The norms of labor legislation regulating the use of women's labor. Features of the regulation of the labor of women and persons with family responsibilities. Features of the regulation of women's labor

12.05.2020

According to the subject composition, this category of workers can be classified as follows:

1) pregnant women;

2) women with children under the age of one and a half years;

3) persons raising children (children) without a mother;

4) persons with family responsibilities.

In this lecture, the following features of the regulation of the labor of women and persons with family responsibilities will be considered:

1) transfer to another job of pregnant women and women with children under the age of one and a half years;

2) leave (for pregnancy and childbirth, for childcare, for employees who have adopted a child, additional leave without pay for persons caring for children);

3) special breaks for feeding the child;

4) guarantees when sent on business trips, engaging in work outside the normal duration - overtime work, also to work at night, weekends and non-working holidays;

5) guarantees upon termination employment contract;

6) additional days off for persons caring for disabled children and women working in countryside;

7) guarantees and benefits for persons raising children without a mother

The use of women's labor is limited hard work and work with harmful and (or) hazardous conditions labor, as well as underground work, with the exception of non-physical work or work on sanitary and domestic services.

It is forbidden to use the labor of women in work related to the lifting and manual movement of weights that exceed the maximum allowable norms for them. The norms of maximum permissible loads for women when lifting and moving weights by hand, approved by Decree of the Government of the Russian Federation of February 6, 1993 N 105.

The lists of industries, jobs and positions with harmful and (or) dangerous working conditions, where the use of women's labor is limited, and the maximum allowable load standards for women when lifting and moving weights manually are approved in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission on regulation of social and labor relations.

At present, Decree of the Government of the Russian Federation of February 25, 2000 N 162 is in force, establishing the "List of heavy work and work with harmful or dangerous working conditions", in the performance of which the use of women's labor is prohibited.

Transfer to another job of pregnant women and women with children under the age of one and a half years. A feature of this transfer is the preservation of the average earnings of a pregnant woman, regardless of the new job. Thus, in accordance with a medical report and at their request, pregnant women are reduced production rates, service rates, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings for previous work.

Until a pregnant woman is provided with another job that excludes the impact of adverse production factors, she is subject to release from work with the preservation of the average earnings for all missed working days as a result of this at the expense of the employer.

When passing a mandatory dispensary examination in medical institutions reserved for pregnant women average earnings at the place of work.

Women with children under the age of one and a half years, if it is impossible to perform their previous work, they are transferred, upon their application, to another job with wages for the work performed, but not lower than the average earnings for the previous job until the child reaches the age of one and a half years.

Maternity leave is characterized by the following main criteria:

1) the reason for the leave is the application of the woman and the presence of a certificate of incapacity for work issued in accordance with the established procedure;

2) duration of leave 70 (in case of multiple pregnancy - 84) calendar days before delivery and 70 (in case of complicated delivery - 86, in case of birth of two or more children - 110) calendar days after delivery;

3) payment of benefits for state social insurance in the amount established by the Federal Law.

The amount of the benefit is currently set by the Temporary Disability Benefits Provision Act.

So according to Art. 11 of this law, the amount of the maternity benefit is established based on the following factors:

1. The benefit is paid to an insured woman in the amount of 100 percent of the average earnings.

2. The amount cannot exceed the maximum amount of the maternity allowance established by the federal law on the budget of the Social Insurance Fund of the Russian Federation for the next financial year (as of February 1, 2007 - 16125 rubles) * (94). If the insured person works for several employers, the amount of the maternity allowance cannot exceed the specified maximum amount of the specified allowance for each place of work.

3. An insured woman who has an insurance period of less than six months is paid an allowance in an amount not exceeding the minimum wage established by the Federal Law for a full calendar month, and in areas and localities in which district coefficients are applied in the prescribed manner to wages, in an amount not exceeding the minimum wage, taking into account these coefficients.

Maternity leave is calculated in total and is granted to the woman completely regardless of the number of days she actually used before giving birth.

The birth of a child is the basis for granting parental leave.

Such leave is granted at the request of the woman until the child reaches the age of three years. The procedure and terms for the payment of benefits for state social insurance during the period of the specified vacation are determined by the Federal Law.

The peculiarity of the use of parental leave is that such leave can be used in full or in parts also by the child's father, grandmother, grandfather, other relative or guardian who is actually caring for the child.

According to the application of the woman or the indicated persons, while on parental leave, they can work part-time or at home, while retaining the right to receive state social insurance benefits.

For the period of parental leave, the employee retains the place of work (position).

Parental leave is counted in the general and uninterrupted seniority, as well as the length of service in the specialty (with the exception of cases of early appointment of an old-age labor pension).

Holidays for employees who have adopted a child. Taking care of children, the state guarantees employees the same guarantees and compensations, regardless of whether the woman gave birth to the child herself or whether he was adopted.

Employees who have adopted a child are granted leave for the period from the date of adoption until the expiration of 70 calendar days from the date of birth of the adopted child, and in case of simultaneous adoption of two or more children - 110 calendar days from the date of their birth.

At the request of employees who have adopted a child (children), they are granted parental leave until they reach the age of three years.

In the event of the adoption of a child (children) by both spouses, these holidays are granted to one of the spouses at their discretion.

Women who have adopted a child, at their request, instead of the specified leave, are granted maternity leave for the period from the date of adoption of the child until the expiration of 70 calendar days, and if two or more children are adopted simultaneously - 110 calendar days from the date of their birth.

