The rights of pregnant women at work: who is forewarned, is armed
Pregnancy is a special situation, and in the broadest sense of the word. It changes not only the state of the body, but also many of the rights of women.
If the future mother knows about this, then she will feel more confident, including at work.
lawyer, expert on labor, housing and family law, Moscow
The labor legislation provides future mothers with a number of benefits and guarantees. They also concern the conclusions and cancellations of the employment contract.
So, in accordance with paragraph 3 of Art. 64 of the Labor Code, you can not refuse a woman in employment for reasons related to pregnancy, and when applying for a job – to establish any probation period. It is also impossible to dismiss a pregnant woman on the initiative of the leadership (art.
261 TC RF). The exception to the rule is the liquidation of the organization.
And in the event that the term of the employment contract expires, the employer is obliged to extend it until the end of pregnancy, if the culprit of the celebration writes an application with such a request and will bring an appropriate certificate from the women’s consultation.
Admission of a pregnant woman to work in 99 cases out of 100 does not occur. But the future mother is not only entitled, but also obliged to uphold justice, because, by providing herself with a reliable source of income, she defends the interests of an unborn child.
Suppose the enterprise is reorganizing, and the staffing schedule is changing. As a result, on the basis of two departments one is created with a new name and functions.
But in any case, the pregnant woman there must find a place without lowering her in the position and salary. In accordance with Art.
72.1 TC RF similar metamorphosis is allowed only with the written consent of the future mother. It happens that the employer nevertheless bypasses this rule, referring to Art.
74 TC RF, according to which he has the right to change the terms of the contract in connection with the structural reorganization of production without the consent of the victim. This violation of the employer is easily challenged by applying to the court.
Source of the photo: Shutterstock
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