If the pregnant woman is settled. Is it possible to find a job?

If pregnancy occurs suddenly, and the expectant mother does not have a stable income, she is faced with a difficult question: is it possible to join a decent company while already “in a position”?

After all, it’s no secret that the employer, under any pretext, will try not to hire an employee, “thanks to” whom the organization will incur continuous losses (maternity leave, paid parental leave, etc.). Fortunately, in practice, the likelihood of official employment in good position“deeply pregnant” people also have a stable salary. The main thing is to know where to look for a suitable vacancy.

Pregnancy is not a disease, so you can work

When choosing a future field of activity, a woman in a “position” should focus not so much on her professional skills, but on her own physical condition.

Pregnancy itself is stressful for nervous system and for the body as a whole. Therefore, in order to preserve her own health and for the safety of her unborn child, the applicant should pay attention, first of all, to such areas of activity, work in which will not require too much moral and physical stress from her.

Thus, suitable specialties for pregnant women are:

1. work with children;
2. accounting;
3. retail;
4. “paper” work in archives, offices, libraries.

At the same time, the expectant mother should immediately refuse to consider any vacancies that involve heavy work. physical work, greater financial responsibility or constant “nervous” work with conflicting clients, even if before pregnancy she managed to receive appropriate education and specific practical skills. So, the following are definitely unsuitable for expectant mothers:

• various types of courier activities;
• work in the banking sector.

There is no point in hiding pregnancy

It should be understood, however, that a pregnant applicant is not in a position (literally or figuratively) to be too selective. Often, it makes sense for an expectant mother to look for vacancies in companies where employment does not require special efforts and skills, even if the intended field of activity does not meet her inclinations and career needs.

In the end, a pregnant woman will have to work only 30 weeks in a new place, after which she can go to work with a clear conscience. maternity leave and actively search for a more suitable vacancy.

Whatever field of activity the applicant ultimately chooses, she should start sending out her resume to recruiting agencies of various organizations in the following order:

1. government agencies;
2. reliable commercial organizations;

The first two options are considered relatively safe. As a rule, when employed by state and commercial companies, employees receive not only a full social security package, but also a guarantee that after maternity leave they will be able to return to a specially “retained” salary for such an occasion. workplace.

An individual entrepreneur cannot offer such benefits. Moreover, having learned about the pregnancy of an employee, an unreliable private employer can easily fire her “retroactively”, while retaining part of the work already worked by the expectant mother. In a word, employment in an individual entrepreneur is always a risk, and the applicant should agree to it only if she has no other options and is not expected to do so before the end of her maternity leave.

In case if independent search work has reached a dead end, a pregnant woman can always completely legally contact the employment center, where she will be selected for several suitable vacancies. If none are found, expectant mother will register her as unemployed and will pay her the appropriate benefits.

The amount of such payments in different regions The Russian Federation may be very different, but, one way or another, their accruals will stop immediately after the woman finally gives birth. A young mother will be able to re-register with the employment center only after she has fully recovered from bearing a child.

How to behave at an interview?

Pregnancy cannot be a reason for dismissal

Of course, all pregnant applicants are concerned about the question: is it worth talking about their situation directly at the interview? Is it legal to hide the fact of your future motherhood from your employer?

Wouldn't announcing your pregnancy lead to a natural refusal of employment or, on the contrary, would it make sense to advertise your position in order to legally avoid a probationary period in a new place?

According to the law, an employer does not have the right to refuse a job applicant only on the grounds that she is expecting a child. If this does happen, a woman always has the right to defend her legal right to a workplace by turning to the relevant organizations for help.

From a legal point of view, after such a complaint, the employer is simply obliged to register the applicant with the name of her choice.

However, in practice, an employer can always find an “official” reason why a prospective employee cannot take the vacancy she likes, and refuse to employ a pregnant woman on completely legal grounds. That is why frank conversations about impending motherhood is far from the best strategy for successfully passing an interview.