The order of granting the specified holidays providing preservation of secret of adoption, is established by the Government of the Russian Federation * (95).

Breaks for feeding the baby. Working women with children under the age of one and a half years are provided, in addition to a break for rest and food, additional breaks for feeding the child (children) at least every three hours, lasting at least 30 minutes each.

If a working woman has two or more children under the age of one and a half years, the duration of the break for feeding is set at least one hour.

Together, short breaks (30 minutes) do not always allow them to be fully used for their intended purpose. That is why, according to the woman, breaks for feeding the child (children) are added to the break for rest and food, or in a summarized form are transferred both to the beginning and to the end of the working day (work shift) with a corresponding reduction in it (her).

These breaks are included in working time and are payable in the amount of average earnings.

Guarantees for pregnant women and persons with family responsibilities when working outside of normal working hours and under conditions other than normal.

For pregnant women it is prohibited:

2) involvement in overtime work;

3) attraction to work at night, weekends and non-working holidays.

Sending on business trips, engaging in overtime work, night work, weekends and non-working holidays of women with children under the age of three years is allowed only with their written consent and provided that this is not prohibited to them in accordance with a medical report issued in accordance with the procedure established by the Federal Law and other regulatory legal acts RF. At the same time, women with children under the age of three must be informed in writing of their right to refuse to be sent on a business trip, to engage in overtime work, work at night, weekends and non-working holidays.

Considered warranties are also provided:

1) mothers and fathers raising children under the age of five years without a spouse;

2) employees with disabled children;

3) employees caring for sick members of their families in accordance with a medical report.

The described features of the regulation of the labor of pregnant women determine the right of this category of workers to choose the time of the annual paid leave. Thus, before maternity leave or immediately after it, or at the end of parental leave, a woman, at her request, is granted annual paid leave, regardless of the length of service this employer.

Reliable realization of constitutional rights and freedoms in the field of motherhood and fatherhood is impossible "without interruption" from the fulfillment of one's job duties, which may serve as a basis for termination of the employment contract at the initiative of the employer. That is why Art. 261 of the Labor Code of the Russian Federation provides additional guarantees pregnant women, women with children, and persons raising children without a mother, upon termination of an employment contract

Termination of an employment contract at the initiative of the employer with pregnant women is not allowed, except in cases of liquidation of the organization or termination of activities individual entrepreneur.

In the event of the expiration of a fixed-term employment contract during the woman's pregnancy, the employer is obliged, upon her written application and upon presentation of a medical certificate confirming the state of pregnancy, to extend the validity of the employment contract until the end of pregnancy. For pregnant women who are labor relations with employers on the basis of fixed-term employment contracts, Part 2, Art. 261 of the Labor Code of the Russian Federation provides certain guarantees * (96). If the term of the employment contract expires during the pregnancy of a working woman, the employer is obliged, at her request, to extend the term of the employment contract until she has the right to maternity leave, however, in this case, the fixed-term employment contract is not transformed into a contract concluded for an indefinite period, and ends with the date of the employee's departure on maternity leave * (97).

It is allowed to dismiss a woman due to the expiration of the employment contract during her pregnancy, if the employment contract was concluded for the duration of the duties of the absent employee and it is impossible, with the written consent of the woman, to transfer her before the end of pregnancy to another job available to the employer (as vacant position or a job corresponding to the qualifications of a woman, and a vacant lower position or lower paid job) that a woman can perform, taking into account her state of health. At the same time, the employer is obliged to offer her all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

Termination of an employment contract at the initiative of the employer is not allowed (with the exception of dismissal on the grounds provided for in clauses 1, 5-8, 10, 11, part 1, article 81 or clause 2, article 336 of the Labor Code of the Russian Federation) with the following categories of employees:

1) with women who have children under the age of three;

2) single mothers raising a child under the age of fourteen (a disabled child under eighteen);

3) other persons raising these children without a mother.

At the same time dismissal of the pregnant woman on other circumstances, for example - not dependent on will of the parties will be quite reasonable * (98).

Dismissal of a pregnant woman in violation of Art. 261 of the Labor Code of the Russian Federation, of course, indicates the groundlessness this decision and, accordingly, on the presence of signs of a crime under Art. 145 of the Criminal Code of the Russian Federation * (99).

Along with women, other categories of workers may perform childcare responsibilities.

1. So one of the parents (guardian, custodian) for the care of disabled children, upon his written application, is provided with four additional paid days off per month, which can be used by one of these persons or divided by them among themselves at their discretion. Payment for each additional day off is made in the amount and in the manner established by the Federal Law * (100).

2. An employee with two or more children under the age of fourteen, an employee with a disabled child under the age of eighteen, a single mother raising a child under the age of fourteen, a father raising a child under the age of fourteen without a mother, the collective agreement may establish additional annual leave without pay at a time convenient for them for up to 14 calendar days. The specified leave, upon a written application of the employee, may be attached to the annual paid leave or used separately in full or in parts. The transfer of this leave to the next working year is not allowed.

Introduction

The objectives of labor legislation are to establish state guarantees of labor rights and freedoms of citizens, create favorable working conditions, protect the rights and interests of workers and employers.

The need for special regulation of women's labor is primarily due to the fact that this category of the population is the most vulnerable to the impact of negative production factors, such as heavy workloads, harmful (dangerous) working conditions. Pregnant women or women with children need to reduce production rates, service rates or be transferred to another job that excludes the impact of adverse production factors in order to ensure the preservation of the woman's health and the full development of the child.

