leave is granted to care for a child until the child reaches the age of 3 years, during which a woman is paid a monthly allowance for caring for a child up to one and a half years. For the period of parental leave for a woman job is retained ). During the period of parental leave, on the basis of a woman's application, she can work part-time or at home, while retaining the right to receive state social insurance benefits.

According with part 1 of article 93 of the Labor Code of the Russian Federation the employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman (at the same time, when working on a part-time basis, remuneration is made in proportion to the time worked by him or depending on the amount of work performed).

Article 258 of the Labor Code of the Russian Federation for working women with children under the age of one and a half years, in addition to a break for rest and food, additional breaks for feeding a child are provided at least every three hours with a duration of at least 30 minutes each, and in the presence of two or more children under the age of one and a half years, the duration of the break for feeding is set at least 1 hour. These breaks, at the request of a woman, can be added to her break for rest and meals, or in a summarized form are transferred both to the beginning and to the end of the working day (shift), which entails a reduction in working time. Nursing breaks are included in working hours and are payable in the amount of average earnings.

For employers prohibited send pregnant women on business trips, involve them in work at night, overtime, on weekends and holidays. These restrictions also apply to women with children under the age of 3 years. However, if these women are not prohibited by medical opinion, then with their written consent they may be recruited by the employer to work under the specified conditions. At the same time, in order to prevent abuse by employers, part 2 of Article 259 of the Labor Code of the Russian Federation establishes that women with children under the age of 3 must be informed in writing by the employer of their right to refuse to be sent on a business trip, to engage in overtime work, work at night, weekends and non-working holidays.

Most women don't know what article 260 of the Labor Code of the Russian Federation their right to annual paid leave, regardless of the length of service with a given employer, before the maternity leave or immediately after it, or at the end of the parental leave, is fixed.

It must be remembered that the termination of an employment contract at the initiative of the employer with women with children under the age of three, single mothers raising a child under the age of 14 (a disabled child under 18), other persons raising these children without mothers, not allowed, on the basis of part 4 of article 161 of the Labor Code of the Russian Federation (with the exception of dismissal in connection with the liquidation of the organization or the termination of the activity of an individual entrepreneur, repeated non-fulfillment by the employee without good reason of labor duties, if he has a disciplinary sanction, a single gross violation by the employee of labor duties, the provision of false documents by the employee to the employer when concluding an employment contract, etc.) .

Guarantees for pregnant women working under a fixed-term employment contract are established in article 261 of the Labor Code of the Russian Federation. For example, if a fixed-term employment contract expires during a woman's pregnancy, the employer is obliged, upon her written application and upon presentation of a medical certificate confirming the state of pregnancy, to extend the term of the employment contract until the end of pregnancy (i.e. until the birth of a child).

Unjustified refusal to hire or unjustified dismissal of a woman on the grounds of her pregnancy, as well as unjustified refusal to hire or unjustified dismissal from work of a woman with children under the age of three for these reasons, constitutes a criminal offense under Art. 145 of the Criminal Code of the Russian Federation . In case of illegal dismissal of a pregnant woman, she must immediately apply to the state labor inspectorate, or to the prosecution or investigation authorities with a statement on initiating a criminal case for illegal dismissal. Employers know that the dismissal of a pregnant woman is prohibited by law, but sometimes they take advantage of the situation, motivating the dismissal by the fact that they did not know about the state of the woman's pregnancy. The issue of canceling an illegal order to dismiss a pregnant woman is resolved by the labor inspector promptly: when a woman contacts the labor inspectorate with this problem, the inspector immediately calls the employer, explains to him the requirements of the current labor legislation, warns him of criminal liability, as a rule, the employer immediately issues an order to cancellation of the order for illegal dismissal.

Article 254 of the Labor Code of the Russian Federation it has been established that pregnant women, on the basis of medical reports (recommendations), upon their application, the employer should reduce the norms of production, service, and if this is not possible due to working conditions, then these women should be transferred to another job (position) that is not contraindicated for them for health reasons, excluding harmful production factors, while they retain their average earnings from their previous jobs. When passing the mandatory medical examination during pregnancy, women retain their average earnings at their place of work.

If the enterprise is officially liquidated, then the employer is obliged to issue documents confirming this fact to this woman. With them, she must apply to the Social Insurance Fund, where she will be issued, and they will pay the due benefits in accordance with No. 255 of the Federal Law.