Of course, you should not deceive your prospective employer. Of course, it is impossible to dismiss a pregnant employee who has managed to officially find a job without hindrance, since she is protected by the law. However, finding a way to force the expectant mother to write a statement “by at will"Not so difficult.

What behavior strategy will be the safest and most beneficial for the applicant?

The primary task of the active search The job of the expectant mother is to go through as many interviews as possible while still in the early stages of pregnancy. As a rule, if the applicant’s situation is not revealed by such obvious symptoms as toxicosis or a protruding belly, it rarely occurs to the employer to directly ask her about planning children and the future.

In a word, the likelihood that a pregnant woman will be able to “skip” the interview by simply keeping silent about her condition is quite high. When can you fearlessly declare your intention? Unfortunately, practice shows that an employee who has recently joined an enterprise should not raise such topics herself, either in a conversation with her superiors or in a conversation with colleagues.

The risk is too great that they will try to fire her in advance. On the other hand, if a new employee manages to establish herself in a new place even before her pregnancy becomes obvious, the moment she begins to be asked relevant questions, they can be answered honestly.

In general, employers prefer not to have anything to do with expectant mothers for two reasons. Firstly, pregnant women often do not return to their previous positions after maternity leave, which means they have to look for new employees to take their place. And, secondly, in the process of bearing a child, many employees openly neglect theirs, spending more time in clinics than in the organization’s office.

If in a short period of time labor activity At the enterprise, the employee will be able to not only prove that all of the above does not apply to her, but also demonstrate her high professionalism and responsibility, then she should not have any problems with going on maternity leave. After all, no adequate employer will put a spoke in the wheels of a truly good, if not irreplaceable, employee.

In most companies today, it is possible, for an additional fee, to perform your direct duties remotely, as they say, without interrupting your parental leave.

What payments from the organization are entitled to pregnant women?

IN Labor Code the rights of pregnant women are clearly stated

It is known that with the birth of a child, the daily expenses of a young family increase sharply. Baby food, diapers, medicines and clothes - all this requires a regular injection of certain amounts of money; often – considerable ones.

Fortunately, with official employment, part of the costs of providing for the newborn and his mother is borne by the latter's employer. So, it is from the employer’s accounts that the amounts going to the following social payments:

• . This payment begins to be accrued by the enterprise’s accounting department 10 days after the expectant mother presents a certificate of incapacity for work, which, in turn, can be obtained at the reception antenatal clinic. The benefit is a one-time benefit, and you can receive it both during pregnancy and six months after giving birth (but no later than this period). Maximum size The described payment for citizens of the Russian Federation is 38 thousand 583 rubles.
• . A payment of 400 rubles is issued by the enterprise’s accounting department after the expectant mother presents a certificate of her status. The mentioned document can be obtained at the antenatal clinic by registering for pregnancy on early(up to 12 weeks).
• Monthly. This payment is accrued periodically and usually amounts to no more than 40% of the salary received by the employee in recent months before going on maternity leave.

Is it possible to fire a pregnant employee? This video will tell you:

As you know, employers try not to hire pregnant women, since they need to pay for maternity leave, which lasts three years. And this is not profitable for any organization. And pregnant women themselves, in turn, want to get a reliable and stable job so that they have something to live on during maternity leave.

But in fact, it is still possible to get a job while pregnant, but you will have to try. Every person wants to find high paying job And pregnant women are no exception; in addition, for many it is a necessity.

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How to search

If you find out that in nine months you will have a child, and you do not have official employment, then this is not a reason to worry. Of course, getting a job while pregnant is difficult, but it is possible. Firstly, it is not always possible to talk about your position, and in the first months the stomach is not even noticeable. And then, according to the law, the employer does not have the right to fire a pregnant woman.

