Article 254 of the LC RF with comments

Today, Article 254 of the LC RF will be examined. The point is that she is responsible for the peculiarities of working life of a pregnant woman. Also, it points out some points that concern women with young children (up to 1.5 years). Each employer must follow the established rules. After all, the violation of the Labor Code, especially with regard to pregnant women, is a terrible crime. Few will trust the company that exploits women in an "interesting" position. Yes, and the future mother herself is unlikely to hold on to a job where her legal rights are not respected. So what can you expect? What are the specific features of working activity are provided for by law in Russia?

Production rates

The first thing to note is that most companies have so-called production rates. This is how much work this or that employee should perform. Article 254 of the Labor Code of the Russian Federation indicates that a pregnant woman has the full right to reduce this indicator. The same rights are enjoyed by mothers with babies who have not reached the age of eighteen months.

According to such women, the employer is obliged to lower the rates of production. Especially when it comes to medical indications. During pregnancy and the first time after childbirth, the woman's body is in a vulnerable condition. The employer must take this factor into account.

By the way, it is useless to reduce the norms of the works performed without the declaration of a future or newly made mother. The law does not provide such benevolence. Until the woman herself declares her rights, the boss considers the employee on a par with all the others.

Adverse factors

What else should I pay attention to? It happens that the responsibilities of a pregnant woman imply a variety of factors that may adversely affect the health of a subordinate or a future baby. Article 254 of the LC RF provides for the provision of normal working conditions for women in an "interesting" position.

That is, all unfavorable factors should be eliminated at the request of the employee. Otherwise, she has every right to refuse to perform official duties. At the same time, wages for the subordinate are preserved. In other words, pregnant women have the right to provide suitable working conditions. And the employer is obliged, on the application of the subordinate, to eliminate all unfavorable factors that can have a negative impact on the health of both the mother and the baby. At the same time, there is one important point. And with the elimination of factors, and with a decrease in the norms of production, the average wage remains for the employee.

Until

Article 254 of the RF Customs Code with comments (2015-2016) has many more features. For example, as already mentioned, a pregnant woman may require the employer to eliminate adverse factors of labor. And while the boss does not satisfy the request, you can not go to work. It is legal. This rule is prescribed in the article.

Despite the fact that the employee will not work, she still retains an average salary for posts. Remuneration of labor occurs for all missed days. Cash is withdrawn from the employer's funds. Therefore, in the interests of the company's bosses, the quick satisfaction of the request of a pregnant woman.

It does not matter how long the absence of a subordinate lasts. The law clearly states: until unfavorable factors are eliminated, the girl in an "interesting" position may not go to work, while retaining the average earnings in one or another position. That is, the absence of a subordinate can last for several days and a couple of months. Here everything depends on the employer.

About inspections

What other features are envisaged that Article 254 of the Labor Code of the Russian Federation dictates? Visiting a doctor during pregnancy is an important point. It is mandatory for all expectant mothers. And it should be noted: the Labor Code states that the employer must provide his subordinates with time for a visit to the gynecologist.

But no one has the right to enforce visits during non-working hours. If an employee seeks a gynecologist at work, she can not be denied. It is these rules that are dictated by Article 254 of the LC RF. Visiting a doctor during pregnancy for absenteeism does not count. And the working day is paid in exactly the same way as the fully worked-out period.

In other words, it's impossible to deprive pregnant women of their earnings only because they went to a gynecologist. It is forbidden. Article 254 of the LC RF, part 3 - that is what the girl should refer to in the "interesting" situation, if the employer does not let go to the doctor for a scheduled examination. Or when he says that the day will not be paid. Such decisions are illegal. This is a direct violation of the established legislation.

Up to a year and a half

This feature of the Labor Code does not end with girls in an "interesting" position. What if a woman gave birth, but for medical reasons she can not return to her previous job?

This situation is indicated by Article 254 of the Labor Code of the Russian Federation (2015 and newer editions). The thing is that up to a year and a half the baby's new mother is able to ask the employer to transfer to a position that would correspond to the medical conclusion about the state of health.

It is important to note here: the average earnings for the subordinate are preserved. This is a required item. The employer can not transfer a woman with a child under the age of 1.5 to a less-paid position.

Mandatory examinations

These are the rules contained in Article 254 of the LC RF. The comments on this part of the labor legislation require special attention . They help to understand the nuances of the established rules.

Great attention is paid to medical examinations. Women during pregnancy are compulsorily registered in the women's consultation. From this moment, compulsory visits begin. They can not be missed. More precisely, such steps are not welcome. And the employer must release his pregnant subordinates for planned inspections with preservation of earnings.

Comments to the TC, to Article 254, indicate that at the moment in Russia the following medical examinations are compulsory:

• Gynecologist - every 2 weeks (and at least 10 times for the entire pregnancy);
• Therapist - at least 2 times in 9 months;
• Dentist, ENT, ophthalmologist - when registering (minimum).

