Most pregnant women who are still working are interested in the question of whether the employer is able to demote them, because some are not only transferred to other departments, but even wages are cut. It is worth figuring out if this is legal?
It makes absolutely no difference whether a woman is pregnant or not. Article 72 of the Labor Code of the Russian Federation clearly states that only by mutual agreements is any change in the terms of an employment contract possible. And it must certainly be drawn up in writing. In order to demote for various reasons, including pregnancy, the employee as well as the employer must certainly come to a general agreement, and then draw up and sign a certain document.
All possible conditions for transfer to another position must certainly be discussed in it, this option is considered legal. And if the employer decided to be guided by some of his own ideas and simply greatly lowers the employee, then such actions may well be considered illegal, since this violates Article 72 of the Labor Code of the Russian Federation. In this case, you can try to file a complaint with the so-called labor inspectorate or simply get a fair decision through the court.
What to do if the employer decided to threaten with dismissal?
In this case, the situation is absolutely on your side, since according to Article 261 of the Labor Code of the Russian Federation, it is impossible to terminate the contract with a pregnant woman for any reason, even at the initiative of employers. The only exceptions are cases when the company is liquidated or in the event that the entrepreneur himself has decided to cease activities.
Pregnant women, as a rule, have a large number of guarantees that the labor code of Russia can provide them. This is considered justified, since the woman herself must bear a healthy child, who will later become a full citizen. For example, according to article 253 of the Labor Code of the Russian Federation, the labor of most women should not be used in underground and other types of harmful work. The movement of weights by them is also prohibited.
There are certain norms for this. For example, for women, the mass of the load being lifted and also the load being moved in no situation should be more than ten kilograms. And if you have to move loads during the entire work shift, then only 7 kilograms can be transferred as an allowable weight.
On the basis of article 264 of the Labor Code of the Russian Federation, absolutely all pregnant women should be reduced in production rates, as well as standards in service. Or they are simply transferred to some other job. In this case, it is imperative to exclude the possibility of exposure to various production factors. But as soon as a woman is transferred to another position, she should certainly keep the previous earnings that she could receive in another position. There should also be no threat to health.
If we talk about overtime work, as well as work at night, then on the basis of Article 99 of the Labor Code of the Russian Federation, the employer has absolutely no right to involve pregnant women in overtime work. He also has no right to involve pregnant women in work on weekends or send them on a business trip. Women should also not work at night. The demotion is unfounded.
How to counter illegal actions when reducing wages?
If the employer is trying to put pressure on you in some way or simply force you to work, to sign any agreements against your will, you should not succumb to this in any way, especially do not listen to provocations. The truth must be on your side, so nothing should be signed. In the event that the employer has already begun to take illegal actions, then you should urgently go to court, since the rights have already been violated. The limitation period is indicated in article 392 of the Labor Code of the Russian Federation. We hope that this article will allow you to finally understand what's what. Unscrupulous employers are quite common, however, you should definitely fight this, especially if your rights are violated.
Some women are afraid to go to court and just make a bad reputation for themselves, but with the support of a husband, you can muster the courage and get justice. Among other things, you can always consult a psychotherapist if you find yourself in an unpleasant situation. Never let yourself be pushed around and treated like a slave. Some companies practice circumvention of the legislation through certain loopholes. But it's worth knowing your rights and responsibilities. You are completely protected by the law. If you go to court, be sure to hire a lawyer to help you get a court decision in your favor. Nobody can cut you down. You must receive the money in full. This is perfectly legitimate.
