Article 254 of the Labor Code of the Russian Federation. Transfer to another job of pregnant women and women with children under the age of one and a half years (current version)

Today we will study Article 254 of the Labor Code of the Russian Federation. The thing is that she is responsible for the peculiarities of the work activity of a pregnant woman. It also contains some points that apply to women with small children (up to 1.5 years). Every employer must follow the established rules. After all, violation of the Labor Code, especially in relation to pregnant women, is a terrible crime. Few people will trust a company that exploits women in “interesting” situations. And the expectant mother herself is unlikely to hold on to a job where her legal rights are not respected. So what can you expect? What features of labor activity are provided for by law in Russia?

Production standards

The first thing you should pay attention to is that most companies have so-called production standards. This is how much work a particular employee must do. Article 254 of the Labor Code of the Russian Federation indicates that a pregnant woman has every right to reduce this indicator. Mothers with babies under one and a half years of age have the same rights.

Upon application of such women, the employer is obliged to reduce production standards. Especially when it comes to medical indications. During pregnancy and the first time after childbirth, a woman’s body is in a vulnerable state. The employer must take this factor into account.

By the way, there is no point in reducing the standards of work performed without an application from the expectant or newly-made mother. The law does not provide for such beneficence. Until the woman herself declares her rights, the boss considers the employee on an equal basis with everyone else.

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Official text: Article 254. Transfer to another job of pregnant women and women with children under the age of one and a half years Pregnant women, in accordance with a medical report and at their request, production standards, service standards are reduced, or these women are transferred to another job that excludes exposure to adverse production factors, while maintaining the average earnings from the 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. Lawyer's comment: Pregnant women, at their request, have their production standards and service standards reduced, or these women are transferred to another job that eliminates the impact of unfavorable production factors, while maintaining the average earnings for their previous job. The need to reduce these standards for pregnant women is determined by a medical opinion. When employing pregnant women, one should take into account the Hygienic Recommendations for the Rational Employment of Pregnant Women, approved by the State Committee for Sanitary and Epidemiological Surveillance of Russia and the Ministry of Health of Russia on December 21-23, 1993. The mentioned Hygienic Recommendations are intended for all employers, insurance medicine bodies, trade union bodies, specialists in labor protection and scientific organization, obstetrician-gynecologists, shop doctors, sanitary doctors for occupational health at State Sanitary and Epidemiological Supervision centers when resolving issues of employment of pregnant women with a normal pregnancy, and also when monitoring the conditions of their work and rest. As stated in the Hygiene Recommendations, the main purpose of their development and application is to help create conditions for hygienically rational employment of pregnant workers, i.e. the optimal amount of workload (physical, neuro-emotional) and optimal working environment conditions, which in practically healthy women should not cause abnormalities in the body during pregnancy and have a negative impact on the course of childbirth, the postpartum period, lactation, on the state of intrauterine development of the fetus, on physical and mental development and morbidity of born children. Sanitary rules and regulations “Hygienic requirements for working conditions for women” SanPiN 2.2.0.555-96 are also subject to application. In addition, by Decree of the Supreme Soviet of the USSR dated 04/10/1990 No. 1420-1 “On urgent measures to improve the situation of women, protect motherhood and childhood, strengthen the family” (as amended on 08/24/1995) to ensure timely transfer of pregnant women to another, easier work that excludes exposure to unfavorable production factors; employers, together with trade union bodies, sanitary inspection bodies and with the participation of women's public organizations, in accordance with medical requirements, are recommended to establish workplaces and determine the types of work to which pregnant women can be transferred or which can be performed by them at home. In order to facilitate the working conditions of pregnant women and women with children under the age of one and a half years, organizations can create special workshops (areas) for the use of the labor of such women or create production and workshops on a shared basis for these purposes. When deciding whether to provide a pregnant woman with another job that excludes the impact of unfavorable production factors, she is subject to release from work with preservation of average earnings until she is actually provided with another job that excludes the impact of these factors. According to the original version of this article, the average earnings were retained by a woman in such a situation not until she was actually given another job, but until the employer made a decision to transfer her. When pregnant women undergo mandatory medical examinations in medical institutions, 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 their previous work, must, upon their application, be transferred by the employer to another job.

