Pregnant women get not only a new interesting situation, but also new rights. And to use them, they need to know. All rights are directed to preserve the health of mother and future child. Most employers and health workers are afraid to face a pregnant woman, as violating the rights of pregnant women entails severe punishment.
What rights does a pregnant woman have when registering for a women's consultation?
A pregnant woman can by law legally register in any women's consultation and receive free medical care, while not necessarily registering at the place of registration, in theory, you can stand in any women's advice that you like, even if it is located in a neighboring city.
Labor rights for the reception of pregnant women for work
Article 64 of the LC RF clearly states the prohibition of refusal to admit a pregnant woman to work. When hiring an employer, one must take into account only the qualifications and business qualities of a pregnant woman, there should be no discrimination on the part of the employer. The prohibition of discrimination is prescribed in Article 3 of the Labor Code.
If the pregnant woman is sure that she is suitable for the position, but she was refused, she has the right to issue a fixed-term contract or to go to court. When issuing a fixed-term contract, if the woman remains unemployed at the time of entering the decree, she will not receive temporary disability benefits. The employer is obliged to take the pregnant woman to work without any trial period, can not dismiss her at the end of this period, even if the woman did not show the necessary skills in the job. This is stated in Article 70 of the TC.
Dismissal
A pregnant woman can not be dismissed, even under an article (for example, for dishonest work, for absenteeism)! This is spelled out in Article 261 of the Labor Code. The only exception is the liquidation of the enterprise. A woman can leave her position only at her own request.
Other labor rights of a pregnant woman
The woman in the position primarily has the right to shorten the working week or day. However, the law does not provide for the preservation of average earnings, so the payment will be proportional to the time worked.
Individual work schedule is recommended to issue an additional agreement and a separate order (attached to the employment contract). They must specify the requirements for rest and working hours. Individual schedule in the workbook is not indicated, does not affect the length of service, does not imply the compression of the duration of paid leave.
A pregnant woman, in addition to reducing working standards, has the right to demand that she be transferred to another position (which corresponds to the qualification) or to another place, but only for one purpose - to reduce the adverse effect. The average earnings should be preserved if there is no suitable place, then the woman, being in the position, is released from work, while the earnings remain until the suitable place appears.
The employer of a pregnant woman has no right to engage in night duty or overtime work, send in a watch or business trip, involve her in work on holidays and weekends.
The future mother has the right to receive full payment for the maternity leave. The leave comes into force after the pregnant woman takes in the women's consultation a sick leave sheet. The leave of the pregnant woman is strictly fixed and amounts to the expected birth of 70 days and the same days after birth, even if the labor began after the expiry of 70 days. Holidays to the future mother are paid 100% of the average earnings and it does not matter at the same time, how long she worked at the employer before the decree.
While the woman is on maternity leave, her workplace is preserved, reduction or dismissal in this case is not permissible. If a woman is dismissed, she can be reinstated in court. The employer without the consent (in writing) of a woman who is on a decree or on leave for caring for a small child can not transfer her to another position.