In practice, the latter specialists are 2 times for pregnancy - at the beginning of the term and at the end. This is if there are no complications. Also pregnant women should undergo additional tests and take tests. Article 254 of the Labor Code of the Russian Federation (with comments of 2016 interpreted the forthcoming tests) indicates that mandatory medical manipulations include:

• Blood and urine tests (blood - at least 3 times, urine - at each visit to the gynecologist);
• ECG (at least 1 time);
• CTG (1 time).

And this is only with an ideal pregnancy. All tests and examinations are a very time consuming process. Therefore, most medical examinations fall on working hours. And the employer should not only release subordinates for visits to doctors, but also keep their earnings.

Possible conflicts

Despite all of the above, Article 254 of the LC RF with comments (2015-2016) causes some indignation of employers, as well as conflicts. What can you face? In the article, in the comments, the most common conflicts are indicated. These include the following options:

1. Employers believe that a woman should work out missed hours in off hours.
2. Someone may require mandatory documentation, which confirms the fact of the visit to the doctor. In the case of doctors, it is possible, but it is unlikely that someone will give a medical opinion about the surrender of blood or urine for analysis.
3. There are bosses who believe that pregnant women actively exercise their rights and abuse them. Often, employers impose fines and other penalties on pregnant women.

Which requirements are appropriate and which are not? This will help to understand article 254 of the LC RF with comments. What can be considered a violation of the law?

Imposition of punishments

So, in accordance with the article of labor legislation studied, the employer must pay the time of visiting the doctor to the pregnant employee. This is not considered for absenteeism or a pass.

Accordingly, to work out the missed time the girl in the "interesting" position should not. Moreover, there are no penalties and other penalties for a woman to impose. This is a direct violation of the established laws, which provides for article 254 of the LC RF. Visiting a doctor during pregnancy during working hours is normal. And no one can punish a girl for that. Therefore, the first and last claims are inappropriate.

About the Help

And what if the employer requires a certificate of attendance? This requirement does not contradict the established labor legislation. Therefore, the head has the right to ask the pregnant woman to prove the visit to the doctor. Optional reference. Any proof that a visit to a medical institution can confirm is suitable.

For example, a coupon for an appointment is suitable. Lawyers point out that it is in the interests of the woman herself to worry in advance about the presence of confirmations of visits to doctors. After all, then absence from work will not be considered a walk. If the visit could not be proved, a reprimand might follow. In this case, the absence of more than 4 hours in the workplace is a truancy.

Is it worth it to be afraid

What else does article 254 of the LC RF specify? Visiting a doctor during pregnancy is normal. If the employee can confirm that she did not truant, then no punishment will follow.

In general, girls in the "interesting" position have special rights at work. They can not be fired. But to punish - easily. And then this is possible only if you abuse your rights. This is very rare. That's why a pregnant woman can not be afraid of any punishment, as well as dismissal.

To account for time

Why should a woman have any evidence of visits to doctors? The thing is that every employer records work time. And coupons that confirm the fact of being in a medical institution help this action. In other words, they are needed not only to confirm the conscientiousness of the pregnant woman, but also for the employer himself.

If the coupon is lost, the doctor does not issue a certificate, as well as other evidence is missing, you can invite the chief to call the medical institution. And on the phone can often confirm a visit to the doctor. This is a modern device, which is not used so often.

The main problem is time

Unfortunately, not everything is as good as it would be. If a woman goes to a private clinic, then she can be given a certificate about visiting a doctor there, and even confirm the delivery of tests. But some lead pregnancy in women's counseling for free. In this case, a visit to the doctor may be delayed. I have to take turns.

Accordingly, no one can document the period of "sitting" and waiting for reception. In fact, the woman is truant. And this despite the fact that she actually waits for the doctor to take her, only in the order of the live queue. No one will issue a certificate stating that the girl took the turn at 9:00, and the reception for "live" was only at 15:25, for example. Therefore, there may be some problems. In this situation it is recommended to discuss the visit to the doctor with the employer in advance.

conclusions

What conclusions can we draw from all of the above? Article 254 of the Labor Code regulates the following:

• A pregnant woman has the right to light work;
• A woman in a position may require the employer to meet her working conditions with preservation of earnings;
• While the chief does not provide suitable conditions, one can not go to work, but earnings will still be preserved;
• You can go to the doctor during working hours, money for the day should be paid to a pregnant woman anyway;
• The employer has the right to demand a certificate from the doctor, but can not punish proof of stay in medical institutions.

It is these rules that will have to be adhered to in Russia. Pregnant women have special rights. By the way, they can not be dismissed. Is that punishable for absenteeism. And then, if the employer can prove that the woman was just a walk, and was not at the doctor's.