The need for such a transfer may be caused by a variety of circumstances, in particular, the incompatibility of the previous work with feeding and caring for the child; the traveling nature of the work and other factors. At the same time, women should be paid according to the work performed, but not lower than the average earnings for their previous job. If a woman who has a child under the age of one and a half years, according to a medical certificate, needs a temporary transfer to another job for a period of up to four months, but refuses the transfer (or the employer does not have the corresponding job), then she must be suspended by the employer from work with preservation of the place of work (position). If, according to a medical report, she needs to be transferred to another job for a period of more than four months, then if she refuses the transfer or if the employer does not have the appropriate job, the employment contract is terminated in accordance with Part 1 of Article 77 of the Labor Code. In addition, a woman can exercise the right to be granted maternity leave until the child reaches three years of age. The procedure for calculating average earnings in the cases listed in Article 254 is defined in Article 139 of the Labor Code, as well as the Decree of the Government of the Russian Federation dated December 24, 2007 No. 922 “On the specifics of the procedure for calculating average wages” (as amended on November 11, 2007) adopted in accordance with it. .2009).

Unfavorable factors

What else should you pay attention to? It happens that the responsibilities of a pregnant woman imply the presence of various factors that can negatively affect the health of a subordinate or the unborn baby. Article 254 of the Labor Code of the Russian Federation provides for the provision of normal working conditions for women in an “interesting” position.

That is, all unfavorable factors must be eliminated at the request of the employee. Otherwise, she has every right to refuse to perform her official duties. At the same time, the subordinate’s salary is retained. In other words, pregnant women have the right to adequate working conditions. And the employer is obliged, at the request of the subordinate, to eliminate all unfavorable factors that could have a negative impact on the health of both the mother and the baby. There is one important point. Both when factors are eliminated and when production standards are reduced, the employee retains her average earnings.

