The minimum possible working time for pregnant women. Working conditions for pregnant women

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The pregnancy of one of the employees causes quite natural concern for the employer. The establishment of this fact means that the woman has new rights, and the head of the organization, accordingly, new responsibilities. And their non-fulfillment threatens with responsibility. Consider how to avoid conflict in such a situation. What does the law say? Even a normal pregnancy is associated with health changes such as fatigue or instability. Besides. many types of work, especially those associated with physical exertion, can lead to sad consequences. Therefore, the legislator introduces a number of special rules governing the work of pregnant women. This is done to preserve their health, and not to complicate the life of the employer. Regulatory framework The main document regulating relations in the sphere of wage labor is the Labor Code.

on night shifts (Article 96 of the Labor Code);
on weekends and holidays (art.
overtime (Article 99 of the Labor Code);
on shifts (Article 298 of the Labor Code).

Attention

Page content

Normative base
Registration procedure

The legislation of the Russian Federation reliably protects the rights of pregnant women. The benefits provided to this category of employees are set out in the Labor Code. One of the benefits is the formation of a special shortened working day. It is installed only at the initiative of the employee. Regulatory framework Article 254 of the Labor Code of the Russian Federation stipulates that an employee, for medical reasons, may apply for a reduction in the working day. Pregnancy is one such indication.

Shortened working hours for pregnant women

Special conditions for pregnant workers (which is provided for by the labor code)

many types of work, especially those associated with physical exertion, can lead to sad consequences. Therefore, the legislator introduces a number of special rules governing the work of pregnant women. This is done to preserve their health, and not to complicate the life of the employer. Regulatory framework The main document regulating relations in the sphere of wage labor is the Labor Code.

The right to a shortened working day for pregnant women

It should be noted that the law obliges the employer to reduce working hours to at least 35 hours a week if an employee under the age of 18 is pregnant or has a disability of 1 or 2 groups. But in this case, the need to reduce work is associated with age or health, and not with the fact of pregnancy. Women who plan to exercise their right to reduced hours of work should keep the following in mind:

in proportion to the decrease in the number of working hours, wages will also decrease;
if a pregnant woman goes on maternity leave in the current calendar year, then such a decrease in wages will not affect the amount of maternity payments, since earnings for the past 2 calendar years are taken into account when calculating maternity pay;
the reduction in working hours will also not affect the duration of annual or maternity leave and the accrual of seniority.

At the same time, the expectant mother will not lose her social guarantees and benefits for the period of vacation from the social insurance fund. It should be noted that part-time work does not affect the number of days of vacation payable or seniority, but the corresponding reduction in social contributions may affect other benefits. Also, reduced wages due to a shorter working day will lead to a decrease in the total average earnings, which will affect the amount of vacation pay and travel allowance paid.
An employer cannot require a pregnant employee to work outside the time limits set by the updated shortened schedule, since overtime work for pregnant employees is unacceptable.

Shortened working hours for pregnant women

However, restrictions on the rights of a pregnant woman are not allowed, including her annual leave is not reduced, seniority (including preferential and length of service) is preserved, bonuses are paid, etc. Only in accordance with a medical report. Labor Code of the Russian Federation Article 254. Transfer to another job of pregnant women and women with children under the age of one and a half years Pregnant women, in accordance with a medical report and upon their application, are reduced production rates, service rates, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings in the previous job.

The procedure for reducing the working day for pregnant employees

The application must indicate how many hours the employee wants to reduce her work time and what exactly should be reduced - a working day, a working week, or both. In addition, the application must indicate for how long the employee wants to work part-time. The fact is that it is not at all necessary to switch to a reduced schedule up to going on maternity leave.

Are pregnant women entitled to a reduced working day?

The legislator forbids involving 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).

Working hours for pregnant women under the Labor Code If a pregnant woman wishes to exercise her right to reduce her working hours, she applies to her employer. She can do this at any time. The gestational age or length of service of the woman in the organization does not play any role. Part-time work can also be negotiated immediately upon hiring a woman in a position to work.
You can also return to your normal schedule at any time. Sample application: Sample application for an employee Visiting a doctor at a antenatal clinic Registering and obtaining a certificate of pregnancy imposes on a woman the obligation to undergo periodic medical examinations.

