Standard working hours for pregnant women
The Russian Labor Code establishes equal working hours for all categories of employees. The standard rule sets it at 40 hours per week. Such a time exists for government and budget employees. However, this time may be reduced for a pregnant employee. This abbreviation has some features that should be specified in more detail:
- The law does not establish a specific limitation on time reduction for such employees. Therefore, the reduction is determined by the employer in agreement with the employee. This is a general compromise solution that should not infringe on the interests of the employer and employee;
- This is an employee's right. Therefore, the employer or organization cannot restrict it. The employer is obliged to provide a reduction in time at the request of the employee;
- The employer cannot establish a reduction in time on its own initiative. This is the same restriction as the refusal of an employee to satisfy her application. Reduction is possible only if there is her application and not otherwise;
- The only basis for reducing the working hours of a pregnant employee is the very fact of her condition, certified by a doctor’s certificate.
Thus, reducing the length of a working day or shift is an unconditional right of the employee and cannot be limited by the organization.
Working hours for a pregnant woman - Labor Code of the Russian Federation
Working hours for pregnant women are set in the same way as for all other employees. Its reduction is possible only at the request of the employee. It becomes the basis for the employer to limit the length of the working day.
In this case, the period does not matter. The medical condition of her health also does not matter. Therefore, the law does not link the reduction in the length of the working day to these concepts. The key and only basis is medical fact. Nothing more is required.
Working hours for pregnant women
As stated above, the law does not establish specific restrictions. It fixes only their types:
- Reducing the duration of a work shift. At the same time, the work week remains the same;
- Reducing working days while maintaining the same shift length.
The choice of one option or another depends on the employee and the characteristics of her professional functions.
A pregnant woman visiting a doctor during working hours
The question of whether an employer is obliged to allow a pregnant woman to see a doctor during working hours is very relevant, because visits to the doctor and hospital are required regularly. And often it is simply impossible to postpone them.
The law requires employers to allow women to see a doctor or hospital. At the same time, they must provide supporting documents. That is, a visit to a doctor or hospital must be confirmed by appropriate medical certificates.
Application of a pregnant woman to reduce working hours
Such a statement is mandatory for execution in any organization, regardless of its organizational and legal form. At the same time, you need to understand that a decrease in working hours will inevitably lead to a decrease in wages, so you should use this right carefully.
Practice shows that employers reduce the working day by 1 hour. As a rule, this suits both parties. The woman receives additional time with a slight loss in wages. She has such a right from the moment the pregnancy status is medically determined. In order to exercise the right, you must apply to management.
If you have questions, consult a lawyer
Rights and guarantees for employees in position
Expectant mothers who are officially employed have the opportunity to receive certain benefits:
First of all, it should be noted that the employer does not have the right not to hire an employee for a suitable position who is in a position solely because of her condition. The second important right for a woman during pregnancy is the opportunity to receive maternity leave.
An employee does not have the right to demand that her employer maintain her previous salary if she has signed a part-time agreement.
Recording hours worked on a timesheet
The legislator does not establish a minimum limit for part-time work for a pregnant woman. As, in fact, the “ceiling”.
The time of completion of the mandatory medical examination is also noted on the report card on the basis of a supporting document.
A special cipher is used for this.
It would be correct for a pregnant employee to notify her superiors in advance about her possible absence and obtain a doctor’s certificate, which is then provided to management.
Features of the work schedule
All girls expecting a baby have the right to part-time work. A pregnant employee can set such a schedule as she wishes or leave everything as is, if she can cope with her work without compromising her health.
ATTENTION! In this case, wages will be credited according to the time worked.
In order not to lose extra. earnings, you can refuse to reduce your hours. But since each situation is considered individual, the schedule must be agreed upon with the boss, who does not have the right to insist on its forced update. The girl will have to weigh the pros and cons when thinking about overtime activities.
If a difficult working day will have a negative impact on the condition of a pregnant employee, it is worth using the right to reduce the number of days of work . Since the expectant mother should rest more often and not be exposed to heavy stress, money should not be a motivating factor in favor of abandoning a simplified schedule.
In this case, the girl in any case retains the right to paid maternity leave.
The expectant mother can take maternity leave whenever it is convenient for her. Its terms and other conditions will not change. However, everything will depend on the employee’s salary level, as well as other factors, including her position and length of service at the final workplace. Another pregnant girl can add her general leave to her maternity leave.
Shorten a pregnant woman's working day in three simple steps
A pregnant woman needs to initiate the establishment of part-time work.
