Official employment of a pregnant woman - is it real

This is due to the inability to predict the state of health (frequent sick leave is possible), the provision of maternity leave, the possibility of joining next vacation to maternity leave, the inability to fire a pregnant woman.

Thus, when hiring a pregnant woman, the employer risks getting an extremely unreliable, temporary employee. Even if the applicant sincerely strives to work with maximum efficiency, he cannot give guarantees that the state of health will allow this to be done.

In addition, on the part of job seekers, there is often a situation when, having learned about pregnancy on early dates, they try to get a job, with one goal - to receive payments and certain benefits. At the same time, the employer, as a rule, does not even know about the state of pregnancy of the applicant.

Increased state protection is provided to pregnant women as those in need of special social protection, while employers seek to avoid the need to provide maternity leave, long parental leave, other guarantees and benefits in connection with motherhood (established), in connection with which creates a conflict of interest and, as a result, litigation.

When considering cases of this category, the courts adhere to the position that in order to optimally reconcile the interests of the employer and the applicant, successful economic activity and effective management property, the employer independently, under his own responsibility, makes all personnel decisions on the selection and placement of personnel.

During judicial trial each party - both the pregnant woman and the employer - will have to confirm the circumstances to which they refer.

Case law on refusals to hire pregnant women

The court sided with the employer

Applicant N. sent a resume to a potential employer, after which she received a call and was invited for an interview. A few days later she was called back and invited to the personnel department, where she was given a referral to undergo a medical examination and briefing on labor protection. N. underwent a medical examination, during which pregnancy was revealed. N. also received a briefing on labor protection and fire safety, the corresponding personal card has been filled out. By telephone, an employee of the personnel department informed N. that her candidacy had been agreed with the chief accountant, the application had been signed, and she could start working from 23.05.2011. After that, N. wrote a letter of resignation from her previous job. After working for 2 weeks, she brought the documents to the personnel department, but when she came to work, she was informed that her application was not signed and she was denied employment. N. went to court with statement of claim about illegal refusal to hire due to pregnancy. The court, having examined the materials of the case, considered the refusal to accept justified, the claim of N. was not satisfied for the following reasons:

N. could not prove in court that the employer knew about her pregnancy, since the result of the medical examination is only a record of “fit” or “not fit”, full information on the state of health is contained only in a personal medical record stored in medical organization to which the employer did not have access.

N. did not provide evidence of a job offer, while the defendant presented not only a complete set of documents confirming the employment of another candidate, more suitable for business qualities, but also the approved procedure for selecting candidates from the enterprise, from which it followed that for a medical examination and briefings all candidates are sent, including those for whom a decision on admission has not yet been made.

After analyzing all the evidence in their totality, the court came to the conclusion that in court session the fact that N. was denied employment on grounds of a discriminatory nature due to pregnancy was not found to be confirmed. In this connection, the court sees no grounds for satisfying the plaintiff's claims to recognize the denial of employment as illegal and impose the obligation on the defendant to conclude an employment contract with the plaintiff.

conclusions

Thus, when selecting candidates for a job, the employer has the following advantages that should be remembered:

A job description containing a description of the employee's duties may also be presented to the court as proper evidence of the applicant's non-compliance.

The court granted the worker's claim

The plaintiff was interviewed for the vacancy of a teacher, after successfully passing the interview, her documents were sent for approval to the city administration. After agreement, she was given a referral to the medical commission, the commission was successfully passed, the personnel department employees acquainted the applicant with the charter, labor regulations, introduced the school teachers, familiarized them with the workplace, a list of students was issued, that is, she began to work as a teacher. On the second working day, the plaintiff was summoned to the school director's office, where she was asked about the date for going on maternity leave. The head of the prophylactic examination polyclinic with her medical card, and the midwife were also invited to the office. The principal of the school threatened the plaintiff by filing a complaint with the police on the fact of fraud due to the fact that the plaintiff did not report her pregnancy, returned all the documents to her, demanded that she no longer come. The plaintiff filed a lawsuit in court demanding that the refusal to hire was illegal.

