Special issues of the regulation of women's labor. Features of the regulation of the labor of women and children. Education and training in the field of labor protection

In the Russian Federation, legal regulation of labor and relations directly related to them is carried out in accordance with the Constitution of the Russian Federation, and proceeds from the generally recognized principles and norms of international law. Article 7 of the Constitution provides that the work and health of people are protected in the Russian Federation, and state support for family, motherhood, fatherhood and childhood is provided.

Section XII "Features of labor regulation of certain categories of workers" is the most extensive in the structure of the Labor Code. It contains regulations for the regulation of certain categories of workers. In particular, Chapter 41 of the Labor Code of the Russian Federation enshrines the features of the legal regulation of labor relations of women and persons with family responsibilities.

Women's labor is regulated by both general and special rules of law. This is due to the need to establish additional guarantees for the specified category of workers. Chapter 41 of the Labor Code of the Russian Federation is a system of special norms aimed at providing guarantees and benefits necessary to protect the labor rights of women.

It should be emphasized that the features of the legal regulation of labor relations in connection with the nature and conditions of work, psychophysiological characteristics of the body, natural and climatic conditions, the presence of family responsibilities, as well as other grounds are established by labor legislation and other regulatory legal acts containing labor law norms, collective agreements , agreements, local regulations.

Articles 253 - 254 of the Labor Code of the Russian Federation provide for work norms that restrict the use of women's labor and transfer to another job of pregnant women, women with children under the age of one and a half years, reasonably related to the "labor contract" institute.

Articles 255 - 258 of the Code are devoted to additional leaves and breaks for feeding the child, which refers to the institute "time of rest". Further, Articles 259 - 261 of the Labor Code of the Russian Federation establish guarantees for pregnant women and persons with family responsibilities when sent on business trips, involved in overtime work, work at night, weekends and non-working holidays; guarantees to women in connection with pregnancy and childbirth when determining the priority of granting annual paid leave; guarantees for pregnant women, women with children, and persons raising children without a mother, upon termination of an employment contract.

After the norms on guarantees, provisions on additional days off and additional leaves without pay are fixed (Articles 262, 263). And the chapter ends with the norms on guarantees and benefits for persons raising children without a mother (Article 264).

Special labor protection for women begins from the moment they are hired. Recruitment is carried out by the employer by agreement with the woman by concluding an employment contract. The legislation establishes a certain procedure and legal guarantees when hiring pregnant women and women with minor children.

When applying for a job, you must be guided by the provisions on the procedure for formalizing labor relations established by chapters 10 and 11 of the Labor Code of the Russian Federation. You should pay attention to part 2 of article 64 of the Labor Code of the Russian Federation, which states that the employer has no right to refuse to conclude an employment contract for a woman for reasons related to pregnancy or the presence of children. However, in practice, this provision is often violated. Refusal of a pregnant woman or a woman with children to conclude an employment contract is legitimate only if it is related to the professional qualities of the employee.

Restrictions on the use of women's labor are regulated by Article 253 of the Labor Code of the Russian Federation, according to which the use of women's labor in hard work, work with harmful and (or) hazardous working conditions, in underground work, except for non-physical work, sanitary and household services, is limited. Also, according to this article, it is prohibited to use the labor of women in work related to lifting and manually moving heavy weights that exceed the maximum permissible norms established for women by weight.

Lists of industries, jobs, professions, positions in which the use of women's labor is limited are approved in accordance with the procedure established by the Government of the Russian Federation, but taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. Currently, the restriction on the use of women's labor in hard work, work with harmful and hazardous working conditions is established in the List of heavy work and work with harmful or hazardous working conditions, during which the use of women's labor is prohibited (see Appendix A). The exception is work performed by women in leadership positions and not doing physical work; women engaged in sanitary and household services; women undergoing training and admitted to internships in the underground parts of the organization; women who must go down from time to time to the underground parts of the organization to perform work of a non-physical nature (for example, doctors, nurses, nurses, barmaids, etc.).

In accordance with labor legislation, special protection also applies to the use of women's labor in jobs involving the lifting and manual movement of weights that exceed the maximum permissible norms for them. To ensure health, safe conditions at enterprises, institutions and organizations of any organizational and legal forms and types of property, the Resolution of the Government of the Russian Federation on new maximum permissible loads for women when lifting and moving heavy weights manually approved the norms of maximum permissible loads for women when lifting and moving heavy weights manually ... According to this Resolution, for women, the maximum permissible weight of the load when lifting and moving heavy weights, and alternating with other work (up to twice an hour), is 10 kg, and when lifting and moving heavy weights constantly during the work shift - 7 kg. In this case, the weight of the cargo also includes the weight of the container and packaging. When assessing the severity and harmfulness of working conditions for women, contraindications recognized in occupational hygiene are taken into account, which are associated with physical stress, with the lifting and carrying of weights; unfavorable climate and meteorological conditions; exposure to high and low temperatures, pressure, radiation; with a forced abnormal body position; with an increased risk of injury, concussion; with specific effects of poisons and chemicals, etc.

The maximum permissible norms for women are mandatory for application from the moment they are approved in the development of project documentation by design, design and technological organizations.

In the Criminal Code of the Russian Federation, article 145 is devoted to the unjustified refusal to hire a pregnant woman or a woman with children under the age of three years. Such a range of norms and, most importantly, the absence of a system in legal regulation in practice leads to violations in the recruitment of women.

The employer uses all sorts of ways to protect himself, for example, the employer's requirement for the applicant to submit a certificate stating that she is not pregnant. This certificate is not included in the list of documents established by Article 65 of the Labor Code of the Russian Federation, which the employer has the right to require from the employee when hiring. Therefore, a woman applying for a vacant position is not required to submit such a document.

Another violation of labor law is the inclusion of a clause in the labor contract or the signing of a separate agreement that for a certain time after hiring a woman undertakes not to have children. Such requirements contradict Article 23 of the Constitution of the Russian Federation, which establishes the right to inviolability of private life.

It should also be remembered about clause 2 of part 4 of article 70 of the Labor Code of the Russian Federation, according to which pregnant women and women with children under the age of one and a half years are not assigned a probationary period when hiring.

Persons guilty of violating labor laws and other normative legal acts containing labor law norms, and therefore, who have committed discrimination in the world of work, are brought to disciplinary, administrative and criminal liability in the manner prescribed by law. The object of the offense is the labor rights of employees.

Compliance with the legislation on labor and labor protection of women is checked by state labor inspectorates in the constituent entities of the Russian Federation both during complex inspections (for all major institutions of labor law) and during special (thematic) inspections on this issue (labor protection), as well as in communication with complaints from female employees about violation of their labor rights.

Ministry of Education and Science of the Russian Federation

Federal Agency for Education

GOU VPO Omsk State Technical University

ESSAY

FOR THE DISCIPLINE "LABOR RELATIONS"

FEATURES OF WOMEN'S LABOR REGULATION.

Completed: student gr. ZUP-419

A.A. Shcherbina

Checked by: Volkov I.A.

Bibliography

Applications

1. Features of the legal regulation of women's labor

The maximum permissible norms for women are mandatory for application from the moment they are approved in the development of project documentation by design, design and technological organizations.

Compliance with the legislation on labor and labor protection of women is checked by state labor inspectorates in the constituent entities of the Russian Federation both during comprehensive inspections (for all major institutions of labor law) and during special (thematic) inspections on this issue (labor protection), as well as in communication with complaints received from female employees about violation of their labor rights.

