Shortened working hours for pregnant women: with preservation of wages, according to the labor code

It should be taken into account that the maximum amount of income for two calendar years cannot exceed a certain amount - the maximum value of the base for calculating insurance contributions to the Social Insurance Fund of the Russian Federation, established in the corresponding calendar year. In 2015, this amount was 670,000 rubles, in 2016 - 718,000 rubles.

If, during the two years preceding maternity leave, a woman had no earnings, or her average monthly earnings were lower than the minimum wage established on the day of maternity leave, the amount of the benefit is calculated based on the minimum wage labor.

After the end of maternity leave, a woman can take parental leave. To do this, she needs to contact her employer with a written application for parental leave.

• Duration of vacation. Such leave is granted until the child reaches three years of age. During this time, the employer is obliged to retain the woman’s position—only a temporary employee can be hired in her place. Parental leave is included in the total length of service and work experience in the specialty. An exception is the length of service in certain professions, which is necessary for the early assignment of an old-age pension (Article 256).

While on maternity leave, a woman can work part-time or from home. The employer appoints such a schedule upon the written application of the young mother.

New working conditions and the period for which they are established should be recorded in an additional agreement to the employment contract.

At the same time, the mother will continue to receive child care benefits.

A father, grandmother, grandfather or other relative can go on parental leave. The family can agree that mom takes one part of the vacation, and dad or grandma takes the other, and mom goes to work at that time.

• Child care allowance. Until the child turns one and a half years old, the mother (another relative) who is on maternity leave receives benefits. It is accrued from the date such leave is granted and is paid at the place of work.

To receive child care benefits, you must provide the employer with the following documents (Clause 6, Article 13 of Federal Law No. 255-FZ of December 29, 2006):

• application for child care benefits (in free form);
• original and copy of the child’s birth certificate;
• original and copy of the birth certificate of the previous child(ren);
• a certificate from the second parent’s place of work stating that he does not receive child care benefits;
• a certificate from your previous employer about the amount of earnings (if you worked for another employer during the previous two years).

The amount of the benefit is 40% of the mother’s average earnings, but not less than 3,065 rubles 69 kopecks for the first child and 6,131 rubles 37 kopecks for the second and subsequent ones and no more than 23,089 rubles 04 kopecks per month for one child (Resolution of the Government of the Russian Federation dated 26 January 2017 N 88). However, if a regional coefficient applies in your area, then the minimum and maximum benefit amounts increase.

If you have two or more children under one and a half years old, then the benefits for them are summed up. This amount cannot exceed 100% of earnings.

Prohibition on dismissal of a pregnant woman at the initiative of the employer

An employer does not have the right to fire a pregnant woman on his own initiative (Article 261 of the Labor Code of the Russian Federation). The exception is cases of liquidation of an organization or termination of activities by an individual entrepreneur.

If a woman works under a fixed-term employment contract and it expires during pregnancy, the employer is obliged to extend the term of the employment contract until the end of maternity leave, or, in the case of a miscarriage or abortion for medical reasons, until the end of the pregnancy. The employer has the right to require a certificate confirming the state of pregnancy no more than once every three months.

Exception. An employer has the right to dismiss a pregnant woman working under a fixed-term employment contract only if:

• a fixed-term employment contract was concluded during the absence of a permanent employee (for example, a woman took a “maternity” position) and at the same time
• the employer does not have the opportunity to transfer the woman, with her written consent, to another job available to the employer, which the woman can perform for health reasons.

If a woman was illegally fired during pregnancy, she has the right to file a lawsuit for reinstatement at work.

An employer does not have the right to terminate an employment contract on its own initiative with:

• a woman with a child under 3 years of age;
• a single mother raising a child under the age of 14 or a disabled child under the age of 18;
• another person (father, grandmother, grandfather, guardian, etc.) raising these children without a mother;
• a parent who is the sole breadwinner of a child under three years of age or a disabled child under 18 years of age in a family raising three or more young children (under 14 years of age), if the other parent in this family does not work (Article 261 Labor Code of the Russian Federation).

