Issues of motherhood and childhood in Russia are among the most important. However, there are often paradoxical situations when pregnant women are left behind.
This happens, in particular, when applying for a job. Accordingly, women themselves, in order to avoid discrimination, often resort to deception - they hide their situation until the last minute. A friend of mine recently had such an employee in his company. And he naturally had a question: how legal were her actions.
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 are a 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 accepted for a probationary period, since according to the law, pregnant women and mothers whose children are less than one and a half years old must be placed without a probationary period.
- There is no need to worry about vacation, since pregnant women are in a preferential category and will get their vacation when they are 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 still receive a salary.
Why don't they want to take pregnant women?
There are many reasons why pregnant women are not hired. For example, employers are afraid that expectant mothers simply will not be able to work fully, because... There is an opinion that they constantly need to attend consultations, take tests, etc.
Problems also arise with restrictions on the types of work - pregnant women cannot be placed in hazardous work or on night shifts, and they may also need to work part-time.
The prospect of providing an employee with leave at any time convenient for her is also not to the liking of employers and their employees. And also, a pregnant woman cannot be fired, even if she does not cope with her duties very well.
Many are also confused about the payments they will make to female employees. Although all these payments are made at the expense of the social insurance fund, for employers the extra effort to apply for benefits and receive compensation for this from the fund is not the most enviable prospect.
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.
In order for a fixed-term contract to be extended, the employer must provide:
- written statement;
- medical certificate confirming the state of pregnancy.
In this case, it is necessary to take into account that the obligation to extend the term of a fixed-term employment contract arises for the employer only if the mentioned documents are available. If the necessary documents are not submitted, the unscrupulous employer may terminate the fixed-term employment contract. If the employer extends the term of a fixed-term employment contract until the end of pregnancy, at the request of the employer, but not more than once every three months, the woman is required to provide a medical certificate confirming the state of pregnancy.
If a woman actually continues to work after the end of her pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day when he learned or should have learned about the end of the pregnancy. According to Art. 261 of the Labor Code of the Russian Federation, a one-week period for terminating an employment contract is preclusive. If the employer does not declare termination of the contract within the established time frame, the employment relationship will continue.
NEW PROCEDURE FOR CALCULATING MATERNITY PAYMENTS
At the same time, Art. 261 of the Labor Code of the Russian Federation contains an additional part that provides the employer with the opportunity, subject to certain conditions defined by this article, to dismiss a pregnant woman when an employment contract with her was concluded for the duration of the duties of an absent employee. A fixed-term employment contract is terminated if it is impossible, with the written consent of the woman, to transfer her before the end of pregnancy to another job available to the employer (both a vacant position or work corresponding to the woman’s qualifications, and a vacant lower position or lower-paid job), which the woman can perform with taking into account her state of health. In this case, the employer is obliged to offer her all the vacancies that he has in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.
An advantage and additional guarantee for a pregnant woman is that there is no test for her when hiring. Therefore, the employer does not have the right to terminate the employment relationship with the woman because she, as an insufficiently qualified employee, did not pass the probationary period.
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 an official job, 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, the expectant mother 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 at a consultation in the late stages of pregnancy. This sheet must be brought to the accounting department, where you must be paid no later than ten days. You can receive a lump sum benefit 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.
A pregnant woman may also be entitled to receive benefits:
- Providing free food for children.
- 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.
Employer's liability
The legislation establishes liability for violation of a woman’s rights during pregnancy. Persons guilty of violating women's rights may be brought to disciplinary, civil, administrative and criminal liability in the manner established by federal laws (Article 419 of the Labor Code of the Russian Federation).
You can go to court by filing a statement of claim, which must disclose in detail not only the circumstances of the conflict with the employer, but also provide evidence of correctness. The statement of claim may be filed in the district court. Jurisdiction in the case under consideration is determined by the choice of the plaintiff. The claim can be filed both at the place of residence of the plaintiff and at the location of the defendant. The statement of claim may contain a claim for compensation for moral damage. If the court confirms the fact of violation of a woman’s labor rights, then the issue of compensation for moral damage will also be resolved positively.