2. Working and resting hours: vacation, feeding breaks

The socially useful activities of people are diverse; the most common and acceptable measure of the amount of labor expended for all its types is working time.

The attraction of women with children under the age of three years to work on weekends and holidays is allowed only if such work is not prohibited for them for medical reasons, and they have been informed in writing of their right to refuse this work. These guarantees are also provided to employees who have children with disabilities or disabled from childhood until they reach the age of 18 years, apply to fathers raising children without a mother, to guardians (trustees) of minors, as well as to workers caring for sick members of their families in according to the medical report. Pregnant women are generally not allowed to work on weekends and non-working holidays (Article 259 of the Labor Code of the Russian Federation). Refusal of a pregnant woman or a person with family responsibilities to work at night (including cases when only part of the work shift is at night) is not considered a violation of labor discipline.

Part-time work is introduced in the interests of those persons who, for whatever reason, cannot be employed full-time. The employer is obliged to establish a part-time amount of time at the request of a pregnant woman, one of the parents with a child under the age of 14 (disabled child under 18), as well as a person caring for a sick family member in accordance with a medical certificate. Part-time work (part-time or part-time work) can be established by agreement between the employer and a woman with children, when hiring her, if, due to the need to take care of children, she cannot work full time. Labor remuneration in these cases is made in proportion to the time worked or depending on the output.

Part-time work can be established by agreement of the parties, both without limitation of the period, and for any period convenient for the employee: until the child reaches a certain age, for the period of the school year, etc.

The order (decree) on the admission of women with children to work with part-time work indicates the period of work, the duration of the working time and its schedule during the working day or week, the need for vocational training or retraining and other conditions.

Labor regimes established during part-time work may include:

reduction of the duration of daily work (shift) by a certain number of working hours on all days of the working week;

reducing the number of working days per week while maintaining the normal duration of daily work (shift);

reducing the duration of daily work (shift) by a certain number of working hours while reducing the number of working days per week.

When establishing work regimes with part-time working hours, the duration of the working day (shift) should not be less than 4 hours and the working week - less than 20-24 hours, respectively, with a five- and six-day week.

Depending on the specific working conditions, a different working time may be established.

A break for rest and meals is provided for women who work part-time if the length of the working day (shift) exceeds 4 hours. The break is not included in working hours.

Part-time work does not entail any restrictions on the duration of annual leave, the calculation of seniority and other labor rights.

Additional leave for irregular working hours for women with children and working part-time may be provided if the employment contract provides for work on a part-time basis, but with a full working day.

Women who work part-time in industries, workshops, professions and positions with harmful working conditions, in the length of service, which gives the right to additional leave on these grounds, are counted only those days in which the employee was actually employed in harmful working conditions for at least half working day established for workers in a given production, workshop, profession or position.

The working hours of women with children and working on a reduced schedule are counted in the total continuous work experience, as well as in the work experience in the specialty, including: when assigning benefits for state social insurance; when assigning state pensions; upon payment of a lump sum remuneration or wage supplements for length of service; when establishing salaries (the rate for education workers, health care workers, librarians and some other specialists for whom the salaries (rates) are determined taking into account the length of service); when remuneration is paid for the overall performance based on the results for the year; when providing benefits to people working in the Far North and in areas equated to them, and in other cases when the current legislation provides for the provision of any benefits and advantages to employees.

While establishing the labor standard, the legislator, at the same time, allows some exceptions, when the involvement of an employee in work is possible outside this norm. These are overtime work and irregular working hours. In accordance with Article 99 of the Labor Code of the Russian Federation, overtime is called work performed by an employee on the initiative of the employer outside the established duration of working hours, daily work (shift), as well as work in excess of the normal number of working hours for the accounting period.

Overtime work is generally prohibited. Exceptions are special, not foreseen cases. Their list is contained in article 99 of the Labor Code of the Russian Federation. Allowing, as an exception, overtime work, the legislator limits their limit for an employee (4 hours for two days in a row or 120 hours per year), allows them only taking into account the opinion of an elected trade union body, and prohibits the involvement of pregnant women in this work. Involvement of women with children under the age of three years in overtime work is allowed with their written consent and provided that such work is not prohibited by them for health reasons in accordance with a medical certificate. At the same time, they must be informed in writing of their right to refuse such work.

Often, labor functions are performed by workers outside their place of permanent work. This entails the departure of the employee from home for a more or less long period, and sometimes many days on the road, a change in climatic zones, a change in the habitual regime of work and rest, diet, etc., which adversely affects, for example, the health of a pregnant woman. ... For mothers with infants, such a departure is generally impossible. In accordance with Article 259 of the Labor Code of the Russian Federation, it is prohibited to send pregnant women on business trips. The referral of women with children under the age of three is allowed only with their written consent and provided that it is not prohibited to them by medical recommendations.

Labor legislation provides guarantees for women when granting the following leaves:

Maternity leave.

The employer is obliged to provide this leave to a pregnant woman. The basis for its submission is a statement of a pregnant woman and a medical report. A medical certificate in this case is a certificate of incapacity for work, which is issued by a antenatal clinic or other medical institution at the woman's place of residence. The issuance of a medical opinion is carried out in accordance with the Instruction on the procedure for issuing documents certifying the temporary disability of citizens (clause 8.1).

A certificate of incapacity for work for pregnancy and childbirth is issued by an obstetrician-gynecologist, and in its absence - by a doctor leading a general appointment. A certificate of incapacity for work is issued from 30 weeks of pregnancy for a period of 140 calendar days (70 calendar days before childbirth and 70 calendar days after childbirth), and in case of multiple pregnancies - from 28 weeks of pregnancy with a total duration of prenatal and postnatal leave of 180 days. In accordance with the Instruction on the procedure for granting postnatal leave in case of complicated childbirth, the employer is obliged to provide postnatal leave for a woman due to difficult and complicated childbirth for 86, and for the birth of two or more children - 110 calendar days after childbirth. Maternity leave is calculated in total, therefore, it is provided to a woman in full, regardless of the number of days actually used by a woman before childbirth.

The period when a woman is on maternity leave is included in the length of service, which gives the right to receive annual paid leave, as well as, in accordance with the Labor Pension Law, in the length of service, which gives the right to receive a pension. During the period of being on maternity leave, a woman, in accordance with the Law on State Benefits, to citizens with children, is paid a state social insurance benefit in the form of a maternity allowance in the amount of not less than the minimum wage and not more than 11,700 rubles.

Holiday to care for the child.

This leave is granted to a woman at her request until the child reaches the age of 3 years. A woman can use leave to care for a child both in whole and in parts, with breaks. Labor legislation also provides that a woman has the right to take parental leave until she reaches the age of one and a half years.

While the employee is on parental leave, his place of work is retained. Those on this leave receive a state social insurance benefit until the child reaches the age of one and a half years in the generally established amount of 500 rubles. Moreover, the amount of the childcare allowance does not depend on the number of children being cared for. This allowance is paid from the day the employee is granted parental leave until the day the child turns 1.5 years old.

There are special rules for the payment of parental leave allowance for workers engaged in seasonal work. For them, the payment of the allowance is made before the end of the season, and upon the conclusion of an employment contract in the next season, it is resumed from the day of work. Upon dismissal from work, except for dismissal in connection with the liquidation of the organization, the payment of childcare benefits stops from the day following the day of dismissal.

