Rights, guarantees (benefits) for pregnant women. Guarantees and benefits for pregnant employees A pregnant woman brought an application to transfer her to another

Modern women often do not inform their employers about their pregnancy because they are afraid that they will be fired. However, working conditions are not always favorable for the health of the expectant mother and child. It states that a woman is entitled to light work during pregnancy, the Labor Code. When can I request a transfer? Will it change? What to do if the employer cannot create the necessary conditions for easy work?

Labor Code of the Russian Federation: pregnancy, light work

Labor legislation does not contain a definition of the term “light labor”. However, it obliges all employers, if the employee has a certificate with a medical report, to reduce the production rate specifically for her or arrange a transfer to the appropriate position in order to eliminate the influence of harmful production factors. Light work means professional activity in which the worker spends less physical effort and is not exposed to harmful environmental influences.

The following categories of work are strictly prohibited for pregnant women:

• lifting various objects from the floor or above shoulder level,
• lifting weights,
• conveyor production,
• nervous-emotional tension,
• interaction with pathogens of various infections, diseases, harmful substances, IR and UV radiation, radiation, vibration,
• work under conditions of pressure changes.

The basis for transfer to more work is a medical report from the attending physician. Without it, the employer has no right to change working conditions.

Rights and obligations

So, women are entitled to light labor during pregnancy. The Labor Code establishes, in addition, the rights and obligations of the employer and the expectant mother.

The main responsibility of the employer is to timely transfer the employee to light work. If the management of the enterprise is not immediately able to provide the employee with adequate benefits and this will take some time, the woman will be temporarily released from work. However, the employer is obliged to pay her for all days she is absent from work.

A woman has the right to take annual paid leave. Work experience doesn't matter here. This leave can be provided both before and after maternity leave.

Another obligation is imposed on the employer by the Labor Code. Light labor during pregnancy requires compliance with sanitary requirements. An employer has no right to dismiss a pregnant woman on his own initiative. However, if the contract has expired, it can be extended at the employee’s request.

Conditions

Since the Labor Code regulates light work during pregnancy, its conditions must meet certain requirements of Russian legislation. In industrial production, assembly, packaging and sorting operations must be fully automated. The room in which a pregnant woman works should be sufficiently light, dry, and draft-free. Work, as mentioned above, should not be accompanied by psycho-emotional stress. It is also prohibited to constantly be in one position, sit, walk all the time, stand bent over, squat or kneel.

The expectant mother can lift loads weighing no more than 2.5 kg and no more than 2 times per hour. If, in production conditions, this needs to be done more often, the norm is reduced to 1.25 kg, and no more than 6 kg can be lifted per hour. The weight of cargo during the entire shift should not exceed 48 kg.

What other rules does the Labor Code establish? Light work during pregnancy implies a reduction in production standards by 40%. If a woman is employed in agriculture, she is completely exempt from this work. If the work is done in an office, a woman can work at a computer no more than 3 hours a day. There should be special supports under your feet, and on the chair there should be headrests, armrests, and a seat height adjuster.

Features of light labor

Here are the main features of light labor during pregnancy:

1. You can transfer to light work only if you provide a doctor's report.
2. A woman has the right to refuse to work at a computer.
3. The Labor Code does not establish a time frame for light work during pregnancy. How many hours can a pregnant employee work? If a woman wishes, she can be transferred to a shortened working week. Labor is paid in accordance with the time worked, which does not in any way affect the duration of vacations.
4. If the employer cannot provide adequate working conditions, the woman receives payment for the days she is absent.
5. Full leave is provided without regard to length of service.
6. The expectant mother may refuse to work at night, business trips, overtime, as well as work on weekends and holidays.

Transfer to light work during pregnancy: Labor Code

According to the first part, employers must reduce production standards for pregnant employees or transfer them to light work while maintaining the same earnings.

The transfer will require not only a medical report, but also the drawing up of an additional agreement to the contract with the employer.

Correct translation format

If we rely on the Labor Code, light work during pregnancy can only be done with the consent of the employer and employee. The document is drawn up in writing. The employer introduces the employee to the offer of transfer against her signature. Upon receipt of consent to transfer to another position, a separate application is written.

Transfer proposal

Signing a job offer leads to a change in not only the employee’s responsibilities and working conditions, but also the amount of her earnings. According to Article 254 of the Labor Code, its minimum amount should be equal to average earnings. Every month, while the employee is transferred to light work, the accounting department compares wages.

After signing the job offer, a corresponding order is issued. The employee must be familiarized with signature not only with it, but also with the job description and other regulatory documentation. An entry in the work book is not required if the transfer is temporary.

