Transfer of a pregnant woman to easy labor in the Russian Federation
All rights regulating the right of a pregnant woman, including the transfer of such a worker to easy labor, are regulated in the RF by the Labor Code, Articles 93, 254, 260, 261.
They say that a pregnant woman should be relieved of such stresses in the workplace:
- night shifts;
- overtime assignments;
- work on holidays and weekends;
- business trips.
Also, a pregnant woman can claim a reduced working day or short working week, full paid leave, despite the amount of time she has worked for the employer. And in connection with medical indicators, a woman has the right to change working conditions, reduce the production rate to reduce the risk of adverse effects on the development of pregnancy, but easy labor for pregnant women is paid at the average wage, as required by law.
One must remember and know that there is no legal right to dismiss a woman who is pregnant, due to her position or to refuse to work. If the term of the fixed-term contract expires, upon the application of the pregnant worker, this contract must be extended by the employer without fail.
A pregnant woman can be dismissed only if the organization or enterprise is completely liquidated, but she must be given a different place to work.
It should be noted that there is one more decision of the State Sanitary and Epidemiological Supervision Service of the Russian Federation - "Hygienic Requirements for Women's Working Conditions". It regulates and controls the sanitary standards of working conditions, which must be fulfilled without fail for pregnant women.
Is easy work pregnant in Ukraine?
The concept of "easier work for pregnant women" is defined for a woman individually, depending on the physiological and psychological conditions of the body, the current working conditions and the evaluation of the proper quality of the work performed.
In Ukraine, light labor for pregnant women in the Code of Labor Laws is regulated by articles 174 to 178.
They say that it is forbidden for pregnant women to use heavy types of work with harmful and dangerous conditions. It is also forbidden to engage in manual labor in underground conditions, but only sanitary or maintenance works. The definition of standards for raising gravity, hazardous or harmful activities and other restrictions are approved by the Ministry of Health of Ukraine and agreed with the State Committee of Ukraine on Control of Occupational Safety.
Pregnant women are not allowed, and those who have children under the age of three, to the same work as in the legislation of Russia: overtime, at night, business trips, etc. But for work at night in Ukraine, pregnant women can be allowed under a special necessity,
And it is worth remembering that the certificate of a pregnant woman for easy labor is obligatory for the employer, otherwise he has the right to refuse to provide simplified conditions.
In case a woman refused to give easy labor to pregnant women, which she is shown, the employer can not dismiss her on disciplinary action. In this case, only under Art. 40 clause 2 of the Labor Code of Ukraine, which says that the employee does not correspond to the post, or that the relevant work is not performed due to the state of health.