Article 80 of the Labor Code makes no exceptions for women who leave of their own accord after the end of their parental leave. After the end of the holidays due to her (after the child is one and a half or three years old), the woman goes to work and can write a letter of resignation of her own free will. The employer has the right to force her to work for the prescribed two weeks, because he needs to find another employee to replace her. But there may be another situation: since another employee works in her place under a fixed-term employment contract and therefore the employer does not need to look for a replacement, he can immediately satisfy her resignation of his own free will and dismiss the woman on the day indicated in her application .

International norms and the Labor Code governing labor relations provide that an employer does not have the right to refuse to hire a pregnant woman. For example, an employer advertised that he needed a chemistry teacher. A pregnant woman received an education in this specialty and has the appropriate work experience, therefore, the employer is obliged to hire her. Part 3 of Article 64 of the Labor Code of the Russian Federation employers are prohibited from refusing to conclude an employment contract for women on grounds related to pregnancy or the presence of children. The refusal to conclude an employment contract can be appealed to the court, in accordance with part 6 of the same article of the Labor Code of the Russian Federation.

The State Labor Inspectorate in Primorsky Krai advises to work only under an employment contract, so that a pregnant woman and all women must have guarantees that they are protected by labor laws. All workers need to study the Labor Code and apply it to protect their labor rights.

Information from the site: http://git25.rostrud.ru/

Modern women often do not tell their employers about their pregnancy because they are afraid that they will be fired. However, working conditions are not always favorable for the health of the expectant mother and child. It states that a woman is entitled to light labor during pregnancy, the Labor Code. How long does it take to request a transfer? Will it change What to do if the employer cannot create the necessary conditions for easy work?

Labor Code of the Russian Federation: pregnancy, light work

Labor legislation does not contain a definition of the term "light work". However, it obliges all employers, if the employee has a certificate with a medical certificate, to reduce the production rate specifically for her or arrange a transfer to the appropriate position in order to exclude the influence of destructive factors of production. Light work means professional activity, in which the employee spends less physical strength and is not exposed to the harmful effects of the environment.

The following categories of work are strictly prohibited for pregnant women:

• lifting various objects from the floor or above shoulder level,
• weight lifting,
• conveyor production,
• neuro-emotional stress,
• interaction with pathogens of various infections, diseases, harmful substances, infrared and UV radiation, radiation, vibration,
• work under pressure.

The basis for transfer to more work is a medical report from the attending physician. Without it, the employer has no right to change working conditions.

Rights and obligations

So, women are supposed to do light labor during pregnancy. The Labor Code establishes, in addition, the rights and obligations of the employer and the expectant mother.

The main obligation of the employer is the timely transfer of the employee to light work. If the management of the enterprise is not immediately able to provide the employee with adequate ones and this will take some time, the woman is temporarily released from work. However, the employer is obliged to pay her for all days of absence from the workplace.

A woman has the right to take annual paid leave. Work experience doesn't matter here. This leave can be granted both before and after maternity leave.

Another obligation is placed on the employer by the Labor Code. Light work during pregnancy requires compliance with sanitary requirements. The employer does not have the right to dismiss a pregnant woman on her own initiative. However, if the contract has expired, it can be extended at the request of the employee.

Conditions

Since the Labor Code regulates light labor during pregnancy, its conditions must meet certain requirements of Russian legislation. In industrial production, assembly, packaging and sorting operations must be fully automated. The room in which the pregnant woman works should be sufficiently bright, dry, without drafts. Labor, as mentioned above, should not be accompanied by psycho-emotional stress. It is also forbidden to constantly be in one position, sit, walk all the time, stand bent over, squat or kneel.

The expectant mother can lift loads weighing no more than 2.5 kg and no more than 2 times per hour. If, under production conditions, this needs to be done more often, the norm is reduced to 1.25 kg, and no more than 6 kg can be lifted per hour. The weight of cargo during the entire shift should not exceed 48 kg.

What rules are still established by the Labor Code? Light work during pregnancy involves a reduction in production rates by 40%. If a woman is employed in the field of agriculture, she is completely exempted from these jobs. If the work is done in the office, a woman can work at a computer no more than 3 hours a day. Under the feet there should be special supports, and on the chair - headrests, armrests, seat height adjuster.

