Pregnancy and work: The law and the rights of the pregnant woman at work of
Human society, the state, the rights, the law are words which are a basis of life of any person. As soon as the woman learns about the pregnancy, the first emotions - pleasure, happiness, a smile, dreams of bright future together with the kid who in nine months will please you with the birth. Despite the joyful moments, to “a scene of events“ also organizational issues come at the same time. How to be with favourite work as in collective will treat such news, especially if work is performed together, and the final result and, respectively, earnings depends on it. When the maternity leave is necessary, and also interest all nuances, related. What it is right at the pregnant woman what power at the employer? Not to read tea leaves and to remain in ignorance, it is better to understand each question thoroughly. Only then you will be able not to worry and worry “and without cause“, and will be able always to remain self-assured, the rights and to enjoy joyful minutes of pregnancy!
the Lawful proof began with
pregnancies. The fact in the face of the administration
In spite of the fact that you feel pleasure from news of pregnancy, the same feelings are not allowed to have to your administration, and it is quite natural. In - the first, the employer does not want to release the skilled worker, in - the second, he estimates possible “costs“ and, in - the third if he is a man, especially it has in the head only a strict calculation, planning, schedules and others “real financial troubles“. Therefore, it is the best of all not to play “for time“ and in time to provide the corresponding proof certifying your situation at work. That is the reference issued by a maternity welfare unit, policlinic in which you got registered on pregnancy. The reference is an official document which has to be registered in a human resources department, and, respectively, registration number is assigned to it. As addition to the tranquility you can make the copy of the reference of a maternity welfare unit on which the hand of the personnel manager will put a list, date and number of the accepted document. Thanks to such actions you will secure yourself against possible statements from “the evil commanding bodies“:“ We knew nothing of her pregnancy“.
“To dismiss it is impossible to pardon“?
such order from the fairy tale “Twelve Months“ without punctuation marks (only instead of the word “dismiss“ was written “to execute“) signed by the illiterate whimsical princess, suggests the correct idea of importance of knowledge of laws. Only the accurate knowledge of laws will help the pregnant woman to remain confident in the rights and not to be dismissed without everyone on that the bases.
Labour code of the Russian Federation, Chapter 41. Features of regulation of work of women, persons with family duties. Article 261. says:“ Cancellation of the employment contract at the initiative of the employer with pregnant women is not allowed, except for cases of liquidation of the organization or the termination of activity by the individual entrepreneur“. And even in case of elimination of your workplace the working experience is not interrupted and appointed monetary compensation if to use labor exchange.
also. Let`s return to Article 261:“ In case of the expiration of the urgent employment contract during pregnancy of the woman the employer is obliged to prolong according to her statement the term of the employment contract before occurrence at it of the right for a maternity leave“. It means that even if signed the employment contract for a year with you, and its term expires while you still are a pregnant woman, the employer is obliged to extend the contract validity until the end of pregnancy. Such actions proved by the legislation, the pregnant woman “is insured“ from loss of work and has full authority to inform quietly of the kid and to give rise.
in favor of pregnant women wants to note importance of the Criminal code, especially Article 145 in which it is about punishment of the “careless“ employers who dared to dismiss or not to hire illegally the woman in “situation“. Punishment consists of the fines established by the Act of the Russian Federation, and even obligatory works. If all - you were illegally dismissed (we exclude alcoholism, theft and other negative acts), you with the relevant documents (the copy of the order for dismissal, the service record or a copy of the employment contract) go to court or write the application in Inspectorate for work. Be sure, your legitimate rights will restore! The main thing - do not hesitate and remember the classical statement “delay is similar to death“!
I Have the rights!
That the child in mother`s womb normally developed, and his life and health were not threatened by various “difficult circumstances“ from the outside, the pregnant woman has the rights, agrees Article 254 Labor Code of the Russian Federation. “Transfer to other work of the pregnant women and women having children aged till one and a half years“ and article 259 Labor Code of the Russian Federation “Guarantees to workers at the direction in official journeys, attraction to overtime work, work at night, output and non-working holidays“ and Article 255.“ Maternity leaves“ on:
- the transfer from more severe conditions of work to “oblegchenka“
- incomplete day of work with preservation of a full salary;
- an opportunity not to make business trips, not to leave to work in festive or the days off, in the second or third change (night time). Not to do overtime work;
- payment of the working hours spent for treatment and medical examination;
- maternity leave;
- a responsible attitude from the employer concerning the pregnant worker.
But sometimes “the unforeseen situation“ when the employer cannot find “suitable“ work for the pregnant woman arises. To leave the employee in “situation“ on a “harmful“ workplace - means to break the law, plus - to subject health of the woman and the child of danger who was not born yet. As orders the law that there were no violations, it is the best of all to exempt for the period of “search“ the pregnant woman from work. If and was a suitable workplace, to prolong its stay of the house before the end of pregnancy, of course, with payment of a salary.