Certain difficulties may arise with the device, which will be listed below:

• If you really good employee, then you don’t need to tell your employer that you are in a position. There is no need to perceive your words as deception, you simply do not finish speaking. And if it is not clear from you that you are pregnant, the employer will not have the desire to ask you a question about pregnancy.
• If you managed to get a job in an organization, then you should not talk about your pregnancy in the first days. On the contrary, you need to show the employer what a responsible and good employee you are and your desire for work. And then after a couple of months you can gently tell the director about your situation. If you are a truly valuable employee, then management will treat your position with condescension and will be happy for you.
• If you are denied employment, and this was not explained in any way, then you can contact services that will either force the employer to indicate the reason for the refusal, or will require you to be hired. According to the law, an employer has no right to refuse employment due to pregnancy. Otherwise, he must indicate in writing the reasons for his refusal. But although it is worth noting that the employer will always find a “good” reason why he does not want to hire you for a particular position.
• You cannot be admitted to probation, since according to the law, pregnant women and mothers whose children are not more than one and a half years old must be accommodated without a probationary period.
• There is no need to worry about the vacation, as pregnant women are in preferential category and they will have their vacation when it’s supposed to.

But in order to avoid problems with the employer, you don’t need to hide your situation until the last minute; if you are asked if you are pregnant, you should admit that you are. But you need to prove to the employer that you are a good employee who can develop the organization.

Don’t forget about remote part-time work, for example, now before maternity leave you can work full time in the office, and after the birth of a child, your vacancy may become home-based, and in addition to maternity leave, you will also receive wages.

Where to look

The ideal option for employing a pregnant woman is a commercial or government structure, where a full social package is offered to employees. If you get a job with a private employer, you definitely won’t get any money and after the end of your vacation you are unlikely to be hired back.

Even if the proposed position does not suit you very much, you can work thirty weeks and go on maternity leave, receive monthly benefits, and after leaving maternity leave, find the job that you prefer.

But you shouldn’t chase money during pregnancy; you need to remember about your condition. Therefore, you need to choose a job that cannot harm either the pregnant woman or her child.

Therefore, a calm and non-stressful profession would be a good option. Good specialties for a pregnant woman include the following:

• Librarian.
• Accountant, only in small organizations.
• Work in kindergarten.
• Work in the archives or in the office.
• A salesperson in a small store.

The most unsuitable industries for a pregnant woman are the following:

• Banking sector.
• Post office employee.
• Work in the police.

Such industries are not suitable for pregnant women, since they are suitable for people who have endurance and balance, because working with people is not always easy and you come across clients with different characters.

Official employment

It is very important for a pregnant woman to find a good job that will generate income, not only when she is working, but also when she is on maternity leave. And no less important for a pregnant woman is to find official work, thanks to which she will receive monthly benefits.

After all, after the birth of a child, new material costs will appear; you need to buy food, diapers, clothes and medicine if he suddenly gets sick. And therefore future mommy must be sure that the organization in which she worked before pregnancy will provide for her and her baby. This is especially important for single mothers who have no one to rely on except themselves.

That is why many pregnant women, before the birth of a child, look for or change organizations in order to receive an official salary and count on the payment of benefits.

The main payments and benefits paid by the employer include the following:

• Maternity benefit. The benefit is issued on the basis of a certificate of incapacity for work, which can be obtained in consultation at later pregnancy. This sheet must be brought to the accounting department, where you must be paid no later than ten days. Get lump sum allowance possible during pregnancy and after childbirth. But it is worth noting that benefits can be received no later than six months after the end of maternity leave. The amount of this benefit is calculated from average earnings. But the legislation provides for two nuances:
  • The benefit cannot exceed 38,583 rubles.
  • The benefit is not paid to women who are not officially employed.
• Federal benefits for pregnant women. If you registered with the consultation earlier than twelve weeks, then you are entitled to payments from the company, although they are small, only four hundred rubles. To do this, you need to provide a certificate from the consultation to the accounting department.
• Monthly benefit for up to three years. The benefit is paid to all women, usually no more than forty percent of average earnings for Last year employment.

A pregnant woman may also be entitled to receive benefits:

• Providing free food to kid.
• Providing medications to both the pregnant woman and the newborn baby.
• Vouchers to a sanatorium if you have health problems.

Also, the amount of the benefit may depend on the region of the woman giving birth. Amounts may vary significantly in different regions.

