Please notice that according to the current labour legislation, parents are provided with additional guarantees. It should be reminded that citizens have the right to use the following legislatively established norms to protect their rights in the process of performing labour activities:
– according to Art. 56 of the Labour Code, at the request of a pregnant woman, a woman with a child under the age of fourteen or a disabled child, including one under her care, or caring for a sick family member in accordance with a medical report, the owner or his/her authorized body is obliged to set for her to work part-time or part-time work week. In addition, the employer is obliged to establish part-time working hours if a father who brings up children without a mother turns to him/her with such a question (including in the case of a long stay of the mother in a medical institution); guardian, trustee, one of the adoptive parents, or one of the parent-educators.
Payment for labour in these cases is made in proportion to the worked time or depending on the output.
Part-time work does not entail any restrictions on the scope of workers’ labour rights.
– mothers of children under the age of one and a half years can use the breaks for feeding. Breaks for feeding one baby can be taken every three hours for 30 minutes, or they can be combined into one and used at the beginning or end of the work day. In the presence of two or more nursing infants, the duration of the break is set at least one hour. In accordance with Art. 183 of the Labour Code, the terms and procedure for granting breaks are established by the owner or his/her authorized body in agreement with the elected body of the primary trade union organization (trade union representative) of the enterprise, institution, organization and taking into account the wishes of the mother.
Breaks for feeding a child are included in working hours and paid according to average earnings.
– a pregnant woman, a mother with a child under the age of three (up to six years in case the child requires home care on the basis of a medical certificate), a single mother with a child under the age of fourteen or a disabled child cannot be terminated because of redundancy. Termination is possible only with the complete liquidation of an enterprise, institution, organization, under condition of further compulsory employment (Article 184 of the Labour Code).
– it is prohibited to involve pregnant women and women with children under the age of three years in night work, overtime work, work on weekends and sending them on business trips. It is not allowed to engage pregnant women and women with children under the age of three years to work at night, to overtime work and work on weekends, and to send pregnant women and women with children under the age of three on business trips (Article 176 of the Labour Code).
– women with children aged three to fourteen or disabled children cannot be involved in overtime work or sent on business trips without their consent (Article 177 Labour Code).
– it is prohibited to refuse to hire women and reduce their wages for reasons related to pregnancy or the presence of children under the age of three years, and single mothers – in the presence of a child under the age of fourteen or a child with disabilities. In case of refusal to hire these categories of women, the owner or the body authorized by him/her must inform them of the reasons for the refusal in writing. Refusal to hire can be appealed against in court (Article 184 of the Labour Code).
– due to the fact that the legislation does not provide for the obligation of the expectant mother to notify the employer that she is pregnant, when hiring a woman has the right to keep quiet about pregnancy.
In addition, the probationary period provided for hiring in some institutions for pregnant women, single mothers with a child under the age of fourteen or a child with a disability is not established (Art. 26 of the Labour Code).
– in accordance with Art. 38 of the Labour Code, an employee has the right to quit his/her job of his/her own free will without the obligatory two-week work. In the event that the employee’s application for termination from work of his/her own free will is due to the inability to continue work (including pregnancy; caring for a disabled child or child until he/she reaches the age of fourteen), the owner or his/her authorized body must terminate the employment contract on time that the employee is asking for.
In the event of labour disputes related to the implementation of the above statutory norms, we recommend to learn more about the algorithm for their solution: https://ombudsmandnr.ru/razyasnenie-upolnomochennogo-po-trudovym-sporam/.
