Article 254 of the Labor Code of the Russian Federation with comments and changes for 2021

06.06.2019

154

8 min.

Many modern women lead an active lifestyle, graduate from universities, and build careers on an equal basis with men. It is not surprising that they also try to combine pregnancy and motherhood with study and work. Today's realities are such that the vast majority of expectant mothers, due to certain factors, cannot adjust their schedule or responsibilities in connection with new circumstances. Therefore, they continue to work even after the official date of maternity leave and right up to the birth. Article 254 of the Labor Code of the Russian Federation with commentaries provides for a whole list of provisions aimed at improving working conditions, which must meet the state of their health and physiological characteristics.

Working during pregnancy

In Russia, motherhood is not only actively encouraged by the state, but also protected by law. Legal acts and regulations in general, especially Articles 251-264 of the Labor Code of the Russian Federation, reflect provisions concerning women who became pregnant during their official activities in a given company, organization, or production.

During pregnancy and the first weeks after delivery, a woman’s body is in a state of stress. Fears, anxiety, harmful conditions, lack of normal sleep, early awakening or night shifts, and excessive stress are harmful to the health of the mother and fetus. And vice versa, a convenient work schedule and comfortable production allow her to clearly fulfill her duties before the onset of maternity leave, while at the same time forgetting about the fears and anxieties that invariably arise during this period. Therefore, legislation obliges employers to take care of the health and well-being of pregnant employees and their unborn children through labor protection.

Article protecting the rights of expectant mothers

The legislative framework presupposes a high degree of protection for the working activities of every woman who is preparing to be a mother and gives her a wide range of privileges. Thus, Article 254 of the Labor Code of the Russian Federation establishes the rules for providing her with lighter official duties. To do this, the pregnant woman needs to register with the antenatal clinic and provide a certificate of her status.

The optimal period for visiting the clinic is 8-12 weeks. The employer is obliged to pay the expectant mother a small allowance. However, the law provides additional rights that female staff should be aware of.

Permissible and prohibited loads

According to sanitary standards, during pregnancy, employees are prohibited from all types of work that involve an increase in physical and psycho-emotional stress on the body. In accordance with the Labor legislation of the Russian Federation, an expectant mother is prohibited from activities that negatively affect the woman’s condition, for example:

requires lifting weights from the floor to a height that exceeds one’s own height;
increases tension in the muscles of the legs and abdominals;
involves staying in a certain position for a long time;
provokes stress and nervous exhaustion;
involves interaction with pathogens;
involves getting your clothes wet.

It is important to know! The official functions assigned to a pregnant employee include sorting, folding, packing items, and performing simple work that meets sanitary and hygienic standards.

Hazardous types and conditions of activity

If a woman continues to work during pregnancy, she must choose suitable conditions. She is at risk if she works in the following institutions:

in a photo workshop;
in dry cleaning;
at a weaving factory;
at an enterprise for the production of microcircuits, chips;
at a plant for the production of rubber, plastic, paint and varnish products;
at a shipbuilding enterprise;
at a factory for the production of clay, ceramics and glass products.

In addition, she is not allowed to work in the following conditions:

on machines with foot control;
on conveyor technology, which requires maintaining a certain rhythm of movement;
with strong changes in atmospheric pressure;
in a room with no windows or sources of natural light;
outdoors in all weather conditions;
with computers and video display terminals.

Expectant mothers carrying out their activities in such places are exposed to harmful effects:

in the printing house;
in operating rooms;
at road posts.

Management must provide pregnant employees with comfortable and as safe working conditions as possible and ensure a change in occupation.

Restrictions when performing work duties

Art. 254 of the Labor Code of the Russian Federation specifies that a woman has a number of privileges during the period of bearing a child, namely, she must be transferred to a more lenient work schedule. In particular, the manager is authorized to relieve her from performing official duties and work:

on a rotational basis;
overtime;
on the night shift;
on business trips;
on weekends, holidays.