Read also: Tax deduction for a disabled child

Exception: The employer has the right to terminate the employment contract with these persons on the grounds provided for in paragraphs 1, 5-8, 10, 11 of part 1 of Article 81 or paragraph 2 of Article 336 of the Labor Code of the Russian Federation. Such grounds include:

• liquidation of an organization or termination of activities by an individual entrepreneur;
• repeated failure to fulfill job duties without good reason, if the employee already has a disciplinary sanction;
• gross violation of work duties (absenteeism, showing up to work while intoxicated, etc.);
• for teachers and educators - committing an immoral offense, physical or psychological violence against students;
• providing false documents when applying for a job.

Part-time work for pregnant women and for parents of young children

A pregnant woman has the right to demand that her employer establish a part-time or part-time working week for her (Article 93 of the Labor Code of the Russian Federation). To do this, the woman submits an application to the employer, to which she attaches a medical certificate confirming pregnancy. The application must be completed in two copies.

You give the first copy to the employer. The second one - with a mark of acceptance - remains with you as confirmation that you really applied for part-time work. If the boss refuses to accept the application, you can send it to the employer in a valuable letter with a list of attachments.

The number of hours by which the working day or working week is reduced, and the period for which such a work schedule is established, must be discussed with the employer individually. These conditions must be recorded in writing, for example, by drawing up an additional agreement to the employment contract.

If you work part-time (part-time), wages are calculated in proportion to the time worked or depending on the amount of work performed. This work schedule of a pregnant woman does not affect the duration of vacation and the calculation of length of service.

The mother or father of a child under 14 years of age or a disabled child under 18 years of age also has the right to part-time work (part-time work).

If you are unable to reach an agreement with your employer, you should not arbitrarily shorten your working hours - the employer may recognize such actions as a disciplinary offense. It is better to seek protection of your rights from a trade union organization, state labor inspectorate or court.

What to do if the employer refuses to accept the application?

If the employer, for any reason, refuses to alleviate the situation of a pregnant employee, then the latter has the right to file a complaint with the labor inspectorate.

If the check does not bring the desired result, then the only option left is to file a claim in court. There is no state fee for consideration of such cases.

The main thing is to remember that the employee’s work shift should not be cut short without permission, without notification and an appropriate decision from the employer.

The right to breastfeeding breaks

If a mother works with a child under one and a half years old, then during the working day, in addition to the lunch break, she has the right to breaks to feed the child (Article 258 of the Labor Code).

Such breaks lasting at least half an hour (if a woman has two or more children under one and a half years old, then at least an hour) are provided at least every three hours, regardless of whether a lunch break falls within this period of time.

The total time of feeding breaks can be added to the lunch break or moved to the beginning or end of the working day. Such a schedule is established by the employer upon the written application of the nursing mother.

Breaks for feeding the child are paid in the amount of the mother's average earnings.

Pregnant women and young mothers have additional rights and guarantees within the framework of labor relations: no probationary period when hiring, the opportunity to set a special work schedule, the right to maternity leave and child care with the payment of social insurance benefits.

Don't be afraid to contact your employer to exercise these rights.

It should be remembered that all applications must be sent to the employer in writing and be sure to keep a copy of the application signed by the employer.

Special conditions that differ from those specified in your employment contract (for example, part-time work, moving feeding breaks to the beginning/end of the working day, etc.

6.03.2017

Prepared by Ekaterina Karepova

Source: https://pitbuy.ru/pravo-materi-sokrashchennyy-rabochiy-den/

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 work schedule established for preferential categories of workers.

Any working woman can take advantage of this privilege while waiting for the birth of her 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.

Dear readers! To get advice on your problem, contact a lawyer using the feedback form or call:

What does the law say?

According to Article 254 of the Labor Code, a shortened day can be established for medical reasons (and the request of the employee).

Also, the workplace and wages are 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 of her salary.