Reducing the working day during pregnancy: when you can count on it

The Labor Code of the Russian Federation provides for the introduction of reduced working hours for: At the same time, reduced working hours mean the establishment of less than generally accepted labor standards without reducing wages. That is, a decrease in the direct bar of production standards. Part-time work is regulated by the provisions of Art.

Attention

The Labor Code of the Russian Federation, and provides for less work time than established by generally accepted standards for the duration of the shift in particular, and the working week as a whole. From this comes the changed procedure for calculating with employees working in this mode - they are paid wages based on the amount of time worked, or - the volume of work performed. Thus, with a reduced day, the salary may be lower than the minimum established by law in proportion to the working time spent by the employee.

How to shorten the working day of a pregnant woman?

The working hours of medical institutions, as a rule, coincide with the working hours of most organizations and enterprises. This means that you have to undergo medical examination during working hours. In order for a woman not to lose her earnings and not refuse medical research on this basis, the legislator provided for a number of measures, namely, the preservation of the average salary for a woman during the medical examination. In addition, her absence from the workplace is not considered absenteeism. Even if she didn't warn the employer. It is enough to take a certificate from the clinic and provide it to the head after visiting the doctor.

Are pregnant women entitled to a reduced work day?

A shortened working day for pregnant women is one of those privileges that a working woman can take advantage of while expecting a baby. The answer to the question of under what conditions working hours can be reduced can be found in this article. Which of the pregnant women is entitled to a reduction in working hours? Rules for the reduction of working hours How is the reduction of working time formalized? Which of the pregnant women is entitled to a reduction in working hours? The main document in which labor guarantees for pregnant women are fixed is the Labor Code. Among other things, he talks about the possibility of reducing working hours for the expectant mother. Subscribe to our channel in Yandex.Zen! Subscribe to the channel Every employee has the right to reduce the duration of work during the period of expectation of a child.
Features The Labor Code of the Russian Federation does not specify the number of hours by which the working day should be reduced. This volume is determined on an individual basis: depending on the wishes of the employer and the pregnant woman herself. As a rule, the shift is reduced by 1-2 hours. An alternative option is to arrange a weekly additional day off.

If pregnancy is accompanied by some negative factors, the shift is reduced by more hours. In particular, this is relevant in the following cases:

1 and 2 disability group for an employee. The working week should not exceed 35 hours.
if the employee has not reached the age of majority. A similar rule applies.

ATTENTION! Reduction of the shift cannot affect the duration of the annual leave or decree.
Page content

Normative base
In what cases is the benefit provided?
Registration procedure
How are short shifts paid?
What to do if the employer refuses to reduce the shift?

Pregnancy is one such indication.

Shortened working hours for pregnant women

Everyone knows that discrimination against women in the workplace is quite common. Some employers, even before hiring a woman, force her to take a pregnancy test. Such actions are illegal and punishable by law. The main thing is to know this, and to understand that the owner does not have to refuse to hire a pregnant woman at any time.

In various ways, a pregnant woman is being harassed at work, not only by her superiors, but also by her colleagues, on whom some of the duties are transferred. If you need to negotiate amicably with employees, then only knowledge of labor law works with superiors.

Any pregnant woman, whether she feels well or not, must be transferred to light labor, 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, she is relieved of an unnecessary burden. But do pregnant women shorten their working hours?

Not everyone knows that a reduced (shortened) 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 a part-time or weekly job, regardless of the form of ownership of the enterprise.

The women of Ukraine are also protected by law, because according to the Labor Code, article 56, they have the right to reduce 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 apply to the court with a corresponding application and win it, after which she will be restored in her rights, and a fine will be imposed on the owner. Many do not bring the matter to court proceedings and eventually agree to a reduction in the working day for pregnant women.

What should be the working day for pregnant women?

There are three types of time reduction:

Shortened working hours for pregnant women

What should be the working day for pregnant women?

There are three types of time reduction:

Everyone knows that discrimination against women in the workplace is a fairly common phenomenon. Some employers, even before hiring a woman, force her to take a pregnancy test. Such actions are illegal and punishable by law. The main thing is to know this, and to understand that the owner does not have to refuse to hire a pregnant woman at any time.