Features of light labor

Here are the main features of light labor during pregnancy:

1. You can only be transferred to light work if you provide the opinion of the attending physician.
2. A woman has the right to refuse to work at a computer.
3. The Labor Code does not set time limits for light labor during pregnancy. How many hours can a pregnant employee work? At the request of a woman, she can be transferred to a shortened working week. Labor is paid in accordance with the hours worked, which does not affect the duration of the holidays.
4. If the employer cannot provide adequate working conditions, the woman receives payment for the days of absenteeism.
5. Full leave is provided without regard to seniority.
6. The expectant mother may refuse to work at night, business trips, overtime hours, as well as work on weekends and holidays.

Transfer to light work during pregnancy: Labor Code

According to the first part, employers must reduce the production rates for pregnant employees or transfer them to light work while maintaining the same earnings.

The transfer will require not only a medical report, but also an additional agreement to the contract with the employer.

Correct formatting of the translation

If you rely on the Labor Code, light labor during pregnancy is issued only with the consent of the employer and employee. The document is drawn up in writing. The employer acquaints the employee with the proposal to transfer under her signature. Upon receipt of consent to transfer to another position, a separate application is written.

Translation offer

Signing a job offer leads to the fact that not only the duties and working conditions of the employee change, but also the amount of earnings. According to article 254 of the Labor Code, its minimum size should be equal to the average earnings. Monthly, while the employee is transferred to light work, a comparison of wages is made in the accounting department.

After signing the job offer, an appropriate order is issued. The employee must be familiarized against signature not only with him, but also with the job description and other regulatory documentation. An entry in the work book is not required if the transfer is temporary.

Income tax and insurance premiums

Monthly deductions from the salary of a pregnant employee:

• income tax,
• insurance premiums.

At the same time, additional insurance premiums are charged for all payments.

Salary

Establishes the amount of wages for light work during pregnancy Labor Code. Payment for a pregnant employee is calculated based on and 922 of the Decree of the Government of the Russian Federation of December 24, 2007. Its size is set in accordance with the actual accrued wages and hours worked for the last 12 months that preceded the signing of the agreement. The basis is the average daily wage, which is calculated by dividing the total amount paid by the number of days of work. The average salary is determined by multiplying the daily rate by the number of days worked.

The medical report is issued in the antenatal clinic. You need to understand that it is not necessary to negotiate with the employer to change working conditions, since this step is his direct responsibility. If the management of the organization claims that there is no easy work for the employee, and offers to write a letter of resignation on her initiative, such actions are considered illegal. In accordance with the Labor Code, the employer, if it is impossible to provide appropriate conditions, is obliged to pay the employee forced time off. In case of refusal to provide light work and the mentioned payments, the rights of the employee can be defended in court.

Results

Finding an employer who would be delighted with the "interesting position" of their employees has always been difficult, especially if we are talking about "private". However, there is a Labor Code. Easy work during pregnancy, according to this legal document, every expectant mother deserves. And although employers are not always eager and ready to provide comfortable working conditions, they are obliged to do this or must pay for days of forced time off for an employee. The basis for the transfer is the opinion of the doctor.

New edition Art. 254 of the Labor Code of the Russian Federation

Pregnant women, in accordance with a medical report and upon their application, have reduced production rates, service rates, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining their average earnings from their previous job.

Until a pregnant woman is provided with another job that excludes the impact of adverse production factors, she is subject to release from work with the preservation of the average earnings for all missed working days as a result of this at the expense of the employer.

When undergoing a mandatory dispensary examination in medical organizations, pregnant women retain their average earnings at their place of work.

Women with children under the age of one and a half years, if it is impossible to perform their previous work, they are transferred, upon their application, 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.

Commentary on Article 254 of the Labor Code of the Russian Federation

The state ensures pregnant women the right to work in conditions that meet their needs. physiological features and state of health. To this end, labor legislation establishes measures to create conditions for hygienically rational employment of pregnant workers, i.e. the most acceptable value of the workload and the optimal conditions of the working environment, which in practically healthy women do not cause abnormalities in the body during pregnancy and do not adversely affect the course of childbirth, the postpartum period, lactation, the state of the fetus, physical and mental development and morbidity in newborns.

Ways to alleviate working conditions for pregnant women include reducing production rates and service standards, transferring to another job that excludes the impact of adverse production factors, maintaining average earnings while reducing production standards and service standards when transferring to another job; exemption from work with preservation of average earnings until the issue of providing another job is resolved, preservation of average earnings while undergoing mandatory dispensary care in medical institutions.