The defendant did not recognize the claims, explaining to the court that the plaintiff voluntarily took away her documents and voluntarily refused to work at the school, in addition, the plaintiff did not pass the sanitary minimum. In making its decision, the court considered:

Availability of indisputable documents (minutes of the joint meeting of deputy directors for educational work, social educators, educators psychologists educational institutions, approval of the city administration)

Actual admission to work (witness testimony).

The presence of petitioner's signatures on all required documents including on-the-job training.

The defendant's representatives referred to the lack of a record that the employee had passed the sanitary minimum in the SES, which is necessary for pedagogical workers, in connection with which the plaintiff had no right to work with children. However, it is forbidden to require documents from a person applying for a job, in addition to those provided for in Article 65 of the Labor Code of the Russian Federation. The passage of the sanitary minimum required for teaching staff is not mandatory, the fact that there is no sanitary minimum required for teaching staff by virtue of SanPin 2.4.2. sanitary minimum and after hiring.

So, the court fully satisfied the claim of the employee - ordered the defendant to conclude an employment contract and make all payments determined by law.

conclusions

The key evidence in cases of coercion to conclude an employment contract with a pregnant woman is the proof of the very fact of labor relations as such, her admission to work.

If the court proves the fact of an employment relationship between a pregnant employee and an employer (even the shortest ones), the court will oblige the employer to issue an employment order, make an entry in the work book, and also pay wages in favor of the employee for the period worked and for the time forced absenteeism, compensation for unused vacation, maternity allowance, lump sum women registered in the early stages of pregnancy, compensation for non-pecuniary damage.

In a litigation, the following circumstances are also decisive: whether a legal entity made an offer about its vacancies (for example, a message about vacancies was sent to the employment service, placed in a newspaper, announced on the radio, announced during speeches to graduates educational institutions, posted on the bulletin board), whether there were negotiations for employment with this person.

Refusal to hire a pregnant woman should be made in writing, and it is important to certify it with the proper signature of the head or person acting by proxy. The delivery of the refusal must be recorded (delivered under the signature, or sent by registered mail).

How to find out about pregnancy at the interview stage?

Most employers are interested in the question of how to find out about the pregnancy of a potential employee at the interview stage. There is no legal way to do this.

Indirectly, at the stage of interviewing the question of possible state pregnancy are concerned (depending on the specifics of the company's activities) when discussing the possibility business trips, the presence / absence of harmful working conditions at the workplace, passing a medical examination (a preliminary medical examination, as a rule, involves the passage of a fluorography-X-ray chest which is contraindicated in pregnant women).

In any case, an employee can be sent for a preliminary medical examination only in cases strictly defined by law, and as a result of a medical examination, the employer will receive only information about the applicant’s professional suitability, information about the state of health is a medical secret and cannot be provided without the consent of the employee. Disclosure of such information entails responsibility both for employees of a medical organization and for a legal entity.

Employer's responsibility

If at the interview the applicant answered yes to the question about pregnancy, or on her own initiative reported her condition, the potential employer must understand that the rules established by Article 64 of the Labor Code of the Russian Federation apply. For violation of the rights of a pregnant woman, the perpetrator can be brought to administrative and even criminal liability.

For an unreasonable refusal to a pregnant woman to conclude an employment contract, for violation of the procedure for notifying the reason for the refusal, the employer may be held administratively liable under Part 1, Part 2 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

Article 145 of the Criminal Code of the Russian Federation for refusing to hire a pregnant woman provides for criminal liability for an official who has the appropriate administrative functions for hiring employees. A fine of up to 200,000 rubles or in the amount of wages or other income of the convict for a period of up to 18 months; or compulsory work for up to 360 hours.

Responsible persons can be brought to disciplinary responsibility in accordance with Article 192 of the Labor Code of the Russian Federation (remark, reprimand, dismissal).

Express your opinion about the article or ask the experts a question to get an answer

Maria Sokolova

Reading time: 9 minutes

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To date find Good work, and besides, highly paid, it is very difficult. And if a woman is pregnant, then this task is almost impossible. Indeed, many employers do not really want to accept an employee who will have to look for a replacement in a few months. But still, a pregnant woman should try her luck, because now she should think not only about herself, but also about the future baby.