Commentary on Article 254 of the Labor Code

1. The need to reduce production standards, service standards, the level of reduction of these standards, as well as the need to transfer a pregnant woman to another job that excludes exposure to adverse production factors, and the type of this work are determined by a medical report.
2. To assist employers in organizing the employment of pregnant women, the State Committee for Sanitary and Epidemiological Supervision of Russia and the Ministry of Health of Russia on December 21-23, 1993 approved Hygienic Recommendations for the rational employment of pregnant women (Separate publication. M., 1993). These recommendations stipulate that pregnant women are set, in accordance with a medical report, production standards with an average reduction of 40% from the constant rate while maintaining the average earnings for their previous job. The characteristics of the work from which they should be exempt, the criteria for the optimal workload for pregnant women and the requirements for technological operations, equipment, and workplaces where the labor of pregnant women will be used are also specified in the Hygienic Requirements for Working Conditions for Women (Sanitary Rules and Standards “Hygienic requirements for working conditions for women" SanPiN 2.2.0.555-96, approved by Resolution of the State Committee for Sanitary and Epidemiological Supervision of Russia dated October 28, 1996 No. 32). In particular, these requirements stipulate that pregnant women should not perform operations related to lifting objects of labor above the level of the shoulder girdle, lifting objects from the floor, with a predominance of static tension of the leg and abdominal muscles, forced working posture (squatting, knees, bent, with a torso tilt of more than 15°, etc.). For pregnant women, operations on a conveyor belt with a forced rhythm of work, accompanied by nervous and emotional stress, should be excluded. Pregnant women should not work under conditions of exposure to infrared radiation, vibration, ultrasound, ionizing radiation, sudden changes in barometric pressure, exposure to industrial aerosols, potentially hazardous chemicals, without natural light, etc. The Hygienic Requirements also indicate that the weight of the load when lifting and moving heavy objects when alternating with other work (up to 2 times per hour) should not exceed 2.5 kg. When lifting and moving heavy objects constantly during a work shift - 1.25 kg. The total mass of loads moved during each hour of a work shift at a distance of up to 5 m should not exceed 60 kg from the working surface. The working position should be free. Walking per shift - up to 2 km. The pace of movements is free, etc. Women employed in jobs professionally associated with the use of personal electronic computers, from the time pregnancy is established, should be transferred to work not associated with the use of a PC, or their time working with a PC should be limited (no more than 3 hours per work shift) , subject to compliance with the relevant hygienic requirements (Section XIII of the Hygienic Requirements for Personal Electronic Computers and Organization of Work. SanPin 2.2.2/2.4.1340-03, approved by Resolution of the Chief State Sanitary Doctor of the Russian Federation dated June 30, 2003 N 118 ( RG. 2003. June 21). To ensure the timely transfer of pregnant women to another, easier job that excludes the impact of adverse production factors, employers, in agreement with the relevant elected trade union body, sanitary inspection bodies and with the participation of women's public organizations, are recommended to establish - in accordance with with medical requirements - workplaces and determine the types of work to which pregnant women can be transferred or which can be performed by them at home, as well as create special workshops (sites) for the use of their labor or create for these purposes production and workshops on a shared basis (p . 1 tbsp. 11 Resolution of the Supreme Soviet of the USSR dated April 10, 1990 N 1420-1 “On urgent measures to improve the situation of women, protect motherhood and childhood, strengthen the family.” USSR Air Force. 1990. N 16. Art. 269). The need to create specialized areas for the rational employment of pregnant women and the spread of home-based work of pregnant women in agricultural organizations is provided for in paragraph 22 of the Resolution of the Supreme Council of the RSFSR of November 1, 1990 “On urgent measures to improve the situation of women, families, protection of motherhood and childhood in rural areas” (VVS RSFSR. 1990. N 24. Art. 287). 3. Previous work by women who have children under the age of 1.5 years cannot be performed in cases where it (due to the influence of unfavorable factors on the mother) is incompatible with feeding and caring for the child, which, if necessary, is confirmed by a medical report, or associated with travel, does not allow absences during working hours, etc. 4. The refusal of the administration to ease the working conditions of the work performed or to transfer to an easier job, and to transfer a woman with children under 1.5 years of age to another job if it is impossible to perform the previous one, can be challenged in court. . If the court finds the stated demands justified, it may decide to transfer the applicant to another job. Labor disputes on other issues of ensuring favorable working conditions for pregnant women and mothers with young children are considered in a similar manner. 5. For the procedure for calculating average earnings, see Art. 139 TC and comment. To her. 6. When pregnant women and women with children under 1.5 years of age are transferred to another job, they retain some benefits that they enjoyed before the transfer: if a pregnant woman receiving therapeutic and preventive nutrition, according to the conclusion of the clinical expert commission is transferred to another job in order to eliminate contact with products harmful to health before the onset of maternity leave, then therapeutic and preventive nutrition is given to her before and during the period of maternity leave. When women with children under the age of 1.5 years are transferred to another job for the specified reasons, therapeutic and preventive nutrition is provided to them until the child reaches the age of 1.5 years (see commentary to Article 222 of the Labor Code); when a pregnant woman is transferred from a job included in the lists of industries, jobs, professions, positions and indicators that give the right to a pension due to special working conditions, to another job not related to special working conditions, such work is equal to the previous one. In the same manner, work that gives the right to a preferential pension due to special working conditions, the time when a pregnant woman did not work until the issue of her employment was resolved in accordance with a medical report (clause 18 of the Explanation of the Ministry of Labor of Russia dated 22) is included in the special work experience. May 1996, No. 5. Bulletin of the Ministry of Labor of Russia, 1996, No. 11, p. 51). Collective agreements and industry agreements may establish additional benefits for these women. 7. Pregnant women registered at medical institutions undergo mandatory dispensary examination there (medical examinations, X-rays, laboratory and other special medical tests). The frequency of dispensary examinations is determined by the medical institution depending on the health status of the pregnant woman, the nature of the complications identified in her, the characteristics of working conditions and other significant factors. Examinations may occur during working hours. Therefore, at the request of a pregnant woman or the organization in which she works, the woman’s completion of a mandatory medical examination is confirmed by a certificate from the relevant medical institution. Pregnant women undergoing mandatory dispensary examination in medical institutions are retained the average earnings at their place of work, calculated in the prescribed manner (see Article 139 of the Labor Code and commentary thereto). Authors: team at hand. Yu.P. Orlovsky

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Until elimination

Article 254 of the Labor Code of the Russian Federation with commentaries (2015-2016) has many more features. For example, as already mentioned, a pregnant woman may demand that the employer eliminate unfavorable labor factors. And until the boss satisfies the request, you don’t have to go to work. It is legal. This norm is spelled out in the article under study.

Despite the fact that the employee will not work, she will still retain the average salary for the position. Payment is made for all days missed. The funds are withdrawn from the employer's funds. Therefore, it is in the interests of the company’s management to quickly satisfy the pregnant woman’s request.

It doesn’t matter exactly how long the subordinate’s absence lasts. The law clearly states: until unfavorable factors are eliminated, a girl in an “interesting” position may not go to work, retaining the average salary for a particular position. That is, the absence of a subordinate can last several days or a couple of months. It all depends on the employer.

Guarantees for pregnant workers

The labor legislation of the Russian Federation guarantees the provision of certain benefits to pregnant women if they have official employment.