Hiring situations

When applying for a job, a pregnant woman may experience different situations and not always favorable for the woman in the position. In order to avoid scandals, accusations and reproaches about your position, it is better not to hide it.

As practice shows, those women who managed to hide the fact of pregnancy later found it difficult in the team and did not return to the organization after maternity leave. Any self-respecting leader will not remain silent about his dissatisfaction and will complain about the fact that he was deceived. And such ridiculous excuses like, I didn’t know I was pregnant, definitely won’t fly.

Is it possible to find a job?

Although finding a job while pregnant is not so easy, it is still possible to find one. Employers do not want to hire pregnant women for available vacancies for the following reasons:

• After giving birth, they will have to look for a replacement.
• A pregnant woman will often ask for time off and go on sick leave.
• A woman who gives birth will have to pay monthly benefits.

It will be easier to find temporary work - but you should not expect any benefits or payments from the company. But in this way you will definitely not deceive anyone and you will work out your thirty weeks and calmly go on maternity leave. As for payments, you can get help from the state, although the amount will be several times less.

If you want to find a worthy organization and specialty, then you don’t need to delay searching for a suitable vacancy; the sooner you start searching, the sooner you will find a job for yourself. You also need to decide for yourself whether to deceive the employer or not: how will you then explain your pregnancy to him when it is already visible.

Employment Center

If you couldn't find good option, then you can contact the employment center, where they will select appropriate vacancies for you. If there are no vacancies for you, then you will be registered as unemployed and monthly benefits will be calculated.

The amount of benefits varies in different regions, and mainly depends on the cost of living. But you will receive benefits only until the birth. You will not receive anything from the employment center during maternity leave. And when you bring a certificate of incapacity for work to the exchange, payments will stop altogether. Payments will resume only when you are ready to go to work.

It is possible to find a job while in this situation, but you will have to spend a lot of time and effort on this. If you want to tell the whole truth to the employer, then you need to prove yourself as good specialist, different from all candidates for this position.

Finding employment for many citizens of the Russian Federation is not an easy process. Finding a suitable vacancy that would suit the applicant and the level of payment, and corresponds to his interests is quite problematic.

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In addition, employers themselves present high requirements to the candidates. Typically, they prefer to hire employees who not only have a sufficient level of knowledge, but also have work experience in a certain field.

However, they are in general procedure fulfill their job responsibilities. Employers are reluctant to hire pregnant employees.

This is because, after a few months, they will have to look for a replacement. But the employer cannot refuse a job on this basis.

Otherwise, it will be qualified as discrimination with the ensuing consequences. However, not all enterprises approach this issue so strictly.

Many companies are ready to work with pregnant employees who have the necessary qualifications.

General aspects

Applying for a job requires registration employment contract. After this, labor relations arise between the employee and the employer ().

An interview is currently taking place before the agreement is signed. It is during communication that the employer and potential employee get to know each other.

Such communication allows the manager to determine whether the employee is suitable for him. The candidate himself gets the opportunity to learn about the future employer and also decide on his desire to work for him.

In general, the legislator does not regulate the process of preparation for signing. The parties independently make this decision.

The only important reservation made by the legislator concerns the inadmissibility of discrimination ().

In accordance with this principle, restriction of rights cannot be associated with any circumstances that do not relate to the worker’s business qualities.

What you need to know

Employment of a pregnant woman is carried out in accordance with the general procedure. But an important preference applies to her - such an employee cannot be established.

This rule enshrined in . Upon employment, the employee and employer sign an employment contract.

It is drawn up in two copies - one for each party. The contract specifies the essential terms:

• place of implementation of the labor function;
• labor functions;
• work start date;
• remuneration condition;
• duration of the employment contract (if limited).

The employer is obliged to make a record of hiring in the worker’s work book.

For what positions?

The most suitable employer for a pregnant woman would be a government agency or a large commercial organization.

They, as a rule, offer a full benefits package and let their employees go on maternity leave without any problems. Also, in such a situation, employees are guaranteed to receive all payments.