Why should a pregnant woman work?

The birth of a baby and all the upcoming preparations for this happy moment require significant financial resources. costs. In addition, after childbirth, a woman cannot engage in full-fledged activities for several months or even several years. labor activity, which means family budget suffer serious losses.

Of course, a married expectant mother can count on her husband's help, but it will be much more difficult. Therefore, many women try to secure their near future financially to the maximum.

Pregnant women in search of work are motivated by the fact that it is necessary to earn extra money before the baby is born, and thanks to this they have the right to receive monthly payments from the employer.

The main benefits that a working pregnant woman is entitled to:

So pregnant unemployed woman loses some benefits and does not receive the four benefits listed above.

How to get a job for a future mother - problem solving

If you find out that you will have a baby, but you do not have a permanent job, it does not matter. A pregnant woman will get a job quite affordably. Of course, many employers are not eager to hire a woman in position, because in a few months she will need to look for a replacement, pay benefits, etc.

But there is a way out of this situation. In the early stages, pregnancy is not very noticeable, so you need to find a job as soon as possible.

While looking for a job, many women face various problems.

We list the main ones and find ways to solve them:

What positions can a pregnant woman really get?

The ideal employer for a pregnant woman is a government or commercial entity that offers full social package. Let the proposed position be not entirely in your specialty, but in 30 weeks you can easily go to maternity leave, and you are guaranteed to receive all the payments due to you.

Best for pregnant woman calm work that does not require nervous and physical stress is suitable. Such vacancies can be found in the office, archive, library, kindergarten, some areas of accounting.

You can try to get a job in a commercial structure. But don't hide your " interesting position", whatever then it was for him unpleasant surprise. Discuss this situation with a potential manager and talk about your advantages in comparison with other candidates. With this approach, the likelihood that you will get the desired position increases. In addition, in some specialties it is possible to work remotely. And if you perform well before maternity leave, your employer may agree that you would continue to perform your functional duties at home.

The most inappropriate same jobs for pregnant women are a bank employee and a postal operator, since here it is necessary to have endurance and peace of mind in order to resolve possible conflicts with customers.

Is it worth it to become a pregnant woman for the sake of payments?

If your search has not been successful, contact the employment center for help. There you will be offered suitable vacancies. And if there are none, then they will be registered as unemployed.

By registering with the employment center you will receive unemployment benefits, minimum size which is 890 rubles, and the maximum - 4 900 rubles. You will receive these payments until your maternity leave.

But remember that a woman who is registered for unemployment is not entitled to receive maternity benefits, the employment center does not make such payments. In addition, after you bring a certificate of incapacity to work to an employee of the labor exchange, you will no longer receive unemployment benefits. These payments will be resumed only when you are ready to look for work again and start working.

If you liked our article and have thoughts about it, please share with us! It is very important for us to know your opinion!

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. Besides, this question is also governed 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 severe, harmful conditions labor, 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 latest edition Probationary period when hiring a pregnant woman Organizations can often 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 action 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 onset of 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 RF and its territorial bodies have the right and obligation 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:

When employed, a probationary period is not established for her;
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 regulations labor law 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 workplace by contacting the relevant organizations for help.

About a year ago, I finally placed my 3-year-old daughter in a kindergarten, but I had to leave my job at the bank because of the constant sick leave for the child. So I started looking for a job with a more flexible schedule and a loyal employer. But the sudden news of the second pregnancy shocked me: how unemployed will I be relied upon minimum payouts, which for payment utilities barely enough. What can we say about the full content of both children?! Of course, there is a husband, but his salary is also not infinite.

All these thoughts prompted me to quickly look for a job: firstly, in order to save money from the salary for the dowry of the baby, and secondly, in order to receive at least some payments.

How I was looking for a job, being in a position

It was difficult to look for a job, because I needed a schedule up to 17.00 maximum in order to have time to pick up my daughter from the kindergarten. But I considered any suitable options where I hoped to meet the loyalty of the employer.