The most effective way to convey your desire to the employer is a written statement. A pregnant woman must submit an application to the employer, which reflects
- desired length of working time;
- type of part-time work (part-time or part-time work week);
- the date from which the woman wishes to reduce her working hours.
The application must be accompanied by a document confirming the fact of pregnancy, for example, a certificate from the antenatal clinic.
The employer and the pregnant woman must reach an agreement on working hours.
The duration of part-time work and which party determines it is not established by law. Apparently, everything should be achieved by agreement of the parties. It is not clear what to do if the parties cannot agree, and the law obliges the employer to reduce the working day of a pregnant woman.
When the parties agree among themselves, it is necessary to conclude an additional agreement to the employment contract, since the working hours are its essential condition.
The employer must issue an order
The employer must issue an order regarding the establishment of a part-time working day and familiarize it with it against the signature of the employee.
As you can see, it is not difficult for a pregnant woman to shorten her working hours. The woman herself needs to remember that payment will be made in proportion to the time worked or depending on the amount of work performed.
The Plenum of the Supreme Court of the Russian Federation, in Resolution No. 1 of January 28, 2014, clarified a number of issues regulating the peculiarities of the work of women, persons with family responsibilities and minors. The explanations are given taking into account the practice and questions that arise in courts when considering labor disputes on similar topics. The clarifications of the Plenum of the Supreme Court of the Russian Federation will ensure uniform application of labor legislation by courts and put an end to long-standing disputes between employees and employers.
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2. An employment contract, the end of which occurred during the employee’s pregnancy, generally needs to be extended until the end of the pregnancy. Moreover, in the case of the birth of a child, the need for dismissal is indicated not within a week after the child’s birthday, but on the last day of maternity leave. Reason: Clause 27 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1
3. The employment test is not imposed on pregnant women, women with children under the age of 1.5 years, as well as persons under 18 years of age. This rule also applies to other persons raising children under 1.5 years of age without a mother.
If such employees were subject to probation, then termination of the employment contract with them based on the test results is unlawful. Ground: Clause 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1
Rights of a pregnant woman upon dismissal
Dismissal of a pregnant employee is possible only upon liquidation of the organization or closure of the individual entrepreneur.
Important! At her own request, the employee can leave at any time, since there are no restrictions here.
Another option for terminating the employment relationship is dismissal under the article, but there is a nuance here. A disciplinary commission is assembled, which makes a decision that the guilt has been fully proven and the dismissal is justified. For any unjustified dismissal of a pregnant woman or an employee with children under three years of age, the employer is subject to sanctions in the form of fines and various types of liability.
In case of a fixed-term employment contract and its expiration during maternity leave, the period will be extended until the employee returns to work after the expiration of the leave.
If a person works in a temporary position and is pregnant, then after the main employee returns to work, the pregnant woman is provided with all available vacancies for transfer, including lower-level ones. According to Part 3 of Article 261, the list of vacancies that can be offered consists of all positions that are suitable for qualifications, including lower paid and temporary ones.
What benefits are provided?
The Labor Code protects the rights of expectant mothers, including those who get a job during pregnancy.
Basic labor benefits for pregnant women:
Employment of pregnant women occurs without a probationary period (Article 70 of the Labor Code of the Russian Federation). An employer cannot refuse a job to an applicant because she is pregnant. Moreover, he cannot ask questions about her situation. The only reason for refusal to work is an insufficient level of qualifications for the position. If the reason for the refusal was a fictitious excuse, the woman can ask for a written answer and contact the labor inspectorate with it. Identification of an unreasonable refusal to provide employment will entail sanctions. An employer cannot fire a pregnant employee, including under Art. 81 of the Labor Code of the Russian Federation (for violating the schedule, absenteeism, etc.). The employer is obliged to provide a pregnant woman with light work upon presentation of an appropriate medical certificate
It is important that the certificate indicates specific restrictions on work activity. The employee is exempt from work on weekends and holidays, as well as on night and overtime shifts. A pregnant woman can take annual paid leave at any time. Even if it was not her turn, or she did not work for a certain period
For example, you can take a vacation before the start of maternity leave or immediately after it. Light work for pregnant women according to the Labor Code in 2019 implies a ban on working on a rotational basis (Article 198 of the Labor Code of the Russian Federation). A pregnant woman has the right to be excused from work duties on weekdays to undergo a scheduled examination. In the case of a difficult pregnancy and frequent examinations, it is necessary to take the appropriate certificate from the antenatal clinic and register it with the human resources department. If necessary, the employee may leave the workplace. Regardless of how many hours per day are actually worked, the employer is required to retain earnings for the entire day. In addition to the lunch break, the expectant mother has the right to receive short breaks during the working day. It is prohibited to transfer a pregnant woman to another position without her consent. An employer is required to provide a pregnant employee with paid maternity leave. The duration of the leave depends on the course of pregnancy and the complexity of childbirth.