To protect violated rights, a woman can apply to the labor inspectorate and the prosecutor's office. To do this, it is necessary to file a complaint, which must also be substantiated by evidence.
Administrative liability for violation of labor and labor protection legislation is established by Art. 5.27 Code of Administrative Offenses of the Russian Federation.
SUBMITTING A CLAIM
An unreasonable refusal to hire a pregnant woman or unjustified dismissal from work can become a reason not only for court proceedings and an administrative fine, but also for criminal prosecution.
Criminal liability for unjustified refusal to hire or unjustified dismissal of a pregnant woman or a woman with children under three years of age is established by Art. 145 of the Criminal Code of the Russian Federation. In accordance with this article, “unjustified refusal to hire or unjustified dismissal of a woman on the grounds of her pregnancy... is punishable by a fine in the amount of up to two hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by compulsory labor for a period of one hundred twenty to one hundred and eighty hours."
Hiring situations
When accepting employment with a pregnant woman, different situations can occur and are not always favorable for the pregnant woman herself. 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.
What rights does this category of applicants have?
Pregnant women and people raising children have, in addition to guarantees associated with employment, other labor preferences.
Thus, it should be noted that it is almost impossible to dismiss a woman legally if her corresponding status is documented. By virtue of Art. 261 of the Labor Code of the Russian Federation, an employment contract can only be terminated if the organization is liquidated. Other cases, including staff reductions, are not grounds for dismissal.
In addition, an employee who is expecting a child cannot be on probation. As a general rule, the trial period cannot exceed 3 months.
If the employee is on a probationary period, then, by virtue of Article 70 of the Labor Code of the Russian Federation, it terminates from the moment she provided documentary evidence of pregnancy. Such confirmation, as a rule, is a certificate from the antenatal clinic issued by a gynecologist.
In addition, employees expecting a child have the right to a number of other preferences related to the conditions of their work. For example, it is prohibited to involve them in overtime work, send them on business trips, refuse to provide them with a shortened working week, and so on.
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.
Wage amount
The level of employee earnings is determined in accordance with the internal regulations of the company and the terms of employment agreements. However, if an employee is transferred to another duty station due to pregnancy, the salary may be adjusted.
If the employer cannot offer a new place of employment, he is obliged to release the woman from the work process. At the same time, her salary will be kept at the same level until the expectant mother finds a new place of employment.
If a girl is transferred to a part-time work schedule, her payment is made taking into account the hours worked or the volumes completed. At the same time, according to Art. 93 of the Labor Code of the Russian Federation, she has the right, on an equal basis with other employees, to receive bonuses and additional payments for exceeding the volume of work.
Employment Center
If you are unable to find a good option, 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 a good specialist, different from all candidates for this position.
What positions can a pregnant woman realistically get?
The ideal employer for a pregnant woman is a government or commercial entity that offers a full benefits package. Even if the proposed position will not be exactly in your specialty, but at 30 weeks you will be able to go on maternity leave without any problems, and you are guaranteed to receive all the payments due to you.
is best suited for a pregnant woman. Such vacancies can be found in the office, archive, library, kindergarten, and some areas of the accounting department.
You can try to get a job in a commercial structure. But you shouldn’t hide your “interesting position” from a potential employer for too long, so that later it won’t be an unpleasant surprise for him. Discuss this situation with a potential manager and tell them about your advantages compared to other candidates. With this approach, the likelihood that you will get the desired position increases. In addition, in some specialties you can work remotely. And if you perform well before maternity leave, perhaps your employer will agree that you continue to perform your functional duties at home.
The most unsuitable vacancies for a pregnant woman are a bank employee and a postal operator, since here you need to have self-control and peace of mind in order to resolve possible conflicts with clients.
