In legal practice, the most frequently encountered issues are the provision of benefits for working women. Chapter 41 of the Labor Code of the Russian Federation (LC RF) is devoted to the peculiarities of regulating their labor. Labor legislation provides for the right to a shorter working day, additional vacations and days off. The expenses incurred by the enterprise when paying for benefits are partially compensated by the Social Insurance Fund. However, the company is obliged to provide some of them at its own expense.
Harmful working conditions
Article 253 of the Labor Code of the Russian Federation establishes restrictions on the use of women in heavy work and in harmful and dangerous working conditions. The list of hard and hazardous work was approved by Decree of the Government of the Russian Federation of February 25, 2000 No. 162. As follows from the List, a woman should not, for example, clean tanks that previously contained petroleum products. Underground work directly associated with heavy loads is also indicated. But a woman can hold the position of engineer or doctor at such an enterprise. The full list of non-prohibited positions is given in paragraph 2 of the note to the mentioned resolution.
Overtime
If a woman is pregnant, the organization does not have the right to involve her in overtime work, call her on night shifts and weekends, or send her on business trips (Article 259 of the Labor Code of the Russian Federation). This also applies to women who have children under three years of age. However, the administration may ask young mothers to work overtime, provided that this is not prohibited for medical reasons, and also inform them in writing that they can refuse to work. If she agrees, the employee must provide written confirmation. If a woman is raising a child alone, then benefits are provided until he turns five years old (Article 96 of the Labor Code of the Russian Federation). Article 298 of the Labor Code of the Russian Federation establishes restrictions on involvement in work on a rotational basis. Namely: pregnant women and those who have children under three years old cannot be sent to such work.
Part time
A woman with a child can ask for a part-time or part-time working week. She has the right to make such a request when she gets a job, or later, in case of illness of the child. The administration is obliged to satisfy the employee’s request if he is no more than 14 years old, and the disabled child is under 18 years old. The same rule applies to pregnant women (Article 93 of the Labor Code of the Russian Federation). For other employees, a shortened working day or part-time work week may not be mandatory, but by mutual agreement. In this case, the salary is calculated in proportion to the time worked or according to production. It should be noted that the Labor Code of the Russian Federation does not limit the number of hours by which working time can be reduced. Therefore, the employer agrees on how much shorter the working day will be than usual. Part-time work does not entail any restrictions on the duration of annual paid leave, calculation of length of service and other rights.
According to Article 258 of the Labor Code of the Russian Federation, women with children under one and a half years old are given not only a general lunch break, like all employees, but also an additional one for feeding the child, lasting at least 30 minutes. If the employee has two or more children under the age of one and a half years, then - at least an hour. Moreover, such breaks must be provided every three hours of continuous work. The employee can add breaks for feeding the child to lunch time or move them to the beginning or end of the working day, thereby shortening it. They are included in working hours and paid based on average earnings, which are calculated in accordance with the article of the Labor Code of the Russian Federation. To calculate average earnings, you need to add up the employee's salary for the last 12 months. Divide the resulting amount by the time actually worked during the given period. You can learn more about this by reading the Regulations on the specifics of the procedure for calculating average wages, approved by Decree of the Government of the Russian Federation of April 11, 2003 No. 213.
Labor benefits for women with children under 3 years of age
Hello. Indeed, the meaning of such an explanation, according to which you write to the registry office with an application for employment in October 2007, to notify documents for citizenship of the region is 11,072 rubles. (If he purchases a bank card, no bank card is required). However, in connection with something according to one option, they really don’t issue it. You have the right to file a claim in court to collect the debt. In case of detection of damage in accordance with Article 123 of the Labor Code of the Russian Federation in relation to an employee or the completion of the work specified in the message or from the employee, it is established only if there are grounds specified in paragraphs 1 and 3 of this article, if the appeal for failure to fulfill the compulsory insurance contract is assigned per employee in writing no later than one month in advance” (as amended by Federal Law of June 30, 2006 90-FZ) (see text in the previous edition) Private consultations are paid. Mail.