Income tax and insurance premiums

The following are deducted monthly from the salary of a pregnant employee:

• income tax,
• insurance premiums.

In this case, additional insurance premiums are charged on all payments.

Salary

The Labor Code establishes the amount of wages for light work during pregnancy. Payment for a pregnant employee is calculated based on Resolution 922 of the Government of the Russian Federation of December 24, 2007. Its size is established in accordance with the actual accrued wages and hours worked for the last 12 months that preceded the signing of the agreement. The basis is the average daily salary, which is calculated by dividing the entire amount paid by the number of days back to work. The average salary is determined by multiplying the daily rate by the number of days worked.

A medical report is issued at the antenatal clinic. You need to understand that there is no need to negotiate with the employer about changing working conditions, since this step is his direct responsibility. If the management of an organization claims that there is no easy work for an employee and offers to write a letter of resignation on her initiative, such actions are considered unlawful. In accordance with the Labor Code, if it is impossible to provide appropriate conditions, the employer is obliged to pay the employee for forced time off. In case of refusal to provide light labor and the mentioned payments, the rights of the worker can be defended in court.

Results

Finding an employer who would be delighted with the “interesting position” of his employees has always been difficult, especially if we are talking about a “private owner”. However, there is a Labor Code. According to this legal document, every expectant mother deserves easy labor during pregnancy. And although employers are not always eager and ready to provide comfortable working conditions, they are obliged to do this or must pay for the days of forced time off to the employee. The basis for transfer is the doctor's opinion.

Current for 2019

The current legislation regulates the work of pregnant women more strictly. They are provided not only with benefits and guarantees, but also with the right to work in conditions that suit their health status.

If there are harmful and dangerous working conditions, pregnant women from the moment of their first appearance at the antenatal clinic are issued a “Medical report on the transfer of the pregnant woman to another job” with the preservation of the average earnings for the previous job. The collective agreement in force in the organization may establish additional benefits for pregnant women.

Vacations. A pregnant woman has the right:

• Take annual paid leave in full (28 calendar days) for the first year of work before the expiration of 6 months of continuous work with this employer (Article 122 of the Labor Code of the Russian Federation) before maternity leave or immediately after it (as well as in the case of adopting a child under the age of 3 months).
• When establishing the priority for granting annual leave, a woman, at her request, is granted annual paid leave before or immediately after maternity leave, or at the end of child care leave, regardless of her length of service with a given employer (Article 260 of the Labor Code of the Russian Federation).
• If a woman has the right to additional paid leave, then it is added to the annual leave.
• At the request of the husband, at a time convenient for him, he is granted annual paid leave (at least 28 calendar days) while his wife is on maternity leave, regardless of the time of his continuous work in this organization (Article 123 of the Labor Code of the Russian Federation).
• If annual paid leave coincides with maternity leave, annual leave must be granted after the end of postpartum leave or postponed to another date at the request of the woman.

Medicine. A pregnant woman has the right:

• for free specialized medical care in institutions of the state or municipal health care system (i.e., in antenatal clinics) under the compulsory health insurance program.
• to maintain average earnings at the place of work while undergoing a mandatory medical examination in medical institutions (Article 254 of the Labor Code of the Russian Federation). If necessary, a free-form certificate from the antenatal clinic about visiting a doctor is provided to the administration of the organization. If the expectant mother has to wait in line for a long time to see the doctor, then the certificate can indicate the time of visiting the medical institution from the beginning of the appointment until the actual departure from the doctor’s office.
• for social tax deduction for medicines.

PREGNANT EMPLOYEE - EDGE OF THE LAW

Which guarantees for a pregnant woman does the law provide for labor organization? Special cases of employee whims - what should an employer do?

Pregnant employee: where is the line between her whims and the law?

The employee brought a pregnancy certificate to the company. First, she demanded that her working hours be reduced, then that she work with the computer to three hours a day, change her desk to a larger one, and provide better lighting. After these changes, she wanted to move to another office because there was less noise. To top it all off, she demanded that her employer transfer her to work from home. For failure to comply with all conditions, the pregnant employee threatens to go to court. Is the employer obliged to fulfill all its requirements? Where is the line between the whims of a pregnant employee and the employer’s mandatory labor protection requirements?

— Is an employer obliged to establish a part-time working day for a pregnant employee at her request? Yes, if such an employee has provided a medical report on the need to reduce her working hours.

— How many hours a day is a pregnant woman allowed to work with a computer? No more than three hours.

— Is an employer obliged to transfer a pregnant employee to work from home? The law does not provide for such an obligation for the company, however, an employee can switch to home work by agreement with the employer.

