Article 254 of the labor code with comments

Today will be studied article 254 of the labour code. The thing is that she is responsible for peculiarities of labor activity of the pregnant woman. It also indicates some points that relate to women with young children (1.5 years). Every employer must follow the established rules. Because the violation of the Labour code, particularly in relation to pregnant women is a terrible crime. Few would trust a company that exploits women in "interesting" position. And the future mother herself is unlikely to hold on to a job where her legal rights are not respected. So what can you expect? What are the peculiarities of conducting labour activity foreseen by law in Russia?

Standards

The First thing you should pay attention: most companies have a so-called production quotas. That's how much work must be performed by a staff member. Article 254 of the labour code indicates that the pregnant woman has the right to reduce this indicator. The same rights moms with kids under eighteen months of age.

According to the statement of these women, the employer is obliged to reduce production quotas. Especially if we are talking about medical conditions. During pregnancy and immediately after childbirth the woman's body is in a vulnerable state. The employer must consider this factor.

By the Way, to reduce the rate of work performed without the application of a future or new mother does not make sense. By law such beneficence is not provided. While the woman herself does not claim their rights, the head considers the employee along with all the others.

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Constraints

What else should pay attention? It so happens that the responsibilities of the pregnant imply the presence of a variety of factors that can negatively affect the health of the subordinate or child. Article 254 of the labour code provides for the provision of normal working conditions for women in "interesting" position.

That is all unfavorable factors must be removed at the request of the employee. Otherwise, she has every right to refuse to perform official duties. At the same time wages for subordinate persists. In other words, pregnant women have the right to suitable working conditions. And the employer is obliged to subordinate statement to eliminate all the negative factors that can have a negative impact on health and mother and baby. There is one important point. And when addressing factors at lower production standards for an employee retains his or her average earnings.

Troubleshooting

Article 254 of the labor code with comments (2015-2016) has many more features. For example, as already mentioned, the pregnant woman may require the employer to eliminate the adverse factors of labor. And while the head does not satisfy the query, you can go to work. It's legal. This provision is stipulated in the studied article.

Despite the fact that the employee will not work, it still remains the average earnings per post. Pay occurs for all the missed days. Funds withdrawn from the employer. Therefore, in the interests of the administration of the company acceding to the request of the pregnant woman.

No Matter how long it lasts, the absence of subordinate. The law clearly States: while adverse factors are eliminated, the girl in "interesting" position to be off to work, while retaining average earnings for a position. That is, the absence of the subordinate and may last a few days and a couple of months. Then it all depends on the employer.

Inspections

What are the features dictated by article 254 of the labour code? Visiting the doctor during pregnancy is important. It is compulsory for all expectant mothers. It should be noted: the Labour code States that the employer is obliged to allocate to their subordinates time for a visit to the gynecologist.

But the forced visits outside working hours nobody has the right. If the employee off to the gynecologist during his work, to deny it. Such rules dictated by article 254 of the labour code. Visiting the doctor during pregnancy for absenteeism is not considered. And the work day is paid in the same way as a fully-fledged period.

In Other words, to deprive the pregnant of earnings only for the fact that she went to the gynecologist, it is impossible. It is forbidden. Article 254 of the labor code, part 3 - should reference the girl in the "interesting" position if the employer does not release the doctor for a checkup. Or when he says that the day will not be paid. Such decisions are illegal. This is a direct violation of the law.

Up To six years

On this particular Labor code concerning the girls in "interesting" position, does not end there. What if the woman gives birth, but for medical reasons she is unable to return to their old job?

This situation is indicated by the article 254 of the labour code (2015 and newer editions). The thing is that before eighteen months of age of the baby the new mother is able to prompt the employer transfer to a position that would be consistent with the medical reporton the state of health.

It is important to note that average earnings per subordinate is maintained. This is a required item. The employer may not transfer a woman with a child up to 1.5 years less paid position.

Mandatory testing

Such provisions are contained in article 254 of the labour code. Special attention is required reviews for this part of labour legislation. They help to understand the nuances of the rules.

Great attention is paid to health checkups. Women during pregnancy mandatory stand on the account in female consultation. From that moment, the mandatory visit. They cannot be skipped. More precisely, these steps are not welcome. And the employer needs to let their pregnant subordinates on routine inspections with preservation of income.

Comments to the TC, to article 254, point out that at the moment in Russia are the following obligatory medical examinations:

• GYN - every 2 weeks (and not less than 10 times the entire pregnancy);
• The therapist - not less than 2 times for 9 months;
• Dentist, ENT, ophthalmologist - in registration (minimum).

