Easy work for a pregnant woman. Article 254 of the LC RF. Article 93 of the LC RF. Part time

Pregnancy is a beautiful time. But this is not only joy. For a woman, this period is not only responsible, but also very difficult. The organism is completely changing, constantly being transformed. Often, pregnancy seriously affects the efficiency of the girl. If she is employed, then this will be reflected in the quality of labor. Therefore, in Russia provides for easy work for a pregnant woman. This measure is prescribed in the Labor Code of the country. But easy work is not the only opportunity given to pregnant women in terms of conducting work activities. What rights does a woman have in such a crucial period? What regulates the Labor Code of the Russian Federation?

Articles of the law

For girls who have received the status of pregnant women, there are special rules and labor standards. They are set at the legislative level. Of course, this is a study of the Labor Code. But to what specific articles of legislation should I turn to understand all the characteristics of the work of pregnant employees?

There are only a few rules in terms of labor. This art. 93 of the LC RF, as well as Article 254 of this Code of the country. They indicate the basic rules and regulations that the employer must observe if he has a girl in position.

Production rates

To begin with, attention should be paid to the fact that pregnant women are people whose health is undermined. The efficiency of such an employee is likely to decrease. And overexertion is fraught with negative consequences for the fetus. In Russia, the established laws are designed to protect citizens. Especially, pregnant women.

Therefore, the first rule, which is provided in Art. 254 of the TC of the Russian Federation is that all employees who received the status in question should work with changing production rates. They should be reduced. To what extent? It all depends on the woman's health status. Often medical workers give the girls certificates with recommendations on this matter.

Adverse factors

This feature does not end there. The thing is that easy work for a pregnant woman is necessarily provided by the employer. If it is a vacancy that involves working in an unfavorable environment for a subordinate environment, you will have to worry about eliminating these factors. That is, when a woman in an interesting position is working, say, in harmful production, the employer must find a more suitable job for her.

That is, the employee is transferred to easy work. And not necessarily this process is accompanied by a decrease in the load - you can change the nature of the work. Quite a common practice in Russia.

And earnings

The two above points have one huge feature. And both pregnant women and employers should know about it. After the violation of the Labor Code of the Russian Federation is not permissible. A woman whose rights are violated may complain about the employer. To prevent this from happening, it is necessary to take into account all established norms for the assignment of easy work.

It's about earnings. Usually less work implies a lowering of wages. But not in the case of pregnant women. According to established rules, it is impossible to reduce the salary to such people. Easy labor for the pregnant woman takes place, but the average earnings should be preserved.

In fact, being in an interesting position, a woman will work less, but receive as much as she earned on average before. If the employer breaks the established rule, you can complain about it. Refer to Article 254 of the Labor Code. It is here, in the first paragraph, it is said about maintaining average earnings when transferring to mild labor of a pregnant woman.

If there is no work

The following features are known to the few. And not every employer will agree to adhere to the proposed norms. Previously mentioned article indicates that easy work of pregnant women is a mandatory measure. The employer has no right to refuse the girl in an interesting position in the provision of a vacancy and work, which exhaust unfavorable production factors. This is not all the important points that a pregnant woman has to translate into easy work. Payment for such work should not be reduced (only in some cases). But in this case, it will no longer be 254 article of the LC RF.

What if the company can not at the moment offer an employee easy work? What does the Labor Code say? For pregnant women in this case, suspension from work is provided. And it can be renewed only when there is elimination of negative production factors, and also transfer to easy work.

The key feature is that under similar circumstances, you can not cut the wages of a pregnant girl. That is, the employee does not work, but receives the same earnings as when performing job duties. Cash is allocated from the budget of the employer.

So, easy work for pregnant companies is desirable to find quickly. Otherwise, legally, the employee has the right not to perform official duties. And despite this, the salary to receive in full.

Clinical examination

Sometimes employed girls have to undergo medical examinations in medical institutions. This process is also included in the Labor Code. For pregnant women who undergo a clinical examination, it is envisaged that the average salary will be maintained in the position held.