For persons under the age of eighteen, special working conditions are also necessary, primarily related to lowering production standards and protecting minors from work that can have a negative impact on their moral development.

Features of the regulation of women's labor

Article 253

The use of women's labor in hard work and work with harmful and (or) dangerous working conditions, as well as in underground work, is limited, with the exception of non-physical work or work on sanitary and domestic services.

It is forbidden to use the labor of women in work related to the lifting and manual movement of weights that exceed the maximum allowable norms for them.

Lists of industries, jobs, professions and positions with harmful and (or) dangerous working conditions, in which the use of women's labor is limited, and the maximum allowable load standards for women when lifting and moving heavy loads manually are approved in the manner established by the Government Russian Federation taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

1. Labor legislation contains special norms aimed at labor protection and women's health.

restriction on the use of women's labor in heavy work and work with harmful and (or) dangerous working conditions, as well as in underground work (except for non-physical work or work on sanitary and domestic services) in accordance with the list of such industries, works, professions and positions;

a ban on the use of women's labor in work related to lifting and manually moving loads that exceed the maximum allowable norms for them, determined by the corresponding list.

2. The list of heavy work and work with harmful or dangerous working conditions, in the performance of which the use of women's labor is prohibited, was approved by Decree of the Government of the Russian Federation of February 25, 2000 No. 162 (SZ RF, 2000, No. 10, art. IZO).

The employer can make a decision on the use of women's labor in the jobs (professions, positions) included in the list, subject to the creation of safe working conditions, confirmed by the results of attestation of workplaces, with a positive conclusion state expertise working conditions and service of the State Sanitary and Epidemiological Supervision of the constituent entity of the Russian Federation (note 1 to the List).

The list defines the types of underground work in the mining industry and in the construction of underground structures where the use of women's labor is allowed. The positions of managers, specialists and other workers associated with underground work, where, as an exception, the use of female labor is allowed, are given in paragraph 2 of the annexes to the above List.

3. In order to ensure the health and safety of working conditions for women working in organizations of any organizational and legal form and type of ownership, the Council of Ministers - the Government of the Russian Federation by Decree No. 105 of February 6, 1993 (SAPP RF, 1993, No. 7, Art. 566) norms of maximum permissible loads for women when lifting and moving weights manually have been approved.

Article 254. Transfer to another job of pregnant women and women with children under the age of one and a half years

Pregnant women, in accordance with a medical report and upon their application, have reduced production rates, service rates, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining their average earnings from their previous job.

Until the issue of providing a pregnant woman with other work, excluding the impact of adverse production factors, is resolved, she is subject to release from work with the preservation of average earnings for all missed working days as a result of this at the expense of the employer.

When undergoing a mandatory dispensary examination in medical institutions, pregnant women retain their average earnings at the place of work.

Women with children under the age of one and a half years, in case of impossibility to perform the previous work, are transferred at their request to another job with the preservation of the average earnings from the previous job until the child reaches the age of one and a half years.

1. The basis for reducing the production norms for pregnant women, the norms of service, or for their transfer to another job is a medical report and a statement from the woman.

An employer's refusal to reduce a pregnant woman's production standards, service standards, or transfer her to another job that excludes the impact of adverse production factors may be challenged in court.

2. Until the issue of providing a pregnant woman with other work, excluding the impact of adverse factors, is resolved, she is subject to release from work with the preservation of the average earnings for all the days missed as a result of this.
3. Since the work of pregnant women working in rural areas in crop and livestock production is prohibited from the moment pregnancy is detected, the employer is obliged to release the woman from such work (while maintaining average earnings) on the basis of a certificate of pregnancy. No special medical opinion is required in this case (decree of the Plenum Supreme Court RSFSR dated December 25, 1990 No. 6 "On some issues arising in the application by courts of legislation regulating the labor of women" - Collection of decisions of the Plenum of the Supreme Court of the Russian Federation. M., 1997. S. 103).

The employer is obliged to release a pregnant woman from work when she undergoes a mandatory dispensary examination while maintaining her average earnings.

The employer's refusal to transfer a woman with a child under the age of one and a half years, if she cannot perform her previous job to another job, may be challenged in court.

Article 255. Leave for pregnancy and childbirth

Women, upon their application and in accordance with a medical report, are granted maternity leave of 70 (in case of multiple pregnancy - 84) calendar days before childbirth and 70 (in case of complicated childbirth - 86, in case of birth of two or more children - 110) calendar days. days after childbirth with the payment of state social insurance benefits in the amount established by law.

Maternity leave is calculated in total and is granted to the woman completely regardless of the number of days she actually used before giving birth.

1. When an employer provides an appropriate medical opinion, women, upon their application, are granted maternity leave, the duration established by the first part of Art. 255 of the Code.

Maternity leave of longer duration is granted to women living (working) in the territory of the zone of residence with the right to resettlement. The duration of vacations is: 90 days before childbirth and 70 days for normal childbirth, 86 days for complicated childbirth, BUT days for the birth of two or more children (Law of the RSFSR "On social protection citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant "- Vedomosti RSFSR, 1991, No. 21, p. 699).

The Fundamentals of the RF Legislation on the Protection of Citizens' Health (Vedomosti RF, 1993, No. 33, Article 1318) determines that women may be granted extended maternity leave in accordance with the legislative acts of the constituent entities of the Russian Federation.