We are talking about certain relaxations at work and the possibility of receiving additional leave. The provisions of the Labor Code of the Russian Federation speak of the following guarantees for expectant mothers:

• Before the end of maternity and child care leave, a woman cannot be fired, except in cases where the enterprise is liquidated;
• reinstatement at work after dismissal, even if management at that time was not informed that the woman was pregnant (based on a Supreme Court ruling of 2014);
• if an agreement between an employee and an employer should occur at the moment when she becomes pregnant, then it cannot be terminated, in this case the employment contract is automatically extended until the end of maternity leave;
• A pregnant woman cannot be refused to fill a vacancy just because she is pregnant;
• the expectant mother is hired without a probationary period;
• for pregnant workers, a reduction in working hours should be established in connection with the recommendations of medical staff;
• the expectant mother is provided with special conditions for fulfilling her professional duties (prohibition on night shifts, business trips, weekend work, overtime);
• during pregnancy, it is possible to transfer to another position, taking into account the fact that it will be easier for the woman there and without harm to the unborn child;
• the right to another vacation before going on maternity leave;
• right to leave under the BiR;
• the right to parental leave until the child reaches the age of three;
• the right to refuse to be called back from any type of leave;
• impossibility of receiving compensation for vacation days in cash equivalent;
• Despite all the “indulgences” provided by the Labor Code, the earnings of a woman in this position should not fall below average (that is, she will retain the same salary, despite the fact that she will work less).

Each of the points has features that need to be considered in more detail. Any relief for a pregnant woman when performing her duties at the workplace can be canceled upon termination of pregnancy. Pregnancy ends in three cases - abortion, miscarriage, childbirth.

Reduced production standards and service standards

What do the concepts of “production rate” and “service rate” include? The production rate refers to the amount of work that a person performs during established working hours (for example, per shift). The standard of service refers to the number of objects that an employee cleans during established working hours. The production rate and service rate can be established both for one employee individually and for the entire team as a whole.

Article 254 of the Labor Code gives the right to a woman preparing to become a mother to write a statement addressed to management in order to reduce production standards.

This application will be granted only if there are medical contraindications confirmed by a specialist’s opinion. That is, an ordinary certificate stating that the woman is in an interesting position indicating the deadline will not work. Without the desire of the subordinate itself, no one will reduce the production norm and service norm. It would be advisable for the employer to first explain to the subordinate her rights. Most often, the production rate decreases by no more than 40%. If the fact of labor rationing has not been established, then there can be no talk about reducing the volume of production/service. In this case, reducing working hours (partial day/week) will become more relevant.

Transfer to another job

The Labor Code allows a subordinate to transfer to another workplace if her activities involve chemicals/harmful substances or other factors that have a harmful effect on the child. For example, a pregnant woman is prohibited from lifting weights, working while bending, lifting objects above her head, etc. When transferring a subordinate to an easier position while expecting a baby, the salary should remain the same (average wage). If management does not have the opportunity to provide a subordinate with another place of work during pregnancy or some time is needed for this, she is completely relieved of her job duties and can sit at home (until a new position is provided to her). During an unplanned vacation, the average salary is also maintained. If we refer to Art. 254 of the Labor Code with comments, it becomes clear that transfer to another place is possible only if there are medical recommendations and on the basis of an application from the subordinate herself. The decision will be made by the manager, taking into account the opinion of specialists and hygienic requirements for organizing the work of expectant mothers.

Release from work

If a subordinate has a specialist opinion that she is contraindicated to be in the workplace, she needs to write a statement addressed to her manager. From the date of registration of this document, the pregnant woman must be provided with another workplace. Until this happens, a woman can stay at home and will be paid an average salary. But even in this situation there are pitfalls, because the rights of the employer are also protected by labor legislation:

• if a woman refuses to transfer to another place of work, she loses the right to maintain the average salary;
• You cannot assign a pregnant woman to another position if she has not given her consent, but in the event of a trial, the court will side with the employer if the proposed position complies with sanitary/hygienic requirements.

However, dismissing a subordinate because of her refusal to transfer and not paying her a salary during this time is fraught with consequences for the employer. The court may side with the woman and recognize the suspension as exemption from work (for reference, the difference is that in the second case the average salary must be paid).

Special working conditions

Among other things, pregnant women are provided with additional benefits and guarantees - a pregnant woman cannot be hired for the following work:

• off shift (overtime);
• at night (meaning the time from 10 pm to 6 am);
• to business trips and work on a rotational basis;
• to perform their professional duties on weekends/non-working holidays;
• while she's on vacation.

Special conditions for pregnant women also exist regarding the provision of regular annual leave.

It is provided to the woman not in accordance with the timetable, but whenever she wants. In this case, the length of service worked with one employer does not matter. If the expectant mother, in accordance with her position, is entitled to additional days for rest, they are added to the main rest. A pregnant woman can go on well-deserved leave before, after, or during maternity leave (the latter option is not recommended, since the young mother will lose social assistance).