What should be the working day for pregnant women?

There are three types of time reduction:

Part-time work for pregnant women. This means that a woman will work a few hours less per day (there is no clear figure, it all depends on the agreement between the parties)
Part-time work week. The working day remains the same in duration, but instead of five days, a woman will work three.
Mixed type of reduction of working time (day, week) for pregnant women. Days (three instead of five) and hours (five, not eight) are also shortening. In order to switch to reduced working hours, you must write an application, sign a bilateral agreement and attach a certificate from a doctor confirming pregnancy. Unfortunately, with a decrease in time, the salary also becomes (proportionally) smaller, which is stipulated by law. But light work is paid in the same volume.

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Working hours for pregnant women

The provisions that guarantee the work of pregnant women are enshrined in the Labor Code of the Russian Federation. This law provides for a number of rules that establish special working conditions for these categories of employees. Female workers have the right to maternity and childcare leave, benefits and social benefits.

At the same time, during the specified period, they receive the right to reduce the total working time. This means that pregnant women may work less hours than all other categories of workers. However, similar provisions apply to employees who are under 18 years of age or who have a disability.

Working hours for pregnant women

The Labor Code of Russia establishes the same working hours for all categories of employees. The standard rule defines it as 40 hours a week. Such time exists for state and budget employees. However, for a pregnant employee, this time may be reduced. Specified The abbreviation has some features that should be specified in more detail:

The law does not establish a specific limit on the reduction of time 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 the 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, on his own initiative, establish a reduction in time. 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 reason for reducing working time for a pregnant employee is the very fact of her condition, certified by a medical certificate.

Thus, reducing the length of the working day or shift is the unconditional right of the employee and cannot be limited by the organization.

Working hours of 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 a medical fact. Nothing more is required.

Working hours for pregnant women

As mentioned above, the law does not establish specific restrictions. It fixes only their types:

Reducing the length of the work shift. At the same time, the work week remains the same;
Reducing working days while maintaining the same shift duration.

The choice of one or another option depends on the employee and on the characteristics of her professional functions.

Visiting a doctor by a pregnant woman during working hours

The question of whether the employer is obliged to let the pregnant woman go to the 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 let women go to a doctor or hospital. However, they must provide supporting documents. That is, a visit to a doctor or hospital must be supported by relevant medical certificates.

Application of a pregnant woman for a reduction in working hours

Such a statement is mandatory for execution in any organization, regardless of its organizational and legal form. At the same time, it must be understood that a reduction in working hours will inevitably lead to a reduction in wages Therefore, this right should be exercised with caution.

Practice shows that employers reduce the working day by 1 hour. As a rule, this suits both parties. The woman gets extra time with a slight loss in wages. She has such a right from the moment of medical determination of the state of pregnancy. In order to exercise the right, you should apply with a statement to the management.

Reducing the working day during pregnancy: when can you count on it?

Like any other employee of an enterprise, a woman who is expecting a child is protected by the Labor Code. According to this set of operating rules, pregnant employees of the company have the right to demand certain special privileges from their management. These include, for example, shorter working hours for expectant mothers.

In what case can a pregnant woman count on a reduction in the working day?

Every pregnant woman has the right to a shorter working day

By law, any worker who is "in position" can rightfully ask her employer to reduce her working hours, regardless of how far she is pregnant.

To do this, you just need to provide the employer with a certificate from the antenatal clinic, confirming that the petitioner will soon become a mother.

Any accompanying documents indicating that a reduction in the length of the working day for a particular employee is necessary for certain medical reasons related to pregnancy are not required by law to be issued.

At the same time, it is important to understand that the employer himself does not have the right to transfer a pregnant employee to a part-time job without her consent. The initiative in this matter always comes from the worker herself.

This means that if, at the moment, material gain is a priority for an expectant employee, she, as before, can perform her job duties forty hours a week.

If a pregnant employee is interested in reducing her working day, the employer is obliged to provide her with such an opportunity. This rule applies not only to public institutions, but also to private enterprises, including individual entrepreneurs.

What is the principle of reducing working hours for pregnant employees?

