Liability for Not Employing a Pregnant Woman Refusal to provide a job to a pregnant woman is illegal and may result in liability under applicable law. In particular, the regulations of the Labor Code of the Russian Federation themselves establish the obligation of the employer to reinstate or enroll a pregnant employee with the appropriate payroll if her dismissal or refusal to hire was unreasonable or illegal. In addition, this issue is also regulated by the provisions of the following regulations:

• Article 145 of the Criminal Code of the Russian Federation. This article provides for criminal liability for a manager for an unreasonable refusal to hire pregnant applicants or for their unlawful dismissal. The fine under this article is up to 200 thousand rubles.

Can a pregnant woman be denied employment?

Justified and unjustified refusal It is possible to refuse employment for pregnant women only if there are weighty arguments for this. Reasonable grounds for refusal may include:

• Insufficient level of education of women.
• Lack of required professional experience.
• Lack of special rights or licenses to work in a specific position, the presence of which is a requirement of federal law.
• Lack of the necessary skills to work in a particular position, which are confirmed by tests or passing a special exam.
• The results of passing a medical examination upon admission to work with difficult, harmful working conditions, or related to the maintenance of vehicles, employees of catering establishments, medical institutions and some other organizations.

Hiring a pregnant woman

This is because the rules for hiring a pregnant woman based on the Labor Code should be identical to those provided for those who are not in this position. Therefore, when hiring for production, the employer is obliged to take into account only the business qualities of the employee and the level of her qualifications.
Therefore, according to Article 64 of the Labor Code of the Russian Federation, refusal of admission due to pregnancy is prohibited, in view of which the employer faces liability before the law. Labor Code of the Russian Federation in the latest edition Probationary period when hiring a pregnant woman Often, organizations can establish a probationary period.

Attention

It is needed so that the employer has the opportunity to determine whether the candidate is suitable for the position provided. In turn, the probationary period helps the employee to understand how this vacancy suits him and meets his expectations.

Are pregnant women hired and do they have the right to refuse employment?

This right cannot be followed in relation to women who are expecting a child. This prohibition is established by the Labor Code, namely Article 70 of the Labor Code of the Russian Federation.

This restriction may not be taken into account if a woman who is expecting a child, when applying for a vacant position, does not report her situation. If the employer received a certificate during the probationary period, information about which was indicated at the conclusion of the contract, then the clause about it becomes automatically invalid, based on the Labor Code.

The date of termination of the probation here is the day on which the certificate was provided. Employment of a pregnant woman at a later date The Labor Code does not establish any deadlines when a pregnant woman has the right to apply for a vacant position.
On the contrary, the employer cannot refuse on discriminatory grounds.

Hiring a pregnant woman

Info

Home - Consultations The Labor Code of the Russian Federation prohibits an employer from refusing to conclude an employment contract with a woman for reasons related to pregnancy or the presence of children (part 3 of article 64 of the Labor Code of the Russian Federation). Neglect of this prohibition may result in, among other things, criminal prosecution under Art.

145 of the Criminal Code of the Russian Federation. However, even hiring a pregnant woman, the employer can get a lot of problems. For example, the FSS of the Russian Federation may refuse to reimburse the amounts paid to a woman registered for work shortly before the occurrence of an insured event. Note. Reimbursement of the costs of the insured for the payment of benefits in connection with maternity at the expense of the fund is a measure that is aimed at compensating the costs of the insured - legal costs. Therefore, the FSS of the Russian Federation and its territorial bodies have the right and are obliged to control the allocation of money for compulsory social insurance.

Can a pregnant woman be denied employment?

Based on this, any pregnant woman who has been denied employment can apply to the court with a claim to appeal the decision of the employer. In practice, it can be quite difficult to prove that a woman was not employed precisely because of her pregnancy.

Important

But if this fact is established by the court, then the pregnant woman is employed, and the employer faces serious punishment, up to criminal liability. A pregnant woman should know:

1. When employed, a probationary period is not established for her;
2. The employer does not have the right to fire her at will.

After official employment, the legislation continues to protect the pregnant woman, giving her certain benefits, and the employer - restrictions in relation to the expectant mother.