In practice latest professionals are held 2 times during pregnancy - at the beginning of the period at the end. That is, if there are no complications. Also pregnant women should undergo further examination and tests. Article 254 of the labour code (comments 2016 interpreted the coming trials) indicates that a mandatory medical procedures include:

• Blood and urine tests (blood - at least 3 times, the urine every visit to the gynecologist);
• Electrocardiogram (minimum of 1);
• TPC (1).

And that's just with the perfect pregnancy. All tests and examinations is a very time consuming process. Therefore, the majority of medical examinations is necessary on working hours. And the employer needs not only to release subordinates for visits to doctors, but they retain the earnings.

Conflicts

Despite all of the above, article 254 of the labor code with comments (2015-2016) causes some perturbations employers, as well as conflicts. What you may encounter? In the study article in the review, identifies the most common conflicts. These include the following options:

1. Employers believe that a woman must make up the hours after hours.
2. Someone may require documentation that confirms the fact of the visit to the doctor. In the case of doctors it is possible, but hardly anyone will give a medical report on blood or urine for analysis.
3. Meet the chiefs, who believe that pregnant women actively exercise their rights and abuse them. Often employers impose fines and other penalties for pregnant women.

What requirements are appropriate and which are not? This will help to understand the article 254 of the labor code with comments. That could be a violation of the law?

The Imposition of penalties

So, in line with the target article of labor law, the employer must pay for the initial visit of a pregnant employee. It is not considered for truancy or skipping.

Accordingly, to fulfill the lost time girl in "interesting" position should not. Moreover, there are no penalties and other punishments for a woman does not have the authority to impose. This is a direct violation of the laws, provided by article 254 of the labour code. Visiting the doctor during pregnancy in working time - this is normal. And no one is able to punish the girl for it. Therefore, the first and last claims are misplaced.

About help

But what if the employer requires a certificate on the doctor's visit? This requirement is not contrary to labor law. Therefore, the superintendent has the right to ask a pregnant evidence of the doctor's visit. Optional help. Will fit any evidence that may confirm the visit to a medical facility.

For Example, a suitable pass at the reception. Lawyers suggest that in the interest of most women in advance to worry about the availability of evidence for visits to physicians. Because then the absence will not be considered a truancy. If to prove the visit has failed, may be followed by a reprimand. In this case, the absence from work for more than 4 hours straight - it's missing.

Should we be afraid

What else indicates article 254 of the labour code? Visiting the doctor during pregnancy is normal. If the employee will be able to confirm that it is not skipped, then no punishment will follow.

Generally, girls in "interesting" position, they have special rights at work. You can't fire them. But to punish easily. And it is possible only under condition of abuse of rights. This occurs very rarely. That is why a pregnant can not be afraid of any punishment, and dismissal.

For time

Why woman should have some evidence of visits to doctors? The thing is, that each employer shall record the working time. And coupons, which confirm the fact of being in a medical facility, help to the action. In other words, they needed not only to confirm the integrity of the pregnant woman, but also for the employer.

If a voucher is lost, help the doctorissues, as well as other evidence, to require the chief to call in a medical institution. And phone often can confirm a doctor's visit. It is a modern technique that is used not so often.

Main problem - time

Unfortunately, not everything is always as good as we would like. If a woman presents to a private clinic, where she a certificate can give about visiting the doctor, and even confirm the testing. But some are pregnancy in antenatal clinics free of charge. In this case, a doctor's visit may be delayed. You have to take a turn.

Accordingly, the period of "sitting" and waiting no one will be able to document. In fact, the woman skips work. This is despite the fact that she was actually waiting for it will the doctor, only in the queue. No one will issue a certificate stating that the girl took place at 9:00, and the reception "live" was only at 15:25, for example. So there may be some problems. In this situation it is advised to discuss the physician's visit with the employer.

Insights

What conclusions can we draw from the foregoing? Article 254 of the labour code reglementary the following:

• A pregnant has a right to light work;
• The woman in the situation may require the employer consistent with its conditions with the preservation of earnings;
• While the Manager will not provide suitable conditions, you can not go to work, but the earnings will be preserved;
• To the doctor to go in work time, payment for the day must be paid to pregnant still;
• An employer may require a doctor's note, but punished when evidence of stay in medical institutions can not.

That such rules will have to adhere to in Russia. Pregnant women have special rights. By the way, to dismiss them is impossible. Except punished for truancy. And then, if the employer can prove that the woman missed it, not been to the doctor.