2. An allowance is paid to women during the time they are on maternity leave. The allowances are established by Art. 8 of the Federal Law of May 19, 1995 No. 81-FZ "On State Benefits for Citizens with Children" (SZ RF, 1995, No. 21, Art. 1929).

The allowance for pregnancy and childbirth is established in the amount of:

average earnings (income) at the place of work - for women subject to state social insurance, as well as women from among civilian personnel military formations of the Russian Federation located on the territory of foreign states in cases provided for by international treaties of the Russian Federation;

the minimum wage - for women dismissed in connection with the liquidation of the organization, within 12 months preceding the day they were recognized as unemployed in the prescribed manner;

Scholarships - for women studying off-the-job in educational institutions primary vocational, secondary vocational and higher vocational education and institutions of postgraduate professional education;

monetary allowance - to women undergoing military service under a contract, serving as private and commanding officers in internal affairs bodies, institutions and bodies of the penitentiary system.

3. Maternity leave is calculated in total, i.e. if the prenatal period turned out to be less, the remaining days are added to the days of leave granted to the woman after childbirth.

Article 256. Child care leave

At the request of a woman, she is granted parental leave until the child reaches the age of three. The procedure and terms for the payment of benefits for state social insurance during the period of the specified vacation are determined by federal law.

Parental leave may be used in whole or in parts also by the child's father, grandmother, grandfather, other relative or guardian who actually cares for the child. At the request of a woman or persons referred to in paragraph two of this article, while on leave to care for a child, they may work part-time or at home, while retaining the right to receive state social insurance benefits. For the period of parental leave, the employee retains the place of work (position).

Leaves for childcare are counted in the general and continuous work experience, as well as in the length of service in the specialty (with the exception of cases where a pension is granted on preferential terms).

1. Leave to care for a child until the child reaches the age of three years is granted to a woman upon her application.

The state social insurance allowance is currently paid until the child reaches the age of one and a half years. These terms are determined by Federal Law No. 81-FZ of May 19, 1995 (SZ RF, 1995, No. 21, Art. 1929). The same Federal Law defines the circle of persons entitled to receive benefits, and the amount of benefits, which currently amounts to two minimum size wages established by federal law, regardless of the number of children being cared for. The procedure for paying benefits for caring for a child until he reaches the age of one and a half years is determined by the Regulations on the procedure for the appointment and payment of state benefits to citizens with children, approved. Decree of the Government of the Russian Federation of 04.10.95 No. 883 (SZ RF, 1995, No. 37, Art. 3628).

2. Childcare leave can be used not only by the mother, but also by another person listed in the second part of Art. 256 of the Code, actually caring for the child.

When registering leave to care for a child, the person actually caring for him must submit a certificate from the place of work (study, service) of the mother of the child stating that she does not use the specified leave and does not receive a monthly allowance for the period of leave to care for the child until reaching them to increase one and a half years.

3. A person caring for a child and being on leave in connection with this has the right to work on a part-time basis or at home. The legislator has not established a requirement that such work can only be performed by the employer with whom the employee on parental leave has an employment relationship. Also, the procedure for employment with another employer is not defined, therefore, it can be assumed that such employment is similar to entering a part-time job (Articles 282, 283 of the Code). Persons who work part-time or at home while on parental leave remain entitled to receive state social insurance benefits.

For employees who are on parental leave, the place of work (position) is retained, i.e. they cannot be dismissed at the initiative of the employer (except in cases of liquidation of the organization or termination of activity by the employer - individual) were transferred to another job.

Leave to care for a child is counted in all types of length of service, except for cases of granting a pension on preferential terms, for length of service and other cases established by federal laws. Article 121 of this Code also establishes that the time of parental leave is not included in the length of service that gives the right to receive annual paid leave.

Article 258. Breaks for feeding a child

If a working woman has two or more children under the age of one and a half years, the duration of the break for feeding is set at least one hour. At the request of the woman, breaks for feeding the child (children) are added to the break for rest and nutrition, or in a summarized form are transferred both to the beginning and to the end of the working day (work shift) with a corresponding reduction in it (her). Breaks for feeding the child (children) are included in working hours and are payable in the amount of average earnings.

Breaks for feeding a child under the age of one and a half years are provided to a woman, regardless of whether she is breastfeeding or the child is bottle-fed.

Because breastfeeding breaks can be moved to either the beginning or the end of the working day, a woman can start work later or finish work earlier during these breaks.

Regardless of the order in which a woman uses her right to breastfeeding breaks (uses them during the working day, starts work later or finishes work earlier), the time of these breaks is included in working hours and is paid in the amount of her average earnings.

"Personnel issue", 2012, N 8

PECULIARITIES OF REGULATION OF THE LABOR OF WOMEN AND CHILDREN

Features of labor regulation - norms that partially restrict the application general rules on the same issues or providing for certain categories workers additional rules. The issues of labor regulation of certain categories of workers are discussed in Section. XII Labor Code Russian Federation.

According to Art. 252 of the Labor Code of the Russian Federation, it is determined that the nature and working conditions, psychophysiological characteristics of the body, natural and climatic conditions, the presence of family responsibilities, as well as other grounds provided for by the Labor Code of the Russian Federation or other normative documents. Features of labor regulation should be contained in the employment contract, collective agreement, agreements, local regulations. At the same time, the features of labor regulation, which entail a decrease in the level of guarantees for employees, restriction of their rights, increase in their disciplinary and (or) material liability, can be established exclusively by the Labor Code of the Russian Federation or in the cases and in the manner provided for by it.