About inspections

What other features are provided that are dictated by Article 254 of the Labor Code of the Russian Federation? Visiting a doctor during pregnancy is an important time. It is mandatory for all expectant mothers. Moreover, it should be noted: the Labor Code states that the employer is obliged to allocate time for his subordinates to visit a gynecologist.

But no one has the right to force you to visit outside of working hours. If an employee asks to see a gynecologist during work, they cannot refuse her. These are the rules dictated by Article 254 of the Labor Code of the Russian Federation. Visiting a doctor during pregnancy does not count as absenteeism. And a working day is paid in exactly the same way as a fully worked period.

In other words, it is impossible to deprive a pregnant woman of her earnings just because she went to the gynecologist. It is forbidden. Article 254 of the Labor Code of the Russian Federation, part 3 - this is what a girl in an “interesting” situation should refer to if the employer does not allow her to go to the doctor for a routine examination. Or when he says that the day will not be paid. Such decisions are illegal. This is a direct violation of established legislation.

Labor of pregnant women

A pregnant woman may request a transfer to light work.

At the state level, the process of transferring women to another job while expecting a baby and before the start of maternity leave is regulated. Article 254 of the labor legislation establishes the rules for transferring pregnant women to light work.

List of reasons for transfer to another job:

• exceeding the maximum permissible concentrations of harmful substances in the air of the working area, identified during the occupational health and safety standards of the workplace. Based on the presented doctor’s certificate, the employer is obliged to exclude exposure to substances hazardous to the woman, but if this is not possible, then another job should be offered.

If the employer does nothing, then the woman’s right not to perform her job duties remains, and she is entitled to the same earnings from the enterprise as specified in the employment contract;

• the production standard for performing production tasks is reduced, and despite this factor, the woman is paid the average monthly salary;
• Work on a personal computer is also limited to 3 hours each shift. A pregnant woman should not exceed this standard, it is dangerous for herself and for the unborn baby;
• When unfavorable factors in the labor process are identified, the employer may decide to take time to eliminate them.

Under any circumstances, it does not matter how long the pregnant woman will not be at work, so the employer is interested in bringing the workplace to acceptable working conditions so as not to pay excess amounts.

Up to one and a half years

The peculiarities of the Labor Code in relation to girls in an “interesting” situation do not end there. What if a woman gives birth, but for medical reasons she cannot return to her previous place of work?

This situation is indicated by Article 254 of the Labor Code of the Russian Federation (2015 and newer editions). The thing is that until the baby is one and a half years old, a new mother is able to request from the employer a transfer to a position that would correspond to a medical report on the state of health.

It is important to note: the average salary for a subordinate is retained. This is a required item. An employer cannot transfer a woman with a child under 1.5 years of age to a lower-paid position.

We write an application for transfer to another job

Unscrupulous employers can take advantage of an employee’s lack of knowledge at the time she writes an application for transfer to another job. To prevent this from happening, you need to understand one important nuance.

Translation according to Art. 254 of the Labor Code of the Russian Federation, in essence, is a temporary transfer for the period of pregnancy or the child reaching one and a half years of age. But this is not directly reflected in the law. Therefore, if a woman simply writes a statement asking to be transferred to another job, without indicating the reasons and without referring to the law, the employer can make such a transfer permanent. And when a woman wants to return to her previous place, she will be denied this - there is an application for transfer, and it does not indicate what exactly the transfer is connected with.

Therefore, advice to all women planning to write such a statement: be sure to indicate that the transfer is carried out in accordance with Art. 254 Labor Code of the Russian Federation. With such a reference, it clearly follows from the statement that the transfer is temporary; the basis for it is pregnancy.

In this case, it is worth noting that information about the transfers will not be entered into the work book. After all, part 3 of Art. 66 of the Labor Code of the Russian Federation states that only information about permanent transfers is entered into the book.

Mandatory examinations

These are the rules contained in Article 254 of the Labor Code of the Russian Federation. Comments on this part of labor legislation require special attention. They help to understand the nuances of the established rules.

Great attention is paid to medical examinations. During pregnancy, women are required to register with an antenatal clinic. From this moment on, mandatory visits begin. They cannot be missed. More precisely, such steps are not welcome. And the employer must allow his pregnant subordinates to go for routine examinations while maintaining their earnings.

Comments to the Labor Code, to Article 254, indicate that at the moment the following medical examinations are mandatory in Russia:

• gynecologist - once every 2 weeks (and at least 10 times during the entire pregnancy);
• therapist - at least 2 times in 9 months;
• dentist, ENT, ophthalmologist - upon registration (minimum).