Related documents:

— SanPiN 2.2.0.555-96 “Hygienic requirements for working conditions for women. Sanitary rules and norms”, approved by Resolution of the State Committee for Sanitary and Epidemiological Supervision of Russia dated October 28, 1996 N 32;

— SanPiN 2.2.2/2.4.1340-03 “Hygienic requirements for personal electronic computers and organization of work”, approved by Resolution of the Chief State Sanitary Doctor of the Russian Federation dated June 3, 2003 N 118 “On the implementation of sanitary and epidemiological rules and SanPiN standards 2.2.2/2.4.1340-03";

— Methodological recommendations N 11-8/240-09 “Hygienic assessment of harmful production factors and production processes hazardous to human reproductive health”, approved by the Department of State Sanitary and Epidemiological Supervision of Russia on July 12, 2002.

What guarantees does the law provide for organizing the work of a pregnant woman?

State protection of motherhood and childhood in Russia is guaranteed by the Constitution (Article 38). In accordance with Art. 23 of the Fundamentals of the Legislation of the Russian Federation on the protection of the health of citizens (Approved on July 22, 1993 N 5487-1), the state provides pregnant women with the right to work in conditions that meet their state of health. The Labor Code of the Russian Federation (LC RF) provides a number of additional guarantees for pregnant women, which is associated with the need to reduce physical stress on a woman’s body during pregnancy.

Basic guarantees for pregnant workers under the Labor Code of the Russian Federation:

2. Limitation of the use of women in heavy work and work with harmful and (or) dangerous working conditions, as well as in underground work (Article 253).

3. Prohibition on the use of women’s labor in jobs involving lifting and manually moving heavy loads that exceed the maximum permissible standards for them (Article 253).

4. Reducing production standards for pregnant women in accordance with a medical report and at their request (Article 254).

5. A ban on sending pregnant women on business trips, as well as engaging them in overtime work, night work, weekends and non-working holidays, and shift work (Articles 259, 298).

6. Providing before or after maternity leave, at the request of a pregnant woman, annual paid leave, which must be provided at the request of the employee and before the expiration of six months of continuous work with the employer (Articles 122, 260).

8. Maintaining average earnings at the place of work while undergoing mandatory medical examinations in medical institutions (Article 254).

9. Prohibition on replacing annual basic paid leave and annual additional paid leave with monetary compensation (Article 126).

10. Prohibition on termination of an employment contract at the initiative of the employer, except in cases of liquidation of the organization or termination of activities by an individual entrepreneur (Article 261).

11. The employer’s obligation to extend a fixed-term employment contract at the request of a pregnant woman until the end of her pregnancy (Article 261).

Special cases of employee whims - what should an employer do?

Often in practice one has to deal with the employer’s reluctance to meet the woman halfway and respect her rights in connection with the expectation of a child. But there are situations when the employer is bombarded with demands from pregnant workers. Which of them is the employer required to comply with?

— Situation 1.

A pregnant employee demands that she be given a part-time working day (shift) or a part-time working week.

This requirement is subject to mandatory satisfaction by the employer in accordance with Art. 93 of the Labor Code. However, it should be remembered that the employee is obliged to provide the employer with a medical report on the need to reduce her working hours. In the absence of such a conclusion, the employer is not obliged to reduce a pregnant employee’s working day/shift/week.

The specific number of hours by which the working day will be reduced is established by agreement between the employer and the pregnant woman (Article 93 of the Labor Code of the Russian Federation).

— Situation 2.

A pregnant woman asks to be transferred to another job.

A pregnant woman, upon her application, can be transferred to another job that excludes the impact of unfavorable production factors, while maintaining the average earnings for her previous job (Part 1 of Article 254 of the Labor Code of the Russian Federation).

Thus, according to clause 13.2 of SanPiN 2.2.2/2.4.1340-03, from the time pregnancy is established, women are transferred to jobs that do not involve the use of electronic computers (in particular, a personal computer), or the time they work with them is limited ( no more than 3 hours per work shift).

An employer’s refusal to transfer a pregnant employee to an easier job can be challenged by her in court. The courts almost always side with a pregnant employee if the organization does not comply with the rules for her labor protection.

It should be remembered that the grounds for the transfer of a pregnant employee, which the employer can check, are (Article 73 of the Labor Code of the Russian Federation):

- a medical report issued to a pregnant woman by a doctor (Instructions for organizing the work of an antenatal clinic, approved by Order of the Ministry of Health of Russia of February 10, 2003 N 50) (obstetrician-gynecologist) if her work involves harmful and dangerous working conditions. The conclusion indicates the gestational age, the reasons for the transfer, and in the line “Recommended work” those works that are permissible are noted. Generally, this document provides general guidelines;

— a statement containing a request for transfer and a link to a medical report.