Features of the regulation of the labor of women and persons

with family responsibilities

Restriction of women's work

According to Art. 253 of the Labor Code of the Russian Federation restricts the use of women's labor in heavy work and work with harmful and (or) dangerous working conditions, as well as in underground work, with the exception of non-physical work or work on sanitary and domestic services. It is forbidden to use the labor of women in work related to the lifting and manual movement of weights that exceed the maximum allowable norms for them.

The list of hard work and work with harmful and dangerous working conditions, in the performance of which the use of women's labor is prohibited, was approved by Decree of the Government of the Russian Federation of February 25, 2000 N 162 (hereinafter - the List). According to this List, the use of women's labor in certain positions in the following sectors is prohibited:

Work related to lifting and moving heavy objects manually;

Underground works;

Metalworking;

Construction, installation and repair and construction works;

Mining;

Geological exploration and topographic and geodetic works;

Drilling of the wells;

Oil and gas;

Ferrous metallurgy;

Non-ferrous metallurgy;

Repair of equipment of power plants and networks;

Production of abrasives;

Electrical production;

Radio engineering and electronic production;

Manufacture and repair of aircraft;

Shipbuilding and ship repair;

Chemical production;

Production and processing of rubber compounds;

Processing of oil, gas, shale and coal, production of synthetic petroleum products, petroleum oils and lubricants;

Logging and timber rafting;

Production of pulp, paper, cardboard and products from them;

Cement production;

Manufacture of reinforced concrete and concrete products and structures;

Production of thermal insulation materials;

Production of soft roofing and waterproofing materials;

Manufacture of glass and glass products;

Textile and light industry;

food industry;

Rail transport and subway;

Automobile transport;

Sea transport;

River transport;

Civil Aviation;

Printing production;

Manufacture of musical instruments;

Agriculture;

Works performed in various sectors of the economy.

Regulation of the labor of women working in rural areas

Decree of the Supreme Council of the RSFSR of November 1, 1990 N 298/3-1 approved urgent measures to improve the status of women, families, motherhood and childhood (hereinafter - Urgent measures). According to this document, women in rural areas are established:

The duration of the annual basic leave is not less than 28 calendar days;

One additional day off per month without pay;

36-hour working week, unless a shorter working week is provided for by other legislative acts. At the same time, wages are paid in the same amount as for the full duration of weekly work (41 hours);

Benefit at the place of work of the mother, father or guardian for the care of a child up to the age of three years on a monthly basis in the amount of the minimum wage for the first child with an increase in the benefit by 50% for each subsequent child. For persons residing in regions and localities where regional wage coefficients are established, the amount of the allowance is determined using the coefficients. If there are different coefficients for wages in a given area, then the coefficients established for the wages of workers and non-production employees are applied;

Increased by 30% wages for women in jobs where, according to working conditions, the working day is divided into parts (with a break of more than 2 hours);

Pregnant women and nursing mothers receive free distribution of food products produced by the farm. The norms of issuance are established by the labor collective.

Labor of pregnant women and workers,

having children under the age of 3

The provision of Art. 254 of the Labor Code of the Russian Federation establishes the procedure for transferring pregnant women and women with children under the age of one and a half to another job. Pregnant women, in accordance with a medical report and upon their application, have reduced production rates, service rates, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining their average earnings from their previous job. Recall that the average earnings are calculated based on the procedure established by Decree of the Government of the Russian Federation of December 24, 2007 N 922.

When undergoing a mandatory dispensary examination in medical institutions, pregnant women retain their average earnings at the place of work.

Pregnant women are granted maternity leave upon their request. The basis for granting leave is a temporary disability certificate issued in accordance with the requirements of the Order of the Ministry of Health and Social Development of June 29, 2011 N 624n. The duration of the leave is 70 (in case of multiple pregnancies - 84) calendar days before childbirth and 70 (in case of complicated childbirth - 86, in case of birth of two or more children - 110) calendar days after childbirth. Maternity leave is calculated in total and is granted to the woman completely regardless of the number of days she actually used before giving birth.

At the request of a woman, she is granted parental leave until the child reaches the age of three. The procedure and terms for paying benefits for state social insurance during the period of the specified vacation are determined by federal laws (Article 256 of the Labor Code of the Russian Federation). Parental leave may be used in whole or in parts also by the child's father, grandmother, grandfather, other relative or guardian who actually cares for the child.

At the request of a woman or persons referred to in paragraph 2 of this article, while on parental leave, they can work part-time or at home, while retaining the right to receive state social insurance benefits. For the period of parental leave, the employee retains the place of work (position).

Article 257 of the Labor Code of the Russian Federation regulates the procedure for the leave of employees who have adopted children. Employees who have adopted a child are granted leave for the period from the date of adoption until the expiration of 70 calendar days from the date of birth of the adopted child, and in case of simultaneous adoption of two or more children - 110 calendar days from the date of their birth.

At the request of employees who have adopted a child (children), they are granted parental leave until they reach the age of three years.

In the event of the adoption of a child (children) by both spouses, these holidays are granted to one of the spouses at their discretion.

Women who have adopted a child, at their request, instead of the leave specified in paragraph 1 of this article, are granted maternity leave for the period from the date of adoption of the child until the expiration of 70 calendar days, and if two or more children are adopted simultaneously - 110 calendar days from the day they were born.