In practice, the latter specialists are examined 2 times during pregnancy - at the beginning of the term and at the end. This is if there are no complications. Pregnant women should also undergo additional examinations and tests. Article 254 of the Labor Code of the Russian Federation (the comments of 2016 interpret the upcoming tests) indicates that mandatory medical procedures include:

• blood and urine tests (blood - at least 3 times, urine - at each visit to the gynecologist);
• ECG (at least 1 time);
• CTG (1 time).

And this is only with an ideal pregnancy. All tests and examinations are a very time-consuming process. Therefore, most medical examinations occur during working hours. And the employer must not only let subordinates go for visits to doctors, but also keep their earnings.

Possible conflicts

Despite all of the above, Article 254 of the Labor Code of the Russian Federation with comments (2015-2016) causes some indignation among employers, as well as conflicts. What might you encounter? In the article being studied, the most common conflicts are indicated in the comments. These include the following options:

1. Employers believe that a woman should make up missed hours during non-working hours.
2. Someone may require mandatory documentation that confirms the fact of the visit to the doctor. In the case of doctors, this is possible, but it is unlikely that anyone will give a medical opinion about donating blood or urine for analysis.
3. There are bosses who believe that pregnant women actively use their rights and abuse them. Employers often impose fines and other penalties on pregnant women.

Which requirements are appropriate and which are not? Article 254 of the Labor Code of the Russian Federation with comments will help you figure this out. What can be considered a violation of the law?

Work details: what else is prohibited?

If a woman is pregnant, she is contraindicated from working on a rotational basis—the employer should also be aware of this. As for lifting heavy objects or working in an awkward position, Art. 254 of the Labor Code of the Russian Federation with comments explained in more detail what is unacceptable for a pregnant woman.

If a woman, due to working conditions, is required to constantly move a certain load during the work schedule, then the law establishes its maximum weight. It is 1.25 kg. If the load is lifted no more than once an hour, then it can already weigh 2.5 kg, but no more. It is prohibited to lift loads from the floor; objects should not be raised above the level of the shoulder girdle. Pregnant women should not work squatting or kneeling. If while performing your duties there is static tension in the abdominal muscles, then again this is not a job for pregnant women. Also, do not use the foot pedal on the equipment or frequently tilt your body more than fifteen degrees. If the type of work involves getting clothes wet, then it is strictly prohibited.

As we see, Art. 254 of the Labor Code of the Russian Federation, with comments that spell out all the intricacies of a pregnant woman’s work, perfectly protects her rights and the health of her unborn baby.

Imposition of penalties

So, in accordance with the article of labor legislation being studied, the employer must pay for the time a pregnant employee visits a doctor. This does not count as truancy or absence.

Accordingly, a girl in an “interesting” position should not make up the missed time. Moreover, they do not have the right to impose any fines or other punishments on a woman. This is a direct violation of established laws, which are provided for in Article 254 of the Labor Code of the Russian Federation. It is normal to visit a doctor during pregnancy during business hours. And no one is able to punish a girl for this. Therefore, the first and last claims are inappropriate.

About the certificate

But what if the employer requires a certificate of a doctor’s visit? This requirement does not contradict established labor legislation. Therefore, the boss has the right to ask the pregnant woman for proof of visiting a doctor. Not necessarily a certificate. Any evidence that can support a visit to a medical facility will do.

For example, an appointment ticket will do. Lawyers point out that it is in the interests of the woman herself to worry in advance about the availability of confirmation of visits to doctors. After all, then absence from work will not be considered absenteeism. If it is not possible to prove the visit, a reprimand may follow. In this case, absence from work for more than 4 hours in a row is absenteeism.

Should you be afraid?

What else does Article 254 of the Labor Code of the Russian Federation indicate? Visiting a doctor during pregnancy is normal. If the employee can confirm that she was not absent, then no punishment will follow.

In general, girls in an “interesting” position have special rights at work. They cannot be fired. But it’s easy to punish. And this is only possible if one abuses one’s rights. This is extremely rare. That is why a pregnant woman may not be afraid of any punishment or dismissal.

To keep track of time

Why should a woman have any evidence of visits to doctors? The point is that every employer records working hours. And coupons that confirm the fact of being in a medical institution help this action. In other words, they are needed not only to confirm the conscientiousness of the pregnant woman, but also for the employer himself.

If the coupon is lost, the doctor does not issue a certificate, and there is no other evidence, you can suggest to the boss to call the medical institution. And they can often confirm a doctor’s visit over the phone. This is a modern technique that is not used very often.

The main problem is time

Unfortunately, things don’t always work out as well as we would like. If a woman goes to a private clinic, then they can give her a certificate about visiting a doctor, and even confirm that she has taken tests. But some people manage pregnancy in antenatal clinics for free. In this case, the visit to the doctor may be delayed. You have to queue.

