The current labor legislation in Russia provides for a number of benefits for pregnant workers. But sometimes the period of waiting for the birth of a child for the expectant mother turns into an exhausting struggle for their own rights. The most common reason for disagreement with an employer is the work schedule. Not all women know what it should be, and what kind of benefits they can legally use.
Necessary
- - Labor Code of the Russian Federation;
- - labor agreement (contract);
- - a certificate from the antenatal clinic on the presence of pregnancy.
Instructions
Step 1
A pregnant woman cannot continue to work with the same workload as before. That is why, on the basis of Article 93 of the Labor Code of the Russian Federation, she has the right to demand the establishment of a part-time working day or part-time working week. A new work schedule for a pregnant woman is established on the basis of her application by concluding an additional agreement to the employment contract. It clearly prescribes the work and rest regime of the expectant mother, as well as other benefits due to her in connection with the special situation. Then a corresponding order is issued to change the mode of work of the pregnant woman. However, women should remember that part-time work is paid in proportion to the hours worked, so their income can be drastically reduced. In addition, part-time work cannot be less than 4 hours and part-time work less than 20 hours per week.
Step 2
The legislator has provided for a number of cases when the expectant mother cannot work even with her written consent. Article 259 of the Labor Code of the Russian Federation prohibits pregnant women from working at night. In addition, they may not work overtime outside of the length of the work period established for them, on weekends, on holidays. It is forbidden to send pregnant women on any business trip, even if it is dictated by a serious production need. If a woman's work assumes a traveling character, then after the onset of pregnancy, she can work in the same mode as long as this does not negatively affect her health.
Step 3
If the rights of a pregnant woman are violated, she can appeal against the illegal actions of the management of the enterprise by writing a corresponding statement to the State Labor Inspectorate. You can send a similar complaint to the prosecutor's office, or write a statement of claim to the court.