An employee who is on parental leave is entitled to work part-time or at home, but retaining the right to receive state social insurance benefits. To do this, he must submit an application to the employer.

The period when the employee is on parental leave is counted in the total and uninterrupted work experience, in the work experience in the specialty, with the exception of cases of granting a pension on preferential terms, for length of service. At the same time, the period when the employee is on parental leave is not included in the length of service, which gives the right to receive annual paid leave.

In practice, there are cases when a woman entitled to parental leave after maternity leave did not take advantage of it and went to work. In this situation, the employer is obliged to provide the woman, in addition to a break for rest and food, and additional breaks for feeding the child (children), regardless of whether he is breastfed or not.

The duration of breaks for feeding should be at least 30 minutes in the presence of one child and at least every 3 hours of continuous work, and in the presence of two or more children under the age of one and a half years, the duration of the breaks is set at least 1 hour. indications prescribed to feed the child more often than every 3 hours, then the employer, upon the conclusion of the doctor, is obliged to provide the woman with additional breaks for feeding.

The employer is obliged to transfer a woman who has a child under the age of 1.5 years to another job while maintaining the average earnings from the previous job in the manner prescribed by Article 254 of the Labor Code of the Russian Federation until the child reaches the age of one and a half years in cases of her impossibility to perform her previous work, and also when the nature of the work does not allow her to be absent from the workplace.

Leave for employees who have adopted a child.

Employees who have adopted a child have the right to receive maternity or childcare leave until the adopted child reaches the age of 3 years.

In accordance with the Procedure for Granting Leaves, Employees who adopt a child are granted parental leave at their place of work for the period:

) from the date of adoption until the expiration of 70 calendar days from the date of birth of the adopted child;

) from the date of adoption until the expiration of 110 calendar days from the date of birth of two or more adopted children;

) until the child reaches the age of 3 years (at the request of employees).

At the request of a woman who has adopted a child (children), maternity leave may be granted, and not leave from the date of adoption until the expiration of 70 days in the event of the birth of one child, or 110 calendar days in the event of the birth of two or more children. Such leave can only be granted to a woman, in contrast to parental leave for a child under 3 years old, the right to which a man also has. The basis for granting maternity leave is an employee's application with a copy of the child's birth certificate and a certificate of incapacity for work issued by a medical institution attached to it.

In accordance with the Procedure for Granting Leaves to Employees Who Have Adopted a Child, the employee must submit an application at the place of work for granting leave indicating its duration. Along with the application, he must present a decision or a copy of the court decision on establishing the adoption of the child, as well as a copy of the birth certificate of the child (children). On the basis of these documents, employees are granted leave, issued in the prescribed manner by order of the employer, which must contain an indication of the duration of each leave.

In case of adoption of a child (children) by both spouses, leave is granted to one of the spouses at their discretion. An employee applying for a vacation must additionally submit a certificate from the place of work (service, study) stating that he does not use maternity leave, as well as a certificate from the place of work (service, study) of the other spouse about the other spouse not using the same vacation. When granting leave for this period, an allowance is assigned and paid for the adoption of a child in the manner and amount established for the payment of maternity benefits.

When granting these leaves, the Government of the Russian Federation regulates the procedure for granting them, ensuring the secrecy of adoption. The secrecy of the adoption of a child is protected by law, therefore, all persons are obliged to keep the secret of adoption, and if it is disclosed against the will of the adoptive parents, the persons who disclosed it are brought to justice in the manner prescribed by law. The procedure for granting these vacations, which ensures the preservation of the secrecy of adoption, is established by the Procedure for Granting Vacations to Employees Who Have Adopted a Child.

Annual paid vacation.

As a general rule, an employee is entitled to annual paid leave after 6 months of work. This period does not include the time of parental leave. However, the employer is obliged, at the request of the woman, to provide her with an annual paid leave of a fixed duration, regardless of whether the woman has the right to this leave or not.

Annual paid vacations upon written application and regardless of the length of service in this organization should be provided:

) female workers before maternity leave or immediately after it, or at the end of parental leave (Article 260 of the Labor Code of the Russian Federation);

) employees who have adopted a child (children) under the age of 3 months, at any time (Article 122 of the Labor Code of the Russian Federation);

legal regulation labor woman

3) fathers raising children without a mother, guardians (trustees) of minors at the end of parental leave (Article 264 of the Labor Code of the Russian Federation);

) to employees whose wives are on maternity leave during the period of this leave and regardless of the time of his continuous work in this organization (Article 123 of the Labor Code of the Russian Federation).

In addition, female workers (nursing women) have the right to a break for rest and meals during the working day, regulated by Article 108 of the Labor Code of the Russian Federation, which is not included in working hours and the duration of which must be no more than two hours and at least 30 minutes. The specific duration and time of granting such a break are established by the internal labor regulations or by agreement between the employee and the employer.

Breaks for feeding the child (children) can be added to the break for rest and meals, or can be summed up both at the beginning and at the end of the working day (work shift) with a corresponding reduction. This is possible only at the request of the employee (part 3 of article 258 of the Labor Code of the Russian Federation). If no such application has been received from the employee, the breaks are provided in the manner specified earlier. The wording of Article 258 of the Labor Code of the Russian Federation makes it possible to assert that the employer has no right to refuse her this. Therefore, after receiving an application from an employee, it is necessary to issue an appropriate order. Since the legislation does not establish a unified form of this order, it is drawn up arbitrarily.

Breaks for feeding a child (children) are included in working hours and are payable in the amount of average earnings (part 4 of article 258 of the Labor Code of the Russian Federation). In this regard, we recommend in the time sheet to mark the attendance of the employee indicating the exact number of hours worked and, accordingly, pay according to the average daily earnings. The time provided as feeding breaks does not need to be noted in the report card, but it is necessary to pay according to the average earnings calculated in accordance with the Decree of the Government of the Russian Federation N 922, on the basis of the order of the head of the enterprise submitted to the accounting department and an additional agreement to the employment contract, indicating the right of the employee for the indicated breaks.

If, for some reason, a woman does not want to take breaks for feeding her baby, we recommend that you fill it with her in writing. Then the payment for working time will be made according to the average daily earnings.

3. Guarantees and benefits for women with children

Since almost all family concerns have traditionally been on the shoulders of women, most of these benefits are exclusively for them. The physiological characteristics of a woman, her reproductive function cannot but leave an imprint on the scope of her rights in the process of working. Associated with this are restrictions when performing heavy work, lifting heavy weights and other benefits and incentives provided by our labor and social legislation.

Benefits, guarantees and compensations provided by the legislation for pregnant women and women with children are provided by the employer regardless of its form of ownership (private, state, municipal). As mentioned earlier, the following benefits are provided for a pregnant woman:

) reduction of established production rates or service rates;

) transfer of a pregnant woman, while maintaining the average earnings from her previous job, to another job, which will exclude the impact of unfavorable production factors;

) transfer of a woman with children to another job if it is impossible for her to perform her previous job;

) the establishment of a part-time regime.