Attention! An employee who is expecting the birth of a baby cannot be involved in difficult or dangerous types of work.

Ways to make labor easier for pregnant women

In modern society, every woman who wants to be a mother has the right to privileges and concessions provided by law. But, alas, not all managers strive to provide such employees with favorable working conditions, unconditionally allow them to undergo a routine examination with a gynecologist, and later pay for maternity leave. Therefore, it is important to know what rights are guaranteed by the Labor Code, including Article 254 of the Labor Code of the Russian Federation.

Improving working conditions at the same place

According to the Labor Code and Art. 254 after providing a document from a medical institution (antenatal clinic) confirming pregnancy, the woman is offered easier working conditions. This term implies a reduction in the list of official duties and a reduction in the volume of output. She may be offered a different type of activity, the indispensable requirement of which will be to maintain the salary in accordance with the salary at her previous job.

Transition to another type of activity

Quite often situations arise when, due to pregnancy, management decides to transfer an employee to another job. Such actions are considered illegal from the point of view of the law. If she refuses to put her signature on the order, and no additional documents were drawn up, then there are no grounds for moving to a new position.

Advice! If the manager continues to insist, the woman has the right to go to court to protect her rights.

Release from work

If management cannot provide an employee who is expecting the birth of a baby with adequate work, or change the conditions of her stay in the company, it is obliged to release her from performing her functions, maintaining the average salary at the expense of the organization. The period of absence should be paid until management transfers the expectant mother to another position that eliminates the impact of adverse production factors. Otherwise, it has the right to terminate the employment agreement due to the lack of a suitable vacancy.

Unfavorable factors

What else should you pay attention to? It happens that the responsibilities of a pregnant woman imply the presence of various factors that can negatively affect the health of a subordinate or the unborn baby. Article 254 of the Labor Code of the Russian Federation provides for the provision of normal working conditions for women in an “interesting” position.

That is, all unfavorable factors must be eliminated at the request of the employee. Otherwise, she has every right to refuse to perform her official duties. At the same time, the subordinate’s salary is retained. In other words, pregnant women have the right to adequate working conditions. And the employer is obliged, at the request of the subordinate, to eliminate all unfavorable factors that could have a negative impact on the health of both the mother and the baby. There is one important point. Both when factors are eliminated and when production standards are reduced, the employee retains her average earnings.

Labor guarantees and benefits for pregnant women

During the period of pregnancy, a working woman is granted certain privileges provided for by Russian legislation. Unfortunately, a small number of female employees have a clear understanding of their privileges. Quite often, employers use labor illiteracy for personal gain. Having learned about pregnancy, a woman is obliged to study the Code of the Russian Federation, in particular, the section that protects her rights.

Dismissal

First of all, it should be clarified that pregnancy is not a disease, but a physiological state of a woman. Therefore, many of them can work normally without having to change their work schedule. At the same time, on the basis of Article 261 of the Labor Code of the Russian Federation, the law prohibits management from dismissing an expectant mother without her consent, even if any violations are identified or invented. The severity of the offense in this situation is not taken into account.

The Labor Code of the Russian Federation, namely Article 254, allows for termination of a contract with an expectant mother based on a decision made by the management party. But it is possible if a company, organization, enterprise self-liquidates and dissolves its staff. The employer is obliged to provide the remaining unemployed employee with payment for the time worked and compensation for calendar leave if it was not used. The law obliges the Social Security Administration or the Social Insurance Fund to pay her a subsidy for lack of work.

Expulsion of a pregnant woman from the organization’s staff is possible, but only if the following situations arise:

She works in heavy production, but there is no way to transfer her to light work.
She submitted her resignation voluntarily and consciously (and not under pressure).
The decision to leave is the result of agreement between the parties to the employment agreement.

The administration has the authority to terminate a contract with an “in position” employee if she was hired to replace a temporarily absent employee who is resuming his duties for a given period. The boss can sign the order if the employee was informed about the vacancies available at the enterprise, but none of which suited her.