Benefits may also be provided to the husband of a pregnant employee. Regardless of his length of service, he can take advantage of annual leave during his wife’s pregnancy and childbirth.
When are pregnant women provided with employment benefits?
Any pregnant woman, regardless of the stage of pregnancy, can request a change in the length of the working day. Preferences are required to be provided both in the first weeks and before going on vacation under the BIR.
To obtain privileges, the employer will need to present a document issued by a gynecologist at a medical organization. The latter can be obtained in the form of a standard certificate from the antenatal clinic.
It is not the employee's responsibility to request privileges. She has the right to refuse preferences in accordance with the Labor Code of the Russian Federation and continue to work as before.
To do this, it is enough not to submit a corresponding application.
All the above rules apply equally to any form of organization: budgetary institutions, entrepreneurs, commercial structures.
Shortened working hours for pregnant women
Home Rights of pregnant women and young mothers The presence of pregnancy is not a basis for denying a woman employment. When deciding whether to hire a person, only her business qualities and qualifications are subject to assessment. If they do not meet the requirements, then only in this case the employer may not hire a pregnant woman. When hiring, employers do not have the right to demand from a woman a document confirming that she is not pregnant, as well as any assurances or receipts that she is not planning a pregnancy in the near future. This contradicts the requirements of Article 65 of the Labor Code of the Russian Federation, which regulates the list of documents that must be provided for employment. If a pregnant woman is hired, the employer does not have the right to set a probationary period, send her on business trips, or involve her in overtime work. An employer does not have the right to dismiss a pregnant woman on his own initiative, regardless of the grounds for absenteeism, failure to fulfill official duties, staff reduction, etc. The only exception is the complete liquidation of an enterprise, when the activities of the organization as a legal entity are terminated, when an individual entrepreneur ceases operations, for example, due to with the expiration of the state registration certificate. During pregnancy, in accordance with a medical report, a pregnant woman should have production standards at the enterprise reduced or she should be transferred to light work that excludes exposure to harmful factors. At the same time, she must retain the average salary for the position in which she worked before the transfer.
Preferential working conditions for pregnant women
Additional privileges related to employees in this position relate not only to work schedule and wages, but also, as stated in the labor code, to the working conditions of pregnant women. And first of all, here it is necessary to note the need to transfer a pregnant employee from hazardous production to a safer job. In addition, pregnant women are prohibited from participating in jobs that require heavy physical labor. In this case, it is desirable that the salary correspond to what the expectant mother received before.
The Labor Code provides for certain benefits for representatives of the fair sex in this position. However, a woman has every right to refuse them if she believes that this will in no way affect the baby’s health. At the same time, you should definitely think about whether you need to participate in work underground or in carrying heavy loads, when the body needs strength to bear a child.
Article 254 of the Labor Law states that there should be no difference in wages for a pregnant woman when she is transferred from one place to another. This suggests that by using the provided benefit, the employee does not lose anything.
The Labor Code of the Russian Federation, or more precisely its Article 259, states that workers in this situation cannot be involved in night work, and should not go on business trips or on shifts. On holidays and weekends, pregnant employees are not involved in work activities unless the employee herself expresses such a desire.
Working conditions unacceptable for pregnant employees:
- Regarding technical requirements, it is worth noting that expectant mothers are prohibited from lifting boxes or any goods above their shoulders.
- Foot operated mechanisms cannot be operated.
- You should not work in assembly line production with a preset rhythm.
- You should also refuse work that requires serious psycho-emotional stress.
- A pregnant employee may be transferred to another department if she has to work in a damp and drafty room.
- This also includes interaction with various pathogens.
- Work with serious changes in temperature and pressure is also considered harmful.
In all these and many other situations, the expectant mother may demand that the employer transfer her to another department while maintaining her salary. It is important to consider that the employer does not have the right to fire or lay off a pregnant employee until the child turns 3 years old.
Registration procedure
The following stages of shortening a shift or work week can be distinguished:
- A pregnant woman turns to the antenatal clinic for a certificate of status.
- Contact the company's HR department.
- Submitting an application in writing (a medical certificate is attached to the application).