Only if the specified grounds exist, the employer is obliged to transfer the pregnant employee to an easier job.

Since the transfer of a pregnant woman is temporary, after she returns from maternity leave, the employer has the right to transfer her to her previous place of work (Article 73 of the Labor Code of the Russian Federation). We recommend that you notify your employee about this in writing when transferring.

Attention! A pregnant woman transferred to another job retains the average earnings from her previous job (Article 254 of the Labor Code of the Russian Federation).

If it is impossible to provide a pregnant employee with easier work or other work that excludes exposure to harmful factors, she must be released from work until maternity leave (always with the same average earnings) (Article 254 of the Labor Code of the Russian Federation).

Should a pregnant employee be transferred to work from home?

Must.

A. Belorukova, Deputy General Director of the Kvartirny Ryad newspaper (Moscow):

— The employer should transfer a pregnant employee to home work upon her request. The Labor Code does not establish guarantees for a pregnant woman to work from home. Chapter 49 of the Labor Code does not establish the employer’s obligation to transfer a pregnant employee to home work. However, by-laws establish such an obligation. In particular, Resolution of the Supreme Court of the RSFSR dated November 1, 1990 N 298/3-1 “On urgent measures to improve the situation of women, families, maternal and child health in rural areas” enshrines the right of a pregnant employee to work from home.

Is not obliged to.

A. Lipin, Advisor to the Department of Wages, Labor Safety and Social Partnership of the Ministry of Labor and Social Protection of the Russian Federation (Moscow):

— An employer should not be required to transfer a pregnant employee to home work upon her request. The Labor Code does not stipulate the employer’s obligation to transfer a pregnant employee to home work. Moreover, the Regulations on the working conditions of homeworkers, approved by the Resolution of the State Committee of Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated September 29, 1981 N 275/17-99, does not include pregnant women in the list of employees who, at their request, are given priority to work from home.

Expert opinion.

E. Simakova, expert of the magazine “Personnel Business”:

— The legislation does not establish the employer’s obligation to provide a pregnant employee with home work at her request. This form of work can be established by agreement of the parties, mandatory for the employer - for certain categories of female workers. For example, Resolution of the Supreme Court of the RSFSR dated November 1, 1990 N 298/3-1 “On urgent measures to improve the situation of women, families, maternal and child health in rural areas” speaks of home-based work of pregnant women in crop production and livestock farming. However, it should be taken into account that in accordance with Part 2 of Art. 254 of the Labor Code, in the absence of work that excludes exposure to unfavorable factors, the employer is obliged to release the pregnant woman from work while maintaining the average earnings for all working days missed as a result at the expense of the employer. Therefore, in this case, it is better for the employer to satisfy the request of the pregnant employee to transfer to home work.

— Situation 3.

A pregnant employee is scrupulous about compliance with hygienic requirements in the organization of her work, and does not demand that she be transferred to another job.

The hygienic requirements for organizing the workplace of a pregnant employee that are mandatory for the employer to comply with are specified in the Hygienic Recommendations for the Rational Employment of Pregnant Women.

In accordance with them, stationary workplaces and work performed in a free mode and in a position that allows a change in body position at her request are preferred for pregnant women. Constant work in a standing or sitting position is undesirable.

The noise intensity in the workplaces of pregnant women should not exceed 50 - 60 dBA. In accordance with Guideline R 2.2.2006-05 (R 2.2.2006-05 “Guide to the hygienic assessment of factors in the working environment and the labor process. Criteria and classification of working conditions”, approved by Rospotrebnadzor on July 29, 2005), the maximum permissible noise levels for workers places are established taking into account the severity and intensity of work activity. To determine the noise corresponding to a specific workplace, it is necessary to conduct a quantitative assessment of the severity and intensity of the work performed by the employee.

Natural and artificial lighting of pregnant women's workplaces must comply with the current optimal hygienic standards. Detailed lighting requirements for workplaces equipped with electronic computers are specified in Section. VI SanPiN 2.2.2/2.4.1340-03.

We draw your attention to the basic requirements for working premises and working conditions for pregnant women (SanPiN 2.2.0.555-96 and Hygienic recommendations for the rational employment of pregnant women), which are mandatory for compliance by the employer:

1. in windowless rooms, that is, without natural light, is not allowed.

2. Women, from the date of pregnancy and during breastfeeding, are not allowed to perform all types of work professionally related to the use of video display terminals and personal electronic computers.