Working women with children under the age of one and a half years are provided, in addition to a break for rest and food, additional breaks for feeding the child (children) at least every three hours, lasting at least 30 minutes each (Article 258 of the Labor Code of the Russian Federation). If a working woman has two or more children under the age of one and a half years, the duration of the break for feeding is set at least one hour.

At the request of the woman, breaks for feeding the child (children) are added to the break for rest and nutrition, or in a summarized form are transferred both to the beginning and to the end of the working day (work shift) with a corresponding reduction in it (her).

Breaks for feeding the child (children) are included in working hours and are payable in the amount of average earnings.

It should also be remembered that pregnant women cannot be involved in overtime work, work at night, weekends and non-working holidays, as well as go on business trips. Sending on business trips, engaging in overtime work, night work, weekends and non-working holidays of women with children under the age of three years is allowed only with their written consent and provided that this is not prohibited to them in accordance with a medical report . At the same time, women with children under the age of three must be informed in writing of their right to refuse to be sent on a business trip, to engage in overtime work, work at night, weekends and non-working holidays.

The above provisions apply to mothers and fathers raising children under the age of five without a spouse, employees with disabled children, and employees caring for sick members of their families in accordance with a medical report.

In accordance with Art. 260 of the Labor Code of the Russian Federation, a woman, at her request, may be granted annual paid leave, regardless of the length of service with this employer before or immediately after maternity leave.

It is not allowed to terminate an employment contract with a pregnant woman at the initiative of the employer (Article 261 of the Labor Code of the Russian Federation). In the event of the expiration of a fixed-term employment contract during the woman's pregnancy, the employer is obliged, upon her written application and upon presentation of a medical certificate confirming the state of pregnancy, to extend the validity of the employment contract until the end of pregnancy. A woman whose employment contract has been extended until the end of pregnancy is obliged, at the request of the employer, but not more than once every three months, to submit a medical certificate confirming the state of pregnancy. If at the same time the woman actually continues to work after the end of pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day when the employer found out or should have found out about the fact of the end of pregnancy.

It is allowed to dismiss a woman due to the expiration of the employment contract during her pregnancy, if the employment contract was concluded for the duration of the duties of the absent employee and it is impossible, with the written consent of the woman, to transfer her before the end of pregnancy to another job available to the employer (as a vacant position or job, corresponding to the woman's qualifications, as well as a vacant lower position or lower paid job) that a woman can perform, taking into account her state of health. At the same time, the employer is obliged to offer her all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

It is also not allowed to terminate an employment contract with women with children under the age of three, single mothers raising a child under the age of fourteen (a disabled child under eighteen), other persons raising these children without a mother, at the initiative of the employer. The following cases are an exception:

1) liquidation of the organization or termination of activity by an individual entrepreneur;

2) repeated non-fulfillment by the employee without good reasons labor duties, if he has a disciplinary sanction;

3) a single gross violation of labor duties by an employee:

Absenteeism, that is, absence from the workplace without good reason throughout the working day (shift), regardless of its (her) duration, as well as in the event of absence from the workplace without good reason for more than four hours in a row during the working day (shift) ;

The appearance of an employee at work (at his workplace or on the territory of the employing organization or facility where, on behalf of the employer, the employee must perform labor function) in a state of alcoholic, narcotic or other toxic intoxication;

Disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee;

Commitment at the place of work of theft (including small) of another's property, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses;

An employee's violation of labor protection requirements established by the labor protection commission or the labor protection commissioner, if this violation entailed grave consequences (accident at work, accident, catastrophe) or knowingly created a real threat of such consequences;

4) the commission of guilty actions by an employee directly servicing monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer;

5) commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;

6) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;

7) submission by the employee to the employer of false documents when concluding an employment contract;

8) the use, including a single one, of methods of education associated with physical and (or) mental violence against the personality of a student, pupil.

One of the parents (guardian, trustee) for the care of disabled children, upon his written application, is provided with four additional paid days off per month, which can be used by one of these persons or divided by them among themselves at their discretion. Payment for each additional day off is made in the amount of average earnings and in the manner established by federal laws.

The collective agreement may establish additional annual leave without pay at a time convenient for them for up to 14 calendar days for the following employees (Article 263 of the Labor Code of the Russian Federation):

An employee who has two or more children under the age of fourteen;

An employee who has a disabled child under the age of eighteen;

A single mother raising a child under the age of fourteen;

A father raising a child under the age of fourteen without a mother.

Additional leave in this case, at the request of the employee, will be attached to the annual paid leave or used in full or in parts.

Guarantees and benefits provided to women in connection with motherhood (restriction of night work and overtime work, involvement in work on weekends and non-working holidays, sending on business trips, providing additional holidays, the establishment of preferential labor regimes and other guarantees and benefits established by laws and other regulatory legal acts) apply to fathers raising children without a mother, as well as to guardians (custodians) of minors.

Features of labor regulation of an employee

under the age of 18

It is prohibited to employ persons under the age of 18 in work with harmful and (or) dangerous working conditions, in underground work, as well as in work, the performance of which may harm their health and moral development (gambling business, work in night cabarets and clubs). , production, transportation and trade in alcoholic beverages, tobacco products, narcotic and other toxic drugs) (Article 265 of the Labor Code of the Russian Federation). Decree of the Government of the Russian Federation of February 25, 2000 N 163 approved the List of hard work and work with harmful working conditions, in the performance of which it is prohibited to use the labor of persons under eighteen years of age. It is this document that the employer should be guided by when hiring minors.