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:

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 caring for sick relatives who have an appropriate medical certificate can reduce their work time.

Part-time work does not entail any restrictions in the accrual of vacation funds or the calculation of insurance (working) experience. Remuneration is carried out according to a proportional system - that is, depending on the hours worked or the volume of work performed.

Which pregnant women are entitled to the benefit?

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. But at an early stage, mandatory medical confirmation of the employee’s status is required. At a later stage, the woman’s condition is obvious, but a certificate from a medical institution will also have to be provided (these are the rules).

A woman has the right to refuse a reduction in working hours. Employers do not have the right to insist on changing the work schedule.

It should be noted that the employee is not required to confirm that she is feeling unwell—there is no need to provide additional medical prescriptions. It is enough for her to simply indicate the fact of pregnancy. Ordinary documents from the antenatal clinic will be sufficient to confirm the request briefly stated in the application.

This is due to the special status of a woman carrying a baby. Pregnancy always puts a strain on the female body, so additional rest is simply necessary for the expectant mother without any additional conditions. And this right to rest is reserved for pregnant women at the legislative level.

Important! The general rules for reducing working hours for this category of workers apply to all employers without exception - government agencies and organizations, commercial enterprises and individual entrepreneurs.

Establishment rules

- Dmitry Ivanov. Lawyer

Source: https://zakonguru.com/trudovoe/kodeks/sokrashhyonnyj-rabochij-den-dlya-beremennyx.html

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

Magazine: Everything for the personnel officer Year: 2011 Burnasheva Zulfiya Nailievna Topic: Part-time work, Remuneration Heading: Is there a problem? Here's the solution

Regulations
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, accommodating her, because by law she has the right to do so. 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?

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 possibility or impossibility for a woman to perform work during full working time does not matter.
• IT IS FORBIDDEN!
• Require a medical certificate from a pregnant employee stating that she is unable to perform work during normal working hours

The establishment of part-time work 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.

Our information

Production rate is the number of units of products (services) of a certain type that must be performed by one employee or group of employees of appropriate qualifications per unit of working time (hour, shift, month, etc.).

unit of time) in given organizational and technical conditions.

The production rate is established if there are possibilities for quantitative accounting and control of products (services), if the same work is performed systematically during a work shift with a constant number of performers.

Service standard - the number of objects (workplaces, pieces of equipment, production areas, etc.) that an employee or group of workers with appropriate qualifications must service per unit of working time (during a shift, month, etc.) in organizational data. technical conditions.

THIS IS USEFUL TO KNOW

The law does not establish a minimum duration of part-time work for a pregnant woman. It is determined by agreement of the parties

According to Part 2 of Art. 93 of the Labor Code of the Russian Federation 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. At the same time, the legislator does not make exceptions to this rule either for pregnant women or for any other category of workers.

Read also: Renewing a passport after marriage: documents, deadlines and state fees 2020

Article 254 of the Labor Code of the Russian Federation, to which your employee is probably referring, provides for a reduction in production standards, service standards for pregnant women, or a transfer to another job that excludes the impact of adverse production factors, while maintaining the average earnings for the previous job.

It should be noted that a decrease in production standards and service standards does not automatically entail a reduction in working hours.

In other words, if an employer reduces production standards (service standards) for a pregnant employee, this does not mean that the length of her working day (week) is also reduced.

The purpose of reducing these standards in this case is to reduce the intensity of labor, and not to reduce working time.

Providing guarantees provided for in Art. 254 of the Labor Code of the Russian Federation, is carried out in accordance with a medical report, which must establish the optimal amount for a pregnant woman to reduce production standards (service standards) or the need for transfer to another job.

Thus, in order to receive this guarantee, a pregnant employee must provide the employer with an appropriate medical report. Explain this to your pregnant employee.

Summary

When a pregnant woman is assigned, at her request, part-time work in accordance with Art. 93 of the Labor Code of the Russian Federation, remuneration is made in proportion to the time worked or depending on the amount of work performed.