3. For pregnant women, stationary workplaces should be equipped to allow them to perform labor operations in a free mode and in a position that allows them to change position at will. Constant work sitting, standing, moving (walking) is excluded.

4. A pregnant woman’s workplace is equipped with a special swivel chair that has a height-adjustable backrest, headrest, lumbar bolster, armrests and seat. The back of the chair is adjustable in angle of inclination depending on the duration of the worker’s pregnancy and her work and rest schedule.

5. The seat and back should be covered with semi-soft non-slip material, which can be easily sanitized (GOST 21.889-76).

6. A pregnant employee’s workplace should be provided with a footrest that can be adjusted in height and inclination and has a corrugated surface.

7. The working surface of a pregnant worker’s desk should have a cutout in the tabletop for the body, rounded corners and a matte finish.

8. At the same time, the work table and production equipment must have legroom: a height of at least 600 mm, a width of at least 500 - 600 mm, a depth of at least 450 mm at knee level and at least 650 mm at foot level.

To establish whether the employer is obligated to fulfill the requirements of a pregnant woman regarding the equipment of her workplace, it is necessary to assess the factors of the working environment, the severity and intensity of the labor process of this employee, in accordance with the specified rules.

Remember the main thing

Note the experts who took part in the preparation of the material.

T. Bukvich, head of the legal department of LLC ChOA “Shield and Sword” (Surgut):

— The request of a pregnant employee to establish a part-time working schedule in accordance with a medical report is subject to mandatory satisfaction. At the same time, part-time work does not entail restrictions on the duration of the annual basic paid leave, calculation of length of service and other labor rights (Article 93 of the Labor Code of the Russian Federation).

B. Chizhov, Deputy Head of the Office Management Department of the Rostrud Administration (Moscow):

— Before maternity leave or immediately after it, or at the end of maternity leave, a woman, at her request, is granted annual paid leave, regardless of her length of service with a given employer (Article 260 of the Labor Code of the Russian Federation). At the same time, a pregnant woman cannot be recalled from vacation (Article 125 of the Labor Code of the Russian Federation).

A. Abdrashitov, legal consultant of UzDaewoo Auto-Ufa LLC (Ufa):

— For pregnant women, production standards and service standards are reduced, or these women are transferred to another job that excludes exposure to adverse production factors. At the same time, the average earnings from the previous job are maintained (Article 254 of the Labor Code of the Russian Federation).

Source - “Occupational health and safety at industrial enterprises”, 2013, N 3

1. Reducing production standards, service standards, as well as transferring pregnant women to another job that excludes exposure to adverse production factors, are carried out by the employer upon their application in accordance with a medical report.

2. To assist employers in organizing the employment of pregnant women, the State Committee for Sanitary and Epidemiological Surveillance of Russia and the Ministry of Health of Russia on December 21 - 23, 1993 approved Hygienic Recommendations for the rational employment of pregnant women (Separate publication. M., 1993). These recommendations stipulate that pregnant women are set - in accordance with a medical opinion - production standards with an average reduction of 40% from the constant norm.

A reduction in production standards, service standards, or the transfer of pregnant women to another job that excludes the impact of unfavorable production factors is carried out while maintaining the average earnings for the previous job (Part 1 of Article 254 of the Labor Code of the Russian Federation).

Before a pregnant woman is provided with another job that excludes exposure to unfavorable production factors, she is subject to release from work with preservation of average earnings for all working days missed as a result at the expense of the employer (Part 2 of the commentary article).

The characteristics of the work from which they should be exempt, the criteria for the optimal workload for pregnant women and the requirements for technological operations, equipment, and workplaces where the labor of pregnant women will be used are also indicated in the Hygienic Requirements for Working Conditions for Women (Sanitary Rules and Standards "Hygienic requirements for working conditions for women" SanPiN 2.2.0.555-96, approved by Resolution of the State Committee for Sanitary and Epidemiological Supervision of Russia dated October 28, 1996 No. 32). In particular, these requirements stipulate that pregnant women should not perform operations related to lifting objects of labor above the level of the shoulder girdle, lifting objects from the floor, with a predominance of static tension of the leg and abdominal muscles, forced working posture (squatting, kneeling) , bent over, with a torso tilt of more than 15 degrees, etc.). For pregnant women, operations on a conveyor belt with a forced rhythm of work, accompanied by nervous and emotional stress, should be excluded.

Pregnant women should not work under conditions of exposure to infrared radiation, vibration, ultrasound, ionizing radiation, sudden changes in barometric pressure, exposure to industrial aerosols, potentially hazardous chemicals, without natural light, etc.