Hire a pregnant woman

That is, even in the event of a complete failure to fulfill work duties, causing harm to the enterprise, appearing drunk at the workplace, or constantly being late and absenteeism, a pregnant employee cannot be fired.

• High level of responsibility. For non-compliance with the norms of labor legislation in relation to pregnant employees, the employer, as well as his officials, may be held administratively or even criminally liable.
• No probationary period.

  The establishment of a probationary period when hiring is not allowed in relation to pregnant employees - this standard is clearly expressed in the provisions of Article 70 of the Labor Code of the Russian Federation.

The procedure for hiring pregnant women

How to behave in an interview? Pregnancy cannot be a reason for dismissal Of course, all pregnant applicants are concerned about the question: is it worth talking about your situation right at the interview? Is it legal to hide the fact of your future motherhood from the employer? Will the announcement of pregnancy entail a legitimate refusal to find a job, or, on the contrary, does it make sense to advertise your position in order to legally avoid a probationary period in a new place? According to the law, the employer does not have the right to refuse an applicant a job just because she is expecting a child. If this still happens, a woman always has the right to defend her legal right to a workplace by contacting the appropriate organizations for help.

The first and main recommendation of gynecologists to all women bearing a child is the absence of unrest and rest at the first sign of fatigue. However, the reality is that most women combine pregnancy and work, but not all have the opportunity or desire to adjust their schedule or responsibilities to changed conditions. Someone is afraid of the sidelong glances of superiors and colleagues, some give all their strength to their favorite work, forgetting about sleep and rest, others focus on making money so that after childbirth they can recover calmly and take care of the child.

Stress, unhealthy work, night shifts, getting up early and rushing are undeniably detrimental to the health of the mother and unborn child, while working with normal conditions and a schedule that allows for breaks helps to distract from the anxieties and fears common during pregnancy. How to build a relationship with the employer so that you do not have to choose between pregnancy and work? What rights and obligations do expectant mothers have, and what do employers have?

The Labor Code provides for special guarantees for expectant mothers to protect this category of workers, not very beloved by employers. This applies not only to employees, but also to those who are just starting a new job, since pregnancy cannot be a reason to refuse admission. Such women cannot be placed on probation.

Many employers insure themselves by writing a condition about this in an employment contract, however, for pregnant women, this item will be illegal. This also applies to cases where the employee is in a position at the end of the probationary period.

With regard to leave at work, the Labor Code guarantees women during pregnancy the following rights:

1. The next leave can be granted according to the schedule either immediately before the maternity leave or immediately after it. Moreover, it can be taken by those women whose experience at the enterprise is less than six months, while in the general case, employees can go on vacation only after 6 months of work.
2. It is impossible to recall an employee from vacation even if she agrees to it.
3. It is unacceptable to compensate for unused vacation with money, a pregnant woman must fully realize it.
4. Maternity leave is granted for 140 days (in the general case), 156 (if ), 160 (if living in a radioactive territory) or 184 (if ) days. It starts 70 days (in general), 90 (for those living in a radioactive area) or 84 (for multiple pregnancies) days before delivery. The duration of the leave does not depend on the length of service, position, salary or other similar factors. During pregnancy, it is paid after the provision of a sick leave in accordance with federal laws, based on the average daily earnings at work, and the source of funds is the Social Insurance Fund, and not the employer. If a woman decides to work even at 8-9 months of pregnancy, she receives a salary, but not a benefit - it is accrued only after going on vacation.

Working conditions

The Labor Code provides for the possibility of easing the requirements for the results and mode of work when confirming the pregnancy of an employee, this includes reducing production standards or transferring to another job while maintaining average earnings. If such a transfer took some time, for this period the woman is released from work with the preservation of the average wage. The basis is a medical certificate or a statement from the employee herself.

Another common cause for concern is safety. As for the specific influence of technology, scientists do not have an unambiguous opinion about the action of radiation and electromagnetic fields, but various eye diseases due to constant voltage are a very real problem. According to the law - SanPiN of 2003, the time of working at a computer during pregnancy is limited to 3 hours per shift, however, few people know about this.

Features of work during pregnancy

During pregnancy, laws provide for getting rid of a heavy work schedule.

Such employees should not be involved:

• at night time;
• overtime;
• shift method;
• on holidays and weekends;
• on business trips.