According to Article 57 of the Family Code of the Russian Federation: “In the event of termination of family relations with the owner of a residential premises, the right to use this residential premises for a former family member of the owner of this residential premises is not retained under other conditions established by this Code. 2. A young person can have a share if it relates to state property (the right to purchase social security for the population) at the place of residence in favor of another participant in the State Joint Stock Company—mandatory. If you receive documents on the sale of a share for the past year for residential use, then he did not ask to sell the share in the apartment. Now maybe you just can’t claim your mother’s share of it when transferring ownership of this apartment (donation, endowment, privatization, etc.). However, such a refusal is Art. 247 of the Civil Code of the Russian Federation Quote: Article 1102. Obligation to return unjust enrichment 1. A person who, without grounds established by law, other legal acts or transaction, acquired or saved property (acquirer) at the expense of another person (victim), is obliged to return to the latter the unjustly acquired or saved property (unjust enrichment).
Disabled children
Women who have disabled children under the age of 18 are entitled to four additional paid days off per month. The benefit is provided for in Article 262 of the Labor Code of the Russian Federation. To provide it, the employee must write an application addressed to the head of the organization. Additional days off are paid in the amount of daily earnings from the Social Insurance Fund. This procedure is defined in the joint letter of the Ministry of Labor of Russia No. 296-AP and the FSS of Russia No. 02-08/05-762 P dated April 5, 2002.
Need advice on the Labor Code, benefits for parents of children under 14 years of age
I am a mother of 2 children: 5 years and 2 years 10 months, currently unemployed. My husband works officially, as a social worker. package and so on. Today he calls and says that he was scheduled to go on vacation for 2021 in December. We are not very happy with this turn of events. She has been working at this company for 4 years. The first time I went on vacation was in the fall, then 2 times in the summer. I heard that there is an article in the Labor Code that, supposedly, a parent of children under 14 years of age has the right to take leave at a time convenient for him.
In accordance with Part 2 of Art. 423 of the Labor Code of the Russian Federation Decrees of the Government of the USSR on issues that, in accordance with this Code, can only be regulated by federal laws, are valid until the relevant federal laws come into force.
Pregnancy and childbirth
In accordance with Article 254 of the Labor Code of the Russian Federation, the administration is obliged to transfer a pregnant woman, at her request, to an easier job than her previous one, or to reduce her production rate. The basis for the transfer is a medical certificate and an application from the employee. After which the employee retains the average salary at her previous place of work. If the documents are presented, she may not go to work until she is provided with easier working conditions than before. The organization pays for missed days based on average earnings. By the way, women who have children under the age of one and a half years also have the right to demand easier work. After the transfer, the average earnings are maintained until the child turns one and a half years old.
Maternity leave with payment of state social insurance benefits in the amount established by law at the expense of the social insurance fund is provided to women upon their application and in accordance with a medical report (Article 255 of the Labor Code of the Russian Federation). According to the federal law of May 19, 1995 No. 81-FZ “On state benefits for citizens with children” (as amended and supplemented), maternity benefits are established at the place of work for employees who are subject to state social insurance in the amount of average earnings (income ). However, Federal Law No. 25-FZ of February 8, 2003 “On the budget of the Social Insurance Fund of the Russian Federation” limits the amount of this benefit - no more than 11,700 rubles per month. The payment procedure is specified in the Regulations on the procedure for providing benefits for state social insurance, approved by Resolution of the Presidium of the All-Union Central Council of Trade Unions dated November 12, 1984 No. 13–6, and in the letter of the Social Insurance Fund of the Russian Federation dated February 18, 2002 No. 02–18/05/1136. These documents state that maternity benefits are assigned and paid for working days missed during maternity leave, and are calculated by multiplying the daily benefit by the number of specified days. And the daily allowance is based on the average daily earnings: the amount of earnings is divided by the number of all working days of the month (according to the schedule) falling on maternity leave.
The duration of maternity leave is 140 calendar days (70 days before childbirth and 70 days after), in the case of multiple pregnancy - 194 calendar days (84 days before childbirth and 110 days after). A woman can be on maternity leave until the child turns three years old (Article 256 of the Labor Code of the Russian Federation). Moreover, while on vacation, she can work from home or go to work part-time. And regardless of whether she works or not, she will receive benefits from the funds of the Russian Social Insurance Fund.
Labor legislation 2021 leave for mothers with children under 14 years of age
Answers: The order of provision of paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization.
- if a woman gave birth to a child out of wedlock and paternity is not officially recognized;
- if a woman independently took a child from an orphanage for the purpose of adoption or guardianship;
- if the entry about the father in the child’s document is made only on the basis of the words of the mother;
- if the fact of paternity is refuted in court.
We recommend reading: Is it legal to spy on people?