The process went according to the following scheme:

Search for suitable vacancies on various job sites.
Send resume to the employer's email address.
Telephone conversation with the employee responsible for the selection of personnel, and the appointment of an interview.
Interview.
Analysis of the proposed conditions and decision on whether this vacancy is suitable.

I chose absolutely any options that at least approximately corresponded to my qualifications, and sometimes even were significantly lower than it. I did not consider it shameful to consider even the vacancy of a seller or administrator.

My search continued for about a month. During this time, I went to several dozen and sent out about 50 resumes. Time passed, and I understood that in a few months it would be difficult for me to hide my position, so I urgently needed to get settled.

As a result, I found the best option for several jobs that allowed me to save money for the future and get official employment:

Administrator in dentistry with a schedule of 8.30-15.30 for 5 working days with official registration.
Remote home call center operator with a free schedule.

Taking my daughter to kindergarten in the morning, I ran to work. At the end of my shift, I picked up the child, put to bed and sat down for the second job until one in the morning. On weekends, parents sometimes took their daughter to their place, or my husband sat with her all day, and then I could still work additionally in a call center.

In this mode, I lived almost until the birth. It was difficult, given my difficult situation, but the money was needed more. Therefore, I tried to work every free minute, but still took care of myself, worrying about the health of the unborn baby.

Legislation of the Russian Federation on the rights of pregnant women

The Labor Code provides for a lot of benefits and concessions for pregnant women. But, unfortunately, it is not always possible to use them. However, all women in position need to be aware of their rights:

Right to work. Art. 170 of the Labor Code prohibits an employer from refusing to employ a pregnant woman because of her pregnancy. Unfortunately, many shy away from a direct answer when they refuse, referring to the fact that another suitable candidate was found for the vacancy.
The right to keep a job under any circumstances. You can't fire a pregnant woman. The exception is the liquidation of an enterprise or employment while the main employee is on maternity leave. But even in these cases, the pregnant woman has special privileges: upon liquidation of the enterprise, the employer undertakes to find an employee new position and pays average earnings within 3 months prior to employment new job. In temporary work, instead of a worker on maternity leave, when she leaves, the pregnant woman must be provided with any suitable alternative until the onset of maternity leave.

The right to preferential working conditions. Pregnant employees should not be involved in work in hazardous industries, as well as those associated with heavy physical labor. In addition, they do not have the right to send a pregnant woman on a business trip, leave her to work overtime or go out on a holiday or day off. In some cases, it is even possible to exercise the right to an individual work schedule with part-time employment during the day.
Right to health care. Almost every pregnant woman regularly visits various doctors and undergoes necessary examinations. Most often doctors work at the same time as most other people. If a woman provides a certificate stating that in work time she was in medical institution and passed the required examination, then these hours will be counted as worked.
Right to maternity leave. At the 30th week of pregnancy, a woman has the right to issue sick leave and leave work for maternity leave. The sick leave period is usually 140 days (with a singleton pregnancy): 70 days before the preliminary date of delivery and 70 days after delivery. At the end of the sick leave, an officially employed woman has the right to take parental leave until the child reaches 3 years of age.

In fact, it is much easier for pregnant women to find work in the early stages, as long as it is imperceptible to others. On later dates this is much more difficult to do, but it is possible, subject to certain conditions of the employer:

informal employment;
work under a civil law contract;
labor contract.

All options allow the employer to painlessly terminate the employment relationship by the time of childbirth, freeing up space for a new employee and eliminating additional personnel and accounting work.

The vacancy option depends on the qualifications and level of training of the applicant, but you can always get a job on the simplest and most popular vacancies:

Sales Manager;
administrator;
salesman;
dispatcher;
secretary or personal assistant;
clerk.

Where should a pregnant woman not look for work?

When looking for a job, it is better to avoid a number of vacancies right away so as not to waste extra time on them.

