1. Article 259 of the Labor Code of the Russian Federation establishes guarantees that apply respectively to:
2. Prohibition of sending pregnant women on business trips, engaging them in overtime work, working at night, on weekends and non-working days holidays established to protect the health of pregnant women, ensure the normal course of pregnancy and the birth of healthy children. Therefore, even with their consent, they cannot be sent on business trips and be involved in the specified work.
As for women with children under 3 years of age, in accordance with Part 2 of Article 259 of the Labor Code of the Russian Federation, sending them on business trips, engaging them in overtime work, night work, weekends and non-working holidays is allowed, but only with their written consent and provided that this is not prohibited by him in accordance with the medical certificate issued in the manner established federal laws and other regulatory legal acts Russian Federation. At the same time, they must be familiarized with a signature of their right to refuse business trips, overtime work, work at night, on weekends and non-working holidays.
Since the law does not link the prohibition of night work for a pregnant woman and the refusal of a woman with children under 3 years of age to perform these works during the entire working day, their refusal to work at night cannot be considered a violation of labor discipline even in that case when only part of the working day (shift) occurs at night.
As follows from the content of Part 3 of Article 259 of the Labor Code of the Russian Federation, the guarantees provided for women with children under 3 years of age also apply to employees with disabled children. However, the law does not make a reservation that such a guarantee is provided only to one of the parents. Therefore, it should be assumed that both parents who have a disabled child have the right to use the guarantees enshrined in the commented article.
As for guarantees in connection with caring for a sick family member in accordance with a medical report, these guarantees can only be used by those working family members who present a medical report at their place of work on the need for such care.
The guarantees enshrined in Part 2 of Article 259 of the Labor Code of the Russian Federation also apply to mothers and fathers raising children under 5 years of age without a spouse.
Article 259. Guarantees for pregnant women and persons with family responsibilities when sent on business trips, involved in overtime work, night work, weekends and non-working holidays
It is prohibited to send pregnant women on business trips, to work overtime, to work at night, on weekends and non-working holidays.
Sending on business trips, engaging in overtime work, night work, weekends and non-working holidays of women with children under three years of age is allowed only with their written consent and provided that this is not prohibited to them in accordance with a medical certificate , issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, women with children under three years of age must be informed in writing of their right to refuse to be sent on a business trip, to be involved in overtime work, to work at night, on weekends and non-working holidays.
Guarantees provided part two of this article are also provided to mothers and fathers raising children under the age of five without a spouse, employees with disabled children, and employees caring for sick members of their families in accordance with a medical report.
Article 253. Work in which the use of women’s labor is limited
The use of women’s labor in jobs with harmful and (or) dangerous working conditions is limited, as well as in underground works, with the exception of non-physical work or work on sanitary and domestic services.
It is prohibited to employ women in jobs involving lifting and manually moving heavy loads that exceed the maximum permissible standards for them.
Lists of industries, jobs and positions with harmful and (or) dangerous working conditions in which the use of women’s labor is limited, and the maximum acceptable standards loads for women when lifting and moving heavy objects manually are approved in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.
For pregnant women, in accordance with a medical report and at their request, production standards and service standards are reduced, or these women are transferred to another job that excludes exposure to adverse conditions. production factors, while maintaining average earnings previous job.
Until a pregnant woman is provided with another job that excludes exposure to adverse production factors, she is subject to release from work with the preservation of average earnings for all working days missed as a result at the expense of the employer.
When pregnant women undergo mandatory medical examinations in medical organizations, they retain the average salary at their place of work.
Women with children under the age of one and a half years, if it is impossible to perform the previous job, are transferred at their request to another job with wages for the work performed, but not lower than the average earnings for the previous job until the child reaches the age of one and a half years.
Women, upon their application and on the basis of the issued in the prescribed manner certificate of incapacity for work, maternity leave is provided for a duration of 70 (in the case of multiple pregnancies - 84) calendar days before childbirth and 70 (in the case of complicated births - 86, for the birth of two or more children - 110) calendar days after childbirth with payment of state benefits social insurance in the amount established by federal laws.
Maternity leave is calculated cumulatively and is provided to a woman completely regardless of the number of days actually used by her before giving birth.
Upon application of a woman, she is granted maternity leave until the child reaches the age of three years. The procedure and timing of payment of state social insurance benefits during the period of the specified leave are determined by federal laws.
Parental leave can be used in full or in parts by the child’s father, grandmother, grandfather, other relative or guardian actually caring for the child.
At the request of the woman or the persons specified in part two of this article, while on maternity leave, they can work part-time or at home while maintaining the right to receive state social insurance benefits.
During the period of parental leave, the employee retains his place of work (position).
Parental leave is counted towards the total and continuous leave seniority, as well as length of service in the specialty (except for cases of early assignment of an old-age insurance pension).
