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 the performance of the girl. If she is employed, then such a situation will be reflected in the quality of labor. Therefore, Russia provides for easy work for a pregnant woman. This measure is spelled out in the country's Labor Code. But light work is far from the only opportunity given to pregnant women in terms of conducting work activities. What rights are endowed by a woman in such a crucial period? What is regulated by the Labor Code of the Russian Federation?
Articles of Law
For girls who have become pregnant, 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 the law should be addressed to understand all the features of the work of pregnant employees?
Only a few labor standards are envisaged. 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 the employer must observe if he has a girl in position.
Production rates
To begin with, you should pay attention to the fact that pregnant women are people whose health is undermined. The performance of such an employee is likely to decline. And overstrain is fraught with negative consequences for the fetus. In Russia, the established laws are designed to protect citizens. Especially pregnant.
Therefore, the first rule, which is provided for in Art. 254 of the Labor Code of the Russian Federation is that all employees who have received the status in question should work with changing production standards. They must be reduced. To what extent? It all depends on the state of health of the woman. Often, medical workers give girls certificates with recommendations on this matter.
Unfavorable factors
The features do not end there. The thing is that easy work for a pregnant woman is necessarily provided by the employer. If we are talking about a vacancy that involves working in a hostile environment, one will have to worry about eliminating these factors. That is, when a woman in an interesting position works, say, in hazardous work, the employer must find a more suitable vacancy for her.
That is, the employee is transferred to easy labor. And not necessarily this process is accompanied by a decrease in load - you can change the nature of the work. A fairly common practice in Russia.
And earnings
The two points above have one huge feature. And both pregnant and employers should know about it. Indeed, violation of the Labor Code of the Russian Federation is not permissible. A woman whose rights are violated may complain to the employer. To avoid this, you will have to take into account all the established norms for the appointment of light labor.
It's about making money. Usually less workload means lower pay. But not in the case of pregnant women. According to the established rules, it is impossible to reduce the salary of such people. Easy work for the pregnant woman takes place, but at the same time, average earnings should be maintained.
In fact, being in an interesting position, a woman will work less and receive the same amount as she earned on average earlier. If the employer violates the rule, you can complain about it. Reference must be made to article 254 of the Labor Code. It is here, in the first paragraph, that the preservation of average earnings when transferring pregnant women to light labor is said.
If no work
The following features are known to few. And not every employer will agree to comply with the proposed standards. The previously mentioned article indicates that the easy labor of pregnant women is a mandatory measure. The employer does not have the right to refuse a girl in an interesting position to provide vacancies and labor that exhaust the occurrence of adverse production factors. These are far from all the important points that a pregnant woman has for easy labor. Payment for such work should not be reduced (only in some cases). But in this case, article 254 of the Labor Code of the Russian Federation will no longer apply.
What if the company cannot offer the employee easy work at the moment? What does the Labor Code say? For pregnant women in this case provides for suspension from work. And it is allowed to resume it only when the elimination of negative production factors occurs , as well as the transfer to easy labor.
The key feature is that under such circumstances, it is impossible to cut the salary of a pregnant girl. That is, the employee does not work, but receives the same earnings as in the exercise of official duties. Funds are allocated from the employer's budget.
So, it is advisable to find quick work for pregnant companies quickly. Otherwise, the employee has the right not to perform official duties legally. And despite this, getting paid in full.
Clinical examination
Sometimes employed girls have to undergo a medical examination in medical institutions. This process is also included in the Labor Code. For pregnant women who undergo a clinical examination, it is envisaged to maintain the average wage in their posts.
In other words, no one has the right to dismiss a pregnant woman during the medical examination; This feature should be taken into account without fail. True, we are talking only about compulsory medical examination. Not the most common phenomenon, but it does occur.
Already giving birth
Here is such an easy job for pregnant women in the Labor Code of the Russian Federation. Also, article 254 of this code specifies some of the features of the work of those who arrived to perform their duties before the child was born one and a half years old.