• Motivation, Incentives and Remuneration

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Source: https://hr-portal.ru/article/beremennaya-rabotaet-nepolnoe-rabochee-vremya-skolko-platit

Working hours standards for pregnant women

The pregnancy of one of the employees causes quite natural concern for the employer.

The establishment of this fact means that a woman has new rights, and the head of the organization, accordingly, has new responsibilities. And failure to comply risks liability.

Let's look at how to avoid conflict in such a situation.

What does the law say?

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.

Normative base

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.

Labor Code of the Russian Federation

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.

Rights and guarantees

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

Part-time working hours for pregnant women according to the labor code are 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.

Employer Responsibilities

But the law obliged the employer, based on the written desire of the pregnant employee, to review the duration of her working hours (Article 93 of the Labor Code).

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

Working hours for pregnant women according to the Labor Code

If a pregnant woman wishes to exercise her right to have her working hours reduced, she applies to her employer.

She can do this at any time. The length of pregnancy or the woman’s work experience in the organization does not play any role.

Part-time work can be negotiated immediately when a woman in this position is hired. You can also return to your normal schedule at any time.

Application example:

Sample employee statement

Visiting a doctor at the antenatal clinic

Registration and receipt of a pregnancy certificate imposes an obligation on the woman to undergo periodic medical examinations.

The working hours of medical institutions, as a rule, coincide with the working hours of most organizations and enterprises. This means that you have to undergo medical examination during working hours.

To ensure that a woman does not lose her earnings and does not refuse medical research on this basis, the legislator has provided a number of measures, namely, maintaining the woman’s average earnings during the medical examination.

In addition, her absence from work is not considered absenteeism. Even if she didn't warn the employer. It is enough to take a certificate from the clinic and provide it to the manager after visiting the doctor.

Time standards and reduction of its duration

Reducing working hours due to pregnancy is possible in the following ways:

Shortening the day (shift) The number of working days does not change, but their duration is reduced 6 hours instead of 8 Shortening the working week The length of the working day does not change, but the number of working days is reduced Working days are Tuesday-Thursday instead of Monday-Friday Shortening both the day and the week Decreases and duration of each working day and their number Work 6 hours from Monday to Thursday

For example, manager Tarelkina’s working day is reduced from 8 hours to 6.5, and cleaner Chashkina is offered to work 4 instead of 5 working days.

Establishment of part-time work

The procedure for establishing part-time work for a pregnant woman will be as follows:

1. Get a certificate about your condition from the antenatal clinic.
2. Write an application addressed to the head of the organization. In it, indicate exactly how you would like to reduce working hours: shorten the day or get an additional day off. The duration of such a regime is also indicated. This can be either all the time before maternity leave or a shorter period of time.
3. Submit the application and certificate to the personnel service. It would be a good idea to write the application in two copies. This will help if a controversial situation arises.
4. Read the order establishing a part-time day and sign for it.
5. Sign the supplementary agreement to the employment contract and keep one copy.

If the employer refuses to change the working hours, the woman can protect her rights by filing a complaint with the labor inspectorate. To do this, you will need a second copy of the application and a certificate of pregnancy.

Documentation

To apply for part-time work, a woman only needs one document - a medical certificate. Its absence gives grounds to consider absence from work as absenteeism and to impose a disciplinary sanction.

The employer, having received the application and certificate, issues an order establishing part-time work, and then draws up an additional agreement to the employment contract, since such a regime entails a change in pay.

Example of an additional agreement:

Payment nuances

Part-time working hours, in contrast to shortened ones, also imply a proportional reduction in pay (Part 2 of Article 93 of the Labor Code). The law does not oblige the employer to retain the same earnings for an employee who works less.

The legislator does not make exceptions for pregnant women.

The fact of changes in wages is reflected in the additional agreement to the employment contract. An employee does not have the right to demand that her employer maintain her previous salary if she has signed a part-time agreement.

Recording hours worked on a timesheet

The legislator does not establish a minimum limit for part-time work for a pregnant woman. As, in fact, the “ceiling”.