In addition, when hiring persons under 18 years of age, the employer must require him to undergo a preliminary mandatory medical examination (examination) in accordance with the requirements of the Order of the Ministry of Health and Medical Industry of Russia dated March 14, 1996 N 90. The purpose of such an examination is to determine the compliance of the health status of employees with the work assigned to them .

Preliminary and periodic medical examinations of employees are carried out by medical institutions (organizations) with any form of ownership that have an appropriate license and certificate. An examination by a psychiatrist is carried out in a psycho-neurological dispensary (department, office) at the place of permanent residence of the subject.

The data of the medical examination are entered into the outpatient medical record. Each doctor participating in the examination gives his opinion on professional suitability and, if indicated, outlines the necessary medical and recreational measures. On a separate sheet, the data of the employee’s professional route (enterprise, workshop, site, profession, length of service, harmful, hazardous substances and production factors) and the final conclusion on the compliance of the state of health with the assigned work or other conclusion (on temporary or permanent translation for another job).

Employees who have passed a preliminary or periodic medical examination and are found fit to work with harmful, hazardous substances and production factors are issued an appropriate conclusion signed by the attending physician and sealed by the medical institution. In the case of individual admission, data on the mandatory use of a prosthesis, hearing aid, glasses, etc. are entered in the said conclusion.

Persons under the age of 18 are subject to a mandatory medical examination (examination) annually, which will already be carried out at the expense of the employer.

Annual basic paid leave for employees under the age of 18 is provided for 31 calendar days at a time convenient for them.

Persons under the age of 18 are prohibited from:

Send on business trips;

To involve in overtime work, work at night, on weekends and non-working holidays.

Termination of an employment contract with employees under the age of eighteen at the initiative of the employer (except in the event of liquidation of an organization or termination of activity by an individual entrepreneur), in addition to compliance with general order is allowed only with the consent of the relevant state labor inspectorate and the commission for minors and the protection of their rights.

For workers under the age of 18, the output norms are established on the basis of the general output norms in proportion to the reduced working hours established for these employees.

For employees under the age of eighteen who enter work after graduating from general educational institutions and educational institutions of primary vocational education, as well as those who have undergone vocational training at work, in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements , local regulations, an employment contract may establish reduced production rates.

Article 271 of the Labor Code of the Russian Federation provides that in case of time wages, wages to employees under the age of 18 are paid taking into account the reduced duration of work. The employer can, at the expense of own funds make additional payments to them up to the level of remuneration of employees of the relevant categories for the full duration of daily work.

The work of workers under the age of 18 admitted to piece work is paid according to the established piece rates. The employer may establish for them, at their own expense, an additional payment up to tariff rate for the time by which the duration of their daily work is reduced.

Remuneration of employees under the age of 18 studying in educational institutions, educational institutions of primary, secondary and higher vocational education and working in their free time, is made in proportion to the time worked or depending on the output. The employer may establish wage supplements for these employees at their own expense.

T. Mezhueva

Journal Expert

Signed for print

labor law

Keywords:

1 -1

The peculiarities of regulating the labor of women and persons with family responsibilities are due to the special concern of the state for these persons. First of all, this is manifested in the restriction of the use of women's labor in heavy work and work with harmful and (or) dangerous working conditions, as well as in underground work, with the exception of non-physical work or work on sanitary and domestic services. It is forbidden to use the labor of women in work related to the lifting and manual movement of weights that exceed the maximum allowable norms for them. Lists of such works are approved by the Government of the Russian Federation.

Special guarantees are related to the protection of motherhood and childhood. Pregnant women, in accordance with a medical report and upon their application, have reduced production rates, service rates, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining their average earnings from their previous job.

Women are provided with paid maternity leave of 140 days or more, as well as partially paid leave to care for a child until the child reaches the age of 3 years. The last leave may be used in full or in parts also by the child's father, grandmother, grandfather, other relative or guardian who actually cares for the child. Similar leave is also provided for persons who have adopted a child.

One of the parents (guardian, custodian) to care for children with disabilities and people with disabilities from childhood until they reach the age of eighteen years, upon his written application, is provided with four additional paid days off per month.

Working women with children under the age of one and a half years are provided, in addition to a break for rest and meals, additional breaks for feeding a child. These breaks are included in working hours and are payable in the amount of average earnings.

It is prohibited to send pregnant women on official business trips, to engage in overtime work, work at night, weekends and non-working holidays. Sending on business trips, engaging in overtime work, night work, weekends and non-working holidays of women with children under the age of three, employees with disabled children or disabled from childhood until they reach the age of eighteen, as well as employees caring for sick members of their families in accordance with a medical report are allowed only with their written consent and provided that this is not prohibited by their medical recommendations. At the same time, these employees must be familiarized in writing with their right to refuse to be sent on a business trip, to engage in overtime work, work at night, weekends and non-working holidays.

Additional guarantees are provided to women and persons with family responsibilities upon termination of an employment contract. Termination of an employment contract at the initiative of the employer with pregnant women is not allowed, except in cases of liquidation of the organization.

In the event of the expiration of a fixed-term employment contract during the woman's pregnancy, the employer is obliged, at her request, to extend the term of the employment contract until she has the right to maternity leave.