Employees who have adopted a child are granted leave for the period from the date of adoption until the expiration of 70 calendar days from the date of birth of the adopted child, and in the case of simultaneous adoption of two or more children - 110 calendar days from the date of their birth.
At the request of employees who have adopted a child (children), they are granted leave to care for the child until he (they) reach the age of three years.
In case of adoption of a child (children) by both spouses, these leaves are granted to one of the spouses at their discretion.
Women who have adopted a child, at their request, instead of the leave specified in part one of this article, are granted maternity leave for the period from the date of adoption of the child until the expiration of 70 calendar days, and in case of simultaneous adoption of two or more children - 110 calendar days from their birthday.
The procedure for granting these leaves, ensuring the preservation of the secrecy of adoption, is established by the Government of the Russian Federation.
Working women with children under the age of one and a half years are provided, in addition to breaks for rest and food, with additional breaks for feeding the child (children) at least every three hours, lasting at least 30 minutes each.
If a working woman has two or more children under the age of one and a half years, the duration of the feeding break is set at least one hour.
At the request of the woman, breaks for feeding the child (children) are added to the break for rest and nutrition, or in aggregate form are transferred both to the beginning and to the end of the working day (work shift) with a corresponding reduction.
Breaks for feeding the child(ren) are included in work time and are subject to payment in the amount of average earnings.
It is prohibited to send pregnant women on business trips, to work overtime, to work at night, on weekends and non-working holidays.
Sending on business trips, engaging in overtime work, night work, weekends and non-working holidays of women with children under three years of age is allowed only with their written consent and provided that this is not prohibited to them in accordance with a medical certificate , issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, women with children under three years of age must be informed in writing of their right to refuse to be sent on a business trip, to be involved in overtime work, to work at night, on weekends and non-working holidays.
The guarantees provided for in part two of this article are also provided to mothers and fathers raising children under the age of five without a spouse, employees with disabled children, and employees caring for sick members of their families in accordance with a medical report.
Before or immediately after maternity leave, or at the end of parental leave, a woman, at her request, is granted annual paid leave, regardless of her length of service with a given employer.
Termination employment contract at the initiative of the employer with a pregnant woman is not allowed, except in cases of liquidation of the organization or termination of activities by an individual entrepreneur.
If a fixed-term employment contract expires during a woman’s pregnancy, the employer is obliged, upon her written application and upon provision of a medical certificate confirming the state of pregnancy, to extend the term of the employment contract until the end of pregnancy, and if she is granted maternity leave in the prescribed manner - until the end such a vacation. A woman whose employment contract has been extended until the end of her pregnancy is obliged, at the request of the employer, but not more than once every three months, to provide a medical certificate confirming the state of pregnancy. If the woman actually continues to work after the end of her pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day the employer learned or should have learned about the end of the pregnancy.
It is permissible to dismiss a woman due to the expiration of an employment contract during her pregnancy, if the employment contract was concluded for the duration of the duties of an absent employee and it is impossible, with the written consent of the woman, to transfer her to another job available to the employer before the end of her pregnancy (as a vacant position or a job corresponding to the woman’s qualifications, and a vacant lower-level position or lower-paid job), which a woman can perform taking into account her state of health. In this case, the employer is obliged to offer her all the vacancies that he has in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.
Termination of an employment contract with a woman who has a child under the age of three, with a single mother raising a disabled child under the age of eighteen or a young child - a child under the age of fourteen, with another person raising these children without a mother, with a parent (another legal representative of the child) who is the sole breadwinner of a disabled child under eighteen years of age or the sole breadwinner of a child under three years of age in a family raising three or more young children, if the other parent (other legal representative of the child) is not employed relations, at the initiative of the employer is not allowed (except for dismissal on the grounds provided for in paragraphs 1, 5 - 8, 10 or 11 of part one of Article 81 or paragraph 2 of Article 336 of this Code).
One of the parents (guardian, trustee) to care for disabled children, upon his written application, is provided with four additional paid days off per month, which can be used by one of these persons or divided among themselves at their discretion. Payment for each additional day off is made in the amount of average earnings and in the manner established by federal laws. The procedure for providing these additional paid days off is established by the Government of the Russian Federation.
Women working in rural areas may be granted, upon their written request, one additional day off per month without pay. wages.
One of the parents (guardian, trustee, foster parent) raising a disabled child under the age of eighteen is granted annual paid leave at his request at a time convenient for him.
An employee who has two or more children under the age of fourteen, an employee who has a disabled child under the age of eighteen, a single mother raising a child under the age of fourteen, a father raising a child under the age of fourteen without a mother, a collective agreement annual additional leaves without pay may be established at a time convenient for them, lasting up to 14 calendar days. The specified leave, upon the written application of the employee, can be added to the annual paid leave or used separately in full or in parts. Transferring this leave to the next working year is not allowed.
Chapter 41. Peculiarities of labor regulation for women and persons with family responsibilities