Both public and private organizations should meet the needs of pregnant employees

The Labor Code does not stipulate on what basis and by how many hours a week working hours for pregnant women should be reduced. As a rule, this issue is resolved by personal agreement between the employee and her employer, that is, on an individual basis.

Usually, employers offer expectant mothers the following options for reducing working hours:

reducing the duration of daily work shifts (usually by one hour);
reduction of the working week with additional days off (as a rule - no more than one per week) and maintaining the duration of the shifts themselves;
"mixed" option, which implies both the reduction of daily work shifts and the weekly receipt of additional days off

When agreeing to one of the above options for reducing working hours, the expectant mother should keep in mind the following:

By law, the employer has the right to reduce the salary of a pregnant employee in proportion to the number of working hours that she refused.
The reduction in working hours does not affect the accrual of seniority.
When calculating maternity payments for an employee, the accounting department takes into account the amount of her salary for the previous 2 calendar years. Therefore, a decrease in income due to a reduction in working hours cannot affect the amount of the benefit due.
When calculating the duration of the prescribed maternity leave for a pregnant employee, the fact that she worked for some time in the reduced working time mode will not be taken into account.

For some special cases, for example, when it comes to the pregnancy of a minor or an employee with a disability, the Labor Code of the Russian Federation has clear instructions regarding the reduction of working hours.

The performance of labor duties by such workers should not take them more than 35 hours a week. However, this restriction is connected, rather, with concern for the often poor health of employees from the “risk category”, and not with the very fact of their pregnancy.

How can I formalize the reduction of working hours for a pregnant woman?

Help from the LCD - a document that will be required

As mentioned above, in order to prove their right to work in the mode of a shortened working week, it will be enough for the expectant mother to visit a antenatal clinic and receive a special certificate there confirming the fact of pregnancy.

After that, the employee can, with a clear conscience, begin to write an appropriate application addressed to the head of her organization.

What exactly should be mentioned in this statement?

Be sure to indicate how many hours, and also in what mode (reduction of the work shift, work week, or both at once) you want to cut your working time. Clearly define the time limits (from a week to several months) within which you plan to work in the reduced working time mode.

Mention the presence of a medical certificate from the antenatal clinic documenting the fact of your pregnancy (it will need to be attached to the application). It is better to prepare this petition in at least two copies. One - is given to the head, the second, with a special mark from the personnel service on the acceptance of the document for consideration, will remain in the hands of the petitioner.

It should be understood that a pregnant employee is not entitled to start working on an “updated” schedule before her employer has prepared all the necessary official documents. Among them:

an appendix to the current employment contract with a detailed description of the new mode of operation and an indication of the wages established for a particular employee;
a special order on the entry of the above changes into force.

Otherwise, the employee can be legally held liable for her violation of the internal labor regulations, even despite her pregnancy. However, if the employer is in no hurry to complete the necessary documentation on time or even denies the expectant mother her right to work on a special schedule with a reduced working week, it will be possible to sue him. To do this, a pregnant employee will only need to apply with a relevant application to the labor inspectorate.

What rights and benefits do pregnant women and young mothers have at work? Look for the answers in the video consultation:

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office work

The pregnancy of one of the employees causes quite natural concern for the employer.

The establishment of this fact means that the woman has new rights, and the head of the organization, accordingly, new responsibilities. And their non-fulfillment threatens with responsibility.

Consider how to avoid conflict in such a situation

What does the law say?

Even a normal pregnancy is associated with health changes such as fatigue or instability.

Besides. many types of work, especially those associated with physical exertion, can lead to sad consequences. Therefore, the legislator introduces a number of special rules governing 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 wage labor is the Labor Code. Most of the norms that enshrine the rights and guarantees of pregnant workers are contained in it.

The provisions of this law are valid throughout the country and for any employer, including individual entrepreneurs.

As for women working in positions of municipal or state service, in law enforcement agencies, etc., their legal status is determined, first of all, by special laws. The Labor Code applies only in strictly defined cases.

Rights and warranties

The Labor Code of the Russian Federation establishes a number of rights and guarantees for pregnant women:

Part-time work for pregnant women according to the labor code is 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 by the woman voluntarily. If she decides that a 40-hour week of work will not be detrimental to her health, then she continues to work as usual until she takes her vacation.