- Leaving the resolution on the application.
- Preparation of an additional agreement to the employment contract in two copies and its signing by the employer and employee.
- Issuance of an order regarding changes to the work schedule.
The order also requires a statement of the procedure for changing the calculation of wages.
Application example
The application is not standardized and can be drawn up in free form. However, it must contain all the necessary information. When compiling, you can use the following example as a guide:
To the director of Orion LLC, V. B. Zaitsev, from project manager E. I. Sidorova.
statement.
I ask you to reduce your work shift by 1-2 hours due to pregnancy on the basis of Article 93 of the Labor Code of the Russian Federation. To confirm pregnancy, I enclose a certificate dated 09/08/2021 with registration number 0667785.
/Sidorova/ Sidorova E.I.
At the end of the application, a signature and date of preparation must be affixed. The exact content of the document depends on the wishes of the employee. For example, it may require a four-day workweek with an additional hour reduction in shifts.
ATTENTION! The document is drawn up in two copies. One of them remains in the personnel department, the other is in the hands of the employee
The second copy bears a mark indicating registration of the application in the appropriate journal. This is necessary to confirm that the paper has been submitted.
The application may contain additional requirements. For example, if an employee does not want to reduce her shift until her pregnancy is over, she can ask for a change in her work schedule for a few months or weeks.
Time standards and reduction of its duration
You can reduce working hours, taking into account legal requirements, by choosing one of the possible options detailed in the provisions of the Labor Code of the Russian Federation.
Shortening a shift or working day | The total number of working days does not change, but the number of hours worked is reduced | 6 hours instead of the required 8 |
Reducing the working week | The length of the working day does not change, but the number of days worked is reduced | Working days are Wednesday and Friday instead of Tuesday and Thursday |
Shortening both the day and the week | The duration of each day worked and their total number are reduced | Six hour workday from Monday to Thursday |
Example: Petrov’s accountant can work 6.5 hours instead of the standard 8, and Ivanov’s manager will work not 5, but 4 days a week.
Watch the video. Legal regulation of labor of pregnant women:
What are the working conditions
Features of the structuring of the conditions suggest that the employer will perform a number of positions.
The Labor Code in 2021 describes light work for pregnant women as such that it excludes the possibility of:
- actions related to carrying heavy loads;
- occupying a position on an assembly line;
- emotional and psychological stress;
- the presence of harmful, toxic substances in the environment.
But depending on the field of professional employment, positions may vary slightly and have their own characteristics.
In the field of trade
In this case, harm at the place of employment is associated with positions that are present in trade.
For example, when a woman is engaged in sales of household chemicals. Despite the relative safety, it is worth limiting the influence of fumes of this kind.
The same goes for hard work. Often, a salesperson's job involves moving large volumes of goods during the working day.
A prescription in this area can be obtained from a doctor. You should describe to him the features of the work and he will identify the presence or absence of negative factors.
Video: transfer to light labor
In medicine
This area involves contact with the same chemicals. They have the greatest impact on laboratory workers. After all, when conducting research, chemicals, solutions and antiseptics are used.
The revision of the conditions may consist of a transfer to a different work procedure. For example, for general filling out forms and documentation. Which is much more favorable than the constant influence of drugs.
In banks
There is only one risk in this area - interaction with computer technology. The issue of the impact on health has not been fully studied.
In this regard, processing information on a computer and using printers/scanners falls within the scope of the employer’s decision.
He may, at his own discretion, shorten a woman's tenure in such work. The medical responsible person also prescribes the provisions separately.
He has the right to set a limit of working with equipment within three hours a day. Then the employer will have to transfer the pregnant woman to other conditions and replace the remaining hours with other actions. They do all this in the standard manner.
The obligation to create special conditions for women expecting a child falls on the employer. He must take all actions to establish comfort in the workplace.
At the same time, the law stipulates that the woman herself must begin the process. But the employer does not have the right to refuse her this point, as well as to fire her or terminate the agreement with her.
Responsibilities of the Chief
Every boss must fully respect all rights of the employee. The Labor Code provides for updating the work schedule of the expectant mother, taking into account her wishes. In addition to updating the schedule and reducing hours, additional considerations must be taken into account. benefits provided to pregnant women who are officially employed.
The manager will be required to thoroughly comply with all Labor Code norms and rules regarding expectant mothers specified in legislative acts.
Any refusal will be considered an illegal act.