The Hygienic Requirements also indicate that the weight of the load when lifting and moving heavy objects when alternating with other work (up to 2 times per hour) should not exceed 2.5 kg, when lifting and moving heavy objects constantly during a work shift - 1.25 kg. The total mass of loads moved during each hour of a work shift at a distance of up to 5 m should not exceed 60 kg from the working surface. The working position should be free. Walking per shift - up to 2 km. The pace of movements is free, etc.

Women employed in jobs professionally associated with the use of personal electronic computers, from the time pregnancy is established, should be transferred to work not associated with the use of a PC, or their time working with a PC should be limited (no more than 3 hours per work shift) , subject to compliance with the relevant hygienic requirements (Section XIII of the Hygienic Requirements for Personal Electronic Computers and Organization of Work. SanPin 2.2.2/2.4.1340-03, approved by Resolution of the Chief State Sanitary Doctor of the Russian Federation dated June 3, 2003 N 118 ( RG. 2003. June 21).

To ensure the timely transfer of pregnant women to another, easier job that excludes exposure to adverse production factors, employers, in agreement with the relevant elected trade union body, sanitary inspection bodies and with the participation of women's public organizations, are recommended to establish - in accordance with medical requirements - workplaces and determine types of work to which pregnant women can be transferred or which can be performed by them at home, as well as create special workshops (sites) for the use of their labor or create production and workshops on a shared basis for these purposes (clause 1 of article 11 of the Resolution of the Supreme Council USSR dated April 10, 1990 N 1420-1 “On urgent measures to improve the situation of women, protect motherhood and childhood, strengthen the family” // USSR Air Force 1990. N 16. Art.

The need to create specialized areas for the rational employment of pregnant women and the spread of home-based work for pregnant women in agricultural organizations is provided for in clause 2.2 of the Resolution of the Supreme Council of the RSFSR of November 1, 1990 “On urgent measures to improve the situation of women, families, protection of motherhood and childhood in rural areas” (VVS RSFSR. 1990. N 24. Art. 287).

3. Previous work by women who have children under the age of 1.5 years cannot be performed in cases where it (due to the influence of unfavorable factors on the mother) is incompatible with feeding and caring for the child, which, if necessary, is confirmed by a medical report, or associated with travel, does not allow absences during working hours, etc. Therefore, upon their application, they are transferred to another job with wages for the work performed, but not lower than the average earnings for the previous job until the child reaches the age of 1.5 years (Part 4 of Article 254 of the Labor Code of the Russian Federation).

4. The refusal of the administration to ease the working conditions of the work performed or to transfer to a job that excludes exposure to harmful production factors, and to transfer a woman with children under the age of 1.5 years to another job if it is impossible to perform the previous one can challenge in court. If the court finds the stated demands justified, it may decide to transfer the applicant to another job.

Labor disputes on other issues of ensuring favorable working conditions for pregnant women and mothers with young children are considered in a similar manner.

5. For the procedure for calculating average earnings, see Art. 139 and comment. To her.

6. When pregnant women and women with children under 1.5 years of age are transferred to another job, they retain some of the benefits that they enjoyed before the transfer:

• If a pregnant woman receiving therapeutic and preventive nutrition, according to the conclusion of a clinical expert commission, is transferred to another job in order to eliminate contact with products harmful to health before maternity leave, then therapeutic and preventive nutrition is given to her before and during the period maternity leave. When women with children under the age of 1.5 years are transferred to another job for the specified reasons, therapeutic and preventive nutrition is provided to them until the child reaches the age of 1.5 years (see commentary to Article 222);
• when a pregnant woman is transferred at her request in accordance with a medical report from a job that gives the right to early assignment of an old-age labor pension to a job that excludes the impact of unfavorable production factors, she is equated to the work preceding the transfer.

The same procedure is used to calculate periods when a pregnant woman did not work until the issue of her employment was resolved in accordance with a medical report (clause 12 of the Rules for calculating periods of work giving the right to early assignment of an old-age pension in accordance with Article 27 and Art. 28 of the Federal Law “On Labor Pensions in the Russian Federation”, approved by Decree of the Government of the Russian Federation of July 11, 2002 N 516 // Law of the Russian Federation 2002. N 2872).

Collective agreements and industry agreements may establish additional benefits for these women.

7. When applying Article 254 of the Labor Code of the Russian Federation, it should be taken into account that pregnant women who are registered in medical institutions undergo a mandatory dispensary examination there (medical examinations, x-rays, laboratory and other special medical tests). The frequency of dispensary examinations is determined by the medical institution depending on the health status of the pregnant woman, the nature of the complications identified in her, the characteristics of working conditions and other significant factors. Examinations may occur during working hours. Therefore, at the request of a pregnant woman or the organization in which she works, the woman’s mandatory medical examination is confirmed by a certificate from the relevant medical institution.

