Today article 254 of the Labor Code of the Russian Federation will be studied. The thing is that she is responsible for the features of the pregnant woman's labor activity. It also indicates some points that relate to women with young children (under 1.5 years old). Each employer must follow the established rules. Indeed, violation of the Labor Code, especially in relation to pregnant women, is a terrible crime. Few will trust a company that exploits women in an “interesting” position. And the expectant mother herself is unlikely to hold on to work in which her legal rights are not respected. So what can you count on? What features of labor are provided by law in Russia?
Production rates
The first thing you should pay attention to: most companies have so-called production standards. This is how much work this or that employee should 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 who have not reached the age of one and a half years have the same rights.
Upon application to such women, the employer is obliged to lower production standards. Especially when it comes to medical indications. During pregnancy and the first time after childbirth, the woman’s body is in a vulnerable condition. The employer must consider this factor.
By the way, it makes no sense to reduce the norms of work performed without a statement from a future or newly made mother. The law does not provide for such beneficence. Until the woman herself declares her rights, the chief considers the employee on an equal basis with everyone else.
Unfavorable factors
What else should you pay attention to? It happens that the duties of a pregnant woman mean the presence of a variety of factors that can negatively affect the health of a subordinate or a future 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 adverse factors should be eliminated at the request of the employee. Otherwise, she has every right to refuse to perform official duties. In this case, the salary for the subordinate is maintained. In other words, pregnant women are entitled to the provision of suitable working conditions. And the employer is obliged at the request of the subordinate to eliminate all adverse factors that could have a negative impact on the health of both mother and baby. There is one important point. And with the elimination of factors, and with a decrease in production standards, the employee retains average earnings.
Until eliminated
Article 254 of the Labor Code of the Russian Federation with comments (2015-2016) has many more features. For example, as already mentioned, a pregnant woman may require the employer to eliminate adverse labor factors. And while the boss does not satisfy the request, you can not 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 still retains the average earnings for the position. Remuneration for all missed days. Cash is withdrawn from the employer's funds. Therefore, in the interests of the company’s bosses, a quick satisfaction of the pregnant request.
No matter how long the absence of a subordinate lasts. The law clearly states: until the adverse factors are eliminated, a girl in an “interesting” position may not go to work, while retaining the average earnings in a given position. That is, the absence of a subordinate can last several days and a couple of months. It all depends on the employer.
About inspections
What other features are envisaged that are dictated by Article 254 of the Labor Code of the Russian Federation? Visiting a doctor during pregnancy is an important point. It is required for all expectant mothers. And 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 visits after hours. If an employee asks to the gynecologist during work, they cannot refuse her. These rules are dictated by Article 254 of the Labor Code of the Russian Federation. Visiting a doctor during pregnancy is not considered absenteeism. A working day is paid in the same way as a fully worked out period.
In other words, it is impossible to deprive a pregnant woman of 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” position should refer to if the employer does not let the doctor go for a scheduled examination. Or when he says that the day will not be paid. Such decisions are illegal. This is a direct violation of the law.
Up to one and a half years
The features of the Labor Code regarding girls in an “interesting” position do not end there. What if the woman gave birth, but for medical reasons, she can not return to her previous job?
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 age of one and a half years, the newly-minted mother is able to ask the employer for a transfer to a position that would correspond to the medical report on the state of health.
It is important to note: the average earnings for the subordinate is preserved. This is a required item. An employer cannot transfer a woman with a child under 1.5 years of age to a less paid position.
Mandatory Examinations
These are the norms contained in Article 254 of the Labor Code of the Russian Federation. Special attention is required to comment on this part of the labor law. They help to understand the nuances of the established rules.
Great attention is paid to medical examinations. Women during pregnancy are required to register at the antenatal clinic. From this moment, mandatory visits begin. They must not be missed. More precisely, such steps are not welcome. And the employer must release their pregnant subordinates for routine examinations with the preservation of earnings.
Comments on the Labor Code, on Article 254, indicate that the following medical examinations are mandatory at the moment in Russia:
- gynecologist - once every 2 weeks (and at least 10 times for the entire pregnancy);
- therapist - at least 2 times in 9 months;
- dentist, ENT, ophthalmologist - when registering (minimum).