They are determined by the parties independently. This agreed time is entered into the timesheet. This is necessary for correct payment calculation. If summarized records are kept or the work schedule is flexible, then the time actually worked each day is entered on the timesheet.

The time of completion of the mandatory medical examination is also noted on the report card on the basis of a supporting document.

A special cipher is used for this. Since payment for this period is made in the amount of average earnings, it is taken into account separately.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Source: http://kadriruem.ru/rabochee-vremja-dlja-beremennyh-po-trudovomu-kodeksu/

Reducing working hours for pregnant women while maintaining pay

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.

Normative base

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.
• Reducing production standards, if they are present in production.
• Transfer to a workplace with the most favorable conditions.
• Protecting the employee from harmful and dangerous types of production that can negatively affect the woman and the fetus.
• 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.

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

Similar benefits are provided to the following groups of persons:

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

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.

In what cases is the benefit provided?

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.

Read also: Giving a spouse a share of an apartment: tax during marriage

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.

Peculiarities

The Labor Code of the Russian Federation does not stipulate the number of hours by which the working day should be reduced. This volume is determined individually: depending on the wishes of the employer and the pregnant woman herself. As a rule, the shift is reduced by 1-2 hours. An alternative option is to arrange a weekly additional day off.

If pregnancy is accompanied by some negative factors, the shift is reduced by more hours. In particular, this is relevant in the following cases:

• Disability groups 1 and 2 for an employee. The working week should not exceed 35 hours.
• if the employee has not reached the age of majority. A similar rule applies.

ATTENTION! Shortening a shift cannot affect the duration of annual leave or maternity leave.

Registration procedure

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

1. A pregnant woman turns to the antenatal clinic for a certificate of status.
2. Contact the company's HR department.
3. Submitting an application in writing (a medical certificate is attached to the application).
4. Leaving the resolution on the application.
5. Preparation of an additional agreement to the employment contract in two copies and its signing by the employer and employee.
6. 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,
Zaitsev V.B.
from the project manager

Sidorova E.I.

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 08, 2016 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.

How are shortened shifts paid?

Wages may decrease if working hours are shortened. The order of its reduction depends on the calculation principles:

• Based on the number of hours worked.
• According to the volume of work performed.

In the first case, the size of the reduction is determined by the number of hours by which the shift was reduced. In the second case, a woman can maintain the same salary level if she fulfills the required quota. However, this norm is also reduced at the request of the pregnant woman.

The benefit has almost no effect on the amount of vacation or maternity pay. However, if a woman worked according to a modified work schedule for a long time, the amount of payments may be slightly reduced.

This is due to the fact that when calculating maternity benefits, the average salary for the last two years is taken into account. During the period of validity of the benefit, it may decrease, which will affect the final result of the calculations.

What to do if the employer refuses to shorten the shift?

The employer does not have the right to refuse to provide the required benefits to a pregnant woman. If he refuses to change the schedule, it makes sense to contact the labor inspectorate.

If after checking nothing changes, you should go to court. Such cases are dealt with without payment of fees to the workers.

You cannot reduce your shift on your own, as this may be perceived as absenteeism or tardiness, which will give grounds for dismissal.

Source: https://assistentus.ru/sotrudniki/sokrashcheniye-rabochego-dnya-beremennym/

Shortened working hours for a pregnant woman at work? – shortened working hours for pregnant women

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Guarantees for pregnant women under the Labor Code: a reminder for employers

Guarantees for a pregnant woman according to the Labor Code of the Russian Federation are special working conditions that are created for an employee who is expecting a child. For violating them, employers face administrative liability, so it is better to understand in advance what benefits are provided by law for expectant mothers.