Even if the employee’s desire has a negative impact on her work, it cannot become a reason for refusal. In such situations, the boss and employee try to find a compromise. Usually, during maternity leave, girls hire a temporary worker who will perform her duties temporarily.
The schedule of a pregnant girl should not contain a number of requirements:
- Night shifts should not be included in the schedule of a pregnant woman, who may refuse them in accordance with Art. 96 Labor Code of the Russian Federation;
- Working on weekends and holidays is also prohibited for pregnant women. The boss must comply with these rules specified in Article 112 of the Labor Code of Russia;
- A pregnant employee can work overtime if she wishes, but should not perform additional work. work and work overtime, which is noted in Art. 99 TK;
- Pregnant women should not work on shifts, this is stated in Art. 298.
What does the law say?
Even a normal pregnancy is associated with changes in health status, such as increased fatigue or instability of well-being.
Besides. Many types of work, especially those associated with physical activity, can lead to dire consequences. Therefore, the legislator introduces a number of special rules regulating the work of pregnant women.
This is done to preserve their health, and not to complicate the life of the employer.
Normative base
The main document regulating relations in the field of hired labor is the Labor Code. Most of the rules establishing the rights and guarantees of pregnant workers are contained in it.
The provisions of this law apply throughout the country and for any employers, including individual entrepreneurs.
Labor Code of the Russian Federation
As for women working in municipal or public service positions, in law enforcement agencies, etc., their legal status is determined primarily by special laws. The Labor Code applies only in strictly defined cases.
Rights and guarantees
The Labor Code of the Russian Federation establishes a number of rights and guarantees for pregnant women:
- inadmissibility of refusal to hire on the grounds of pregnancy;
- provision of paid maternity leave;
- ban on dismissal;
- the ability to use annual leave outside of the schedule;
- refusal to travel;
- reduced work schedule;
- translation into “light work”, etc.
Part-time working hours for pregnant women according to the labor code are established at their request. This is a right that a woman can exercise. Or don't use it. The employer cannot force her to transfer to another regime.
The decision is made voluntarily by the woman. If she decides that a 40-hour week of work will not cause harm to her health, then she continues to work as usual until she goes on her due vacation.
The transition to such reduced working hours does not affect the provision of regular leave.
Its terms, duration and calculation of payment do not change. Moreover, a pregnant woman can use her leave outside the schedule by adding it to her maternity leave.
Employer Responsibilities
But the law obliged the employer, based on the written desire of the pregnant employee, to review the duration of her working hours (Article 93 of the Labor Code).
The employer has no right to refuse transfer to part-time work. Even if this means revising the work schedule of the entire team. However, you can always find a reasonable compromise that will suit both parties.
It is also the employer’s responsibility to review the pregnant woman’s schedule.
The legislator prohibits engaging her in work:
- on night shifts (Article 96 of the Labor Code);
- on weekends and holidays (Article 112 of the Labor Code);
- overtime (Article 99 of the Labor Code);
- on shifts (Article 298 of the Labor Code).
Can the sole breadwinner in the family be laid off? Read about it on our website. How to write an application for leave in kindergarten? Find out here.
Shortened working hours for pregnant women
Everyone knows that discrimination against women in the workplace is a fairly common phenomenon. Some employers even force a woman to take a pregnancy test before hiring her. Such actions are illegal and are prosecuted by law. The main thing is to know this and understand that the owner does not have the right to refuse to hire a pregnant woman at any stage.
In various ways, not only bosses try to harass a pregnant woman at work, but also colleagues, to whom some of the responsibilities are transferred. If you need to negotiate amicably with employees, then only knowledge of labor law works with your bosses.
Any pregnant woman, regardless of whether she feels well or not, should be transferred to light work, but with the written consent of both parties. In this case, wages remain the same. Even if the enterprise does not have a position to which a woman can be transferred, the unnecessary burden is removed from her. But are pregnant women's working hours reduced?
Not everyone knows that a reduced (shorter) working day for pregnant women is provided for by law. This issue is regulated by the Labor Code of the Russian Federation, Article No. 93. This regulatory document states that, at the request of the woman herself, the owner (director, manager, etc.) is obliged to transfer the woman to part-time or weekly work, regardless of the form of ownership of the enterprise.
Women of Ukraine are also protected by law, because according to the Labor Code, Article 56, they have the right to a reduction in both the working day and the week. In addition, according to paragraph 9, Article 179, a woman on maternity leave has the right to take work home, if possible, and at the same time receive child benefits and wages.