In practice, the last specialists pass 2 times during pregnancy - at the beginning of the term and at the end. This is if there are no complications. Also, pregnant women should undergo additional examinations and tests. Article 254 of the Labor Code of the Russian Federation (comments of 2016 interpreted the upcoming tests) indicates that mandatory medical manipulations should 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 a perfect pregnancy. All analyzes and examinations are a very time-consuming process. Therefore, most medical examinations occur during working hours. And the employer should not only release subordinates 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 of employers, as well as conflicts. What can you face? In the article under study, in the comments, the most common conflicts are indicated. These include the following options:
- Employers believe that a woman should work out missed hours after hours.
- Someone may require mandatory documentation that confirms the fact of a visit to the doctor. In the case of doctors, this is possible, but it is unlikely that someone will give a medical opinion on the delivery of blood or urine for analysis.
- There are bosses who believe that pregnant women actively use their rights and abuse them. Often, employers impose fines and other punishments for pregnant women.
Which requirements are relevant and which are not? Article 254 of the Labor Code of the Russian Federation with comments will help to figure this out. What could be considered a violation of the law?
The imposition of punishments
So, in accordance with the studied article of labor law, the employer must pay the time for visiting a doctor to a pregnant employee. This does not count as absenteeism or skipping.
Accordingly, a girl in an “interesting” position should not work out the missed time. Moreover, they have no right to impose fines and other punishments on a woman. This is a direct violation of the laws that are provided for in Article 254 of the Labor Code of the Russian Federation. Visiting a doctor during pregnancy during working hours is normal. And no one is able to punish a girl for this. Therefore, the first and last claims are inappropriate.
About Help
But what if the employer requires a medical certificate? This requirement does not contradict the established labor legislation. Therefore, the boss has the right to ask the pregnant woman for evidence of a visit to the doctor. Help is optional. Any evidence that confirms a visit to a medical facility will do.
For example, an appointment coupon is suitable. Lawyers indicate that it is in the interests of the woman herself to worry in advance about the availability of evidence of visits to doctors. After all, then absence from work will not be considered truancy. If the visit could not be proved, a reprimand may follow. In this case, absence from the workplace for more than 4 hours in a row is a truant.
Is it worth it to be afraid
What else does article 254 of the Labor Code of the Russian Federation indicate? Visiting a doctor during pregnancy is a normal occurrence. If an employee can confirm that she was not skipping, then no punishment will follow.
In general, girls in an “interesting” position have special rights at work. They cannot be fired. But to punish - easily. And then this is only possible subject to abuse of their rights. This is extremely rare. That is why a pregnant woman may not be afraid of any punishment, as well as dismissal.
For time tracking
Why should a woman have any evidence of visits to doctors? The thing is that every employer keeps track of working hours. And coupons, which confirm the fact of being in a medical institution, help this action. In other words, they are needed not only to confirm the good faith 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 invite the head to call the medical institution. And by phone they can often confirm a visit to a doctor. This is a modern technique that is not used as often.
The main problem is time.
Unfortunately, everything is not always as good as we would like. If a woman goes to a private clinic, then there she can be given a certificate of a visit to a doctor, and even confirm the delivery of tests. But some are pregnant in antenatal clinics for free. In this case, a visit to the doctor may be delayed. We have to take a turn.
Accordingly, no one will be able to confirm the period of "sitting out" and waiting for admission. In fact, the woman skips work. And this despite the fact that she actually waits until the doctor accepts her, only in the order of a live queue. No one will give out a certificate stating that the girl took the queue at 9:00, and the reception on "live" was only at 15:25, for example. Therefore, some problems may arise. In this situation, it is recommended to pre-arrange a visit to the doctor with the employer.
conclusions
What conclusions can be drawn from the foregoing? 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 may demand from the employer conditions of work corresponding to her condition with the preservation of earnings;
- until the boss provides suitable conditions, you can not go to work, but the earnings will remain;
- 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 with evidence of stay in medical institutions.
These rules will have to adhere to in Russia. Pregnant women have special rights. By the way, they cannot be fired. Unless punish for absenteeism. And then, if the employer can prove that the woman just walked, and was not at the doctor.