For women with children under the age of one and a half years, the Labor Code provides the opportunity to transfer to another job if the performance of the previous job is inappropriate from the point of view of protecting the health of the woman and the child. It is possible to transfer a woman to another job if the performance of the previous job is impossible for any other reason, while maintaining the average earnings from the previous job for the duration of the transfer.

Reduction of production rates and service rates for pregnant women can be carried out on the basis of a medical report, which establishes the optimal amount for a woman to reduce production rates and service rates. The recommended volume is most often set at an average of 40 - 50% of the constant rate.

The reduction in production rates is carried out at the request of a woman. In the absence of an application, production rates do not decrease, therefore it is necessary to explain to a pregnant woman her rights.

A ban on the work of pregnant women from the moment of medical confirmation of pregnancy in certain conditions and industries (for example, in crop and animal husbandry, in radiation therapy departments, in X-ray departments, in radionuclide diagnostic departments, with pesticides and agrochemicals, with poisonous deratization agents (rodenticides), with video display terminals and personal computers, with pest control and repellents associated with radio magnetic radiation for the repair and maintenance of radio devices, with sources of ionizing radiation) is associated with the very fact of pregnancy. In this case, a special medical opinion on the need for translation is not required.

In addition, in accordance with article 298 of the Labor Code, pregnant women cannot be involved in rotational work. A pregnant woman must be provided with another job that meets the requirements of health protection.

If the work performed is contraindicated on the basis of a medical opinion, the pregnant woman must be transferred to another job. At the same time, the required transfer period and acceptable (or unacceptable) working conditions are indicated.

Work provided to a pregnant woman must comply with the requirements for working conditions for women during pregnancy. Special requirements are imposed on technological processes and equipment intended for the work of pregnant women. They should not be a source of elevated levels of physical, chemical, biological and psycho-physiological factors. When choosing technological operations, attention should be paid to the value physical activity permissible for pregnant women, for example, the weight of the load moved and lifted when alternating with other work (up to two times per hour) should not exceed 2.5 kg, the load lifted and moved constantly during the shift - 1.25 kg; the total mass of cargo moved during each hour of a work shift at a distance of up to 5 m from the working surface should not exceed 60 kg; moving cargo from the floor is prohibited; the total mass of cargo moved during an 8-hour work shift from the working surface should not exceed 480 kg.

It is also forbidden to work in conditions of sudden changes in barometric pressure.

Technological operations suitable for pregnant women include light assembly, sorting, packaging, morning shifts are preferred.

For them, stationary workplaces should be equipped to enable them to perform labor operations in a free mode and in a position that allows a change in position at will. Permanent work sitting, standing, moving (walking) is excluded.

Part 2 of Article 254 of the Labor Code establishes that until the issue of providing a pregnant woman with another job suitable for working conditions is resolved, she is released from her previous job from the day specified in the medical report. If it is not possible to provide suitable work, the pregnant woman is released from work for the entire duration of her pregnancy.

In the event of a reduction in the norms of output, maintenance, when transferring to another job, as well as in case of release from work until the issue of transfer is resolved, the pregnant woman retains the average earnings from her previous job for the entire time of reducing the norms of output, maintenance, transfer or release from work.

All pregnant women are subject to clinical examination, starting from the most early dates pregnancy (up to 12 weeks) and puerperas.

During pregnancy, a woman, as a rule, visits a medical institution several times. During this time, she retains her average earnings. The procedure for maintaining average earnings during the period of mandatory dispensary observation of a pregnant woman is provided for in Article 185 of the Labor Code.

When transferring, in accordance with a medical report, a pregnant woman from a job that gives the right to early appointment labor pension in old age, in accordance with work that excludes the impact of adverse production harmful factors, such work is equated to work preceding the transfer.

In the same way, the periods when a pregnant woman did not work until the decision on her employment in accordance with a medical report are calculated.

The impossibility of performing the previous work by women with children under the age of one and a half years may be due to medical contraindications in connection with breastfeeding, as well as the inability to provide proper care for the child due to the regime or other working conditions.

It is forbidden to entrust work to women who are breastfeeding a child if the performance of this work negatively affects the level of the mother's lactation and the health of the child. Such work may include any work with pesticides, agrochemicals, poisonous deratization agents, pest control and repellent agents, radiomagnetic and ionizing radiation, video display terminals and personal computers.