The legislation also provides for guarantees for pregnant women and women with children upon termination of an employment contract. The Labor Code of the Russian Federation contains a ban on termination of an employment contract on the initiative of an employer with a pregnant woman. Moreover, this does not depend on the form of ownership of the employer. However, the dismissal of a pregnant woman is allowed in the event of liquidation of an organization, as well as when a decision is made to terminate the activities of a branch or representative office of this organization, since in this case the legal consequences for employees are similar to those provided for cases of liquidation of an organization.

In the event of termination of the employment contract on the initiative of the employer while the woman is in a state of pregnancy, the woman has the right to apply to the court with a demand for reinstatement to work. This requirement of a woman is subject to satisfaction on the basis of the Resolution of the Plenum of the Supreme Council. RF on some issues arising from the application by courts of legislation regulating the labor of women, and regardless of whether the administration knew about pregnancy, and whether it was preserved during the consideration of the case.

In the case when a fixed-term employment contract was concluded with a pregnant woman and its term expired during pregnancy, the employer is obliged to extend the term of this contract until she becomes entitled to maternity leave, which is provided to the woman in accordance with Article 255 of the Labor Code of the Russian Federation ... The basis for the extension of a fixed-term employment contract is the application of a pregnant woman. Moreover, the total duration of the contract in this case may exceed the term of the fixed-term contract established by Article 58 of the Labor Code of the Russian Federation, but the work of a woman outside the term of the employment contract does not transform the fixed-term employment contract into an agreement concluded for an indefinite period. The basis for the extension of a fixed-term employment contract is the application of a pregnant woman.

In the event of termination of an employment contract with a pregnant woman at her own request (Article 80 of the Labor Code of the Russian Federation) or by agreement of the parties (Article 78 of the Labor Code of the Russian Federation), the employment contract is terminated in accordance with the generally established procedure without providing any additional benefits and compensations.

Labor legislation also establishes guarantees upon termination of an employment contract at the initiative of the administration for women who have children under the age of 3, for single mothers with children under the age of 14 or disabled children under the age of 18. Dismissal of these persons is allowed only in the following cases:

) the liquidation of the organization or the termination of the activities of the employer - an individual (clause 1 of article 81 of the Labor Code of the Russian Federation);

) for health reasons in accordance with the medical report (sub-clause "a" of clause 3 of article 81 of the Labor Code of the Russian Federation);

) repeated non-performance by the employee without good reason of labor duties, if he has a disciplinary penalty (clause 5 of article 81 of the Labor Code of the Russian Federation);

) absenteeism (absence from the workplace without good reason for more than 4 hours in a row during the working day) (subparagraph "a" of clause 6 of article 81 of the Labor Code of the Russian Federation);

) appearance at work in a state of alcoholic, narcotic or other toxic intoxication (sub-clause "b" of clause 6 of article 81 of the Labor Code of the Russian Federation);

) disclosure of secrets protected by law (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties (sub-clause "in" clause 6 of article 81 of the Labor Code of the Russian Federation);

) committing at the place of work theft (including minor) of someone else's property, embezzlement, deliberate destruction or damage, established by a court verdict that has entered into legal force or by a resolution of a body authorized to apply administrative penalties (subparagraph "d" of clause 6 Article 81 of the Labor Code of the Russian Federation);

) violation by the employee of labor protection requirements, if these violations entailed grave consequences (industrial accident, accident, catastrophe) or deliberately created a real threat of such consequences (subparagraph "d" of clause 6 of Article 81 of the Labor Code of the Russian Federation );

) the commission of guilty actions by an employee directly serving monetary or commodity values, if these actions give rise to the loss of confidence in him on the part of the employer (clause 7 of article 81 of the Labor Code of the Russian Federation);

) the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work (clause 8 of article 81 of the Labor Code of the Russian Federation);

) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties (clause 10 of article 81 of the Labor Code of the Russian Federation);

) submission by the employee to the employer of forged documents or deliberately false information when concluding an employment contract (clause 11 of article 81 of the Labor Code of the Russian Federation).

Dismissal on the above grounds is carried out without further compulsory employment of a woman and without preserving the average wage.

According to clause 5 of the rules for calculating continuous work experience of workers and employees when assigning benefits for state social insurance in case of termination of an employment contract with pregnant women or mothers with children, moreover, children adopted or under guardianship or guardianship, under the age of 14 years or a disabled child under the age of 16, continuous work experience is maintained, but subject to employment before the child reaches the specified age.

Currently, the current legislation provides for a unified system for providing citizens of the Russian Federation with children, state benefits in connection with the birth and upbringing of children. This system is designed to provide state-guaranteed material support for motherhood, fatherhood and childhood.

Federal Law of May 19, 1995 N 81-FZ "On State Benefits to Citizens with Children" (as amended on December 22, 2005) regulates the procedure for payment of state benefits to citizens who have children. This Law establishes the following types of state benefits:

) maternity allowance;

) a one-time allowance for women registered with medical institutions in the early stages of pregnancy;

) a lump sum for the birth of a child;

) monthly allowance for the period of parental leave until the child reaches the age of one and a half years;

) monthly child support.

However, the legislation on state benefits to citizens with children does not apply to:

) citizens of the Russian Federation (foreign citizens and stateless persons), whose children are fully supported by the state;

) citizens of the Russian Federation (foreign citizens and stateless persons) deprived of parental rights;

) citizens of the Russian Federation who have left for permanent residence outside the Russian Federation.

The payment of state benefits to citizens with children is carried out at the expense of the Social Insurance Fund of the Russian Federation, funds from the federal budget or funds from the budgets of the constituent entities of the Russian Federation. Moreover, the costs of the delivery and transfer of state benefits are carried out from the same sources from which the payment of benefits is made, and when paying state benefits through banking services, no fee is charged from citizens with children. The size of state benefits to citizens with children in regions and localities with regional coefficients to wages established in them are established using these coefficients, which will be taken into account when calculating state benefits if they are not taken into account in the composition of wages. At the same time, recipients are obliged to promptly notify the authorities that assign these benefits about the occurrence of circumstances that entail a change in the size of state benefits or the termination of their payment. The term for notification of changes may not exceed 3 months.

In the event that a situation arises when the monthly allowance was paid excessively through the fault of the recipient (provision of documents with deliberately incorrect information, concealment of data affecting the right to assign state benefits to citizens with children, calculating their size), these overpaid amounts are withheld from the recipient.

In case of termination of the payment of benefits, the remaining debt is recovered from the recipient in court. Amounts overpaid to the recipient through the fault of the authority that awarded the state benefit will not be withheld, except in the event of an accounting error. In this case, the damage is recovered from the guilty persons in the manner prescribed by the legislation of the Russian Federation.

The maternity allowance is assigned and paid in accordance with the Regulation on the Procedure for Provision of Benefits for State Social Insurance, the Law on State Benefits to Citizens with Children, as well as the Regulation on the Procedure for Appointment and Payment of State Benefits to Citizens with Children

The right to receive maternity benefits from employing organizations is reserved for female workers who are subject to state social insurance, namely, on whose wages and salaries are deducted from the unified social tax. At the same time, the basis for his appointment is only the sick leave issued in the prescribed manner, and in case of its loss - a duplicate of the sick leave.

In the event that a miscarriage occurs after 196 days of pregnancy, the maternity benefit is paid on a general basis.

The maternity allowance is calculated from the average earnings (income) in the manner established for calculating the temporary disability allowance. However, unlike sick leave benefits, maternity benefits are paid in full regardless of the employee's length of service. At the same time, when a time-based wage is established in the organization, all allowances and bonuses that have been paid to her in the current year are added to the employee's salary.

