does a woman have during such a crucial period? What does the Labor Code of the Russian Federation regulate? For girls who have received the status of pregnant women, there are special rules and labor standards. They are established at the legislative level.

Of course, we are talking about studying the Labor Code. But what specific articles of legislation should one turn to in order to understand all the peculiarities of the work of pregnant employees? Only a few labor standards are provided.

This is Art. 93 of the Labor Code of the Russian Federation, as well as Article 254 of this country code.

They indicate the basic norms and rules that an employer must comply with if he employs a pregnant girl. To begin with, you should pay attention to the fact that pregnant women are people whose health is being undermined.

The performance of such an employee will most likely decrease. And overexertion is fraught with negative consequences for the fetus. In Russia, established laws are designed to protect citizens.

Moreover, pregnant women. Therefore, the first rule that is provided for is that all employees who have received the status in question must work with changes in production standards. They should be reduced. To what extent? It all depends on the woman’s health condition.

Often, medical workers give girls certificates with recommendations on this matter. The peculiarities do not end there. The point is that light labor for a pregnant woman is necessarily provided by the employer.

If we are talking about a vacancy that involves working in an unfavorable environment for subordinates, you will have to worry about eliminating these factors. That is, when a woman in an interesting position works, say, in a hazardous industry, the employer must find her a more suitable vacancy. That is, the employee is transferred to light work.

And this process is not necessarily accompanied by a decrease in load - you can change the nature of the work. A fairly common practice in Russia. The two above points have one huge feature.

And both pregnant women and employers should know about it. After all, violation of the Labor Code of the Russian Federation is not permissible.

A woman whose rights have been violated can complain against her employer.

To prevent this from happening, you will have to take into account all established norms for the assignment of light labor. We are talking about earning money. Typically, a lighter workload means lower pay. But not in the case of pregnant women.

According to established rules, the salaries of such people cannot be reduced.

Easy work

Rights and guarantees for employees in position

Pregnant women who are officially employed can count on a list of benefits provided by law.
Attention! Such benefits make it possible to assert your rights, achieve payments and compensation, and also change your work schedule if necessary:

no director of an enterprise can refuse to provide a job to a pregnant woman, citing her condition, if she meets the requirements of a specific position,
the right to leave is inalienable and allows a woman in a position to receive financial assistance for the period of her incapacity for work in the amount established by the legislation of the Russian Federation,
If a woman is officially employed and is expecting a child, by law the director of the enterprise cannot fire her. The only exceptions considered are violations of work regulations or complete liquidation of the enterprise. This rule also applies to the period of maternity leave,
a pregnant woman can take a vacation at any time convenient for her. The manager should not insist on compliance with the schedule on a general basis. In this case, the employee must go on maternity leave no later than the 30th week of pregnancy. If the expectant mother decides not to interrupt work before giving birth, only this factor can become an exception,
The work schedule of pregnant women has its own characteristics according to the Labor Code of the Russian Federation and can change significantly. Even if an employee wants to reduce her working hours, the employer cannot reduce her salary. Another advantage is the possibility of obtaining a position with a lower workload or more favorable conditions.

Is it possible to take a vacation before maternity leave?

Part-time work for a pregnant woman

Good afternoon According to Art. 179 of the Labor Code of the Russian Federation, When the number or staff of employees is reduced, the priority right to remain at work is given to employees with higher labor productivity and qualifications. With equal labor productivity and qualifications, preference in remaining at work is given to: family - if there are two or more dependents (disabled members families who are fully supported by the employee or receive assistance from him, which is their permanent and main source of livelihood); persons in whose family there are no other independent workers; employees who received a work injury or occupational disease while working for this employer; disabled people of the Great Patriotic War and disabled people fighting in defense of the Fatherland; employees who improve their qualifications in the direction of the employer without interruption from work. The collective agreement may provide for other categories of workers who enjoy a preferential right to remain at work with equal labor productivity and qualifications. In accordance with Article 268 of the Labor Code, which determines guarantees for the conclusion and termination of an employment contract for pregnant women and women with children, termination of an employment contract on the initiative of the employer with pregnant women, women with children under three years of age, single mothers with children aged from three to fourteen years (disabled children up to eighteen years old), is not allowed, except in cases of liquidation of the organization, termination of the activities of an individual entrepreneur, as well as on the grounds provided for in paragraphs 4, 5, 7, 8 and 9 of Article 42 and paragraphs 1 - 3 of Article 47 of the Labor Code.

At the same time, due to a reduction in the number or staff of workers, these categories of women cannot be fired. In a situation where a woman was pregnant at the time of dismissal due to staff reduction or staff reduction, and the pregnancy did not persist subsequently, she is subject to reinstatement at work, since the law does not link the ban on dismissal of a pregnant woman with the further course of this pregnancy. In this case, the fact that the woman was pregnant at the time of dismissal is considered decisive.