Pregnant women undergoing mandatory dispensary examination in medical institutions are retained the average earnings at their place of work, calculated in the prescribed manner (see Article 139 and commentary thereto).

ST 254 Labor Code of the Russian Federation.

Pregnant women in accordance with a medical report and at their request
production standards, service standards are reduced, or these women are transferred to another
work that excludes the impact of adverse production factors, while maintaining
average earnings at previous job.

Before providing a pregnant woman with other work that excludes exposure
unfavorable production factors, she is subject to exemption from work with
maintaining the average earnings for all working days missed as a result at the expense of funds
employer.

When undergoing a mandatory medical examination in medical organizations
Pregnant women retain the average salary at their place of work.
Women with children under the age of one and a half years, if it is impossible to fulfill
previous jobs are transferred at their request to another job with wages based on the work performed
work, but not lower than the average earnings from the previous job until the child reaches the age of one and a half years.

Commentary to Art. 254 Labor Code of the Russian Federation

1. In order to ensure pregnant women the right to work in conditions that meet their physiological characteristics and health status, legislation has established a number of measures aimed at creating conditions for hygienically rational employment of pregnant workers, i.e. the optimal amount of workload (physical, neuro-emotional) and optimal working environment conditions, which in practically healthy women should not cause abnormalities in the body during pregnancy and should not have a negative impact on the course of childbirth, the postpartum period, lactation, or on the condition of the intrauterine fetus, on the physical and mental development and morbidity of newborn children.

2. The commented article establishes the following ways to facilitate working conditions for pregnant women:

a) reduction in production standards and service standards;

b) transfer to another job that eliminates the impact of unfavorable factors of production;

c) maintaining average earnings while reducing production standards and service standards when transferring to another job;

d) release from work with preservation of average earnings until the issue of providing another job is resolved;

e) maintaining average earnings while undergoing mandatory dispensary services in medical organizations.

For women with children under the age of one and a half years, the following are provided:

a) transfer to another job, if the performance of the previous job is prohibited in order to protect the health of the woman and child;

b) transfer to another job if performing the previous job is impossible for other reasons;

c) payment not lower than the average salary for the previous job at the time of transfer.

When implementing these measures, one should take into account clause 4 of the Sanitary Rules and Norms SanPiN 2.2.0.555-96 “Hygienic requirements for working conditions for women,” approved. Resolution of the State Committee for Sanitary and Epidemiological Surveillance of the Russian Federation dated October 28, 1996 N 32, which establishes special requirements for the working conditions of women during pregnancy.

3. A reduction in production standards and service standards for pregnant women is carried out on the basis of a medical report, which establishes the optimal volume for a woman to reduce production standards and service standards (the recommended volume is on average up to 40% of the constant norm).

A reduction in production standards is carried out at the request of a woman. In the absence of an application, production standards are not reduced, but it is advisable to explain to the pregnant woman her rights.

4. In a number of cases, a ban has been established on the work of pregnant women from the moment of medical confirmation of pregnancy in certain conditions and in certain industries. Since in these cases the right to transfer is associated with the very fact of pregnancy, special medical reports on the need for transfer are not required. Such cases include:

work in crop production and livestock production (clause 2.2 of the Resolution of the Supreme Council of the RSFSR dated November 1, 1990 N 298/3-1 “On urgent measures to improve the situation of women, families, protection of motherhood and childhood in rural areas”);

work in radiation therapy departments (clause 1.4 of the Standard Instructions on Occupational Safety and Health for personnel in radiation therapy departments, approved by Order of the Ministry of Health of the Russian Federation dated January 28, 2002 N 18);

work in x-ray departments (clause 2.4 of the Standard Instructions on Occupational Safety and Health for personnel of x-ray departments, approved by Order of the Ministry of Health of the Russian Federation dated January 28, 2002 N 19);

work in radionuclide diagnostics departments (clause 2.4 of the Standard Labor Safety Instructions for personnel in radionuclide diagnostics departments, approved by Order of the Ministry of Health of the Russian Federation dated January 28, 2002 N 20);

any work with pesticides and agrochemicals (clause 2.8 of Sanitary rules and regulations SanPiN 1.2.2584-10 "Hygienic requirements for the safety of processes of testing, storage, transportation, sale, use, neutralization and disposal of pesticides and agrochemicals", approved by the Resolution of the Main State Sanitary Doctor of the Russian Federation dated March 2, 2010 N 17);