When calculating this benefit, the following types of earnings are not included in the calculation of average earnings:

) wages for overtime work, including additional payments for this work;

) payment for part-time work, and payment is taken into account, both at another enterprise and at the place of main work;

) wages for downtime days, for the period of regular and additional vacations, for the military training or verification fee, for the performance of state or public duties;

) payments of a one-time nature (one-time bonuses, compensation for unused vacation, severance pay, etc.).

The state maternity allowance is paid for all working days during the period of maternity leave. The appointment and payment of this allowance is made at a time for the entire period of the leave granted, but no later than 10 days from the day the employee presents the certificate of incapacity for work. In this case, a woman must apply for benefits no later than 6 months from the date of the end of the maternity leave.

The allowance is paid to an employee within 10 days after she submits a certificate of incapacity for work to the accounting department of the organization. It is discharged to an employee in the antenatal clinic when she ends maternity leave. The accounting department is obliged to pay the woman for all working days that fell on this vacation. An employee can apply for benefits within 6 months from the end of the vacation.

The right to a lump sum is granted in addition to the maternity benefit. This allowance is eligible for pregnant women who are registered with medical institutions in the early stages of pregnancy (up to 12 weeks).

This state allowance is paid at the expense of the Social Insurance Fund of the Russian Federation, the federal budget and the budgets of the constituent entities of the Russian Federation in the prescribed manner.

The Labor Code of the Russian Federation has significantly expanded the scope of legal regulation of the labor of women and persons with family responsibilities. The state paid great attention to the protection of motherhood, childhood, women's health during pregnancy, childbirth and immediately after them; provided more benefits and opportunities at work. Indeed, in the conditions of the spiritual revival of society, it is necessary to pay great attention to the younger generation, on which the development of our country largely depends.

Bibliography

1.Constitution of the Russian Federation of December 12, 1993 (as amended on December 30, 2008) [Text]: official. text // SZ RF. - 2008.

2.Labor Code of the Russian Federation [Text]: [adopted by the State Duma on December 21, 2001]: official. text: as of April 20, 2012 - M .: Prospect, KnoRus, 2012 .-- 224 p.

.Federal Law No. 81-FZ of May 19, 1995 "On State Benefits to Citizens with Children" (as amended on December 22, 2006) [Text] // SZ RF. - 2009.

.Decree of the Government of the Russian Federation of 06.02.93 No. 105 "On new norms of maximum permissible loads for women when lifting and moving heavy weights manually" (as amended on July 22, 2006) [Text] // SZ RF. - 2009.

.Decree of the Government of the Russian Federation of February 25, 00 No. 162 "On approval of the List of heavy work and work with harmful or hazardous working conditions, in the performance of which the use of women's labor is prohibited (as amended on December 9, 2008) [Text] // SZ RF. - 2009.

.Resolution of the Government of the Russian Federation No. 6 of January 8, 1996 "On the concept of improving the status of women in the Russian Federation" (as amended on December 25, 2006) [Text] // SZ RF. - 2008.

.Anisimov L.N. Features of labor regulation of certain categories of workers in the red. Federal Law of 30.06.2006, No. 90-FZ [Text] / L.N. Anisimov. // Labor law. - 2006. - N12. - p. 26 - 33.

.Vanyukhin V. Pregnancy according to the law [Text] / V. Vanyukhin. // Corporate lawyer. - 2007. - N11. - p.16 - 17.

Applications

Appendix A

The employment of women in the following types of work is not allowed:

) work related to lifting and moving weights manually;

) underground work;

) metalworking;

) construction, installation and repair and construction works;

) mining operations;

) exploration and topographic and geodetic works;

) drilling of the wells;

) mining of oil and gas;

) ferrous metallurgy;

) non-ferrous metallurgy;

) repair of equipment for power plants and networks;

) production of abrasives;

) electrical engineering;

) radio engineering and electronic production;

) production and repair of aircraft;

) shipbuilding and ship repair;

) chemical production;

) production and processing of rubber compounds;

) processing of oil, gas, shale and coal, the production of synthetic petroleum products, petroleum oils and lubricants;

) logging and timber floating;

) production of cellulose, paper, cardboard and products from them;

) production of cement;

) stone processing and production of stone products;

) production of reinforced concrete and concrete products and structures;

) production of thermal insulation materials;

) production of soft roofing and waterproofing materials;

) production of glass and glassware;

) textile and light industry;

) food industry;

) railway transport and subway;

) road, sea and river transport;

) civil Aviation;

) printing production;

) production of musical instruments;

) Agriculture;

) work performed in various sectors of the economy.

Introduction

The objectives of labor legislation are to establish state guarantees of labor rights and freedoms of citizens, to create favorable working conditions, to protect the rights and interests of employees 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 loads, harmful (dangerous) working conditions. Pregnant women or women with children need to reduce production standards, service standards or be transferred to another job, excluding the impact of unfavorable production factors in order to ensure the safety 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, associated, first of all, with a decrease in production rates and the protection of minors from work, which can have a negative impact on their moral development.

Features of the regulation of women's labor

Article 253. Jobs where the employment of women is restricted

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

It is forbidden to use the labor of women in work related to lifting and manually moving weights that exceed the maximum permissible standards for them.

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

1. Labor legislation contains special norms aimed at protecting the labor and health of women.

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

a ban on the use of women's labor in jobs involving lifting and manually moving weights that exceed the maximum permissible norms for them, determined by the relevant list.

2. The list of heavy work and work with harmful or hazardous working conditions, in the performance of which the use of women's labor is prohibited, was approved by the Government of the Russian Federation of February 25, 00 No. 162 (SZ RF, 2000, No. 10, Art. IZO).

The employer can decide on the use of women's labor in jobs (professions, positions) included in the list, provided that safe working conditions are created, confirmed by the results of certification of workplaces, with a positive conclusion of the state examination of working conditions and the 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 on 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 permitted, are given in clause 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 forms and types of property, the Council of Ministers - the Government of the Russian Federation by decree of 06.02.93 No. 105 (SAPP RF, 1993, No. 7, Art. 566) approved the norms of maximum permissible loads for women when lifting and moving heavy weights manually.

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

For pregnant women, in accordance with a medical report and at their request, production rates, service standards are reduced, or these women are transferred to another job that excludes the impact of unfavorable production factors, while maintaining the average earnings from their previous job.

Until the issue of providing a pregnant woman with other work that excludes the impact of unfavorable production factors is resolved, she must be released from work with the preservation of the average earnings for all work days missed as a result, at the expense of the employer.

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

Women with children under the age of one and a half years, in case of impossibility of performing the previous work, are transferred upon their application 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. A medical report and a woman's statement shall serve as the basis for lowering the standards of production, service standards for pregnant women or for their transfer to another job.

The refusal of the employer to reduce the production standards, service standards for a pregnant woman, or to transfer her to another job, excluding 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 subject to release from work with the preservation of the average earnings for all the days missed as a result.
3. Since the labor 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 the average earnings) on the basis of a certificate of pregnancy. A special medical opinion in this case is not required (Resolution of the Plenum of the Supreme Court of the RSFSR dated December 25, 1990 No. 6 "On some issues arising from the application of legislation by courts regulating the labor of women" (as amended on December 22, 1992, No. 19; as amended by 21.12.93 № 11 and 25.10.96 № 10) - 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 compulsory dispensary examination while maintaining the average earnings.