Production and work associated with hard physical labor. Almost any future mommy cares about the health of the unborn baby and does not want to harm him. Therefore, you should immediately exclude work related to physical activity(cleaner, maid, janitor), as well as any work related to hazardous substances (painter, operators in industrial workshops, laboratory assistant).
Traveling work. Professions such as supervisor, real estate agent, driver are associated with constant travel, unstable schedules and increased fatigue, which can pose a threat to a pregnant woman and her child.
Work in leadership positions. In addition to the fact that the responsible position of the head provides for frequent work in stressful situations, he is required to constantly control his unit.

It often happens that a woman in a position cannot find a suitable job or receives constant refusals from employers. You should not despair, because for such cases, you can consider the option of various part-time jobs.

official employment in this case is excluded, but such employment will allow you to save a certain amount of money with a free schedule:

Freelance (programming, design and layout, copywriting, translations, writing term papers and theses).
Needlework. If the expectant mother is fond of some kind of hand-made, then you can organize the sale of your own products. To do this, you can arrange the most elementary online store or group on social networks.
Own business. Before the birth of a child, you can start your own small business, which will be interesting and not require a lot of expenses. And a great many ideas for a start-up from scratch can be found on the Internet absolutely free.
. Through social media you can collect orders for various things to buy from wholesalers, earning on commission.
Babysitting. For future mother it will be useful to learn as much as possible about children, which can be realized by working part-time as a nanny.

Finding a job for a pregnant woman is not an easy task. But if the financial situation is not the most disastrous, but suitable job it was not found, but there is a spouse or parents who will take over the financial support of the expectant mother and child, then you can receive some benefit from permanently staying at home. After all, a housewife is also a profession that allows you not to earn, but to save a significant amount of money by looking for cheaper goods and products than in a nearby supermarket, and cooking homemade food, excluding spending on canteens and cafes.

Considering that the current Russian labor legislation provides for a large amount of additional guarantees for employees and job seekers who are in a position, when hiring pregnant women, there are a huge number of nuances and features that will be useful for employers and personnel specialists to know. Find out how to hire a pregnant woman, whether she can be denied employment, and other details of employment for pregnant women.

Legal regulation of employment of pregnant employees

Main normative document operating in Russian Federation and regulating personnel matters, is primarily the Labor Code of the Russian Federation. It is the provisions Labor Code most of the existing guarantees for pregnant employees are provided, related both to the direct performance of work duties or issues of dismissal, and to primary employment and hiring.

Regarding employment, first of all, the employer or staff members should pay attention to the provisions of the following articles of the Labor Code of the Russian Federation:

Art. 64 of the Labor Code of the Russian Federation.
Art. 70 of the Labor Code of the Russian Federation.
Art. 93 of the Labor Code of the Russian Federation.
Art. 96 of the Labor Code of the Russian Federation.
Art. 99 of the Labor Code of the Russian Federation.
Art. 122 of the Labor Code of the Russian Federation.
Art. 253 of the Labor Code of the Russian Federation.
Art. 255 of the Labor Code of the Russian Federation.
Art. 259 of the Labor Code of the Russian Federation.
Art. 260 of the Labor Code of the Russian Federation.
Art. 298 of the Labor Code of the Russian Federation.

The provisions of each of the above articles will be considered in more detail later when analyzing the most common or simply difficult situations for the employer or employee. Speaking about the legislation as a whole, it should be noted that the employment of pregnant women is a very complex and responsible procedure that many personnel specialists or employers do not want to deal with.

At the same time, inadequate actions of the personnel officer or the employer itself in relation to pregnant applicants can lead to even more backfire than the recruitment of such workers in itself.