Accordingly, no one can document the period of “staying” and waiting for an appointment. In fact, the woman is skipping work. This is despite the fact that she is actually waiting to be seen by the doctor, only on a first come, first served basis. No one will issue a certificate stating that the girl joined the queue at 9:00, but only got to the live reception at 15:25, for example. Therefore, some problems may arise. In this situation, it is recommended to discuss a visit to the doctor with your employer in advance.

conclusions

What conclusions can be drawn from all of the above? Article 254 of the Labor Code of the Russian Federation regulates the following:

• a pregnant woman has the right to light work;
• a woman in a position can demand from her employer working conditions that correspond to her condition while maintaining her earnings;
• until the boss provides suitable conditions, you don’t have to go to work, but your earnings will remain the same;
• You can go to the doctor during working hours, money for the day should be paid to the pregnant woman anyway;
• the employer has the right to demand a certificate from a doctor, but cannot punish if there is evidence of stay in a medical institution.

These are the rules that will have to be followed in Russia. Pregnant women have special rights. By the way, you cannot fire them. Unless punished for absenteeism. And only if the employer can prove that the woman was absent from work and did not visit the doctor.

PART IV. SECTION XII. FEATURES OF LABOR REGULATION OF SEPARATE CATEGORIES OF WORKERS Chapter 41. FEATURES OF LABOR REGULATION OF WOMEN AND PERSONS WITH FAMILY RESPONSIBILITIES

Article 254. Transfer to another job of pregnant women and women with children under the age of one and a half years

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 institutions, 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.