Termination of an employment contract with women with children under the age of three, single mothers raising a child under the age of fourteen (a disabled child under eighteen), other persons raising these children without a mother, at the initiative of the employer, is not allowed, with the exception of dismissal in connection with the liquidation of the organization (clause 1 of article 81 of the Labor Code), inconsistency of the employee with the position held or the work performed due to health conditions (subparagraph "a", clause 3 of article 81 of the Labor Code), as well as the commission of guilty acts by the employee (paragraph 5-8, 10 and 11 article 81 of the Labor Code).

A collective agreement may provide for additional benefits for employees with family responsibilities.

Establishing the specifics of the regulation of the labor of women and persons with family responsibilities is associated primarily with the need optimal combination work with family responsibilities. However, the main part of the guarantees provided for in Ch. 41 of the Labor Code of the Russian Federation, applies exclusively to women, since it is they who perform the function of motherhood and, most often, raising children. These norms are designed to ensure the creation of conditions that allow women to combine work with motherhood, and for other persons - work with family responsibilities. "By their content, these guarantees either limit the scope of women's labor, or establish additional benefits for women during the period they perform the function of motherhood."

To special "women's" features of labor regulation include, firstly, the restriction of the use of women's labor in jobs with harmful and (or) dangerous working conditions, as well as in underground work (with the exception of non-physical work or work on sanitary and domestic services), as well as a ban on the performance of work related to lifting and moving manually weights exceeding the maximum allowable limits. The same group of features includes the need to reduce production rates, service rates, transfer to another job that excludes the impact of adverse production factors on pregnant women. In all these cases, pregnant women retain their average earnings from their previous jobs. It is also forbidden to send pregnant women on business trips, to engage in overtime work, work at night, weekends and non-working holidays. Secondly, women are granted maternity leave of a fixed duration with the payment of state social insurance benefits in a fixed amount. Thirdly, there is a categorical ban on the dismissal of pregnant women at the initiative of the employer (with the exception of cases of liquidation of an organization or termination of activity by an individual entrepreneur).

Features of labor regulation are also established for persons with family responsibilities to which employees are classified:

- having responsibilities for the upbringing and development of the child in accordance with family and other legislation (parent, adoptive parent, person endowed with the rights and duties of a guardian or custodian);
- other relatives of the child who actually care for him, in cases expressly provided by law;
- having duties towards other members of their family who need care or assistance in specified cases;
- other persons who, taking into account specific circumstances, are raising a child, caring for or helping a family member (clause 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1 "On the application of legislation regulating the labor of women, persons with family responsibilities and minors") .

The main features of the regulation of the labor of such persons include, firstly, the provision of parental leave until the child reaches the age of three years, which can be used by both the mother and the father of the child, grandmother, grandfather, other relative or guardian, actually carrying out baby care. For the period of such leave, the employee retains the place of work (position) and is paid state social insurance benefits. Secondly, the presence of restrictions on sending on business trips, engaging in overtime work, working at night, weekends and non-working holidays, which are allowed with written consent, provided that there are no medical prohibitions and subject to familiarization of the person in writing with his the right to refuse the specified direction or employment. The above restrictions apply to women with children under the age of three, guardians (custodians) of minors, mothers and fathers raising children under the age of five without a spouse (wife), employees with disabled children, and employees caring for sick members of their families in accordance with the medical report. Thirdly, a ban has been established on dismissal at the initiative of the employer, with the exception of dismissal under paragraphs 1, 5–8, 10 and 11 hours 1 of Art. 81, paragraph 2 of Art. 336 of the Labor Code of the Russian Federation, the following categories of workers:

- women with a child under the age of three;
– single mothers raising a disabled child under the age of 18 or a child under the age of 14;
- persons raising a disabled child under the age of 18 or a child under the age of 14 without a mother;
- parents (other legal representatives) who are the sole breadwinner of a disabled child under the age of 18 or the sole breadwinner of a child under the age of three in a family raising three or more young children.

Establishment features of the regulation of labor of minors due to approximately the same circumstances as for women, namely, the need to take into account the psychophysiological characteristics of this category of persons. However, the emphasis in taking into account such features is placed somewhat differently; for minors, not only their health is important, but also their moral development. In this regard, a ban has been established on the use of their labor not only in work with harmful and (or) dangerous working conditions, in underground work (which protects their health), but also in the gambling business, in night cabarets and clubs, in production , transportation and trade in alcoholic beverages, tobacco products, narcotic and other toxic drugs, materials of erotic content (which protects their moral development).

Since the reasons that necessitated the introduction of special features for regulating the labor of minors coincide with those for women and persons with family responsibilities, the set of these features is very similar. There is the above ban on certain types of work, restrictions on dismissal at the initiative of the employer. Special features for minors include the mandatory preliminary and annual medical examinations and the duration of the annual basic paid leave increased to 31 calendar days.

labor law Russia: textbook / otv. ed. Yu. P. Orlovsky, A. F. Nurtdinova. S. 541.
The amount of the allowance, which is paid from the date of granting parental leave until the child reaches the age of one and a half years, is 40% of the average earnings. After the child reaches the age of one and a half years, a monthly child allowance is paid, the amount, procedure for appointment, indexation and payment of which is established by the legislation of the constituent entities of the Russian Federation.
Termination of an employment contract with employees under the age of 18 at the initiative of the employer (with the exception of the liquidation of an organization or the termination of activities by an individual entrepreneur), in addition to observing the general procedure, is allowed only with the consent of the relevant state labor inspectorate and the commission on minors.