Not a single pregnancy can do without regular visits to the antenatal clinic and other medical examinations. The employer is obliged to release the employee to visit doctors and take tests, and the average earnings for this period are maintained.

If everything is clear with physical activity and harmful working conditions, is it possible to perform sedentary work during pregnancy? Given the changes in the body, this can be fraught with stagnation of blood in the pelvis and an increase in the load on the intervertebral discs. These consequences of sedentary work during pregnancy can be avoided by choosing the right chair, taking breaks for 15-20 minutes every hour and forgetting about the cross-legged position.

At the request of the employee, she must be assigned a part-time or part-time schedule. Under normal conditions, such a regime is established by agreement of the parties, but in the case of a pregnant woman, her unilateral demand is sufficient.

When do I need to bring a pregnancy certificate?

Evidence of pregnancy for the employer is a certificate from the antenatal clinic. This document is obtained only if necessary. If an employee does not have, for example, overtime, night shifts, harmful conditions, and the employer lets her go for medical examinations without any problems and does not plan to fire her, then you can do without a certificate.

On the other hand, for transfer to other conditions or working hours, as well as in case of disputable situations, it is necessary as soon as possible. At work, a certificate of pregnancy must be registered immediately after receiving it.

Pregnancy changes a woman's attitude towards herself and work. Not everyone can withstand the previous pace of life, the body is rebuilt, which leads to drowsiness, memory problems and poor health, and physical work during pregnancy becomes especially difficult. On the other hand, pregnancy is not a disease, and the expectant mother may well continue to live as she is used to, but with some nuances.

Remember, your main task is to bear the child, and stress, overwork, lack of sleep bring complications for the health of the mother and fetus. Do not overexert yourself - physically or mentally. Feel free to relax, eat, get outside. Ask for a reduced work day or other working conditions if necessary. This can be problematic, for example, when working in a kindergarten during pregnancy, you may only be offered a reduced shift with all duties retained, however, if necessary, you can ask the gynecologist to send you on sick leave.

Pregnancy itself is not a contraindication to work, but in some cases the gynecologist may insist on the need for inpatient or outpatient treatment. , like spotting, pain, lack of movement - this is a reason to quit all work matters, no matter how important they may be.

When to tell at work about pregnancy, each woman decides for herself, taking into account all the pros and cons. If you do not want attention from colleagues, are afraid of problems, or work involves maintaining your appearance, you can hide your condition with clothes for the first 3-4 months, however, then it will be difficult to do so.

If you announce your pregnancy in the first weeks, try to keep a balance between the changing capabilities of your body and professional requirements. Simply put, if under the pretext of pregnancy you shift all your work to colleagues in the office, you are unlikely to maintain good relations with them, and your reunion with the team after maternity leave will be greatly complicated.

Employers are usually reluctant to hire pregnant women. For this reason, they do not have the right to refuse a position, but the motivation may be different. If you get a new job, it is better to hide the pregnancy, instead, try to prove yourself as a competent specialist and responsible employee - this will help maintain relations with the employer and give you the opportunity to calmly return to this position after maternity leave.

Dismissal and reduction

Many people know that a pregnant woman cannot be fired or laid off. Even if the employer at the time of the decision did not know about the condition of the employee, she can easily recover through the court. However, this statement is valid only when an open-ended employment contract has been concluded with her.

Situations when a woman can still lose her job:

1. Liquidation of the organization or termination of the IP.
2. Fixed-term employment contract. If it is concluded for the duration of the absence of another employee, the employer is obliged to offer other vacancies suitable for working conditions. If the transfer is not possible, the woman will be fired. If a fixed-term employment contract is not “tied” to the return of another employee to work, then it is extended until the end of pregnancy or maternity leave, and the employee must provide confirmation of her condition (certificate from a gynecologist) at the request of the employer.

Returning to work after having a baby

The application for maternity leave or parental leave indicates the duration of the period of absence of a woman from work, and after it ends, she has the right to return to work in the same position. A woman can interrupt her vacation and leave early by writing a statement from her employer. She retains her benefit and is entitled to a shorter day.

Most often, two main problems become - the presence of a small child and the need to get used to work again. For young mothers, the laws provide for some concessions - reduced working hours, vacations, sick days, but the restoration of professional qualifications and adaptation will have to be given time and effort.

