Article 254 of the LC RF with comments
Today, Article 254 of the LC RF will be examined. The thing is that she is responsible for the peculiarities of working life of a pregnant woman. Also, it points out some points that concern women with young children (up to 1.5 years). Every employer must follow the established rules. After all, the violation of the Labor Code, especially with regard to pregnant women, is a terrible crime. Few will trust the company that exploits women in an "interesting" position. Yes, and the future mother herself is unlikely to hold on to a job where her legal rights are not respected. So what can you expect? What are the specific features of the conduct of employment are prescribed by law in Russia?
The first thing you should pay attention to: most companies have so-called production rates. This is how much work this or that employee should perform. Article 254 of the Labor Code of the Russian Federation indicates that a pregnant woman has the full right to reduce this indicator. The same rights are enjoyed by mothers with children who have not reached the age of eighteen months.
Upon application to such women, the employer is obligedreduce the rate of production. Especially when it comes to medical indications. During pregnancy and the first time after childbirth, the woman's body is in a vulnerable condition. The employer must take this factor into account.
By the way, to reduce the rate of work performed withoutthe statement of the future or new mother does not make sense. The law does not provide such benevolence. Until the woman herself declares her rights, the boss considers the employee on a par with all the others.
What else should I pay attention to? It happens that the responsibilities of a pregnant woman imply a variety of factors that may adversely affect the health of a subordinate or a future baby. Article 254 of the LC RF provides for the provision of normal working conditions for women in an "interesting" position.
That is, all unfavorable factors must beat the request of the employee. Otherwise, she has every right to refuse to perform job duties. At the same time, wages for the subordinate remain. In other words, pregnant women have the right to provide suitable working conditions. And the employer is obliged at the request of the subordinate to eliminate all unfavorable factors that can have a negative impact on the health of both the mother and the baby. At the same time, there is one important point. And with the elimination of factors, and with a decrease in the norms of production, the average wage remains for the employee.
Article 254 of the LC RF with comments (2015-2016)has many more features. For example, as already mentioned, a pregnant woman can demand that the employer eliminate adverse factors of labor. And while the boss does not satisfy the request, you can not go to work. It is legal. This rule is prescribed in the article.
Despite the fact that the employee will not work,it still retains the average earnings for posts. Remuneration of labor occurs for all missed days. Cash is withdrawn from the employer's funds. Therefore, in the interests of the company's bosses, quick satisfaction of the request of a pregnant woman.
It does not matter how long it lastssubordinate. The law clearly states: until unfavorable factors are eliminated, the girl in an "interesting" position may not go to work, while retaining the average earnings in one or another position. That is, the absence of a subordinate can last for several days and a couple of months. Here everything depends on the employer.
What other features are envisaged thatdictates Article 254 of the LC RF? Visiting a doctor during pregnancy is an important time. It is mandatory for all expectant mothers. And it should be noted: the Labor Code states that the employer must provide his subordinates with time for a visit to the gynecologist.
But forced to visit out of hoursno one has the right. If the employee is going to the gynecologist during work, she can not be denied. It is these rules that are dictated by Article 254 of the LC RF. Visiting a doctor during pregnancy for absenteeism does not count. And the working day is paid in exactly the same way as the fully worked-out period.
In other words, to deprive pregnant women of their earnings onlyFor the fact that she went to the gynecologist, you can not. It is forbidden. Article 254 of the LC RF, part 3 - that's what the girl should refer to in the "interesting" situation, if the employer does not let go to the doctor for a scheduled examination. Or when he says that the day will not be paid. Such decisions are illegal. This is a direct violation of the established legislation.
Up to a year and a half
On this feature of the Labor Code in relation togirls who are in an "interesting" position, do not end. What if a woman gave birth, but for medical reasons she can not return to her previous job?
This situation is indicated by Article 254 of the Labor Code of the Russian Federation (2015)years and newer editions). The thing is that up to a year and a half the baby's new mother is able to request from the employer a transfer to a position that would correspond to the medical conclusion about the state of health.
It is important to note here: the average earnings for the subordinate are preserved. This is a required item. The employer can not transfer a woman with a child under the age of 1.5 to a less-paid position.
These are the rules contained in Article 254 of the LC RF. Particular attention is required to comment on this part of the labor law. They help to understand the nuances of the established rules.
Great attention is paid to medical examinations. Women during pregnancy are compulsorily registered in a women's consultation. From this moment, compulsory visits begin. They can not be missed. More precisely, such steps are not welcome. And the employer must release his pregnant subordinates for planned inspections with preservation of earnings.
Comments to the TC, to Article 254, indicate that at the moment in Russia the following medical examinations are compulsory:
- gynecologist - every 2 weeks (and at least 10 times for the entire pregnancy);
- therapist - no less than 2 times in 9 months;
- dentist, ENT, ophthalmologist - when registering (minimum).