In addition, the impossibility of performing the previous work by women with children under the age of one and a half years may be due to the traveling nature of the work, the remoteness of the workplace from the woman’s place of residence, the early start or late end of work shifts, the impossibility of providing breaks for feeding the child, and other unfavorable conditions. for maternal child care work conditions. In this case, we can also talk about changing the conditions or work schedule.

When considering the claim of a pregnant woman for the provision, in accordance with a medical report, of easier work that excludes the impact of adverse production factors, or the claim of a woman with a child under the age of one and a half years, for the provision of another job due to the impossibility of performing the previous one, the court recognizes the stated requirements as justified, it has the right to make a decision on the transfer of the plaintiff to another job, indicating the period for which the terms of the employment contract are changed. For the period of such a transfer, the woman retains all the benefits and advantages that she had in her previous job.

Another commentary on Art. 254 of the Labor Code of the Russian Federation

1. In accordance with Art. 23 of the Fundamentals of the Legislation of the Russian Federation on the Protection of the Health of Citizens dated July 22, 1993 (as amended on December 29, 2006), the state provides pregnant women with the right to work in conditions that meet their physiological characteristics and state of health. For these purposes, the labor legislation of the Russian Federation establishes a number of measures aimed at creating conditions for hygienically rational employment of pregnant workers, i.e. the optimal value of the workload (physical, neuro-emotional) and the optimal conditions of the working environment, which in practically healthy women should not cause deviations in the body during pregnancy and not adversely affect the course of childbirth, the postpartum period, lactation, the state of the fetus, physical and mental development and morbidity of born children.

3. Article 254 of the Labor Code of the Russian Federation establishes the following ways to facilitate working conditions for pregnant women:

Decreased production and service standards;

Transfer to another job, excluding the impact of adverse production factors;

Maintaining average earnings while reducing production rates and service rates or transferring to another job;

Exemption from work with the preservation of average earnings until the issue of providing another job is resolved;

Maintaining average earnings while undergoing mandatory dispensary care in medical institutions.

For women with children under the age of one and a half years, it is provided:

Transfer to another job, if the performance of the previous job is prohibited in order to protect the health of the woman and child;

Transfer to another job if the performance of the previous job is impossible for other reasons;

Pay is not lower than the average salary at the previous job at the time of translation.

When implementing these measures, one should take into account clause 4 of the Sanitary Rules and Norms of SPiN 2.2.0.555-96 "Hygienic requirements for working conditions for women", approved by the Decree of the State Committee for Sanitary and Epidemiological Supervision of Russia of October 28, 1996 N 32, which establishes special requirements for working conditions for women in period of pregnancy.

4. The reduction of production rates and service rates for pregnant women is carried out on the basis of a medical report. The medical report establishes the optimal amount for a woman to reduce production rates and service rates, the recommended amount is on average up to 40% of the constant rate.

The reduction in production rates is carried out at the request of a woman. In the absence of a statement, the production rates do not decrease, but it is advisable to explain to a pregnant woman her rights.

5. In a number of cases, a ban has been established on the work of pregnant women from the moment of medical confirmation of pregnancy in certain conditions and in certain industries. Since in these cases the right to transfer is associated with the very fact of pregnancy, special medical opinions on the need for transfer are not required. Such cases include:

Work in crop and livestock production (see clause 2.2 of the Decree of the Supreme Council of the RSFSR "On urgent measures to improve the situation of women, the family, the protection of motherhood and childhood in the countryside" dated November 1, 1990 (as amended on August 24, 1995) (Air Force of the RSFSR. 1990. N 24. Art. 287; SZ RF. 1995. N 35. Art. 3504));

Work in radiation therapy departments (see clause 1.4 of the Standard Instruction on Occupational Safety for the Personnel of Radiation Therapy Departments, approved by Order of the Ministry of Health of Russia dated January 28, 2002 N 18) (BNA. 2002. N 16);

Work in x-ray departments (see clause 2.4 of the Standard instructions for labor protection for personnel of x-ray departments, approved by Order of the Ministry of Health of Russia dated January 28, 2002 N 19) (BNA. 2002. N 18);

Work in the departments of radionuclide diagnostics (see clause 2.4 of the Standard instruction on labor protection for personnel of departments of radionuclide diagnostics, approved by Order of the Ministry of Health of Russia dated January 28, 2002 N 20) (BNA. 2002. N 18);