The refusal of the employer to transfer a woman with a child under the age of one and a half years, if it is impossible for her to perform her previous work to another job, may be challenged in court.

Article 255. Maternity leave

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

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

1. When the employer is provided with an appropriate medical certificate, women, upon their application, are granted maternity leave, the duration established by part one of Art. 255 of the Code.

Longer maternity leave is granted to women living (working) in the area of residence with the right to resettlement. The duration of the leave is: 90 days before childbirth and 70 days for normal childbirth, 86 days for complicated childbirth, BUT days when two or more children are born (Law of the RSFSR "On social protection of citizens exposed to radiation due to the Chernobyl disaster" - Vedomosti RSFSR , 1991, No. 21, p. 699).

The fundamentals of the legislation of the Russian Federation on the protection of the health of citizens (Vedomosti RF, 1993, No. 33, Art. 1318) determine that women can be granted extended maternity leave in accordance with the legislative acts of the constituent entities of the Russian Federation.

2. During the period of being on maternity leave, women are paid an allowance. The amount of benefits is established by Art. 8 of the Federal Law of May 19, 1995 No. 81-FZ "On State Benefits to Citizens with Children" (SZ RF, 1995, No. 21, Art. 1929).

The maternity allowance is set in the amount of:

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

the minimum wage - to women who were 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 taking part-time studies in educational institutions of primary vocational, secondary vocational and higher vocational education and institutions of postgraduate vocational education;

monetary allowance - to women doing military service under contract, service as privates and commanding officers in the internal affairs bodies, institutions and bodies of the penal system.

3. Maternity leave is calculated in total, that is, if the prenatal period is shorter, the remaining days are added to the days of leave granted to the woman after childbirth.

Article 256. Parental leave

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

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

Leave to care for a child is counted in the total and continuous work experience, as well as in the work experience in the specialty (except for cases of granting a pension on preferential terms).

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

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

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

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

Employees on parental leave retain their place of work (position), i.e. they cannot be dismissed at the initiative of the employer (except in cases of liquidation of the organization or termination of activities by the employer - an individual), transferred to another job.

Parental leave is counted in all types of seniority, 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 giving the right to receive annual paid leave.

Article 258. Breaks for feeding a child

Working women with children under the age of one and a half years, in addition to a break for rest and meals, are provided with additional breaks for feeding the child (children) at least every three hours of continuous work 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. At the request of the woman, the breaks for feeding the child (children) are added to the break for rest and meals, or are summed up both at the beginning and at the end of the working day (work shift) with a corresponding reduction. Breaks for feeding the child (children) are included in working hours and are payable in the amount of average earnings.

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

Because nursing breaks can be moved to both the beginning and end of the 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 (using them during the working day, starting work later or finishing work earlier), the time of these breaks is included in working hours and is paid in the amount of her average earnings.

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INTRODUCTION

1.1 The concept and meaning of the features of the legislative regulation of women's labor

1.2 Sources of law regulating the characteristics of women's work

1.3 Employer's Responsibility for Violations in Granting or Denying Benefits to Women

2.1 Additional guarantees for pregnant women

2.2 Additional guarantees for women with children, including children with disabilities

CONCLUSION

LIST OF USED LITERATURE

INTRODUCTION

Equality of citizens of the Russian Federation in the world of work, regardless of gender, nationality, property and official status, as well as other circumstances, is ensured not only by the legislative prohibition of discrimination on the indicated grounds, but also by ensuring equal opportunities, that is, partial limitation of general rules on those the same issues, or by establishing additional rules for certain categories of workers. These categories of workers are primarily women. This allows them to work without prejudice to their health and harmoniously combine family and professional responsibilities, since they fulfill an important social function of motherhood.

So, taking into account the physiological characteristics of the female body and the performance by women of the functions of motherhood, labor legislation establishes additional guarantees for women, aimed at preventing the impact on the health of women and their babies, harmful and hazardous production factors, as well as to ensure the creation of conditions that allow women to combine work with motherhood. In terms of their content, these guarantees either restrict the scope of employment of women, or establish additional benefits for women during the period when they perform the function of motherhood.

Consideration of such an important state from the point of view of social policy as the issue of regulating the labor of women in our country became the purpose of writing this work.

The objectives of the work correspond to the tasks set, the solution of which has become consecutive steps towards a deep and complete study of the question posed:

1.determination of the justification for the legislative allocation of women to a separate group of workers with special working conditions;

2. determining the significance of this step by the Russian legislator;

3. the allocation of specialized legal norms governing the legal status of women in labor relations in international legal regulations;

4. an overview of the main normative acts of the Russian Federation governing the regulation of the labor of women;

5. Consideration of the specifics of responsibility provided for by the legislation of the Russian Federation for violation of women's rights in the labor sphere;

6. Consideration of the main features of labor regulation for women in general, as well as for pregnant women and women with children under the age of three years - separately.

For the most detailed solution of the tasks posed, I studied not only the theoretical works of domestic legal scholars and the main regulatory legal acts in the field of labor regulation. Also, attention was drawn to a large amount of information of a periodic nature - to form a correct understanding of the existing problems at the present stage, as well as judicial practice on labor disputes of women - to identify the most common conflict issues that exist today.

The work has not only theoretical but also practical value. It can be used by students of higher educational institutions and middle-level educational institutions studying issues related to the legal regulation of women's labor in the Russian Federation; as well as personnel services of enterprises - to organize work that excludes errors, inaccuracies and violations of labor legislation and, accordingly, the rights of women workers.

CHAPTER 1. The concept of labor legislation of the Russian Federation on the specifics of the regulation of women's labor

1.1 RATIONALE AND SIGNIFICANCE OF PECULIARITIES OF LEGISLATIVE REGULATION OF WOMEN'S LABOR

Legal regulation of labor and relations directly related to them proceeds from generally accepted principles and norms of international law and is carried out in accordance with the Constitution of the Russian Federation. The purpose of such regulation is to create favorable and fair working conditions that ensure equality of rights and opportunities for employees, including the right of every employee to working conditions that meet safety and health requirements; to limit working hours; provision of daily rest, weekends and holidays, paid annual leave; for a wage that allows him to lead a decent human existence for himself, his family, etc.

Along with this, the norms of labor legislation are also aimed at protecting the interests of the employer and at ensuring optimal coordination of the interests of the parties to labor relations, the interests of the state.

It was the tasks of observing the principle of equality when establishing state guarantees of labor rights and freedoms of workers and ensuring the protection of the interests of employers and the state that made it necessary to enshrine in labor legislation, along with general rules of law that apply to all employees, special rules for regulating labor of certain categories of workers. Labor law of Russia. Textbook. Ed. Yu.P. Orlovsky, A.F. Nurtdinova. M. 2008.S. 535.

According to Art. 251 of the Labor Code of the Russian Federation, the peculiarities of labor regulation consist in the establishment of legal norms that partially restrict the application of general rules on the same issues or provide for additional rules for certain categories of workers. The Labor Code of the Russian Federation. No. 197-FZ. 12/30/2001. As amended on 07/19/2011. Art. 251 ..

Such features are established by labor legislation and other regulations containing labor law norms, collective agreements, agreements, local regulations.

