Shortened working day for pregnant women: a legal aspect
According to articles from the Labor Code, the employer must establish a part-time or part-time working day for the pregnant woman at the request of the woman.
It should be remembered that a reduced working day for pregnant women will not function automatically. To do this, you need to bring a certificate of pregnancy and write a statement.
The employer does not have the right not to allow reduction of working hours, but the labor code does not specify how much the working day for a pregnant woman decreases. This is the topic of discussion directly by the employer and the employee. It should be borne in mind that a shortened day should provide the necessary additional time for rest, but do not infringe on the work process of the company.
If there is a strong disagreement, you can contact the labor dispute committee or the court. But the effectiveness of such an exercise is in question, since the solution to the problem takes a long time.
You have the right to an individual work schedule
During pregnancy, a working woman is entitled to require the administration to establish an individual( flexible) work schedule. According to Art.49 Labor Code, it is allowed to establish part-time and / or part-time work.
The specific conditions of work of a pregnant woman are determined by a separate order on the enterprise, which specifies the time of work, rest time and days in which a pregnant woman has the right not to go to work. At the same time, wages are paid proportionally to the time worked. However, restrictions on the rights of a pregnant woman are not allowed, including her annual leave, retaining her seniority( including preferential and length of service), bonuses, etc.
Reduction of working hours for pregnant women is associated with a decrease in wages for hourly pay or pay for the producedproducts. Therefore, a working pregnant woman earns less, but the amount of payment per unit of time remains the same.
The employer has no right to compensate due to yearly paid leave lack of working hours. The reduced working day does not entail changes in the calculation of length of service or other labor rights.
According to the laws, pregnant women are reduced to work or transferred to lighter conditions, which exclude the adverse effects of factors of production, while retaining the previous wage. Until the provision of such a workplace, the woman is released from work, at the same time all missed days are paid according to the established tariff.
During the treatment in medical institutions, the average salary at the place of work is saved. It is impossible to attract work to night work and overtime work, it is not allowed to work on weekends and holidays, and also send pregnant women on business trips. According to this law, even if desired, a woman will not be able to work overtime.
How many hours does the work day cut?
Future mothers, regardless of their health status, are entitled to work on a day of not 8, but 7 hours with a five-day standard work week. A reduced working day for pregnant women is given from the first trimester, as soon as a woman learns about her situation.
In the future, she may be asked to reduce the day to 5-6 hours if the health condition is satisfactory or poor. Also, the employer is obliged to reduce the number of hours per week to 20, if a pregnant woman works in hazardous production. The salary in this case remains the same.
Legal Advocates Video on the Rights of Pregnant Women
Rights of Expectant Mothers at Work:
Advocate Advice:
Legal Status of a Pregnant Woman:
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