A comment

. 1. To resolve the issue of reducing production standards, service standards, or transferring a pregnant woman to another job that excludes exposure to adverse production factors, a medical report and an application from the pregnant woman are required. The decision on whether production standards, service standards will be reduced, or whether a pregnant woman will be transferred to another job is made by the employer, taking into account the medical report and the requirements applicable to the work of pregnant women. 2. Hygienic recommendations for the rational employment of pregnant women were approved by the State Committee for Sanitary and Epidemiological Supervision of Russia on December 21, 1993, and by the Ministry of Health of Russia on December 23, 1993. The main goal of the development and application of the mentioned Hygienic Recommendations is to help create conditions for hygienically rational employment of pregnant workers, i.e., the optimal amount of workload (physical, neuro-emotional) and optimal working environment conditions, which should not cause deviations in practically healthy women the body during pregnancy and not have a negative impact on the course of childbirth, the postpartum period, lactation, on the condition of the intrauterine fetus, on the physical and mental development and morbidity of born children. The mentioned hygienic recommendations establish the optimal amounts of physical activity for women’s work during pregnancy, professional criteria for optimal workload, hygienic criteria for optimal conditions of the working environment, hygienic criteria for organizing the workplace. The appendices contain lists of potentially hazardous chemicals in terms of effects on reproductive function and industrial aerosols of predominantly fibrogenic and mixed types of action. The organization of the labor process in the workplace must comply with Hygienic recommendations for the rational employment of pregnant women, as provided for by SanPiN 2.2.0.555-96 “Hygienic requirements for working conditions for women,” approved. Resolution of the State Committee for Sanitary and Epidemiological Surveillance of Russia dated October 28, 1996 No. 32. These Hygienic Requirements for Working Conditions for Women establish that all female workers from the day they become pregnant must be taken under careful dispensary observation with mandatory early employment in work not related to exposure harmful production factors for the entire period of pregnancy and lactation. Permanent workplaces at production facilities must have sanitary and hygienic passports with general and quantitative characteristics of the factors of the production environment and the labor process. Requirements for working conditions for women during pregnancy are contained in section. 4 SanPiN 2.2.0.555-96. This section establishes requirements for technological operations, equipment, and the production environment, as well as permissible amounts of physical activity for pregnant women, permissible workload indicators for women during pregnancy, requirements for the organization of the workplace and hygienic indicators of optimal conditions for the production environment. 3. There are also restrictions on the admission of pregnant women to certain types of work. In the List of medical contraindications for workers of nuclear energy facilities, approved. Decree of the Government of the Russian Federation dated 03/01/1997 No. 233 “On the list of medical contraindications and the list of positions to which these contraindications apply, as well as on the requirements for medical examinations and psychophysiological examinations of workers at nuclear energy facilities”, pregnancy and lactation are included. Rules for labor protection in animal husbandry, approved. Order of the Ministry of Agriculture of Russia dated February 10, 2003 No. 49, stipulates that pregnant and lactating women are not allowed to work on servicing animals sick with contagious diseases. Sanitary rules for storage, transportation and use of pesticides (toxic chemicals) in agriculture, approved. The Chief State Sanitary Doctor of the USSR on September 20, 1973 No. 1123-73 (the issue of their use was regulated by Resolution of the Russian Ministry of Health dated November 13, 1996 No. 1), established that pregnant and breastfeeding women are not allowed to work with pesticides. Nursing and pregnant women are not allowed to work with dangerous goods and disinfectant solutions at disinfection and washing points (SP 2.5.1250-03 “Sanitary rules for the organization of freight transportation by rail”, approved by the Chief State Sanitary Doctor of the Russian Federation on March 24, 2003). A pregnant woman is subject to transfer to a job not associated with sources of ionizing radiation for the period of pregnancy and breastfeeding from the day the administration is informed about the fact of pregnancy (SP 2.6.1.1310-03 “Hygienic requirements for the design, equipment and operation of radon laboratories, radon therapy departments”, approved by the Chief State Sanitary Doctor of the Russian Federation on April 24, 2003). Pregnant women are not allowed to work as an operator of copying and duplicating machines (SanPiN 2.2.2.1332-03 “Hygienic requirements for organizing work on copying and duplicating equipment”, approved by the Chief State Sanitary Doctor of the Russian Federation on May 28, 2003). In accordance with SP 2.2.1289-03 “Hygienic requirements for organizations for dry cleaning of household products”, approved. By the Chief State Sanitary Doctor of the Russian Federation on April 17, 2003, pregnant women are not allowed to work in contact with harmful factors in the working environment. According to SanPiN 2.2.2/2.4.1340-03 “Hygienic requirements for personal electronic computers and work organization,” women from the time of pregnancy are transferred to work not related to the use of a PC, or the time they work with a PC is limited (no more than three hours per work shift) subject to compliance with the hygienic requirements established by these Sanitary Rules. Since the work of pregnant women working in rural areas, in crop production and livestock farming is prohibited from the moment pregnancy is detected, the administration is obliged to release the woman from such work (while maintaining the average earnings at the new place of work) on the basis of a certificate of pregnancy. A special medical report on the need to provide lighter work in this case is not required (clause 6 of the Resolution of the Plenum of the Supreme Court of the RSFSR dated December 25, 1990 No. 6 “On some issues arising when courts apply legislation regulating the work of women”). On the prohibition of sending pregnant women on business trips, engaging them in overtime work, night work, weekends and non-working holidays, see Art. 259 of the Labor Code of the Russian Federation and commentary to it. 4. If production standards and service standards are reduced for pregnant women, as well as in the event of their transfer to another job that excludes the impact of unfavorable production factors, they are guaranteed to maintain their average earnings for their previous job. The employer is obliged to establish a part-time working day (shift) or a part-time working week at the request of a pregnant woman (see Article 93 of the Labor Code of the Russian Federation and the commentary thereto). In this case, the pregnant woman will be paid in proportion to the time worked. 5. The Code does not establish within what period the employer must decide to reduce production standards, service standards, or transfer pregnant women to another job that excludes exposure to adverse production factors. However, before a pregnant woman is provided with another job that excludes exposure to unfavorable 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. Thus, from the date of writing the relevant application and providing a medical report, a woman has the right not to perform work that does not exclude the impact of adverse production factors. A woman’s refusal to perform such work cannot serve as a basis for applying disciplinary measures against her (clause 4 of the Resolution of the Plenum of the Supreme Court of the RSFSR dated December 25, 1990 No. 6). The requirements of parts 1 and 2 of the commented article are imperative for the employer, and failure to comply with the legal requirements of a pregnant woman may entail liability for violation of labor laws. 6. An employer’s refusal to provide a woman with easier work (reduced production standards, service standards) or to provide other work that excludes the impact of adverse production factors can be appealed in court. 7. The Code guarantees that women will retain their average earnings at their place of work even if they undergo mandatory medical examinations in medical institutions. This right can be exercised by a woman if she provides a document from a medical institution confirming the fact that she has undergone a mandatory medical examination. For the calculation of average earnings, see Art. 139 Labor Code of the Russian Federation. In accordance with paragraph 7 of Art. 255 of the Tax Code of the Russian Federation, expenses for payment of time associated with medical examinations are classified as labor costs. 8. 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. The impossibility of performing the previous work may depend both on reasons related to the protection of the health of the mother and child, and on factors whose influence on the ability to perform the previous work and on the quality of its performance is assessed by the woman independently (the previous intensity of work is impossible due to the child’s need for increased attention, previous work is associated with psycho-emotional stress, which can negatively affect the mother’s condition during this period, the inability during this period to perform work, the nature of which requires special attention, etc.). A woman's transfer to another job is carried out at her request.