The grounds for establishing the features of legal regulation of labor include:

· The nature and conditions of work;

· Psychophysiological characteristics of the organism of certain categories of workers;

· Natural and climatic conditions;

· The presence of family responsibilities and other grounds See Labor Code of the Russian Federation. Art. 252 ..

For example, the psychophysiological characteristics of the body of workers are taken into account when establishing certain restrictions on the use of women's labor and additional measures of their social protection. This approach is consistent with the generally recognized principles and norms of international law.

This approach to the regulation of labor relations in the Russian Federation does not contradict international legal norms and the Constitution of the Russian Federation.

Thus, consolidating the general principles of regulating the rights of citizens in the world of work, the International Covenant on Economic, Social and Cultural Rights (hereinafter - the Covenant) provides that the rights enshrined in it can be limited only by law, since this is compatible with the nature of these rights and is carried out exclusively with aim to be consistent with the general welfare See International Covenant on Economic, Social and Cultural Rights. 12/16/1966. Art. 4..

The Constitution of the Russian Federation also emphasizes that the rights and freedoms of man and citizen can be limited by federal law only to the extent necessary in order to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, as well as for other purposes. See the Constitution of the Russian Federation. 12.12.1993. Subject to amendments as of 12/30/2008. Art. 55 p. 3 ..

The need to adopt legal norms establishing additional rules for regulating the labor of certain categories of workers is also provided for by the aforementioned International Covenant. While upholding the right of every person to earn a living in work of his choice or to which he freely agrees, the Covenant emphasizes the need for participating States to take measures for the special protection of mothers within a reasonable time before and after childbirth, with the provision of paid maternity leave to working mothers. See International Covenant on Economic, Social and Cultural Rights. Art. 6 .. Widespread assistance is recognized as necessary for the family, especially in the period when it is responsible for and taking care of dependent children and their upbringing Ibid. Art. 10..

These provisions of the Covenant were further developed and concretized in the acts ratified by Russia: the conventions "On the Elimination of All Forms of Discrimination against Women" (1979) Ratified by the federal law "On Ratification of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women." No. 52-FZ. June 19, 2004. ; "On equal remuneration for men and women for work of equal value" (1951) Ratified by the Decree of the Presidium of the USSR Supreme Council "On ratification of the International Labor Organization Convention No. 100 of June 29, 1951 concerning equal remuneration for men and women for work of equal value." 04.04.1956 .; Workers with Family Responsibilities (1981) Ratified by the Federal Law on Ratification of the Convention on Equal Treatment and Equal Opportunities for Men and Women Workers: Workers with Family Responsibilities. No. 137-FZ. 10/30/1997. and in other international normative legal acts.

Taking into account the generally recognized principles and norms of international law, the Labor Code of the Russian Federation provides that the establishment of differences, exceptions, preferences, as well as restrictions on the rights of workers, which are determined by the requirements inherent in this type of work, established by federal law, or are due to the special care of the state for people in need of increased social and legal protection - the Labor Code of the Russian Federation does not constitute discrimination. Art. 3 ..

On this basis, Russian legislation establishes some restrictions on the use of women's labor, for example, in heavy work and work with harmful and (or) hazardous working conditions, as well as underground work Ibid. Art. 253, 265., prohibits to involve pregnant women in night and overtime work, to send them on business trips Ibid. Art. 259, 268., and provides other additional rules to regulate their work.

Based on what is stated in this chapter, the following conclusions can be drawn about the need to highlight and the significance of the features of the legal regulation of women's labor:

The Constitution of the Russian Federation guarantees equality of human and civil rights and freedoms, which is reflected in labor law in the equality of rights and opportunities for workers. At the same time, labor legislation regulates labor relations of different categories of citizens, which makes it necessary to differentiate labor law. Moreover, this differentiation ensures true equality of opportunities for workers. Subject differentiation involves taking into account the sex and age, physiological characteristics of workers, and their state of health. It is these circumstances that predetermine the emergence of features in the legislative regulation of women's labor, the specification of the application of legal norms to this category of workers. Features of the legal regulation of women's labor are associated with the provision of additional benefits and benefits compared to the general norms. This focus of labor legislation ensures the protection of women's labor, as well as the creation of favorable working conditions that allow women to combine work with motherhood, contributes to the creation of equal opportunities in employment, regardless of gender and family responsibilities.

Establishing the specifics of the legal regulation of women's labor falls under the jurisdiction of federal government bodies. Such features are provided for by section XII of the Labor Code of the Russian Federation. The most important of them will be discussed in the following paragraphs of this work.

1.2 SOURCES OF LAW REGULATING THE SPECIFIC FEATURES OF WOMEN'S LABOR

The movement towards equality between men and women began in the first years after the 1917 revolution. Then the main direction of this movement took place through the economic liberation of women, the establishment of legal equality in family and labor relations, the creation of a system of benefits for working women. Features of the application of labor legislation for certain categories of citizens // Yustitsinform. 2010. No. 2. P. 37 ..

The Soviet state abolished the previous legislation that perpetuated discrimination against women, gave her equal rights with men, and opened access to education. The state has recognized it as its duty to take care of motherhood and childhood.

At the end of 1917 - beginning of 1918, a number of decrees were adopted aimed at protecting the labor of women. It was forbidden to use female labor in underground and some other heavy work, on night shifts, as well as overtime there. S. 38 ..

By decree of the All-Russian Central Executive Committee of Soviets of Workers', Soldiers' and Peasants' Deputies of December 22, 1917, a monetary benefit was introduced on the occasion of childbirth in the amount of full earnings for eight weeks before childbirth and eight weeks after childbirth. The same decree stipulated that a worker during the period of feeding a child could be paid an allowance in the amount of one quarter to half of her earnings within nine months after giving birth See Decree of the All-Russian Central Executive Committee of Soviets of Workers', Soldiers' and Peasants' Deputies "On health insurance." 12/22/1917 / www.libussr.ru. 11/05/2011.

Subsequently, many normative acts were also adopted on the labor of women, on the benefits provided to them during the period of motherhood.

Currently, the legislation of the Russian Federation in the field of labor regulation of women is based on the Constitution of the Russian Federation.

The Constitution of the Russian Federation enshrines the fundamental rights and freedoms of man and citizen. According to Part 3 of Art. 19 of the Constitution of the Russian Federation, man and woman have equal rights and freedoms and equal opportunities for their implementation. In accordance with Part 1 of Art. 38 of the Constitution of the Russian Federation, motherhood and childhood, the family are under the protection of the state. Based on these constitutional norms, the legislator has the right, including through the consolidation of appropriate social protection measures, to provide certain guarantees and benefits for pregnant women and persons with children who, due to existing circumstances, cannot, on an equal basis with other employees, fully fulfill the prescribed general norms of duty in labor relations (labor activity).

The constitutional norm governing the position of women in the labor sphere is also the norm already mentioned in the work that, in accordance with Part 3 of Art. 55 of the Constitution of the Russian Federation, the rights and freedoms of a person and a citizen can be limited by federal law only to the extent necessary in order to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense of the country and the security of states.

The main document in this area is the Labor Code of the Russian Federation. Other federal laws are of some importance. Separate benefits for pregnant women and in connection with motherhood are enshrined in bylaws. The norms of these legal acts specify in each case the provisions of collective agreements and individual labor contracts between an employer and an employee.