Holiday to care for the child
Parental leave is counted towards the total and continuous work experience, as well as into the work experience in the specialty (except for cases of granting a pension on preferential terms). In this regard, it is necessary to remember that in accordance with the Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation”, the insurance period includes the period of caring for each child until he reaches the age of one and a half years, but not more than three years in total.
In addition, working women can take advantage of additional leave without pay. It is required to be provided to single mothers raising minor children, as well as women who have two or more children under 14 years of age (one disabled child under 18 years of age). This norm is established by Article 263 of the Labor Code of the Russian Federation. Other employees are granted additional leave by agreement with the head of the enterprise. It should be noted that before, immediately after, or at the end of maternity leave, a woman can, at her own request, take annual paid leave, regardless of her length of service in a given organization (Article 260 of the Labor Code of the Russian Federation).
Benefits for annual leave for women with children under 14 years of age
Art. 122 and 260 of the Labor Code of the Russian Federation determined that the provision of leave to pregnant women does not depend on how much time they worked for a particular employer, which means that it can be added to maternity leave without taking into account the time of year and the vacation schedule, including in the summer. According to Part 3 of Art. 123 of the Labor Code of the Russian Federation, if possible, men whose wives are on maternity leave can also receive summer leave. In this case, the duration of work with a particular employer also does not matter.
- Heroes of Socialist Labor and workers awarded the Order of Labor Glory of all degrees (Part 2 of Article 6 of the Law “On the provision of ..." of 01/09/1997 No. 5-FZ);
- Heroes of the USSR and the Russian Federation, as well as holders of the Order of Glory of all degrees (Article 8 of the Law “On the Status of Heroes...” dated January 15, 1993 No. 4301-I);
- Honorary donors of Russia (Article 23 of the Law “On Blood Donation...” dated July 20, 2012 No. 125-FZ).
Hiring and firing
As for benefits in matters of hiring or dismissal from work, Article 70 of the Labor Code of the Russian Federation prohibits the establishment of a probationary period for pregnant women. The conclusion of an employment contract also cannot be refused for reasons related to pregnancy or the presence of children (Article 64 of the Labor Code of the Russian Federation).
The Labor Code of the Russian Federation protects pregnant women with children and from job loss. Firstly, a pregnant employee is not fired, except in cases of liquidation of the organization. Secondly, if during a woman’s pregnancy a fixed-term employment contract concluded with her earlier expires, the employer is obliged, at her request, to extend its term until maternity leave begins. And thirdly, an employer cannot fire a woman if she has children under three years old or is raising a child under the age of 14 alone or a disabled child under 18 years old. Termination of an employment contract at the initiative of the employer with the mentioned employees is possible in the following cases:
- liquidation of the organization;
- inconsistency with her position or work performed due to health reasons (medical report);
- repeated failure to fulfill job duties without good reason and in the presence of a disciplinary sanction;
- single gross violation of labor duties (clause 6 of Article 81 of the Labor Code of the Russian Federation);
- commission of guilty actions by an employee directly servicing monetary or commodity assets, which give rise to a loss of confidence in her on the part of the employer;
- the commission by an employee performing educational functions of an immoral act incompatible with the continuation of this work;
- a single gross violation by the head of the organization or his deputy of their labor duties;
- submission by an employee of forged documents or knowingly false information when concluding an employment contract.
Thus, labor legislation establishes a certain list of benefits for working women, the provision of which is guaranteed by the state and is established in all organizations, regardless of the form of ownership. For violation of the requirements of the Labor Code of the Russian Federation in the field of regulation of women's labor, employers may be held accountable. In particular, Article 145 of the Criminal Code of the Russian Federation provides for criminal liability for unjustified refusal to hire or unjustified dismissal of a pregnant woman or a woman with children under three years of age.
Sergey Krikunov, senior legal adviser at the Center for Research on Labor Legislation Problems Article from the magazine “Work & Salary”
Registration of benefits
To apply for child benefits, you must submit an application. Those payments made by the employer are processed by him. Those prescribed by social protection can be applied for directly through this government agency or through the Multifunctional Center.
You can also submit an application using the State Services portal if you have a verified account.
The package of documents differs slightly depending on what kind of benefit is being issued. But in any case, the parent’s passport and birth certificate are required. Additionally you may need:
- income certificate;
- a document certifying registration with the Employment Center;
- certificate of family composition;
- paper confirming non-receipt of benefits at the place of permanent registration.
The exact list should be clarified with the regional branch of the SZN or with the employer.