It must be emphasized that the employer is obliged to reinstate a pregnant woman at work, regardless of whether the pregnancy was known on the day of dismissal or not.

In any case, such dismissal is considered illegal.

who is interested in part-time work for pregnant women, click here

Part-time working Part-time working time is considered to be less than normal working hours (i.e.

less than 40 hours per week), established by agreement of the parties and paid in proportion to the time worked. The following types of part-time work are distinguished: - part-time work (shift): only the number of hours of work per day (shift) is reduced, for example, daily for four hours, five days a week instead of the eight hours per day (shift) established in the organization; - part-time work week: the number of days of work is reduced, for example, three days a week for eight hours instead of the established five days for eight hours; - mixed, i.e. part-time, working day (shift) and part-time work week: the number of hours and days of work is reduced, for example, three days a week for three hours instead of five days for eight hours.

When establishing part-time work, it is necessary to remember the significant differences from reduced working hours.

For more information about this, see paragraph 2 of this material.

Employees working part-time enjoy the same benefits and guarantees as those who have normal working hours: work time is counted in the insurance period as full working time; Weekends and holidays are provided in accordance with labor laws, etc.

(Part 3 of Article 93 of the Labor Code of the Russian Federation). The initiative to establish part-time work can come from any party to the labor relationship, i.e.

such time is set both at the request of the employee and at the initiative of the employer.

3.1. Categories of employees who have the right to establish part-time working hours The norms of the Labor Code of the Russian Federation allow, by agreement of the parties, to establish part-time working hours for any category of employees of the organization (for example, those undergoing training in this organization (Part.

2 tbsp. 203 Labor Code of the Russian Federation)). However, there is a certain circle of people for whom the employer is obliged to establish a part-time working day (shift) or a part-time working week at their request.

These include (part 1 of article 93, article 256 of the Labor Code of the Russian Federation): - pregnant women; - one of the parents (guardian, trustee) with a child under the age of 14 years (disabled child under the age of 18); - a person caring for a sick family member in accordance with a medical certificate issued in the prescribed manner; - a woman on parental leave until the child reaches the age of three, the child’s father, grandmother, grandfather, other relative or guardian who is actually caring for the child and wants to work part-time while maintaining the right to receive benefits; — graduate students studying by correspondence (Article 19 of the Federal Law of August 22, 1996 N 125-FZ

“On higher and postgraduate professional education”

3.2. Grounds for establishing part-time working time at the request of an employee To establish part-time working time, an employee to whom the employer is required by law to do this must write

How long can it take to apply?

Every pregnant employee can exercise the right to reduce her working day or shift, and this does not depend on the duration of her pregnancy. Such benefits are possible both early and late. For the early deadline, medical confirmation will be required to prove the employee's status.

The employer does not have the right to insist on a forced change of schedule. The employee may refuse to reduce the number of working hours and manage her working time taking into account her condition. Some women choose to work a standard 40-hour week until the very last month. In this case, the employee does not have to prove her poor health and provide additional documents.

To confirm, the very fact of pregnancy and a corresponding certificate from a doctor from the antenatal clinic will be sufficient. Each woman carrying a child has a special status, since during this period the female body is subjected to double stress and needs additional rest. The right to such rest for pregnant employees is enshrined in legislation and is regulated by the norms of the Labor Code of the Russian Federation.

It must be remembered that the rules for reducing working hours are general and apply to all employers, including government organizations, private enterprises and individual entrepreneurs.

Transfer to part-time work during pregnancy

Good afternoon.

Are you interested in working conditions during pregnancy - in particular, if the entire working day is sedentary work at a computer, how realistic is it to switch to a shorter working day (4-5 hours)?

What does this require? And most importantly, should the employer maintain the average salary or will it decrease proportionally? Thank you in advance. February 28, 2020, 15:55, question No. 1922211 Rina, Kazan Collapse Online legal consultation Response on the website within 15 minutes Answers from lawyers (3) 6160 answers 1999 reviews Chat Free assessment of your situation Lawyer, Kazan

Vladivostok Free assessment of your situation Hello, I think that your work is not entirely suitable for transfer to another position in my opinion. Article 254. Transfer to another job of pregnant women and women with children under the age of one and a half years Guide to personnel issues. Questions of application of Art. 254 of the Labor Code of the Russian Federation. Pregnant women, in accordance with a medical report and at their request, have production standards and service standards reduced, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings for their previous job. Until a pregnant woman is given another job that excludes exposure to unfavorable production factors, she is subject to release from work with preservation of average earnings for all working days missed as a result at the expense of the employer. (as amended.

Federal dated June 30, 2006 N 90-FZ) (see the text in the previous edition) When undergoing mandatory medical examinations in medical organizations, pregnant women retain the average earnings at their place of work. (as amended by Federal dated November 25, 2013 N 317-FZ) (see text in the previous edition) 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 age one and a half years. (edited)

Federal dated 06/30/2006 N 90-FZ) (see text in the previous edition) February 28, 2020, 15:56 0 0 5009 replies 1817 reviews Chat Free assessment of your situation Lawyer,

Tula Free assessment of your situation Are you interested in working conditions during pregnancy - in particular, if the entire working day is sedentary work at the computer, how realistic is it to switch to a shorter working day (4-5 hours)?