work related to radiomagnetic radiation for the repair and maintenance of radio-technical devices (clause 9.4 of the Sanitary Rules for the maintenance and repair of radio-technical devices of civil aviation aircraft, approved by Resolution of the State Committee for Sanitary and Epidemiological Surveillance of the USSR dated November 12, 1991 N 6031-91) ;

work with sources of ionizing radiation (clause 8.3 of the Sanitary Rules for working with sources of ionizing radiation during the maintenance and repair of aircraft at civil aviation enterprises and factories, approved by Resolution of the State Committee for Sanitary and Epidemiological Surveillance of the USSR dated November 11, 1991 N 6030-91) ;

work related to the use of personal computers (clause 13.2 of the Sanitary and Epidemiological Rules and Standards "Hygienic requirements for personal electronic computers and organization of work. SanPiN 2.2.2/2.4.1340-03", approved by the Resolution of the Chief State Sanitary Doctor of the Russian Federation dated June 3, 2003 N 118);

work in contact with harmful factors of the production environment when organizing dry cleaning of products (clause 7.7 Hygienic requirements for organizations of dry cleaning of products, approved by Resolution of the Chief State Sanitary Doctor of the Russian Federation dated April 27, 2009 N 26);

work using methanol (clause 3.15 of the Sanitary and Hygienic Requirements for the Organization and Conduct of Work with Methanol, approved by Resolution of the Chief State Sanitary Doctor of the Russian Federation dated July 12, 2011 N 99).

In accordance with Art. 298 of the Labor Code of the Russian Federation, pregnant women cannot be employed on a rotational basis.

In all these cases, the pregnant woman must be provided with another job that meets the health protection requirements.

A pregnant woman must be transferred in other cases if the work performed is contraindicated for her based on a medical report. In this case, the medical report indicates the period within which such a transfer is required, as well as acceptable (or unacceptable) working conditions.

5. If it is impossible to reduce production standards and service standards, as well as if it is impossible to use the labor of a pregnant woman at her previous job, she should be transferred to another job, in which the impact of adverse production factors is excluded. The work provided to a pregnant woman must meet the requirements for working conditions for women during pregnancy, enshrined in the Hygienic Requirements for Working Conditions for Women.

6. Until a pregnant woman is provided with another job suitable for working conditions, she is released from her previous job from the day established in the medical report. If it is not possible to provide suitable work, the pregnant woman is exempt from work for the entire duration of her pregnancy.

7. When production standards, service standards are reduced, when transferred to another job, as well as when released from work, the pregnant woman retains the average earnings from her previous job for the entire period of the reduction in production standards, service standards, transfer or release from work.

For the procedure for calculating average earnings, see Art. 139 of the Labor Code of the Russian Federation and commentary to it.

8. All pregnant women, starting from the earliest stages of pregnancy (up to 12 weeks) and postpartum women, are subject to medical examination. Identification of pregnant women is carried out when women visit antenatal clinics and during preventive examinations. During the mandatory dispensary observation, a pregnant woman retains her average earnings (see Article 185 of the Labor Code of the Russian Federation and the commentary thereto).

9. When transferring, in accordance with a medical report, a pregnant woman at her request from a job that gives the right to early assignment of an old-age pension in accordance with Art. Art. 27 and 28 of the Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation”, for work that excludes the impact of adverse industrial harmful factors, such work is equal to work preceding the transfer.

In the same order, periods are calculated when a pregnant woman did not work until the issue of her employment was resolved in accordance with a medical report (clause 12 of the Government of the Russian Federation of July 11, 2002 N 516 "On approval of the Rules for calculating periods of work giving the right to early assignment of an old-age labor pension in accordance with Articles 27 and 28 of the Federal Law “On State Pensions in the Russian Federation”).

10. The inability of women with children under the age of one and a half to perform their previous work may be due to medical contraindications in connection with breastfeeding, as well as the inability to provide adequate care for the child due to the work schedule or other conditions.

11. Women who are breastfeeding are prohibited by sanitary norms and rules from performing certain work that negatively affects the mother’s lactation level and the child’s health. Such work includes any work with pesticides and agrochemicals, toxic deratization agents, pest control and repellent agents, radiomagnetic and ionizing radiation.

12. The inability of women with children under the age of one and a half to perform their previous work may also be associated with the traveling nature of the work, the distance of the workplace from the woman’s place of residence, the early start or late end of work shifts, the impossibility of providing part-time work, the impossibility of providing breaks for feeding a child and other working conditions unfavorable for maternal care of a child.

13. During the period of transfer of a pregnant woman or a woman with a child under the age of one and a half years to another job, she retains all the benefits and advantages that she had in her previous job. Payment is made according to the work performed, but not lower than the average earnings for the previous job.