Any work with pesticides and agrochemicals (see clause 19.8 of the Sanitary Rules and Norms SPiN 1.2.1077-01 "Hygienic requirements for the storage, use and transportation of pesticides and agrochemicals", approved by the Decree of the Chief State Sanitary Doctor of the Russian Federation of November 8, 2001 N 34) (BNA. 2002. N 4);

Working with poisonous deratization agents (rodenticides) (see clause 6.2 of the Sanitary Rules and Norms SPiN 3.5.3.554-96 "Deratization. Organization and implementation of deratization measures", approved by the Decree of the State Committee for Sanitary and Epidemiological Supervision of Russia dated October 21, 1996);

Works related to radiomagnetic radiation for the repair and maintenance of radio engineering devices (see clause 9.4 of the Sanitary Rules for the maintenance and repair of radio engineering devices of civil aviation aircraft, approved by Decree of the USSR State Committee for Sanitary and Epidemiological Supervision of November 12, 1991 N 6031-91);

Work with sources of ionizing radiation (see clause 8.3 of the Sanitary Rules for working with sources of ionizing radiation during the maintenance and repair of aircraft at enterprises and factories of civil aviation, approved by the Decree of the USSR State Committee for Sanitary and Epidemiological Supervision of November 11, 1991 N 6030-91);

Works related to the use of a PC (see clause 13.2 of the Sanitary and Epidemiological Rules and Regulations "Hygienic requirements for personal electronic computers and organization of work. SPiN 2.2.2 / 2.4.1340-03, approved by the Decree of the Chief State Sanitary Doctor of the Russian Federation dated June 3, 2003) ( Russian newspaper. 2003. June 21).

In accordance with Art. 298 of the Labor Code of the Russian Federation, pregnant women cannot be employed on a rotational basis.

In all these cases, the pregnant woman must be provided with another job that meets the requirements of health protection.

In addition, a pregnant woman must be transferred to another job in cases where the work performed is contraindicated for her on the basis of a medical opinion. In this case, the medical report indicates the period for which such a transfer is required, as well as acceptable (or unacceptable) working conditions.

6. If it is impossible to reduce the production and service standards, as well as if it is impossible to use the work of a pregnant woman in her previous job, she should be transferred to a job in which the impact of adverse production factors is excluded. Work provided to a pregnant woman must comply with the requirements for working conditions for women during pregnancy, enshrined in the Hygiene Requirements.

Technological processes and equipment intended for the work of pregnant women should not be a source of increased levels of physical, chemical, biological and psychophysiological factors. When choosing technological operations for their work, it is necessary to provide for such values ​​of physical activity that are acceptable for pregnant women: the mass of the load moved and lifted when alternating with other work (up to two times per hour) should not exceed 2.5 kg; cargo lifted and moved constantly during the shift - 1.25 kg; the total mass of cargo moved during each hour of a work shift at a distance of up to 5 m from the working surface should not exceed 60 kg; moving cargo from the floor is prohibited; the total mass of cargo moved during an 8-hour work shift from the working surface should not exceed 480 kg.

Pregnant women should not perform production operations related to lifting objects of labor above the level of the shoulder girdle, lifting objects of labor from the floor, the predominance of static tension in the muscles of the legs and abdominals, forced working posture (squatting, kneeling, bending over, resting the stomach and chest in equipment and objects of labor), torso inclination of more than 15 degrees. C. For pregnant women, work on equipment using a foot control pedal, on a conveyor with a forced rhythm of work, accompanied by neuro-emotional stress, should be excluded.

Technological operations suitable for pregnant women include light assembly, sorting, packaging.

For pregnant women, activities related to getting clothes and shoes wet, work in a draft are excluded. Pregnant women are not allowed to work in windowless and lampless rooms, i.e. without natural light.

For women during pregnancy, it is prohibited to work in conditions of sudden changes in barometric pressure (flight crew, flight attendants, pressure chamber personnel, etc.).

The work of pregnant women should be fully mechanized, the working posture should be free, walking per shift should not exceed 2 km, the pace of movements should be free. The duration of repetitive operations should not exceed 100 seconds, the number of work operations during a shift should not exceed 10; the duration of concentrated observation - no more than 25% of the total time of the working shift, the size of the object of visual discrimination - more than 5 mm.