What does this require? And most importantly, should the employer maintain the average salary or will it decrease proportionally?

Rina Good afternoon! Rina, this is quite real. In accordance with the Labor Code of the Russian Federation (Article 93), the employer is obliged to establish part-time working hours at the request of a pregnant woman.

When working on a part-time basis, the employee’s remuneration is made in proportion to the time he worked or depending on the amount of work he performed.

Advice for expectant mothers

Pregnancy changes a woman's attitude towards herself and work. Not everyone can maintain the same pace of life, the body is rebuilt, which leads to drowsiness, memory problems and poor health, and physical work during pregnancy becomes especially difficult. On the other hand, pregnancy is not a disease, and the expectant mother may well continue to live as she is used to, but with some nuances.

Remember, your main task is to bear a child, and stress, overwork, and lack of sleep bring with them complications for the health of the mother and fetus. Don't overexert yourself - physically or mentally. Feel free to relax, have a snack, or go out for air. Ask for shorter hours or different working conditions if necessary.

Pregnancy in itself is not a contraindication to work, but in some cases the gynecologist may insist on the need for inpatient or outpatient treatment. Preeclampsia, threat of miscarriage, miscarriage, placenta previa, as well as spotting, pain, lack of movement - this is a reason to quit all work, no matter how important they may be.

When to talk about pregnancy at work, each woman decides for herself, taking into account all the pros and cons. If you do not want attention from colleagues, are afraid of problems, or work requires maintaining your appearance, for the first 3-4 months you can hide your condition with the help of clothes, however, then it will be difficult to do this.

If you announce your pregnancy in the first few weeks, try to maintain a balance between the changing capabilities of your body and professional demands. Simply put, if, under the pretext of pregnancy, you transfer all your work to your colleagues in the office, you are unlikely to maintain good relations with them, and your reunion with the team after maternity leave will be greatly complicated.

Employers are usually not eager to hire pregnant women. They do not have the right to refuse a position for this reason, but the motivation may be different. If you are getting a new job, it is better to hide your pregnancy; instead, try to prove yourself as a competent specialist and responsible employee - this will help maintain your relationship with the employer and give you the opportunity to calmly return to this position after maternity leave.

Pregnant employee: where is the line between her whims and the law?

The employee brought a pregnancy certificate to the company.

First, she demanded that her working hours be reduced, then that she work with the computer up to three hours a day, change her desk to a larger one, and provide better lighting.

After these changes, she wanted to move to another office because there was less noise. To top it all off, she demanded that her employer transfer her to work from home.

For failure to comply with all conditions, the pregnant employee threatens to go to court.

Is the employer obliged to fulfill all its requirements? Where is the line between the whims of a pregnant worker and the employer’s mandatory requirements for the protection of her labor? State protection of motherhood and childhood in Russia is guaranteed by the Constitution (Article 38). In accordance with Article 23 of the Fundamentals of the Legislation of the Russian Federation on the protection of the health of citizens, the state provides pregnant women with the right to work in conditions that meet their state of health.

The Labor Code provides for a number of additional guarantees for pregnant women, which is associated with the need to reduce physical stress on a woman’s body during pregnancy (see the list of basic guarantees for pregnant workers provided for by the Labor Code of the Russian Federation, given on page

107).1. Prohibition on establishing a probationary period when hiring (Article 70).2. Restriction of the use of women in heavy work and work with harmful and (or) dangerous working conditions, as well as in underground work (Art.

253).3. A ban on the use of women's labor in jobs involving lifting and manually moving heavy loads that exceed the maximum permissible norms for them (Art.

253).4. Reducing production standards for pregnant women in accordance with a medical report and at their request (Article 254).5. A ban on sending pregnant women on business trips, as well as engaging them in overtime work, night work, weekends and non-working holidays, and shift work (Articles 259, 298).6. Providing before or after maternity leave, at the request of a pregnant woman, annual paid leave, which must be provided at the request of the employee and before the expiration of six months of continuous work with the employer (Art.

122, 260).7. Prohibition on recalling pregnant women from leave (Article 125).8. Maintaining average earnings at the place of work while undergoing mandatory medical examination in medical institutions (Article 254).9. Prohibition on replacing annual basic paid leave and annual additional paid leave with monetary compensation (Art.

126).10. Prohibition of termination of an employment contract at the initiative of the employer, except in cases of liquidation of the organization or termination of activities by an individual entrepreneur (Article 261).11. The employer’s obligation to extend a fixed-term employment contract at the request of a pregnant woman until the end of her pregnancy (Art.

261).Often in practice one has to deal with the employer’s reluctance to meet the woman halfway and respect her rights in connection with the expectation of a child.