As for the position itself, preference should be given to quiet work that does not require nerves and increased physical activity.

For example, in the civil service, a worker can go to the office, archive, library, etc. You can also find similar vacancies in commercial structures.

Job seekers are concerned with the question: “When should I tell my manager about pregnancy?” Someone admits that they are expecting the birth of a baby during the interview.

Most candidates prefer to hide their position until the signing of an employment contract. Of course, the fact of pregnancy can affect the choice of employer.

However, hiding this information will also not result in anything good for the employee. Such deception may be perceived negatively by the employer.

Legal grounds

The employment procedure is regulated by the Labor Code of the Russian Federation. This codified act defines the process of concluding an employment agreement.

The issues of formalizing labor relations are formulated in more detail in.

This by-law defines the concept of discrimination and also talks about the reasons why a candidate may be refused to sign an employment agreement.

Guarantees when applying for a job are provided for pregnant women. Thus, in accordance with this, the employer cannot refuse to formalize an employment relationship on this basis.

The legislator recognizes the refusal as justified in one case, when they do not correspond to the business qualities of the applicant. This concept disclosed in Resolution No. 2.

Business qualities mean the ability to perform certain job functions. This takes into account specialization, qualifications, health status, etc.

Official placement of a pregnant woman under the Labor Code of the Russian Federation

The official arrangement involves the signing of an employment agreement. In such a situation, all provisions of the Labor Code of the Russian Federation will apply to the employee.

Thus, she will be able to exercise the right to go on maternity leave and receive.

The employer is also obliged to provide her with annual leave, even before the expiration of 6 month period from the moment of employment.

A pregnant employee cannot be fired or laid off (exceptions are provided by law). She also has additional set rights, which, however, do not exclude its responsibilities.

She will be able to receive all these preferences only by signing an employment contract.

If the employer offers her to formalize, then other rules will apply to their relationship.

Sample order

When hiring a new employee, the manager must issue an order ().

It is drawn up on the basis of an employment agreement signed between the parties. The employee must be familiar with the order against signature.

This document serves as the basis for taking other actions, including making an entry in work book, opening an account, etc.

Currently not in effect at the legislative level unified form order. Each employer has the right to develop its own form.

It should contain the following information:

• description of the administrative action;
• Full name of the employee, as well as position;
• the name of the structural unit where he was accepted;
• salary amount;
• information about the probationary period;
• details of the employment contract.

The order is signed by the head of the enterprise. The employee must be familiarized with it against signature.

Drawing up an application

An employment contract is drawn up on the basis of an employee’s application for employment. In fact, there is no obligation to draw it up.

Essentially, the relationship is born out of an employment contract. The fact of hiring is fixed in.

Accordingly, the application is an extra document. Nevertheless, its design has become firmly established in practice.

When applying for a job, the applicant is asked to write to free form or according to the model that operates in the enterprise.

A single form has not been approved at the state level. If you were not provided with a sample, please provide the following information in your application:

• name of the employing organization;
• position and structural unit;
• date of hire;
• special conditions and the nature of the work (e.g., part-time).

The application should be written to the head of the enterprise. It must be signed by the employee. He should also indicate the date of registration.

Possible reasons for refusal

We have already talked about refusals. Unfortunately, few employers are willing to hire pregnant women.

The prospect of finding a new employee months later is daunting for these managers. This is why applicants do not always answer questions about pregnancy honestly.

Such concealment is fraught with adverse consequences and deterioration of the relationship between the employee and her employer.

We have examined the provision prohibiting discrimination; how then can a manager refuse pregnant candidates?

There is only one basis that gives the right to reasonably give a negative verdict to an applicant - his business qualities, namely their inconsistency with the vacant position.

For example, the candidate has insufficient qualifications or is unable to perform duties due to health reasons.

Video: what benefits do pregnant women get at work?

If you were denied a job, then you have the right to demand a written explanation indicating the reasons that led to such a verdict.

In the case where the employer directly writes that this decision is related to the employee’s pregnancy, this is the basis for.