It's no secret that not everyone follows the laws. If you come across an unscrupulous employer, do not conflict and calm down. Your task during pregnancy is to save your nerves and strength, and the labor inspectorate, the court, the prosecutor's office, or in some cases a higher organization will deal with violations at work. In most conflict cases, the law is on the side of pregnant women.

Useful video about work during pregnancy and maternity leave

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Labor legislation provides expectant mothers with a number of benefits and guarantees. They also concern the conclusion and termination of an employment contract. So, in accordance with paragraph 3 of Art. 64 of the Labor Code of the Russian Federation, a woman cannot be denied employment for reasons related to pregnancy, and when applying for a job, any probationary period can be established. And it is also impossible to dismiss them at the initiative of the management (Article 261 of the Labor Code of the Russian Federation). An exception to the rule is the liquidation of an organization. And in the event of the expiration of a fixed-term employment contract, the employer is obliged to extend it until the end of the pregnancy, if the “hero of the occasion” writes a statement with such a request and brings the appropriate certificate from the antenatal clinic.

Can a pregnant woman be denied employment?

When women show up for a job interview with obvious signs of pregnancy, 99 times out of 100 they get turned down. But the expectant mother is not only entitled, but also obliged to uphold justice, because, by providing herself with a reliable source of income, she protects the interests of the unborn child. Employers are well aware of the administrative and criminal liability for refusing to employ a pregnant woman, so they behave with extreme caution. But it's still worth the fight.

To get started, ask for a written denial with a justification for its reasons. Surely the document will indicate circumstances that are not related to the “interesting” position, for example, a lack of business qualities and skills. With papers on hand in accordance with paragraph 6. Art. 64 of the Labor Code of the Russian Federation, you can already go to court to appeal the refusal to conclude an employment contract with you. The main thing is to do this no later than 3 months after the incident. And, finally, the most difficult thing is to convince the court that you are right. As evidence, you should present facts confirming your professional competence - diplomas, recommendations from previous jobs, test results, certificates of advanced training. Witness testimony will also be useful, for example, a recording of a telephone conversation during which the true reasons for the refusal were reported, or an email with similar content. If you provide the court with an audio or video recording on electronic or other media, you must explain who, when and under what conditions made the recording.

The right of a pregnant woman to leave

The current labor legislation of the Russian Federation provides employees "in position" with the right to early annual paid leave, regardless of the length of service in the organization (Articles 122, 260 of the Labor Code of the Russian Federation). Even if you have worked at the enterprise for only a month, write an application and go on vacation: the absence of six months of work experience in one place is not a reason to refuse to meet this need. Vacation is provided in full in advance for the whole year, and not in proportion to the time worked, that is, if you wish, you will receive your at least 28 days plus additional ones if they rely due to the special nature of the work - harmful working conditions, irregular working hours. And do not forget that the vacation schedule approved by the head of the company does not apply to you. A similar opportunity is given to the future dad. According to Art. 123 of the Labor Code of the Russian Federation, he can also receive annual paid leave at any time while his wife is on maternity leave, regardless of the length of service in this organization and the vacation schedule.

Other work schedule during pregnancy

If a pregnant woman has already received a certificate confirming her position, she can certainly count on a reduced working day or week. Choose one thing and write a statement addressed to your supervisor. Based on this document, an additional agreement is drawn up to the employment contract. But keep in mind that only hours actually worked will be taken into account when calculating wages.
And Art. 259 of the Labor Code of the Russian Federation prohibits sending expectant mothers on any business trips, requiring them to fulfill their duties on weekends, overtime and night work.
In accordance with Art. 254 of the Labor Code of the Russian Federation, pregnant women have the right to be transferred to work that excludes the impact of adverse factors. In this case, you should write an appropriate application to the administration of the institution and attach a certificate from the antenatal clinic to it. A new position is paid in the amount of average earnings in the same place.

Doctor visits during pregnancy

Paragraph 3 of Art. 254 of the Labor Code of the Russian Federation speaks of the right of a pregnant woman to leave the workplace at the time she needs for scheduled medical examinations and examinations. And this should not affect the size of the salary. The employer has no right to interfere with such visits, and even more so to regard them as absenteeism. But it is necessary to warn him in advance.