The transition to such reduced working hours does not affect the granting of the next vacation.

Its terms, duration and calculation of payment do not change. Moreover, a pregnant woman can use her vacation outside the schedule by adding maternity leave.

Employer's obligations

But the law obliged the employer, according to 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 to transfer to part-time work. Even if for this you have to revise the work schedule of the entire team. However, you can always find a reasonable compromise that will suit both parties.

It is also the responsibility of the employer to review the schedule of a pregnant woman.

The legislator forbids involving 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).

How to write an application for leave in kindergarten? Find out here.

Working hours for pregnant women according to the Labor Code

If a pregnant woman wishes to exercise her right to a reduction in her working hours, she applies to her employer.

She can do this at any time. The gestational age or length of service of the woman in the organization does not play any role.

Part-time work can also be negotiated immediately upon hiring a woman in a position to work. You can also return to your normal schedule at any time.

employee application template

Visiting a doctor in a antenatal clinic

Registration and obtaining a certificate of pregnancy imposes on a woman the obligation to undergo periodic medical examinations.

In order for a woman not to lose her earnings and not refuse medical research on this basis, the legislator provided for a number of measures, namely, the preservation of the average salary for a woman during the medical examination.

In addition, her absence from the workplace is not considered absenteeism. Even if she didn't warn the employer. It is enough to take a certificate from the clinic and provide it to the head after visiting the doctor.

Norms of time and reduction of its duration

Reducing working hours due to pregnancy is possible in the following options:

For example, manager Tarelkina's working day is reduced from 8 hours to 6.5, and cleaning lady Chashkina is offered to work 4 instead of 5 working days.

Establishment of a part-time job

The procedure for establishing a partial day for a pregnant woman will be as follows:

Get a certificate of your condition from the antenatal clinic.
Write an application to the head of the organization. In it, indicate exactly how you would like to reduce working hours: shorten the day or get an additional day off. The duration of such a regime is also indicated. This can be either all the time before maternity leave, or a shorter period of time.
Submit the application and certificate to the personnel department. It will not be superfluous to write a statement in two copies. This will help in the event of a dispute.
Familiarize yourself with the order on the establishment of a part-time day and sign it.
Sign an additional agreement to the employment contract and keep one copy.

If the employer refused to change the working time, a woman can protect her rights by filing a complaint with the labor inspectorate. This will require a second copy of the application and a certificate of pregnancy.

How are minors paid? Look here.

How to fire a single mother with a disabled child? Read here.

The documents

For a woman to apply for a part-time job, one document is enough - a medical certificate. Her absence gives grounds to consider absenteeism from work and impose a disciplinary sanction.

The employer, having received an application and a certificate, issues an order to establish part-time work, and then draws up an additional agreement to the employment contract, since such a regime entails a change in pay.

Payment nuances

Part-time work, unlike shortened, also involves a proportional reduction in pay (part 2 of article 93 of the Labor Code). The law does not oblige the employer to keep the employee who works less than the previous earnings.

The legislator does not make exceptions for pregnant women.

The fact of a change in wages is reflected in the supplementary agreement to the employment contract. An employee is not entitled to require the employer to maintain her previous salary if she has signed a part-time agreement.

Accounting for hours worked in the timesheet

The legislator does not establish a minimum limit for part-time work for a pregnant woman. As, in fact, the "ceiling".

They are determined by the parties themselves. It is precisely this agreed time that is entered in the time sheet. This is necessary for correct billing. If summarized accounting is kept or the work schedule is flexible, then the time actually worked every day is put down in the time sheet.

It is noted in the report card and the time of passing the mandatory medical examination on the basis of a supporting document.

For this, a special cipher is used. Since payment for this period is made in the amount of average earnings, it is taken into account separately.

The procedure for reducing the working day for pregnant employees

Normative base

Article 254 of the Labor Code of the Russian Federation stipulates that an employee, for medical reasons, may apply for a reduction in the working day. Pregnancy is one such indication. The employer has the following obligations to the pregnant woman:

Decreasing the duration of the shift at the request of the employee.
Reducing production rates, if they are present in production.
Transfer to a workplace with the most favorable conditions.
Protecting an employee from harmful and dangerous types of production that can adversely affect the woman and the fetus.
If it takes time for an employee to find a suitable vacancy, 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 remains in full salary. If an employee needs to undergo an examination or treatment in a hospital, she retains her original job and wages for the entire period.