FAQ

Employment of pregnant women generates various questions. Let's look at some of them.

What situations may occur during admission?

Let's consider the most common situations that arise when employing pregnant employees:

An employer asks about an employee's pregnancy	During the interview, company representatives may ask whether the woman plans to go on maternity leave and whether she is currently expecting a child. An honest answer will undoubtedly affect the chances of concluding an employment contract. Most likely, the employer, under the pretext of inappropriate business qualities, will refuse such a candidate. If a woman decides to hide the truth about her pregnancy, she should prepare for a conversation with her manager after signing the agreement.
An employee needs to tell her employer about her pregnancy.	When such information was hidden at the time of employment, there is a need for an additional conversation with management. To avoid negative reactions, you need to prove yourself as a good worker from the first days
The employee is given a probationary period	We have already said that these actions do not comply with the Labor Code of the Russian Federation

Existing nuances when going on maternity leave

– rest time before and after pregnancy. It has a certain duration in accordance with the Labor Code of the Russian Federation.

The duration of the vacation will be determined by several factors (). For these days of rest, the woman receives payment, which is calculated from her average earnings.

A pregnant employee has the right to receive annual paid leave before 6 months have passed from the date of her employment (). This is permissible either before going on maternity leave or immediately after it.

It's no secret that many women, planning to have children, are looking for appropriate place work, with a “white” salary and compliance with Labor Code. However, these plans are not disclosed during the interview. We'll tell you what an employer should do if the company hires a pregnant woman.

Of course, if a woman who has just been hired announces that she is expecting a child, the manager is filled with understandable indignation. And this is understandable! Just recently, an applicant for a vacant position told how she dreams of working for the benefit of the company, and suddenly it turns out that she is only going to do this for a few months, and then - childbirth, diapers, sleepless nights... And for the employer - interviews for replacement again vacated space.

The boss’s first instinct will be to fire the liar, however, no matter how ugly the situation may look on the part of the new employee, the law is on her side. Article No. 261 of the Labor Code “Guarantees for pregnant women and women with children upon termination of an employment contract” states that dismissal of pregnant employees at the initiative of the employer is not allowed. At the same time, in relation to expectant mothers, none of the grounds mentioned in Article 81 of the Labor Code of the Russian Federation, including violation of labor discipline, are applicable. Therefore, there is no point in catching an employee making mistakes and being late; her mistakes cannot form the basis of a dismissal order. Moreover, absences work time and the transition to part-time work in this case are of a notification nature: the expectant mother only needs to declare her right to these privileges, and they cannot refuse her.

You may ask, what about the obligation to notify the employer in certain period? Indeed, there is such a need. Typically, women inform their manager that they are expecting a child before the 30th week of pregnancy. It is at this time that expectant mothers receive a certificate of incapacity for work from the antenatal clinic, which they must present to the company to obtain maternity leave and benefits. However, with simple calculations, it turns out that up to 7.5 months the employee may not say anything about the upcoming event to her superiors and colleagues. But they themselves recognize everything by quite understandable signs. Therefore, an applicant who did not say at the interview about her “interesting” situation is formally right: the deadline within which she is obliged to inform the employer about her pregnancy has not yet arrived.

No reason to refuse

Many employers will be surprised, but even if an employee honestly admitted at an interview that she is pregnant, it is impossible not to hire her on the basis of this fact. The employer is obliged to clearly communicate, and upon request, give a written explanation (Article 64 of the Labor Code), why the candidate is not suitable for the company. The reason may be insufficient qualifications or the absence of certain business qualities, the presence of some medical contraindications, or the woman does not meet other requirements established to perform this work. Further, the applicant has the right to appeal the illegal refusal in court. Arbitrators can satisfy the demands of the expectant mother and oblige the employer to conclude an employment contract with her and compensate for moral damages.

An employer who has entered into an agreement with an expectant mother should be aware that a probationary period cannot be established for pregnant women when hiring. If such a condition is stipulated in the employment contract, it is considered invalid (Article 70 of the Labor Code).