Transfer of a pregnant woman to another position

Suppose the company is reorganizing, and the staffing table is changing. As a result, on the basis of two departments, one with a new name and functions is created. But in any case, a pregnant woman should find a place there without lowering her in her position and salary. In accordance with Art. 72.1 of the Labor Code of the Russian Federation, such metamorphoses are allowed only with the written consent of the expectant mother. It happens that the employer nevertheless circumvents this rule, referring to Art. 74 of the Labor Code of the Russian Federation, 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 easy to challenge by going to court.

The Labor Code of the Russian Federation prohibits an employer from refusing to conclude an employment contract with a woman for reasons related to pregnancy or the presence of children (part 3 of article 64 of the Labor Code of the Russian Federation). Neglect of this prohibition may result in, among other things, criminal prosecution under Art. 145 of the Criminal Code of the Russian Federation. However, even hiring a pregnant woman, the employer can get a lot of problems. For example, the FSS of the Russian Federation may refuse to reimburse the amounts paid to a woman registered for work shortly before the occurrence of an insured event.

Note. Reimbursement of the insured's expenses for payment at the expense of the fund is a measure that is aimed at compensating the insured's costs - legal costs. Therefore, the FSS of the Russian Federation and its territorial bodies have the right and are obliged to control the allocation of money for compulsory social insurance. They also have the right to refuse to accept expenses for offsetting in cases and in the manner prescribed by law (Article 11 of the Federal Law of July 16, 1999 N 165-FZ "On the Basics of Compulsory Social Insurance", clause 4, part 1, article 4.2, part 4 article 4.6 of the Federal Law of December 29, 2006 N 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood").

Let's see if it is possible to avoid such a failure or at least minimize the risk.
Maternity allowance- This is one of the types of state benefits to citizens. In most cases, it is paid at the expense of the FSS of the Russian Federation and, as a rule, at the woman's place of work. To assign benefits, documents are required - a sick leave, as well as other documents listed in the Procedure and conditions for the appointment and payment of state benefits to citizens with children (approved by Order of the Ministry of Health and Social Development of Russia dated December 23, 2009 N 1012n).
It seems that everything is simple, it is enough that the woman is registered for work and that there are all the necessary documents. However, it should be remembered that the FSS of the Russian Federation has the right not to offset expenses in the form of benefits paid in violation of the law. Including in the absence or incorrect. If, according to the results of the audit, it is established that the hiring of a pregnant woman and the payment of benefits to her were aimed only at unjustified receipt of the fund's budget money, then a refusal to reimburse expenses may follow.
Such unseemly intentions may be indicated, in particular, by the employment of a pregnant woman immediately before the onset of pregnancy. Of course, the very fact of an imminent pregnancy cannot be a reason for refusal, especially since the woman herself may not know about the pregnancy. However, this fact is taken into account on an equal basis with other circumstances and may indicate bad faith of the payer.
Of course, such problems will not arise if an employee who has been working at the company for more than a year goes on maternity leave.
The bad faith of the payer may also be indicated by the lack of evidence of the actual performance by the employee of her duties. That is, if the personnel department has documents that can confirm that the expectant mother really worked (reports, orders, instructions, tasks, etc.), then most likely claims of bad faith can be dismissed with indignation. Special attention should also be paid to the fact that the work performed by the employee was not formal, but real in nature and was not, as they say, a sinecure. This is especially important to remember when the position for which the expectant mother was accepted was established shortly before she was hired. One must be prepared to submit documents that can confirm the economic feasibility and economic necessity of the appearance of this position in the staff list. If it turns out that this work was previously successfully handled by one employee, or if its labor functions duplicate the labor functions of an already working employee, then this may indicate a lack of economic justification in the actions of the payer.
Another suspicious thing is the disproportionately high salary. As practice shows, the combination of too high a salary with the fact that an employee was hired shortly before pregnancy greatly undermines the position of the payer.
"Disproportionately high" may be considered a salary that is substantially higher than the average monthly salary of other employees.
"Exculpatory" documents in this situation can only be documents confirming the high qualifications of the employee and her urgent need (for example, a copy of the diploma).
However, it should be noted that in a number of cases, some courts indicate that the law does not make the calculation of the amount of maternity allowance and the right to its reimbursement at the expense of the FSS of the Russian Federation dependent on the amount of work performed, the salary of other employees, etc. Compensation should be if an employment contract is concluded and insurance premiums are transferred. However, there are few such decisions (for example, the Decree of the Federal Antimonopoly Service of the West Siberian District of 09/06/2011 in case N A45-21736 / 2010).
So, here signs that may lead to a denial of reimbursement:
- accepting a woman to work immediately before the onset of pregnancy;
- unreasonably high wages;
- lack of economic justification for hiring an employee;
- lack of income for the organization;
- the absence of the position occupied by the employee in the staff list;
- the presence of family or personal relations of a woman with the leadership of the organization.
The legitimacy and validity of hiring an employee can be confirmed by:
- documents confirming the fact of employment, - an employment contract, an order for employment, a staffing table, a job description, certificates of income of an individual;
- documents proving the actual performance of official duties by the employee, - time sheet, payroll;
- documents confirming the fulfillment by the employee of her labor duties, for example, reports, accounting documents, memorandums signed by the employee, etc.