Article 93 of the Labor Code of the Russian Federation stipulates the procedure for reducing the shift. It is determined depending on the wishes indicated in the application of the employee. The employer can reduce:

shift while maintaining a full week;
shift and week.
week while maintaining the duration of the shift.

Similar benefits are provided to the following groups of persons:

People who have adopted or adopted children.
Persons with legal custody of a child under the age of 14.
An employee who is raising a disabled child under the age of 18.
Persons caring for sick relatives (a medical certificate will be required to receive benefits).

ATTENTION! When the working day is shortened, there is no deduction of vacation pay. The seniority is calculated without changes. The salary is calculated in the same order: on the basis of hours worked or the totality of work performed.

In what cases is the benefit provided?

Any pregnant woman can demand a reduction in the working day, regardless of how long she is. Benefits can be provided at both early and late stages. Regardless of the period in which the working day is reduced, an appropriate medical opinion from a gynecologist will be required. The usual certificate from the antenatal clinic is enough. Special documents about the difficult course of pregnancy, poor health are not needed.

Claiming benefits is a right, but not an obligation, of an employee. If the pregnant woman wants to continue working as before, it is enough not to apply for a reduction in the day to the employer.

IMPORTANT! These rules are relevant for any employer organization: budgetary institutions, individual entrepreneurs, commercial structures.

Peculiarities

The Labor Code of the Russian Federation does not specify the number of hours by which the working day should be reduced. This volume is determined on an individual basis: depending on the wishes of the employer and the pregnant woman herself. As a rule, the shift is reduced by 1-2 hours. An alternative option is to arrange a weekly additional day off.

If pregnancy is accompanied by some negative factors, the shift is reduced by more hours. In particular, this is relevant in the following cases:

1 and 2 disability group for an employee. The working week should not exceed 35 hours.
if the employee has not reached the age of majority. A similar rule applies.

ATTENTION! Reduction of the shift cannot affect the duration of the annual leave or decree.

Registration procedure

The following stages of reducing the shift or working week can be distinguished:

A pregnant woman applies to a antenatal clinic for a certificate of status.
Contact the HR department of the company.
Drawing up 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.
Issuing an order to change the work schedule.

The order also requires you to set out the procedure for changing payroll.

Application example

The application is not standardized and can be made in free form. However, it must contain all the necessary information. When compiling, you can focus on the following example:

Director of Orion LLC

from project manager

I ask you to reduce the work shift by 1-2 hours due to pregnancy on the basis of Article 93 of the Labor Code of the Russian Federation. In confirmation of pregnancy, I enclose a certificate dated 08.09.2016 with registration number 0667785.

/Sidorova/ Sidorova E.I.

At the end of the application, the signature and date of compilation must be affixed. The exact content of the document depends on the wishes of the employee. For example, it may require the establishment of a four-day work week with an additional reduction of the shift by an hour.

ATTENTION! The document is drawn up in two copies. One of them remains in the personnel department, the other - in the hands of an employee. On the second copy, a mark is placed on the registration of the application in the appropriate journal. This is necessary in order to confirm the fact of paper submission.

The application may include additional requirements. For example, if an employee does not want to shorten her shift before the pregnancy is over, she can ask for a change in the work schedule for several months or weeks.

How are short shifts paid?

Wages may be reduced if the working day is shortened. The order of its reduction depends on the principles of accrual:

By the number of hours worked.
By the amount of work done.

In the first case, the size of the reduction is determined by the number of hours for which the shift was reduced. In the second case, a woman can maintain the previous level of salary if she fulfills the prescribed norm. However, this rate is also reduced at the request of the pregnant woman.

The benefit has almost no effect on the amount of vacation or maternity pay. However, if a woman worked on a modified work schedule for a long time, the amount of payments may be slightly reduced.

This is due to the fact that when calculating maternity leave, the average salary for the last two years is taken into account. During the period of the benefit, it may decrease, which will affect the final result of the calculations.

What to do if the employer refuses to reduce the shift?