Before we tell you what guarantees are provided to working pregnant women, let us clarify: not a single law specifies the period for notifying superiors about pregnancy. Judicial practice shows that even if the employer did not know that the employee was planning to become a mother, this does not relieve him of responsibility for violating the norms of the Labor Code of the Russian Federation (clause

25 Resolution of the Plenum of the Armed Forces of the Russian Federation dated January 28, 2014 No. 1).

Since not only employers, but employees themselves are interested in providing benefits, we recommend explaining to the female part of the team how and when pregnancy is confirmed.

The very first document indicating a woman’s interesting position is a registration certificate, which is issued at any antenatal clinic. If you register before 12 weeks, the expectant mother will be paid a lump sum benefit (from 01.02.

2019 - 655 rubles 49 kopecks) along with maternity benefits. But the document itself or a copy of it can be presented earlier if, for medical reasons or other reasons, the employee has already received the right to certain benefits.

The registration certificate will help the employer provide all the guarantees to pregnant women under the Labor Code of the Russian Federation, and the workers themselves will not be left at a loss.

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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Employment guarantees

In Art. 64 of the Labor Code of the Russian Federation directly states that when selecting candidates and hiring, it is prohibited to refuse to conclude an employment contract for reasons related to pregnancy. In order for the described guarantees for pregnant women in the Labor Code of the Russian Federation to be observed, it is permissible to appeal an unjustified refusal in court.

The next benefit that expectant mothers have the right to count on is employment without testing (Article 70 of the Labor Code of the Russian Federation). If a probationary period is assigned, then dismissal in case of failure cannot be made (clause 9 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated January 28, 2014 No. 1).

What working mothers-to-be have the right to expect?

Certain prohibitions and guarantees for pregnant women under the Labor Code also exist in situations where a woman is preparing to become a mother after some period of work in a company. According to current regulations, she has the right:

Name of guarantee Link to standard Part-time work Art. 93 Labor Code of the Russian Federation Light work (for medical reasons) while maintaining average earnings at the previous place of work Art. 254 of the Labor Code of the Russian Federation Maintaining average earnings during the period of medical examination Art. 254 of the Labor Code of the Russian Federation It is prohibited to send on business trips Art. 259 of the Labor Code of the Russian Federation You cannot be hired to work on the night shift Art. 96 of the Labor Code of the Russian Federation You cannot be required to work overtime Art. 99 of the Labor Code of the Russian Federation It is prohibited to engage in work on a rotational basis Art. 298 Labor Code of the Russian Federation May not work on weekends and holidays Art. 259 of the Labor Code of the Russian Federation Has the right to go on annual paid leave at any time before and after maternity leave, even if the continuous experience in a particular company is less than 6 months Art. 122 and 260 of the Labor Code of the Russian Federation It is prohibited to recall from vacation Art. 125 of the Labor Code of the Russian Federation Can receive maternity leave (from 27-30 weeks of pregnancy if there is a sick leave issued by a doctor) with payment of benefits in the amount of 100% of earnings Art. 255 Labor Code of the Russian Federation

Rights of pregnant women upon dismissal

Employers have the most problems when dismissing expectant mothers, because they either do not know what guarantees and compensations there are for pregnant women in the Labor Code of the Russian Federation in this case, or they ignore them. Here you need to remember two rules (Article 261 of the Labor Code of the Russian Federation):

1. If a fixed-term employment contract has been concluded with an employee, in the event of pregnancy it must be extended until the end of maternity leave. If the contract is terminated due to the departure of the main employee, the pregnant woman must be offered a transfer to another position. If she refuses the transfer or the employer does not have another suitable job (including low-skilled or low-paid work), the contract is terminated.
2. An employee cannot be fired at the initiative of the employer, including for violation of labor discipline (for this it is allowed to bring disciplinary action). If a person wants to leave voluntarily (at his own request or by agreement of the parties), there is no reason to keep him; his employment contract is terminated according to the general rules. If the company is liquidated (closed), there are also no obstacles to dismissal.

Let us remind you that in case of violation of her rights, a pregnant worker can appeal to the labor inspectorate or to court. As practice shows, judges most often side with women.

Source: https://www.klerk.ru/buh/articles/489780/