Why employers do not want to hire pregnant women - the main reasons

Current business practice shows that employment of pregnant women most often deters potential employers. real reasons there is a lot to refuse pregnant women to work - the current legislation takes their issues very seriously legal protection, which may eventually lead to many negative consequences recruiting such women for the enterprise itself. First of all, to true reasons denials can include:

The impossibility of sending pregnant women to dangerous and harmful work. Legislation regulates the list hazardous work unacceptable for women. As for pregnant women, hiring them in dangerous or harmful conditions is considered absolutely unacceptable in accordance with the provisions of Articles 253 and 254 of the Labor Code of the Russian Federation.
Leave for pregnancy and childbirth and childcare. Any pregnant employee has the right to mandatory leave for the period of childbirth and pregnancy, as well as for the time of caring for a child for up to three years. At the same time, the employer is obliged to pay such an employee so-called “maternity” funds in the amount of average earnings for the entire period of pregnancy and childbirth, as well as the subsequent payment of funds for the period of caring for a child up to one and a half years. In addition, the employer must guarantee the preservation of her workplace, position and salary. Although in practice, almost all of these funds are ultimately compensated to the employer by the social insurance fund, the initial payment is made to them, and the state eventually loses an employee and requires a search for a temporary replacement for him.
Extended rules for granting regular leave. Pregnant employees, regardless of the length of their employment, may request leave at any time. Accordingly, the employer loses the opportunity to effectively use the drawn up vacation schedule and is forced to constantly risk the temporary loss of an employee for the period of the vacation of this woman. This issue is regulated by the provisions of Article 122 of the Labor Code of the Russian Federation. In addition, in relation to pregnant women, leave without pay is also provided at their request, and they themselves cannot be withdrawn from existing holidays.
Impossibility of dismissal of pregnant women. The provisions of Russian labor law clearly prohibit the dismissal of pregnant employees at the initiative of the employer, regardless of the reasons for such dismissal. 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. Accordingly, the employer does not have the opportunity to test the professional suitability of a new employee in practice and, in the event of unsatisfactory results, get rid of her inclusion in the permanent staff without consequences.
special mode of operation. Employers, when hiring pregnant employees, cannot establish the possibility of working overtime at the time of employment, holidays, night time, as well as apply other standards that do not correspond to labor standards for women. In addition, employees in the position also have the right to demand in without fail establishing a part-time work regime for them, which may affect efficient operation enterprises.

Considering all the above factors and features, the economic justification for hiring pregnant women, as well as the organizational justification, are almost completely absent. Usually Russian employers make an exception in similar situations only in cases of personal confidence and acquaintance with a specific applicant or in situations where such a specialist is critically necessary for the organization, and no other applicants in the region in deadlines just impossible to pick. In other cases, the hiring of pregnant women is an extremely rare event.

Refusal of a pregnant woman in employment - how to apply when possible

Since hiring pregnant women is associated with a number of difficulties and limitations of the employer itself, most personnel specialists, when considering such applicants, have a question about how to file a refusal of a pregnant woman in employment. The legislative standards set forth in the provisions of Article 64 of the Labor Code of the Russian Federation expressly prohibit refusing to conclude an employment contract with an applicant for a vacant position due to pregnancy. If the refusal is accompanied by an indication of just such a reason, the applicant will have the right to file a lawsuit against the employer or staff member and achieve a positive decision in her favor.

Accordingly, employers and personnel officers face the question correct design failurein at Eme to work for such applicants. It should be noted that even in case of refusal not because of the expectation of a child, if such a refusal to hire a pregnant woman is unreasonable, it can be challenged in judicial order. Therefore, the options for refusing a pregnant woman to receive can be as follows:

closevacancy due to hiring an employee earlier. In the event that one of the candidates was invited to this position earlier, then there is the possibility of refusing to occupy the position due to the fact that an agreement has already been concluded with another employee earlier. However, if the pregnant woman was invited directly to the interview, then such actions can be challenged in court. Therefore, it is possible to formulate a written refusal in this way only if the interview with the pregnant woman was not conducted.
Hiring another employee. The employer can close the vacancy by hiring another employee and after an interview with a pregnant woman. In particular, if the qualifications and other skills of such an employee turned out to be great. The wording of the refusal in such a case will contain as a reason the employment of an employee with a higher qualification. However, this decision can also be challenged by a pregnant woman in court - if the court finds that the qualifications of a pregnant applicant are higher, then it may recognize such a refusal to hire illegal.
Complete vacancy. In this case, the refusal may be due to the irrelevance of the vacancy. For example, in the event that a temporarily absent employee, for whom a replacement was selected, returned to the workplace, or the company's ability to provide new employees or the need for them has changed. However, in such a situation, if the refusal to employ a pregnant woman is challenged in court, hiring a person for a similar vacancy within a short time after the actual refusal will be unequivocal evidence for the court that the applicant’s refusal to accept is unreasonable.
Non-compliance with job requirements. An important factor in this case, it is the method of publishing the vacancy, as well as the completeness of the information specified in the vacancy and the requirements for the employee. In particular, another reason for refusing to provide a job may be a mismatch of the qualifications required. A pregnant woman can challenge such a refusal in court only if her actual qualifications really corresponded to the requirements specified in the vacancy, and she provided the employer with evidence of such qualifications. If it did not meet the set requirements, then in this case the refusal will be fully justified and cannot be challenged in court.