The employer does not have the right to refuse to provide the required benefits to a pregnant woman. If he refuses to change the schedule, it makes sense to contact the labor inspectorate. If after checking nothing changes, you should go to court. Such cases are dealt with without payment of duties to workers. You cannot reduce your shift on your own, as this can be perceived as absenteeism or lateness, which will give grounds for dismissal.

Reducing the working day during pregnancy: when you can count on it

The main thing is to know this, and to understand that the owner does not have to refuse to hire a pregnant woman at any time.

What should be the working day for pregnant women?

There are three types of time reduction:

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Hair dye for pregnant women

A woman should always be beautiful, and if before pregnancy you constantly dyed your hair, then what should you do now? Believe in omens and superstitions, and walk around with unkempt hair? Or still choose a sparing safe hair dye? Rather the second! And we will help you with this.

Yoga for pregnant women 3rd trimester

The best option for physical activity during pregnancy, especially in the 3rd trimester of pregnancy, is yoga, since this type eliminates sudden movements and is performed at a measured pace. However, caution must be exercised here as well.

How many hours a pregnant woman must work per day by law?

When a woman finds out about her pregnancy, in addition to the pleasant necessary hassle of preparing for replenishment in the family, she has many questions. These issues include issues related to work, relations in the team during pregnancy, the rights and obligations of a pregnant employee. A woman needs to deal with all the nuances in order to remain calm, self-confident, worry less and enjoy her new state.

Of course, you are happy about the upcoming replenishment, but it is quite possible that your superiors will be upset. After all, they do not want to part with an experienced employee, endure possible costs, change planned schedules, and so on. The best solution would be to quickly bring proof of your pregnancy to work without delay. Such proof, first of all, is a certificate of pregnancy. A certificate is issued by the women's consultation, where you become registered. This certificate is an official document, the personnel department is obliged to register it and assign a registration number. For your own peace of mind, it is recommended to take a copy of this certificate with the number put on it, the signature of the head and the date the certificate was received. This is done in order to ensure that in the event of unpleasant conflict situations with superiors, employers are deprived of the opportunity to say that they did not know about your situation at all.

In the forty-first chapter of the Labor Code of the Russian Federation, article 261 provides information on the impossibility of terminating the contract between an employer and a pregnant employee. The only exception is when the organization is liquidated. But even when your job is liquidated, your seniority is not interrupted, and you must be assigned monetary compensation.

The same article refers to temporary contracts: if an employee’s employment contract expires during pregnancy, she needs to write an application for its extension before her maternity leave, and the boss is simply obliged to sign it.

In the Criminal Code of the Russian Federation, in Article 145, it is written about the responsibility for employers who illegally dismissed or did not accept a pregnant woman for a vacancy.

Article 254 of the Labor Code of the Russian Federation informs about the transfer to another job of pregnant women and women with children under the age of 1.5 years. And Article 259 (Labor Code) says that pregnant women cannot be sent on business trips, they cannot be involved in any overtime work, they cannot be involved in work at night, on non-working holidays.

As for the length of the working day, the Labor Code of the Russian Federation does not fix the maximum length of the working day for a pregnant worker.

The right to a shortened working day for pregnant women

If necessary, the employee may submit a medical report to the employer. In it, the doctor, focusing on the well-being of the employee, will write a ban on the duration of the working day for more than eight hours. In the presence of such a medical opinion, the authorities are obliged to issue an order and take it into account when drawing up the working day schedules of a pregnant employee.

Labor legislation provides for special benefits for pregnant workers, including those who wish to continue working. The reduced day is also referred to the preferential organization of labor activity - work according to a special worker established for privileged categories of workers.

Any working woman can take advantage of this privilege while waiting for the birth of a baby.

But at the same time, it should be remembered that the reduced operating time is set not automatically (due to pregnancy). The employee will have to take the initiative and contact the head of the enterprise, organization or institution with a corresponding written request.

According to Article 254 of the Labor Code, a shorter day can be established for medical reasons (and at the request of the employee).

Employers are also required to reduce production rates or transfer a woman to a workplace with more favorable conditions for her health.

It is necessary to exclude all harmful or dangerous factors that may threaten the life of the child and the health of the mother. At the same time, the salary at the previous workplace is retained by the employee in full.

