We all know how often unscrupulous employers, using legal uneasiness of employees, violate their rights. Particularly worried about the observance of their rights at work follows pregnant women and young working mothers. After all, their condition affects the health of the child, and rights are infringed upon by all who are not lazy. However, there will be a board for everyone.
What rights does a pregnant woman have at work?
- Prenatal leave is 70 days, with a multiple pregnancy of 84 days. This leave is granted to a woman on her application on the basis of a medical institution (female counseling), which is supervised by a future mother. And postnatal leave is 70 days with normal delivery, 86 days with complications and 110 days at birth more than 1 child. Moreover, maternity leave is granted to the woman completely and is calculated in total. That is, if you were resting for 10 days instead of 70 days, then leave after childbirth should be 130 days (70 + 60). In this case, the woman is paid a social insurance benefit.
- On request, a young mother may be granted leave to care for a child up to 3 years. For the entire period a woman is given a state allowance. At the same time, a woman has the right to work at home or part-time, and the allowance, place of work and position for her remain.
- A pregnant woman has the right to leave regardless of length of service. The replacement of annual holidays with monetary compensation is unacceptable.
- Pregnant women are not allowed to work in heavy, harmful and dangerous conditions, work at night. It is also impossible to work on a shift basis. Working women who have children under the age of 1.5 should be given additional breaks every 3 hours for at least 30 minutes. If the child at this age is not alone, then the duration of the break should be at least an hour.
- The employer can not refuse to hire a woman on the basis of her pregnancy. The reason for the refusal to work may be a mismatch for any business qualities: lack of qualification, the presence of medical contra-indications for the performance of work, lack of personal qualities necessary for work. In any case, the pregnant woman has the right to receive a written explanation from the employer about the denial of work. At the conclusion of the employment contract it should be remembered that the employer has no right to establish a probationary period for mothers with children under 1.5 years and pregnant women.
- You can not dismiss a pregnant woman, except in cases of liquidation of the company. even if the term of the employment contract expires, the employer must extend it until the child is born.
Protection of labor rights of pregnant women
If your labor rights are violated, do not hesitate to defend them, the employer who violated the law, the offender and must be held accountable. Protection of the rights of pregnant women is handled by the district court at the location
You can file a statement of claim within 3 months from the day you learned (should have learned) about the violation of your labor rights. In disputable situations with dismissal, an action is filed within 1 month from the date of receipt of the work record or a copy of the dismissal order. Dismissed employees in the filing of a claim for reinstatement at work do not bear the costs of paying court costs and fees.