In practice, the latest specialists are 2time for pregnancy - at the beginning of the term and at the end. This is if there are no complications. Also pregnant women should undergo additional tests and take tests. Article 254 of the Customs Code of the Russian Federation (comments of 2016 interpreted the forthcoming tests) indicates that mandatory medical manipulations include:
- blood and urine tests (blood - at least 3 times, urine - at each visit to the gynecologist);
- ECG (at least 1 time);
- CTG (1 time).
And this is only with an ideally flowingpregnancy. All tests and examinations are a very time consuming process. Therefore, most medical examinations fall on working hours. And the employer should not only release subordinates for visits to doctors, but also keep their earnings.
Despite all of the above, Article 254 of the LC RF withcomments (2015-2016) causes some indignation of employers, as well as conflicts. What can be encountered? In the article, in the comments, the most common conflicts are indicated. These include the following options:
- Employers believe that a woman must work out missed hours in off hours.
- Someone may require mandatorydocumentation, which confirms the fact of the visit to the doctor. In the case of doctors, it is possible, but it is unlikely that someone will give a medical opinion about the surrender of blood or urine for analysis.
- There are bosses who believe that pregnant women actively use their rights and abuse them. Often, employers impose fines and other penalties on pregnant women.
Which requirements are appropriate, and which ones are not? This will help to understand article 254 of the LC RF with comments. What can be considered a violation of the law?
Imposition of punishments
So, in accordance with the article of labor legislation studied, the employer must pay the time of visiting a doctor to a pregnant employee. This is not considered for absenteeism or a pass.
Accordingly, work out the missed timea girl in an "interesting" position should not. Moreover, no penalties and other penalties for a woman have the right to impose. This is a direct violation of the established laws, which provides for article 254 of the LC RF. Visiting a doctor during pregnancy during working hours is normal. And no one is able to punish a girl for this. Therefore, the first and last claims are inappropriate.
About the Help
And what if the employer requires a certificate ofvisiting a doctor? This requirement does not contradict the established labor legislation. Therefore, the head has the right to ask the pregnant woman to prove the visit to the doctor. Optional reference. Any proof that a visit to a medical institution can confirm is suitable.
For example, a coupon for an appointment is suitable. Lawyers point out that it is in the interests of the woman herself to worry in advance about the presence of confirmations of visits to doctors. After all, then absence at work will not be considered a walk. If the visit could not be proved, a reprimand might follow. In this case, absence from the workplace for more than 4 hours in a row is a truancy.
Is it worth it to be afraid
What else does article 254 of the LC RF specify? Visiting a doctor during pregnancy is normal. If the employee can confirm that she did not truant, then no punishment will follow.
Generally, girls in the "interesting" position havespecial rights at work. They can not be fired. But to punish - easily. And this is only possible if you abuse your rights. This is very rare. That's why a pregnant woman can not be afraid of any punishment, as well as dismissal.
To account for time
Why should a woman have anyEvidence of visits to doctors? The thing is that every employer records work time. And coupons that confirm the fact of being in a medical institution help this action. In other words, they are needed not only to confirm the conscientiousness of the pregnant woman, but also for the employer himself.
If the coupon is lost, the doctor does not give the certificate, andthere is also no other evidence, you can invite the chief to call the medical institution. And on the phone can often confirm a visit to the doctor. This is a modern device that is not used so often.
The main problem is time
Unfortunately, not always everything works so well,as we would like. If a woman goes to a private clinic, then she can be given a certificate about visiting a doctor there, and even confirm the delivery of tests. But some lead pregnancy in women's counseling for free. In this case, a visit to the doctor may be delayed. We have to take turns.
Accordingly, the period of "sitting" and waitingreception no one can document. In fact, the woman is truant. And this is despite the fact that she actually waits for the doctor to take her, only in the order of her own turn. Nobody will issue a certificate stating that the girl took the turn at 9:00, and the reception for "live" was only at 15:25, for example. Therefore, some problems may arise. In this situation it is recommended to discuss the visit to the doctor with the employer in advance.
What conclusions can we draw from all of the above? Article 254 of the Labor Code of the Russian Federation regulates the following:
- a pregnant woman has the right to light work;
- a woman in the position may require the employer to meet her working conditions with the preservation of earnings;
- until the head does not provide suitable conditions, you can not go to work, but earnings will be preserved;
- You can go to the doctor during working hours, money for the day should be paid to a pregnant woman anyway;
- the employer has the right to demand a certificate from the doctor, but can not punish proof of stay in medical institutions.
It is these rules that have to be adhered to inRussia. Pregnant women have special rights. By the way, they can not be dismissed. Is that punishable for absenteeism. And then, if the employer can prove that the woman was just a walk, and was not at the doctor's.