For pregnant women, morning shifts are preferred.

For pregnant women, stationary workplaces should be equipped to enable them to perform labor operations in a free mode and in a position that allows a change of position at will. Permanent work sitting, standing, moving (walking) is excluded.

The workplace of a pregnant woman is equipped with a special swivel chair with height-adjustable backrest, headrest, lumbar cushion, armrests and seat. The back of a chair is regulated on a tilt angle depending on term of pregnancy and the mode of work and rest. The seat and back should be covered with a semi-soft, non-slip material that is easy to sanitize. The main parameters of the working chair are specified in GOST 21.889-76.

7. Until a pregnant woman is provided with another job suitable for working conditions, she is released from her previous job from the day specified in the medical report. If it is not possible to provide suitable work, the pregnant woman is released from work for the entire duration of her pregnancy.

8. In the event of a reduction in production rates, service rates, when transferring to another job, as well as in case of release from work, a pregnant woman retains the average earnings from her previous job for the entire time of reducing the rates of output, service, transfer or release from work.

For the procedure for calculating average earnings, see Art. 139 of the Labor Code of the Russian Federation and commentary to it.

9. Clinical examinations are subject to all pregnant women starting from the earliest stages of pregnancy (up to 12 weeks) and puerperas. Identification of pregnant women is carried out when women contact the antenatal clinic and during preventive examinations.

In the normal course of pregnancy, a healthy woman is recommended to visit a consultation with all the analyzes and conclusions of doctors 7-10 days after the first visit, and then visit a doctor in the first half of pregnancy - once a month, after 20 weeks of pregnancy - 2 times a month, after 32 weeks - 3 - 4 times a month. During pregnancy, a woman should visit a consultation about 14 - 15 times. In case of a woman’s illness or a pathological course of pregnancy that does not require hospitalization, the frequency of examinations is determined by the doctor on an individual basis.

On the procedure for maintaining average earnings during the passage of mandatory dispensary observation of a pregnant woman, see Art. 185 of the Labor Code of the Russian Federation and commentary to it.

10. When transferring, in accordance with the medical report of a pregnant woman, upon her application, from a job that gives the right to early appointment of an old-age labor pension in accordance with Art. Art. 27 and 28 of the Federal Law "On Labor Pensions in the Russian Federation", for work that excludes the impact of adverse production harmful factors, such work is equated to work preceding the transfer.

In the same manner, periods are calculated when a pregnant woman did not work until the issue of her employment was resolved in accordance with a medical report (see clause 12 of Decree of the Government of the Russian Federation of July 11, 2002 N 516 (as amended on May 2, 2006 No. ) "On approval of the Rules for calculating periods of work giving the right to early appointment of an old-age labor pension in accordance with Articles 27 and 28 of the Federal Law "On State Pensions in the Russian Federation" (SZ RF. 2002. N 28. Art. 2872; 2006. N 19. Art. 2088)).

11. The impossibility of performing the previous work by women with children under the age of one and a half years may be due to medical contraindications in connection with breastfeeding, as well as the inability to provide proper care for the child due to the regime or other working conditions.

12. Women who are breastfeeding are prohibited by sanitary norms and rules from performing certain work that adversely affects the level of mother's lactation and the health of the child. Such work includes any work with pesticides, agrochemicals, poisonous deratization agents, pest control and repellent agents, radiomagnetic and ionizing radiation (see paragraph 4 of the commentary to this article).

13. The impossibility of performing the previous work by women with children under the age of one and a half years may also be associated with the traveling nature of the work, the remoteness of the workplace from the place of residence of the woman, the early start or late end of work shifts, the impossibility of providing part-time work, the impossibility of providing breaks for feeding a child and other unfavorable working conditions for maternal care of a child.

14. If, when considering a claim of a pregnant woman for provision, in accordance with a medical report, of easier work that excludes the impact of adverse production factors, or a claim of a woman with a child under the age of one and a half years, for the provision of another job due to the impossibility of performing the previous job, the court recognizes the stated requirements justified, he has the right to make a decision to transfer the plaintiff to another job, indicating the period for which the terms of the employment contract are changed.

15. For the period of transfer of a pregnant woman or a woman with a child under the age of one and a half years, to another job, she retains all the benefits and advantages that she had in her previous job. Payment is made according to the work performed, but not lower than the average earnings for the previous job.

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