This circumstance can also bring a lot of trouble to the employer. After all, according to the application of the newly minted mother, she will have to transfer the employee to another position, implying the implementation of light work. At the same time, the average earnings for the duties performed should be maintained. How much can a citizen work at a lightweight pace? Until the child is 1.5 years old. After the employer transfers the mother to the usual way of work, which does not provide for any concessions.
Only on request
What else do employers and subordinates need to know? The thing is that the transfer of a pregnant woman to light work is carried out only on the personal application of the girl. If this document has not been provided to the management, it will be necessary to carry out official duties on an equal basis with everyone else. If the employer decides on his own initiative to transfer the subordinate to light work, then he has every right to “cut back” her earnings. Or do not save the employee an average salary in moments of absence from the workplace.
But all this acts only when there is no application for easy work. Otherwise, the norms established by the Labor Code will have to be respected. So, until the woman herself has decided to reduce her workload, all of the above features will not apply to her. An employee is considered to be the same employee as everyone else.
When to contact
Pregnancy is a very long process. From the 30th week of an interesting situation, the employer should generally give his subordinate so-called maternity leave. Therefore, many are interested in how long light labor takes place.
The law does not spell this moment. In general, as soon as a woman finds out about pregnancy, she has the right to concessions in the performance of official duties. The main thing is to provide a doctor’s opinion as confirmation. On average, about a month and a half after the conception of the baby, the employee has the opportunity to transfer to easy labor.
In practice, this phenomenon is rare. Usually, a statement of reduced workload in the performance of official duties is written closer to maternity leave. Then, when the body experiences maximum stress. But before, a woman has the right to easy labor. The only task is to get a medical report about the pregnancy. Given the fact that in Russia you can "think" about abortion before 12 weeks of an interesting situation, it is recommended that after this period write an application for easy work.
Part time
All of the above is the content of only one article of the Labor Code of the Russian Federation. Often, all of the above measures are not applied by employees. Instead, Art. 93 of the Labor Code of the Russian Federation. What does it say?
This article is responsible for part-time work. It is indicated that women in position have the right to demand the establishment of a part-time job or a shift in the exercise of official duties.
Again, the request is considered only after a written request to the employer. They may refuse, but it is better not to do this. Indeed, employees often start to ask not for shortening the working day, but for transferring them to easy labor.
How much to pay
However, part-time work has its advantages for the employer. Average earnings will be maintained with light work. But if an employee asked for an incomplete shift, then the salary should be calculated in proportion to the work performed.
Either payment by volume or labor time is considered. It all depends on the position. Thus, earnings from a pregnant woman may be lower. For the employer, this is a huge advantage. Therefore, in practice, this is the form of work that the authorities offer to employees who are in an interesting position.
Impact on labor rights
How does part-time work reflect on the labor rights of citizens? According to the established laws, nothing. The transfer of the pregnant woman to light work, as well as the reduction of the work shift according to the established standards, should not be reflected in the social package.
That is, leave and sick leave, as well as all other labor rights, remain with the employee in full. If the employer tries to somehow infringe on the subordinate, you can complain about him. This is a direct violation of the legislation established in Russia. You should not be afraid - you should be able to protect your rights. Especially when it comes to vulnerable and weak pregnant women.
How is it really
True, situations in real life are seriously different from the ideal. The Labor Code also states that it is impossible to dismiss an employee who is in a position on the initiative of the employer. And at night such frames are forbidden.
But in reality, it turns out that women, by decree, overwhelmingly work in full, without transferring to light work. And if the employer provides lightweight conditions for the performance of official duties, then most likely this will affect earnings - it will become lower.
Unscrupulous employers do the same. In addition, sometimes women are simply forced to quit "on their own." Only bona fide companies comply with all statutory requirements. Easy work for a pregnant woman is the right of every woman in a position. And it is for the employees themselves that the decision to implement this opportunity remains. Without a written statement, it can be considered that the subordinate did not express a desire for easy work or to appoint a shorter working day. This should be remembered by both the employer and the employees themselves.