When is the employer to inform the employer about pregnancy? What rights at work does a pregnant employee have, what requirements have the right to present: payments during pregnancy. Can a pregnant woman reduce or fire? What is needed to protect the rights of a pregnant woman?

If you are pregnant, you should know about your rights at work. They will be discussed in the material.

Content

Women, having learned about pregnancy, prefer to hide their position from the employer until a certain moment. The reason for this is the fear of losing their place of work or missing the opportunity to occupy a leadership position. Often, the employer violates the rights of pregnant women - workers are discriminated with rights.

A pregnant woman loses her advantages in the labor market: more likely, when trying to find a job, the woman will receive a refusal of the employer. If there is already a place of work, such an employee is trying to complicate the norms of labor, and provoke dismissal. In order to protect her labor rights and not become a victim of such discrimination, a pregnant woman should know what the law speaks of this. The state provides for social guarantees, benefits - liability for the execution of which is assigned to the employer.

When is the employer to inform the employer about pregnancy?

Each employer, due to professional ambitions, would not want to lose a valuable employee. Of course, the situation, perhaps, initiates a number of changes and difficulties in work. However, a pregnant employee must in the shortest possible manner by the leadership of his special situation.

To do this, it is necessary to provide a certificate with a confirming pregnancy from a medical institution in the personnel department. Such a certificate is recorded in accordance with all the rules for maintaining internal documentation - assigning a number and reinforcing an employee into the personal file. It will not be superfluous to duplicate the certificate, certified by the leadership and envious of the personnel department. This will help to avoid further disputes about the timely provision of documents.

What rights do a pregnant employee have at work?

For full gestation of the fetus with active work activity in accordance with the Labor Code of the Russian Federation, a pregnant woman has the rights, which are provided for by articles from 254 to 261 of the Labor Code of the Russian Federation.

Where it is said that:

A pregnant woman who took advantage of the right to maternity leave retains the former workplace with proper salary. The length of service is not interrupted.
At the end of the fixed -term employment contract during pregnancy, it is necessary to make an application to increase the validity of the contract. The employer does not have the right to refuse to extend, but also does not have to inform in advance about the end of the term, if the employee did not take this fact into account.
A woman has the right to paid leave during pregnancy. The employer is guaranteed to pay the entire amount that is supposed to be, regardless of the employee’s work.
The dismissal of such an employee cannot be made in a one -way desire of the management. The only factors of dismissal may be - mutual consent of the parties or the disbandment of the team due to the termination of the field of activity of the enterprise.
The dismissal of a pregnant employee during the internship is also unacceptable.
If the pregnant woman is not able to fulfill his official duty, in accordance with Article 261 of the Labor Code of the Russian Federation, she also cannot be dismissed.

What are the requirements to present a pregnant employee?

Of no small importance in combining the period of pregnancy, and labor activities are well -being of the conditions for work. Pregnancy is not a reason for eliminating work duties, but knowing his rights - an employee has the right to demand certain concessions from the employer based on his condition.

The law on the rights of pregnant women at work provides for:

It is allowed to switch to part -time. At the same time, wages are in full.
If the work performed has adverse or hard working conditions, let's say the transition to easier work.
If the treatment or medical examination is needed during the labor schedule, this time is counted as a working one and, accordingly, must be paid.
A woman has the right in connection with her position, as well as after childbirth - to demand a vacation.
A pregnant employee can afford to abandon business trips and overtime working days and hours. It is also impossible to appoint an employee to perform duties on a night shift and on weekends.
The norms of labor performance for an employee can be reduced at her request.
A pregnant woman has the right to demand from the employer the fulfillment of working conditions and compliance with responsibility in relation to her position.

The employee also has the right to apply to the employer to provide her with benefits. To do this, she needs to submit an appropriate application addressed to the head.

Payments during pregnancy

According to the law, a small amount of payments, about 500 rubles - a woman can receive, starting from the early stages of pregnancy, if he is registered in a antenatal clinic earlier than 12 weeks. Subsequently, maternity payments are accrued for pregnant women - later than 30 weeks, at the time of departure before giving birth. The amount of accruals depends on the employee's salary. Payment occurs on the basis of the application from an employee and a medical certificate or sick leave.

Can a pregnant woman reduce or fire?

Article 64 of the Labor Code of the Russian Federation says that it is strictly forbidden to dismiss or reduce a pregnant woman, even if she is a violator of labor law: an irresponsible attitude towards duties, partial or complete failure of their failure, and missiles in a working schedule. The only punishment is permissible in this case is the replacement and deprivation of premium payments. Also, you can not interrupt the vacation period of the employee without her consent to this.

Pregnant can only be fired in a few cases:

If the employer and the employee have come to a mutual decision - to issue a dismissal procedure.
Liquidation of the organization and dissolution of the labor collective. But in this case, a pregnant woman can count on material compensation and output allowance.
If the previously occupied vacancy contains unacceptable norms and working conditions for a pregnant woman. The duties of the employer include the provision of an alternative to an employee, as well as other vacancies with more acceptable working conditions. If from the proposed options nothing is suitable for a woman - the employer has the right to dismiss an employee.

The dismissal of a pregnant woman is possible

The law of the Labor Code protects a pregnant woman from loss of work. Measures of prevention of violations by the employer regarding the rights of a pregnant employee are stipulated in Article 145 of the Criminal Code of the Russian Federation. This article, according to the legislation, says the following: the employer who violated the legal right of the pregnant woman to feasible work and fired a woman or refused employment due to pregnancy - is subject to punishment in the form of penalties or correctional labor.

What is needed to protect the rights of a pregnant woman?

In order for a pregnant woman to avoid discrimination by the employer, it is necessary to adhere to a certain strategy:

It is important that all appeals and requests of the employee have written evidence: statements, certificates, sick leave. All these documents must be scored and signed.
In case of violation of the rights of a pregnant woman at the workplace, a complaint to the corresponding authorities is filed: the labor inspectorate, the court or the prosecutor's office.
Also, to appeal to the regulatory authorities, the refusal of employment, it is necessary to have a written confirmation: a copy of the dismissal order, an employment contract, a work book.
According to the law, a woman is not obliged to report her pregnancy at the time of employment. However, in the future, she needs to be informed about her condition in order to obtain appropriate working conditions.

Following all of the above rules, a woman can count on the attitude of the employer to her. And in the event of violations, having all the necessary documents, a pregnant woman can not only save the workplace, but also force the leadership of the law, and achieve the fulfillment of legislative norms.

But it is worth considering, some employees prefer to manipulate their rights and often the authorities, not wanting a judicial conflict, agrees to such conditions. The pregnant woman should take into account that the relationship between her and the employer can become more complicated, and she risks losing their place of work as soon as her grace period ends. Therefore, it is necessary to observe the framework of the permitted one - not to evade the performance of working duties unnecessarily and retain the reputation of a qualified and responsible employee.