This list of methods for refusing to hire a pregnant woman is complete enough for most personnel specialists and employers to be able, with impunity and in accordance with the requirements of the law, to avoid the mandatory employment of a pregnant employee. However, great attention pay attention to the issues of applying for a vacancy and fixing a refusal to hire for the exact reasons mentioned above - among them, in no case should there be a mention of pregnancy.

Other nuances of employment of pregnant women and their employment

When hiring pregnant employees and women in general, the employer or HR professional may not be aware of possible pregnancy such an employee. However, this does not release the employer from all relevant obligations when such a pregnancy is found. The most controversial situations that raise questions from employers and personnel officers are the following points:

Employee did not disclose her pregnancy and was hired on probation. Regardless of whether the applicant intentionally or unintentionally failed to provide information about the pregnancy, as soon as she reports it to the employer with the appropriate certificate, the probationary period must be canceled and she herself must be enlisted on the basis of a full employment contract.
Urgent hiring of a pregnant woman employment contract . Even for the performance of urgent or seasonal work, pregnant employees can be involved only if their rights are fully respected by the employer. That is, they will be entitled to receive payments in the amount of the average monthly earnings, even if the maternity leave and its end are later than the end date of the fixed-term employment contract.
Dismissal of a pregnant employee before the end of the probationary period or as a result of it. This is one of the most difficult cases. In such a situation, the dismissal in any case will be illegal if it took place after the onset of pregnancy, including if a certificate of it was received by the employee herself after the dismissal itself. However, if the employer in good faith treats the resolution of such an issue and reinstates the employee to work in a pre-trial order, then he will not be held administratively or criminally liable if there is no actual guilt in his actions.

Thus, one of the key aspects of the current legislation regarding the employment of pregnant women is the obligatory nature of all labor standards to protect such women. At the same time, neither the employer's awareness of the pregnancy, nor the knowledge of the applicant herself or the employee already hired is of no importance - the laws of Russia provide the same protection for the pregnant woman in any case.

The attention of personnel specialists and employers should be drawn to the fact that it is illegal to demand information or certificates of the absence of pregnancy from applicants. In addition, it is also illegal to indicate in the vacancy information about the non-acceptance of pregnant workers for the position. The requirement to sign receipts or other documents on the absence of pregnancy by an employee is also illegal.

Even if such documents are signed, they have no legal force and cannot be the basis for dismissal or protection of the employer from the application of sanctions specified by law against him.

Responsibility for not hiring a pregnant woman

Denying employment 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 or income up to 18 months, and the punishment may include the assignment of compulsory work up to 360 hours.
Article 5.27 of the Code of Administrative Offenses of the Russian Federation. This article considers labor violations in general, and involves the imposition of administrative responsibility for non-compliance with certain standards of the Labor Code of the Russian Federation, which do not constitute a criminal offense.

The attention of personnel specialists and employers should be drawn to the fact that the responsibility for the above articles is solely executive, who approved the dismissal or refusal to hire, and not the owner of the enterprise or a leader unrelated to the actual paperwork, albeit a higher one. Also, liability is not provided if the dismissal or refusal to hire was justified, and the employer or the official, in the event of dismissal, did not know about the employee’s pregnancy and are ready to reinstate her at work from the moment of dismissal and subject to accrual of all wages for the missed period of forced absenteeism.