Modern women often do not inform their employers about their pregnancy because they are afraid that they will be fired. However, working conditions are not always favorable for the health of the expectant mother and child. It states that a woman is entitled to light work during pregnancy, the Labor Code. When can I request a transfer? Will wages change? What to do if the employer cannot create the necessary conditions for easy work?
Labor Code of the Russian Federation: pregnancy, light work
Labor legislation does not contain a definition of the term “light labor”. However, it obliges all employers, if the employee has a certificate with a medical report, to reduce the production rate specifically for her or arrange a transfer to the appropriate position in order to eliminate the influence of harmful production factors. Light work means professional activity in which the worker spends less physical effort and is not exposed to harmful environmental influences.
The following categories of work are strictly prohibited for pregnant women:
- lifting various objects from the floor or above shoulder level,
- lifting weights,
- conveyor production,
- nervous-emotional tension,
- interaction with pathogens of various infections, diseases, harmful substances, IR and UV radiation, radiation, vibration,
- work under conditions of pressure changes.
The basis for transfer to a more gentle mode of operation is a medical report from the attending physician. Without it, the employer has no right to change working conditions.
Rights and obligations
So, women are entitled to light labor during pregnancy. The Labor Code establishes, in addition, the rights and obligations of the employer and the expectant mother.
The main responsibility of the employer is to timely transfer the employee to light work. If the management of the enterprise is not immediately able to provide the employee with adequate working conditions, and this will take some time, the woman is temporarily released from work. However, the employer is obliged to pay her for all days she is absent from work.
A woman has the right to take annual paid leave. Work experience doesn't matter here. This leave can be provided both before and after maternity leave.
Another obligation is imposed on the employer by the Labor Code. Light labor during pregnancy requires compliance with sanitary requirements. An employer has no right to dismiss a pregnant woman on his own initiative. However, if the contract has expired, it can be extended at the employee’s request.
Term of transition to light work and end of period
Not a single document specifies specific dates for transferring pregnant women to light work. Depending on the working conditions and the complexity of the functions performed, this can happen at any time. This measure also depends on the employee’s health status and how her pregnancy is progressing. All this is reflected in the document issued by the gynecologist of the LC. Some try to get a certificate after the examination, others at 21-22 weeks.
It is important to know! However, the expectant mother is provided with work in a comfortable environment temporarily until the day she goes on sick leave under the BiR. If she is entitled to a scheduled vacation, she has the right to first take it off, and only then go on maternity leave without returning to the workplace. The basis in both cases is a written statement.
There are a number of other circumstances that may lead to the cancellation of an order to change the working conditions of a future maternity leave. One of them is the restoration of the previous schedule before going on sick leave according to BiR. The basis is a medical report from a doctor stating that her health allows her to work as usual.
Conditions
Since the Labor Code regulates light work during pregnancy, its conditions must meet certain requirements of Russian legislation. In industrial production, assembly, packaging and sorting operations must be fully automated. The room in which a pregnant woman works should be sufficiently light, dry, and draft-free. Work, as mentioned above, should not be accompanied by psycho-emotional stress. It is also prohibited to constantly be in one position, sit, walk all the time, stand bent over, squat or kneel.
The expectant mother can lift loads weighing no more than 2.5 kg and no more than 2 times per hour. If, in production conditions, this needs to be done more often, the norm is reduced to 1.25 kg, and no more than 6 kg can be lifted per hour. The weight of cargo during the entire shift should not exceed 48 kg.
What other rules does the Labor Code establish? Light work during pregnancy implies a reduction in production standards by 40%. If a woman is employed in agriculture, she is completely exempt from this work. If the work is done in an office, a woman can work at a computer no more than 3 hours a day. There should be special supports under your feet, and on the chair there should be headrests, armrests, and a seat height adjuster.
Technical requirements for working as a pregnant woman
According to sanitary standards (Resolution No. 32 of the Sanitary-Epidemiological Committee), during pregnancy, workers are prohibited from working activities that entail an increase in physical, psychological, and overload of the body.
This is important to know: Concept: unfavorable working conditions
The expectant mother is prohibited from working:
Forcing you to lift goods above your shoulders; from the floor surface; with muscle tension in the legs and abdominals; in a certain position of the body (squatting or kneeling, resting your stomach); with a mandatory tilt of the body at an angle of more than 15°.
On machines with foot control.
On conveyor technology with a preset movement rhythm.
Leading to nervous and psycho-emotional loss of strength.
Interacting with pathogens.
Subject to infrared radiation above natural levels and at a temperature of working surfaces above 35°.
Causing wet clothes and shoes, or taking place in drafts.
With strong changes in atmospheric pressure.
If there are no windows or sources of natural light in the place of work.
Subject to continuous use of video display terminals and computers.