Liquidation of the enterprise

Along with those who hired wives and girlfriends “through connections,” the Social Insurance Fund also has to justify itself in the absence of intent, and bosses who employed a pregnant employee without selfish motives.

Of course, there are exceptions to any rule: at the initiative of the employer, a contract with a pregnant woman can be terminated if the organization is closed (clause 1 of Article 81 of the Labor Code). That is, labor relations are terminated with absolutely all employees. In this case, the basis for dismissal can only be a decision to liquidate a legal entity without transferring rights and obligations by way of succession to other persons (Article 61 of the Civil Code of the Russian Federation). If an organization ceases its activities due to reorganization (merger, division, spin-off, accession, transformation), this reason cannot be used to dismiss a pregnant woman.

At the same time, special conditions must be met for the expectant mother. A woman must be notified of her upcoming dismissal personally and against signature at least two months before the dismissal (part two of Article 180 of the Labor Code). Along with the rest of the team, she must receive severance pay in the amount of a monthly salary; the pregnant woman also retains her standard salary for the period of employment, but not more than two months from the date of dismissal.

According to Part 4 of Article 81 of the Labor Code of the Russian Federation, pregnant women can be dismissed from representative offices, branches of legal entities or other separate structural units located in another area. In this case, the company itself may not close; the liquidation process will affect only part of the company. And if a pregnant woman works exactly where it was decided to close the unit, she can be fired in accordance with paragraph 1 of part one of Article 81 of the Labor Code of the Russian Federation.

Exactly according to the contract

It is possible to fire an expectant mother even if a fixed-term employment contract was concluded with her when its term expired. It is worth remembering that if the date of termination of the employment relationship falls during pregnancy, the employer is obliged to extend the employment contract until the employee gives birth (part two of Article 261 of the Labor Code). To do this, the employee must submit a written application and medical certificate, confirming pregnancy. At the same time, the head of the company has the right to periodically, but not more than once every three months, request this document, and the employee, in turn, is obliged to provide it. This provision is aimed at not depriving a woman of paid maternity leave.

It is also permissible to dismiss an employee during pregnancy due to the expiration of the employment contract, if it was concluded during the performance of the duties of the absent employee, and is impossible with written consent transfer the woman to another position available in the company. The employer must first offer the employee all available options.

Upon dismissal, an employee may require provision annual leave even if its duration completely or partially extends beyond the term of the contract.

False suspicions

Employment of expectant mothers is problematic situation not only for the employer, who has to look for an employee again, but also for the Social Insurance Fund. The Fund's specialists believe that in this way, relatives and acquaintances of the company's managers are employed in the company in order to receive benefits from the state. Therefore, along with those who hired wives and girlfriends “through connections,” bosses who hired a pregnant employee without selfish motives also have to justify themselves in the absence of intent.

In order for there to be no objections from the FSS, it is necessary to confirm that the woman got a job while pregnant, and the manager knew nothing about it. Many experts note that if the documents show that the woman worked for the company for at least six months, claims from the Social Insurance Fund can be avoided. If future mom formalized immediately before the birth, it becomes obvious that the employer was aware of the upcoming event.

Claims from the Social Insurance Fund may also be related to the fact that the employer increased the wages of a pregnant woman before she went on maternity leave. Cases of refusal to reimburse benefits in this regard occur quite often, and with the Fund in in this case The servants of Themis also agree. This is evidenced by arbitration practice: Resolution of the FAS of the North-Western District dated January 13, 2005 No. A26-4718/04-22, Resolution of the FAS of the North-Western District dated August 19, 2004 No. A21-12236/03-C1.

A loud scandal with the Social Insurance Fund could break out if it turns out that the expectant mother did not take a vacant position, but a position specially created for her. That is, before this the company did not need such a specialist. If it so happens that the new employee took exactly the newly created position, you can draw up a justification, attach the results of the employee’s work, thereby confirming the importance of such a specialist for the company.

Yulia Meshkova, CEO legal bureau "Virtus-Lex"