From the editor. Please note that these recommendations are relevant if a woman has chosen the procedure for calculating the maternity benefit, which was in effect before January 1, 2011. In this case, the benefit is calculated based on the average earnings of the insured person, calculated for the last 12 calendar months of work with this policyholder preceding the month of maternity leave. In 2012, all "maternity leave" benefits will be calculated on the basis of their average earnings, calculated for two calendar years preceding the year of maternity leave, including for the time of work with another insured (other insurers). The sharp increase in wages before going on maternity leave will be offset by 730 days entered in the denominator when determining the average daily wage.

Today, it is very common to meet with cases of refusal to hire a woman due to her pregnancy. Everyone knows firsthand that such actions of the employer are expressly prohibited by Russian labor legislation, and anyway, here and there they constantly violate, refusing to conclude an employment contract for expectant mothers, and forgetting about the responsibility for such actions. This article will talk about whether an employer can refuse to employ a pregnant woman without violating the current Labor Code of the Russian Federation.

Labor Code of the Russian Federation

Let's see what the labor law says about this:

This is the main series of articles of the Labor Code, indicating the special social protection of applicants entering into labor relations during pregnancy.

Rights of pregnant women in employment

Expectant mothers of the Labor Code of the Russian Federation expressly prohibits refusing employment (Article 64). This is consistent with the general policy of the Russian Federation not to restrict the right of any person to obtain a job on any criteria other than merit.

For your information

At the same time, the employer cannot even ask the applicant about the fact whether she is pregnant. If the expectant mother has any doubts that the employer did not treat her with prejudice due to her condition, she has the right to request his refusal in writing. It is better to do this officially, with the registration of your request in the office of the organization's records management service, so that if you contact the labor inspectorate, you will have strong evidence of a violation of your rights.

In addition, when concluding an employment contract, the law does not allow the inclusion of a clause on a probationary period (Article 70 of the Labor Code of the Russian Federation).

Why do employers refuse to hire pregnant women?

The main reasons for the reluctance of the employer to hire women who are expecting a baby , are:

• the inability to predict her state of health - which means the likelihood of frequent disability during childbearing;
• further departure of the expectant mother - which means the need to re-search for an employee for the workplace during the absence of the woman in labor;
• the inability to dismiss a woman “in position” in the event of her negligent attitude to her official duties - that is, the risk of getting an unreliable employee, the adoption of ordinary disciplinary measures against which is prohibited by law.

Some pregnant job seekers are also often dishonest, trying to get a job only for the purpose of obtaining special benefits and payments.

Reasons for an employer to refuse

The employer is prohibited from refusing to conclude an employment contract to any person for circumstances that are not related to his business qualities. This item is directly spelled out in article 64 of the Labor Code of the Russian Federation. Restrictions are allowed only those that are reflected in the legislation - for example, for health reasons (the presence of a disability) or in the absence of special rights or licenses necessary to perform work duties.