Technical actions for a pregnant woman are selected taking into account the following physical activity:
- If lifting and moving goods occurs, these actions alternate with other work; the weight of the lifted object is allowed up to 2.5 kilograms. If rotation does not occur during a work shift, then the permitted weight is reduced to 1.25 kilograms.
- When moving goods over a distance of up to five meters from work tables, the total weight of the items does not exceed 60 kilograms for one hour of activity or 480 kilograms for the entire time of work.
When performing work duties, the expectant mother is allowed to perform simple actions in a free position related to folding, packaging, and sorting items, if the work process complies with sanitary and hygienic standards.
A pregnant woman can only be fired by agreement of the parties, so if you don’t want to quit voluntarily, under no circumstances sign anything.
Features of light labor
Here are the main features of light labor during pregnancy:
- You can transfer to light work only if you provide a doctor's report.
- A woman has the right to refuse to work at a computer.
- The Labor Code does not establish a time frame for light work during pregnancy. How many hours can a pregnant employee work? If a woman wishes, she can be transferred to a shortened working week. Labor is paid in accordance with the time worked, which does not in any way affect the duration of vacations.
- If the employer cannot provide adequate working conditions, the woman receives payment for the days she is absent.
- Full leave is provided without regard to length of service.
- The expectant mother may refuse to work at night, business trips, overtime, as well as work on weekends and holidays.
Rights of pregnant women at work
Labor legislation defines the special status of women who bear a child. They are entitled to a number of benefits. In order to take advantage of these privileges, you must provide a certificate from a medical institution confirming your pregnancy. The document must be registered in the personnel department.
Labor legislation determines that a person cannot be limited in his right to get a job. Pregnant women are also included in this category. Admission should only be refused if the specialist does not meet business requirements. Pregnancy and the presence of a child do not deprive you of the opportunity to work.
The rights of pregnant women at work under the Labor Code are protected by a number of rules and benefits. In accordance with the norms, a woman is hired without passing a probationary period. An employer does not have the right to ask a woman questions about her current situation during the hiring process. The head of the enterprise may refuse in case of non-compliance with the requirements that were stated for the candidate for the position.
When the refusal does not have proper arguments, a person can ask to put it in writing.
This document should be submitted to the labor inspectorate. It serves as evidence that the employer unreasonably refused to hire. Often, company leaders manage to avoid responsibility. A written refusal must be registered in the enterprise's outgoing correspondence journal. In accordance with Labor Code standards, a pregnant woman has a number of advantages over other employees. They are as follows:
- A pregnant woman is not fired for absenteeism and violation of the work schedule;
- A pregnant woman can apply for a voucher to a sanatorium. In this position, she has privileges over other employees of the company.
The voucher is issued at the expense of the Social Insurance Fund.
Transfer proposal
Signing a job offer leads to a change in not only the employee’s responsibilities and working conditions, but also the amount of her earnings. According to Article 254 of the Labor Code, its minimum amount should be equal to average earnings. Every month, while the employee is transferred to light work, the accounting department compares wages.
After signing the job offer, a corresponding order is issued. The employee must be familiarized with signature not only with it, but also with the job description and other regulatory documentation. An entry in the work book is not required if the transfer is temporary.
Salary
The Labor Code establishes the amount of wages for light work during pregnancy. Payment for a pregnant employee is calculated based on Article 139 of the Labor Code of the Russian Federation and 922 of the Government of the Russian Federation of December 24, 2007. Its size is established in accordance with the actual accrued wages and hours worked for the last 12 months that preceded the signing of the agreement. The basis is the average daily salary, which is calculated by dividing the entire amount paid by the number of days back to work. The average salary is determined by multiplying the daily rate by the number of days worked.
What benefits and guarantees are stipulated in the law?
Let us recall that labor guarantees for pregnant women are provided for in local regulations of the employer, collective agreements, and industry agreements. But the minimum that all organizations and individual entrepreneurs with hired employees must adhere to is prescribed in the Labor Code of the Russian Federation. We will focus on its norms.
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Useful tips
A medical report is issued at the antenatal clinic. You need to understand that there is no need to negotiate with the employer about changing working conditions, since this step is his direct responsibility. If the management of an organization claims that there is no easy work for an employee and offers to write a letter of resignation on her initiative, such actions are considered unlawful. In accordance with the Labor Code, if it is impossible to provide appropriate conditions, the employer is obliged to pay the employee for forced time off. In case of refusal to provide light labor and the mentioned payments, the rights of the worker can be defended in court.
Results
Finding an employer who would be delighted with the “interesting position” of his employees has always been difficult, especially if we are talking about a “private owner”. However, there is a Labor Code. According to this legal document, every expectant mother deserves easy labor during pregnancy. And although employers are not always eager and ready to provide comfortable working conditions, they are obliged to do this or must pay for the days of forced time off to the employee. The basis for transfer is the doctor's opinion.