Transfer to another job without consent

The management of a company or organization has the authority to amend clauses of the employment agreement if working conditions have changed. These actions apply to all employees, and those who are expecting a child are no exception.

Management is required to notify the management of changes to contracts two months in advance in writing. A woman may refuse a new position with lighter responsibilities. In this case, representatives of the administration provide for the offer of other available vacancies, taking into account her state of health.

It is important to know! If there are no alternative options or the employee does not want to work in a new position, the manager has the authority to terminate the employment agreement. The basis in this situation is a change in the terms of the contract of one of the parties (Articles 74 and 77 of the Labor Code of the Russian Federation).

Extension of a fixed-term employment contract

A fairly common situation is when a woman gets a job under a fixed-term contract and finds out about her pregnancy at the end of the contract. In this situation, management cannot fulfill the main condition (dismissal). It is forced to extend the agreement until the birth of the child and subsequent exit from maternity leave. The employee has the right to take this step if the antenatal clinic issues her a medical certificate confirming her situation, and the woman herself writes a corresponding statement. Some employers are required to provide a document updated every three months.

The manager has the right to refuse in the event of a reorganization of the enterprise or business, as a result of which a certain number of jobs, including the position of a pregnant employee, are subject to reduction, and there is no possibility of providing a new vacancy.

Examination during working hours

An employee who is preparing to become a mother has the right to be relieved from official duties on weekdays when she is scheduled for a routine examination by a doctor. If the pregnancy is multiple or has complications, she may need more frequent visits to the clinic, regular tests, and consultations with specialized specialists. In this situation, she must present a medical certificate issued at the women's clinic, and then leave the workplace when necessary. In this case, the employer is obliged to maintain wages for a full day of work, regardless of how many hours were actually worked.

Providing leave

A month before giving birth, a woman has the right to go on long-term leave, devoting her free time to preparing for the birth of the baby and subsequent care. Article 255 of the Labor Code of the Russian Federation regulates the length of time an employee can be on maternity leave. They may differ, depending on the presence of a number of factors affecting women's health.

At the same time, the Labor Code grants expectant mothers the right to use paid calendar leave out of turn, when working any amount of time, not six months. It is advisable to take it before going on maternity leave or before leaving it. It is impossible to call a woman back to work during this entire period and compensate for unused vacation with money, since it must be fully realized.

Rights of pregnant women upon dismissal

Employers have the most problems when dismissing expectant mothers, because they either do not know what guarantees and compensations there are for pregnant women in the Labor Code of the Russian Federation in this case, or they ignore them. Here you need to remember two rules (Article 261 of the Labor Code of the Russian Federation):

Source:

Personnel portal CLUB TK

Categories:

Labor relations, Maternity leave

pregnant employee maternity benefits maternity leave pregnancy labor relations

Alena Motroy

9750 ₽

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The work of women with children under one and a half years old, important aspects

The desire to achieve financial well-being, the reluctance to stay at home, lose qualifications, and a number of other circumstances force a woman to interrupt her postpartum leave as soon as the baby turns one year old, and sometimes much earlier. For such situations, the legislation provides for the provision of privileges and concessions for working personnel.