If the employer refuses this, then the woman can file a corresponding application in court and win it, after which her rights will be restored, and a fine will be imposed on the owner. Many do not bring the matter to trial and ultimately agree to reduce their working hours for pregnant women.
What should a working day be like for pregnant women?
There are three types of time reduction:
- Part-time work for pregnant women.
This means that a woman will work several hours less per day (there is no clear figure, it all depends on the agreement between the parties) - Partial work week.
The length of the working day remains the same, but instead of five days, the woman will work for three. - Mixed type of reduction of working time (day, week) for pregnant women.
Both days (three instead of five) and hours (five instead of eight) are shortened. In order to switch to reduced working hours, you must write an application, sign a bilateral agreement and attach a doctor’s certificate confirming your pregnancy. Unfortunately, as the time decreases, the salary also becomes less (proportionally), which is stipulated by law. But light work is paid at the same level.
Normative base
Article 254 of the Labor Code of the Russian Federation stipulates that an employee for medical reasons can apply for a reduction in working hours. Pregnancy is one of these indications. The employer has the following obligations to the pregnant woman:
- Reducing the duration of a shift at the request of an employee.
- Reducing production standards, if they are present in production.
- Transfer to a workplace with the most favorable conditions.
- Protecting the employee from harmful and dangerous types of production that can negatively affect the woman and the fetus.
- If it takes time to find a suitable vacancy for an employee, she is released from dangerous work throughout the entire period, but receives a full salary.
IMPORTANT! Despite the change in the work schedule, the pregnant woman retains her full salary. If an employee needs to undergo examination or treatment in a hospital setting, she retains her original job and salary for the entire period.
Article 93 of the Labor Code of the Russian Federation stipulates the procedure for reducing shifts. It is determined depending on the wishes specified in the employee’s application. The employer can reduce:
- shift while maintaining a full week;
- shift and week.
- week while maintaining the same shift duration.
How to set up a part-time (shortened) working week ?
Similar benefits are provided to the following groups of persons:
- People who have adopted children.
- Persons with registered guardianship of a child under 14 years of age.
- Employees raising a disabled child under 18 years of age.
- Persons caring for sick relatives (a medical certificate will be required to receive benefits).
ATTENTION! When working hours are reduced, there is no deduction of vacation pay. The length of service is calculated without changes. Salaries are calculated in the same manner: based on hours worked or the totality of work performed.
Features of a shortened day for pregnant women
The provisions of Art. 93 of the Labor Code of the Russian Federation establishes the possibility for pregnant employees to demand that the employer provide them with a shortened working day. At the same time, the employer under no circumstances has the right to refuse the employee to fulfill her demands. An employee can ask the employer to change the duration of individual shifts or all work shifts as a whole, or to change the length of the working week. In this case, it is possible to demand a simultaneous reduction in both the time worked during a shift and the number of total working days per week.
Since working time in this case is recorded in accordance with the time worked, the employer has every right to proportionally reduce the wages of a pregnant employee, as well as any other employees working in accordance with such a regime.
Important fact
The reduced working hours regime, both for pregnant employees and for other employees, can in no way affect the payment of bonuses and other allowances, if any, for employees in similar positions working a full schedule.
Info
As soon as an employee of a medical institution records this fact and provides a certificate, the employee can exercise her right.
It is important to note that in order to reduce the length of the working day, a pregnant woman is not required to provide any additional documents or doctor’s recommendations or prove the fact of poor health. All you need is a standard certificate and an application addressed to the manager
Pregnant women should remember that the right to change the working hours arises regardless of whether the employer is a legal entity or an individual entrepreneur. It also applies to government agencies.
The concept of a shortened working day in legislation
Legislatively shortened working hours are regulated by various articles of the Labor Code. Yes, Art. 92 of the Labor Code of the Russian Federation provides for the introduction of reduced working hours for:
- Certain categories of budget workers, in particular doctors and teachers;
- Minor employees;
- Disabled people, with the exception of group 3;
- For workers in harmful or dangerous conditions.
At the same time, reduced working hours mean establishing less in comparison with generally accepted labor standards without reducing wages. That is, a reduction in the immediate level of production standards.
Part-time working hours are regulated by the provisions of Art. 93 of the Labor Code of the Russian Federation, and provides for a working time shorter than that established by generally accepted standards for the duration of a shift in particular, and the working week in general. This is the basis for the changed payment procedure for employees working in this mode - wages are paid to them based on the amount of time worked, or the volume of work performed.
Thus, with a shortened day, the salary may be lower than the minimum established by law in proportion to the working time spent by the employee.