In other words, in the course of dispensary, to dismiss a pregnant woman no one has the right to "cut back" wages, too. This feature must be taken into account without fail. True, it is only about mandatory medical examination. Not the most common phenomenon, but it takes place.

Already given birth

Here such easy work for pregnant women of the Labor Code of the Russian Federation provides. Also, Article 254 of this Code specifies some features of the work of those who arrived to perform their official duties before the child was born not 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-made mother, it will be necessary to transfer the employee to a different position, implying the implementation of easy work. At the same time, the average earnings for the job duties performed should be maintained. How much can a citizen work at a facilitated pace? Until the moment the child is 1.5 years old. After the employer takes the mother to a normal job, which does not involve any indulgence.

Only on request

What else does the employer and subordinates need to know? The thing is that the transfer of a pregnant woman to easy work is carried out only on the personal application of the girl. If this document has not been submitted to the management, it will be necessary to perform job duties on an equal basis with all the rest. If the employer decides on his own initiative to transfer a subordinate to easy work, then he has every right to "cut" her earnings. Or do not keep the average salary for the employee in times of absence in the workplace.

But all this works only when there is no application for easy labor. Otherwise, the norms established by the Labor Code will have to be observed. So, until the woman herself decided to reduce the workload, all of the above features will not be applied to it. The 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 position, the employer should generally give his subordinate a so-called maternity leave. Therefore, many are interested in the term of light labor.

The law does not prescribe this moment. In general, as soon as a woman has learned about pregnancy, she has the right to indulgence in the performance of official duties. The main thing is to give the conclusion of the doctor 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 work.

In practice, this phenomenon is rare. Usually, a statement on reducing the workload when performing job duties is written closer to maternity leave. Then, when the body experiences maximum stress. But even earlier a woman has the right to easy work. The only task is to get a medical report about pregnancy. Given that in Russia you can "think" about abortion before the 12th week of an interesting situation, it is recommended that after this time you write a statement for easy labor.

Part time

All that has been said before is the content of just 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 LC RF. What does it say?

This article is responsible for part-time work. It is indicated that women in the situation have the right to demand the establishment of part-time work or a change in the performance of official duties.

Again, the request is considered only after a written request to the employer. They can refuse, but it's better not to do it. After all, often the employees begin to ask not to reduce the working day, but to transfer to easy work.

How much will they pay?

True, part-time workers have their advantages for the employer. Average earnings will be maintained with easy labor. But if the employee asked for an incomplete shift, then she should also be paid a salary proportionally to the work done.

We consider either payment by volume or by time of work. Everything depends on the position. Thus, the earnings of a pregnant woman may be lower. For the employer this is a huge advantage. Therefore, in practice this type of work is offered by the bosses to the employees who are in an interesting position.

Influence on labor rights

How is part-time work on the citizens' labor rights reflected? According to the established laws, in any way. The transfer of a pregnant woman to easy labor, as well as a reduction in the working shift according to established norms, should not be reflected in the social package.

That is, leave and sick leave, as well as all other labor rights remain for the employee in full. If the employer tries to somehow infringe the subordinate, you can complain about it. This is a direct violation of the legislation established in Russia. You should not be afraid - you should be able to defend your rights. Especially when it comes to vulnerable and weak pregnant women.

As it turns out in reality

True, situations in real life are seriously different from the ideal. The Labor Code also specifies that it is impossible to dismiss an employee who is in the position at the initiative of the employer. And at night, it is forbidden to work with such frames.

But in fact it turns out that women before the decree in the overwhelming mass work in full, without transferring to easy work. And if the employer provides easy terms for performing job duties, then, most likely, this will affect earnings - it will become lower.

Unfair employers act in this way. In addition, sometimes women are simply forced to resign "on their own". Only bona fide companies observe all the norms established by law. Easy labor for a pregnant woman is the right of every woman in the position. And it is for the employees themselves who decide to implement this opportunity. Without a written application, it can be considered that the subordinate did not wish to receive easy labor or to appoint a reduced working day. This should be remembered by both the employer and the employees themselves.