The 93rd article of the Labor Code displays the procedure for granting a shortened working day. Depending on the request of the employee displayed in the application, the employer establishes an abbreviated:

shift;
a week;
day.

At the same time, adoptive parents or guardians of children under the age of fourteen can count on the same benefit. And if we are talking about the upbringing of a disabled person, benefits are provided until he is eighteen years old. In addition, persons with an appropriate medical certificate can reduce the working time.

Part-time work does not entail any restrictions in the accrual of vacation funds or calculation. Remuneration is carried out according to a proportional system - that is, depending on the hours worked or the volume of work performed.

Which pregnant women are eligible?

Any pregnant worker has the right to reduce the shift or working day regardless of the gestational age. Therefore, you can get such a benefit both at an early and late date. But at an early stage, mandatory medical confirmation of the status of the employee is required. At a later date, the woman’s condition is obvious, but a certificate from a medical institution will also have to be provided (these are the rules).

A woman has the right to refuse reduction. Employers have no right to insist on changing the work schedule.

If a woman wants, she continues to work 40 hours a week until the very moment of delivery.

It should be noted that the employee is not required to confirm her poor health - there is no need to provide additional medical prescriptions. It is enough for her to simply indicate the fact of pregnancy. The usual documents from the antenatal clinic will be sufficient to confirm the request summarized in the application.

This is due to the special status of a woman carrying a baby. Pregnancy always puts a strain on the female body, so the expectant mother needs additional rest without any additional conditions. And this right to rest is assigned to pregnant women at the legislative level.

Important! The general rules for reducing the time of work for this category of workers apply to all employers without exception - state institutions and organizations, commercial enterprises and individual entrepreneurs.

Establishment rules

Labor legislation provides for three options for reducing the work schedule:

the duration of the shift is reduced, but the week remains full;
the week is reduced, but the duration of the shift remains the same;
the duration of the week and the shift are reduced at the same time.

But at the same time, it is not established at the legislative level for how many hours or days the reduction should be made. In each individual case, an individual approach is applied - the employer coordinates this issue with the employee. In practice, the day or shift is often reduced by one to two hours. Or an extra day off every week.

With additional factors, the reduction can be made in a larger volume, but this is not due to pregnancy, but to the special condition of the employee:

with an existing disability group (first or second), working hours per week are reduced to at least 35 hours;
the same rule applies to pregnant workers who have not yet reached the age of eighteen.

Women applying for a reduction in the number of working hours or days should consider that:

Simultaneously with the reduction of hours allotted for work, they will lose some part of their wages (income will decrease).
When issuing a decree, the presence of a reduced work schedule will not affect the amount of accrued. The calculation takes into account the last two years of employment.
The reduction cannot affect the duration or the decree.
The reduction in the number of working hours also does not affect the amount of accrued vacation pay.

Registration procedure

At the first stage of documenting, the employee should contact the specialists of the antenatal clinic located at the place of her residence.

The doctor will issue a special certificate confirming the fact of pregnancy.

With the document received at the medical institution, the employee must come to the personnel department of the enterprise, organization or institution in which she works. Here you need to write a handwritten application and attach the indicated certificate to it.

The document does not have a unified form, so it is filled out at the discretion of the employee. However, the document must contain the following mandatory items:

an appeal to the head indicating his last name, first name, patronymic and position held;
the name of the document, placed in the center of the A4 sheet;
a brief request to establish a reduced work schedule (here a reference is made to Article 93 of the Labor Code);
an indication of the supporting document (registration number and date of issue of the certificate);
the signature of the employee and the date of preparation (submission) of the application.

It is also necessary to clarify in the application what kind of reduction the employee is counting on. If we are talking about reducing the shift, she should indicate by how many hours the working day needs to be reduced. For example, you can set a three-day week and a six-hour day.

It is not necessary to establish such a schedule until the moment of delivery. If desired, the employee can change the work schedule for just a few weeks.

The employer leaves a resolution on the received application and orders to prepare an additional agreement. Employees of the personnel department prepare this document in two copies.

After the agreement is signed by both parties, an order is issued in which the manager orders to change the work schedule and the procedure for remuneration for the specified employee. This completes the documentation.