Management does not have the right to refuse a request to draw up an employment contract if a woman is pregnant or has small children. After receiving a refusal, she can appeal to a judicial authority.
If you hire an employee who has a child under three years of age, it is recommended that she be exempted from mandatory tests or tests.
The state provides the opportunity for mothers with small children to work part-time or a shorter week. When calculating earnings, the amount of work performed or the time actually worked is taken into account.
If there are children under three years of age or disabled minors, the employee is prohibited from going out at night or working in shifts.
An employee who is pregnant with a child may be required to work overtime only if she agrees. She must confirm in writing that she has read the rules stipulating her refusal to work extra hours.
A woman with a baby under 1.5 years old is allowed to write an application to the administration with a request to transfer her to an easier type of work due to her inability to perform her previous duties. After the request is granted, payment is calculated in accordance with the position held, but cannot be lower than the average level.
Working mothers are required to be given long leave to care for their children until they are three years old. Depending on the circumstances, it can be used in whole or in parts, and not only by the mother, but also by family members, relatives and even the guardian.
If the family has a child under three years old, the woman or the persons listed above are allowed to work on a reduced schedule (part-time work) or from home. However, they can submit a written application and receive a monthly benefit.
Leave to care for an infant is allowed to be taken by both parents, adult family members, and persons who adopted the child. This time is included in the total length of continuous work experience.
A working mother with a baby under 1.5 years old is given both a lunch break and additional (30 minutes) time allotted for feeding. It can be used every three hours.
The total number of breaks is summed up and the corresponding time can be used at the beginning or end of the working day. Payment is calculated for a full working day (shift).

Until elimination

Article 254 of the Labor Code of the Russian Federation with commentaries (2015-2016) has many more features. For example, as already mentioned, a pregnant woman may demand that the employer eliminate unfavorable labor factors. And until the boss satisfies the request, you don’t have to go to work. It is legal. This norm is spelled out in the article under study.

Despite the fact that the employee will not work, she will still retain the average salary for the position. Payment is made for all days missed. The funds are withdrawn from the employer's funds. Therefore, it is in the interests of the company’s management to quickly satisfy the pregnant woman’s request.

It doesn’t matter exactly how long the subordinate’s absence lasts. The law clearly states: until unfavorable factors are eliminated, a girl in an “interesting” position may not go to work, retaining the average salary for a particular position. That is, the absence of a subordinate can last several days or a couple of months. It all depends on the employer.

Imposition of penalties

So, in accordance with the article of labor legislation being studied, the employer must pay for the time a pregnant employee visits a doctor. This does not count as truancy or absence.

Accordingly, a girl in an “interesting” position should not make up the missed time. Moreover, they do not have the right to impose any fines or other punishments on a woman. This is a direct violation of established laws, which are provided for in Article 254 of the Labor Code of the Russian Federation. It is normal to visit a doctor during pregnancy during business hours. And no one is able to punish a girl for this. Therefore, the first and last claims are inappropriate.

About inspections

What other features are provided that are dictated by Article 254 of the Labor Code of the Russian Federation? Visiting a doctor during pregnancy is an important time. It is mandatory for all expectant mothers. Moreover, it should be noted: the Labor Code states that the employer is obliged to allocate time for his subordinates to visit a gynecologist.

But no one has the right to force you to visit outside of working hours. If an employee asks to see a gynecologist during work, they cannot refuse her. These are the rules dictated by Article 254 of the Labor Code of the Russian Federation. Visiting a doctor during pregnancy does not count as absenteeism. And a working day is paid in exactly the same way as a fully worked period.

In other words, it is impossible to deprive a pregnant woman of her earnings just because she went to the gynecologist. It is forbidden. Article 254 of the Labor Code of the Russian Federation, part 3 - this is what a girl in an “interesting” situation should refer to if the employer does not allow her to go to the doctor for a routine examination. Or when he says that the day will not be paid. Such decisions are illegal. This is a direct violation of established legislation.

conclusions

What conclusions can be drawn from all of the above? Article 254 of the Labor Code of the Russian Federation regulates the following:

a pregnant woman has the right to light work;
a woman in a position can demand from her employer working conditions that correspond to her condition while maintaining her earnings;
until the boss provides suitable conditions, you don’t have to go to work, but your earnings will remain the same;
You can go to the doctor during working hours, money for the day should be paid to the pregnant woman anyway;
the employer has the right to demand a certificate from a doctor, but cannot punish if there is evidence of stay in a medical institution.

These are the rules that will have to be followed in Russia. Pregnant women have special rights. By the way, you cannot fire them. Unless punished for absenteeism. And only if the employer can prove that the woman was absent from work and did not visit the doctor.