Attention

The establishment of direct or indirect benefits cannot depend on sex, age, origin, skin color, race, nationality, language, any social status, place of residence or beliefs. As for pregnant women, they are mentioned separately in paragraph 2 of Article 64 of the Labor Code - it is categorically impossible to refuse them employment, motivating this by their “position”.

Justified and unjustified refusal

It is possible to refuse employment to pregnant women only if there are weighty arguments for this. Reasonable grounds for refusal may include:

• Insufficient level of education of women.
• Lack of required professional experience.
• Lack of special rights or licenses to work in a specific position, the presence of which is a requirement of federal law.
• Lack of the necessary skills to work in a particular position, which are confirmed by tests or passing a special exam.
• The results of passing with difficult, harmful working conditions, or associated with the maintenance of vehicles, employees of catering establishments, medical institutions and some other organizations. The list of positions, upon admission to which, a medical examination is required, is determined by federal law.

IMPORTANT

Any other denial of employment is unreasonable. The motivation for refusal by the pregnancy of the expectant mother is unlawful, and the employer bears criminal liability for her.

An example of a pregnant woman being denied employment

T. filed a lawsuit against the organization to invalidate the refusal to conclude an employment contract. The lawsuit stated that the dismissal from the previous job occurred in connection with the liquidation of the branch. The management of the organization, freeing up jobs, offered all employees, with the exception of pregnant women and pensioners, to write applications for employment in the newly created company. T. wrote an application, but she was denied employment because she was pregnant.

Such a refusal is clearly unlawfully motivated and entails criminal liability of the employer.

Employer's responsibility

Failure to comply with labor laws and refusing to hire a woman who is expecting a child threatens the employer with serious sanctions, which are prescribed in article 145 of the Criminal Code of the Russian Federation.

Attention

A fine of 200 thousand rubles can become a punishment for him. or in the amount of income for a period of up to 1.5 years. In addition, it is possible to impose compulsory corrective labor for up to 360 hours on the guilty person.

Arbitrage practice

The conflict of interests of employers and pregnant women described above becomes the reason for frequent litigation. In fact, jurisprudence shows that the refusal to hire women "in position" is rarely proved on these discriminatory grounds, and the court often takes the side of the employer. In litigation, each party has to independently confirm the circumstances that they consider essential for consideration. At the same time, employers may name other motives for refusing to conclude an employment contract, which are often very difficult to refute.

For your information

Nevertheless, in certain cases, the court makes a decision in favor of expectant mothers. This is evidenced by litigation on the reinstatement of employees dismissed at the initiative of the employer in the absence of information about her pregnancy. But even if the employee herself did not know about the pregnancy, after confirming this fact, her restoration to her original place is guaranteed.

At the initiative of the employer, a pregnant woman cannot be fired, even if she has violations of discipline, for which the law, under other circumstances, allows the immediate dismissal of an unscrupulous employee - absenteeism, absence from the workplace without good reason, etc. Disputes about the reinstatement of an employee dismissed for guilty violations are also most often decided in her favor.

The dismissal of pregnant women on general grounds is recognized as legal.

Can a pregnant woman be fired on probation?

This question has an unequivocal answer - no.

Nuances

As practice shows, unscrupulous employers have long learned to bypass the problem of refusing to conclude an employment contract for pregnant women and do this for various other reasons, often frankly far-fetched. In this case, a woman has two ways out of this situation: one is to defend her rights through the courts, the second is to conclude a fixed-term contract with the employer. In the latter case, the woman will still be fired from her job after graduation, but at the same time she can count on work before the decree, as well as on the payment of the necessary benefits.

Among other things, the expectant mother, with the appropriate medical certificate, has the right to reduce production rates, transfer to part-time work and transfer to lighter work.

The labor rights of women in the "position" also include a ban on certain types of work:

• lifting and carrying weights over 5 kg,
• piecework and assembly line work,
• work associated with constant standing, sipping, on stairs,
• work with harmful substances,
• transport related work,
• night shifts, work on holidays and weekends, overtime,
• business trips, etc.

Additional Information

You need to know about one more trick of employers who relieve them of responsibility - when hiring a pregnant employee, she is not issued an employment contract, but a civil law contract, which does not give the woman the right to claim guarantees and compensation provided for by the Labor Code. Such contracts are concluded only for the performance of certain works/services and have a limited duration.