Pregnant employees represent to employers a category of persons for whom not everyone is willing to be responsible. In order not to get into an unpleasant situation, every woman in a situation should know her rights and be able to receive a salary in the prescribed amount. It is these nuances that will be discussed in the article.
Pregnancy is definitely a joyous event for every woman. However, with this comes an increased level of responsibility. For this reason, a working pregnant woman must take care of her schedule, conditions and, of course, wages during this period.
Many companies are ambivalent about the pregnancy of their employees. This is explained by the fact that not every employer is ready to let go of a qualified employee and start looking for a new one, as well as incur losses in the form of compulsory payments. In order not to spoil relations with the authorities, it is advisable to notify him as soon as possible about his “interesting” situation.
Pregnancy must be confirmed by a medical certificate, which is an official document. She goes to the personnel department, where she is registered with the assignment of a number. In order to fully protect herself and avoid talking about the fact that nothing was known about the situation, the woman should make a copy of the certificate, on which the head of the personnel department will also put down the number, date and signature.
Legal rights of a woman in a position
Undoubtedly, the most important thing for a woman in a position is the baby's health and her own well-being in general. The law in this case takes the side of the girls.
Several legislative acts will protect you at once: Art. 254, art. 259, art. 255 of the Labor Code of the Russian Federation. According to these articles, a woman has the right to:
- transfer to "light work" from more difficult conditions;
- part-time. At the same time, wages are retained in full;
- refusal of business trips, work on holidays and weekends, work at night or overtime;
- payment for the time spent on medical care and examination;
- vacation;
- a favorable and responsible attitude on the part of the management and the team.
When the employer cannot be offered a job with simplified conditions, then he is faced with a choice between two options: to break the law and leave the woman in her former "harmful" field, or, without endangering her health, to release her from work, while paying money (salary).
Girls in a position are prohibited from:
- lift heavy objects, things off the floor and above the shoulders;
- work on conveyor production;
- work while standing for a long time;
- contact with objects that emit radiation, harmful radioactive substances, infectious agents.
Salary for pregnant women
The size of the salary for a "light" labor process is established by the Labor Code of the Russian Federation. The employer must calculate the payment based on Art. 139 of the Labor Code of the Russian Federation and Decree of the Government of the Russian Federation No. 922 of 24.12.2007.
The calculation takes into account the actually accrued wages and hours worked for the past 12 months.
The basis is the average pay per day, calculated by dividing the total amount paid by the number of days worked.
The average wage is calculated by multiplying the daily rate by the number of working days.
Dismissal during pregnancy
The law of our country protects female employees in position and from dismissal. A pregnant woman can be dismissed only in the event of a complete termination of the activities of the organization or individual entrepreneur. If a division of the company is liquidated, then the pregnant woman must be transferred to another division.
In the event of illegal dismissal, an employee in a position must go to court, collecting the necessary documentation in the form of a dismissal order, a work book. You also need to apply to the Labor Inspectorate. After the application, the rights of the pregnant woman will be restored with a 100% guarantee.
The main thing is not to panic or hesitate. After knowing your rights, you can not give yourself offense to unscrupulous employers.