International legal acts are of great importance for setting benchmarks, foundations, and general principles for regulating the labor of women in the Russian Federation. Let us dwell on them in more detail.

Among the basic human rights proclaimed by the UN is a set of labor rights, enshrined mainly in two acts: the Universal Declaration of Human Rights; the Universal Declaration of Human Rights. 12/10/1948. and the International Covenant on Economic, Social and Cultural Rights.

These acts differ in legal force.

The Universal Declaration of Human Rights was approved by the UN General Assembly on December 10, 1948 in the form of a resolution. It is optional. This is more of a programmatic, political document. But his authority and moral strength are very high. The Declaration provides for fundamental human rights, including the rights of women and, especially, of women mothers.

The International Covenant on Economic, Social and Cultural Rights was approved by the UN General Assembly in 1966. By its legal nature, it is a multilateral international treaty (convention) ratified by the vast majority of the UN member states, including the USSR. It is binding in the Russian Federation as the legal successor of the USSR. Among the social and economic rights proclaimed and enshrined in this act, labor rights occupy a significant place. The basic rights include the right to special labor protection for women-mothers. The Covenant proclaims the need for special care for women mothers during a reasonable period before and after childbirth. During this time, working mothers should be granted paid leave or leave with adequate social security benefits.

The UN Convention on the Elimination of Discrimination against Women contains important norms of a fundamental nature that regulate the peculiarities of the legal regulation of women's labor. The Convention on the Elimination of All Forms of Discrimination against Women imposes obligations on the ratifying states to eliminate discrimination against women in employment and to ensure that women workers have equal rights with men. For example, inter alia, states are encouraged to prohibit dismissal from work due to pregnancy or maternity leave; discrimination upon dismissal due to the marital status of the dismissal.

One of the main sources of international legal regulation of labor is the acts adopted by the International Labor Organization (ILO). The ILO is a specialized agency of the United Nations, uniting 176 states. According to the ILO Charter, one of the main activities of this organization is rule-making, that is, the creation of international labor standards. The Russian Federation has ratified many ILO conventions. The main conventions that reflect the regulation of women's labor are the conventions already mentioned in the work of the convention:

ILO Convention "Concerning the use of women's labor in underground work in mines of any kind" No. 45. It prohibits the employment of women of any age in underground work in mines, but allows, through an act of national legislation, to exclude from this prohibition women in leadership positions and not performing physical work; women employed in sanitary and social services; women undergoing training and admitted to internships in the underground parts of the mine for vocational training; other women who must descend from time to time underground to perform non-physical work See International Labor Organization Convention Concerning the Employment of Women in Underground Work of All Kinds. No. 45. 06/21/1935 ..

ILO Convention No. 100 on Equal Remuneration for Men and Women for Work of Equal Value. It obliges states to use national methods of setting remuneration rates in order to ensure the application of the principle of equal remuneration for men and women for work of equal value. In other words, remuneration rates should be determined without discrimination on the basis of gender. The concept of "work of equal value" in this case has a broader meaning than "equal work". The use of this concept is intended to prevent indirect restrictions on the principle of equality of remuneration, which are imposed in the application of the principle of “equal remuneration for equal work”. In the case of the application of the latter concept, discrimination of women in relation to the size of wages is possible under the pretext that specific female labor is not equal to male labor (less physical activity, etc.).

On maternity protection, the comprehensive ILO Maternity Protection Convention (Revised 1952) No. 103 is in force, covering all areas of employment: industrial, non-industrial work, agriculture, home work See ILO Convention on Maternity Protection (Revised in 1952) ". No. 103. 06/28/1952 .. According to the said Convention on the provision of a medical certificate certifying the expected date of birth, a woman is entitled to maternity leave, the duration of which must be at least 12 weeks and include the entire period of compulsory postnatal leave. Its duration is established by national legislation, but it cannot be less than 6 weeks. If childbirth occurs after the expected date, the leave taken from that date is extended, at least until the actual date of delivery, and the duration of the mandatory postnatal leave is not reduced in this case. In the event of illness due to childbirth, the woman is entitled to an extension of her postpartum leave, the maximum duration of which may be determined by the competent authority. During maternity leave, a woman is entitled to receive cash benefits and medical assistance. If a woman is breastfeeding her baby, she has the right to breaks during the work shift, the length of which is taken into account by national legislation. Breaks from work to feed the baby are considered working hours and are paid. Dismissal of a woman during maternity leave is not allowed.

The entire system of sources of labor law in the Russian Federation is aimed at providing special social protection to such a category of workers as women. This is ensured by the legislative establishment of the specifics of the regulation of their labor.

All labor legislation of Russia highlights the features of labor regulation in relation to:

· All women;

· Pregnant women;

· Women with children, including children with disabilities.

These features are a system of certain benefits, guarantees and compensation, which is designed to facilitate the work of women.

1.3 EMPLOYER'S RESPONSIBILITY FOR VIOLATIONS IN PROVIDING OR REFUSAL OF BENEFITS TO WOMEN

As you can see, the labor legislation establishes a fairly large list of benefits and guarantees, taking into account the physiological characteristics of the female body. The purpose of such measures is to protect the health of women and subsequent generations, as well as to create conditions that allow combining work with motherhood.

It is often difficult for an employer to comply with all the many rights guaranteed to pregnant women and women with children. However, for non-compliance with the law, the employer can be brought not only to administrative but also to criminal liability.

The most serious violations are unjustified refusal to hire or dismiss a pregnant woman or a woman with children under the age of three. The head of the company (another official), as well as the individual entrepreneur-employer, are prosecuted. They can be fined up to 200 thousand rubles or wages (other income) for a period of 18 months. In addition, they can be involved in compulsory work for a period of 120 to 180 hours See the Criminal Code of the Russian Federation. No. 63-FZ. 13.06.1996. (As amended on 21.07.2011). Art. 145 ..

Unjustified refusal of a citizen to hire and unjustified dismissal of an employee should be considered the absence of objective reasons that would give sufficient grounds for making such a decision.

The question of whether there was discrimination in the refusal to conclude an employment contract is decided by the court when considering a specific case.

If the court finds that the employer refused to hire because of the circumstances related to the business qualities of this employee Clause 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2: a person to perform a certain labor function, taking into account his professional qualifications (for example, the presence of a certain profession, specialty, qualification), personal qualities of the employee (for example, the state of health, the presence of a certain level of education, work experience in this specialty in this industry). " such a refusal is justified.

In addition, the employer has the right to present to a person applying for a vacant position or job other requirements that are mandatory for concluding an employment contract by virtue of a direct prescription of federal law or that are necessary in addition to standard or typical professional qualification requirements due to the specifics of a particular job. (for example, knowledge of one or more foreign languages, computer skills).

The subjective side of this crime is characterized by direct intent. The guilty official, vested with the right to hire and fire workers, is aware that he is committing this crime and wishes to do so. For the onset of criminal liability, the motive for the actions of the official must be established, which consists in the unwillingness to have a pregnant woman or a woman with children under the age of three at work, to get rid of an employee unwanted by the employer, to settle personal scores (for example, reprisals for criticism, etc.). etc.), the desire to appoint to a vacant position (a dismissed employee) a person pleasing to oneself See Gusov K.N., Poletaev Yu.N. Responsibility for Russian Labor Law: Scientific and Practical Guide. M. 2008.S. 103.

For less gross violations (for example, refusal to transfer to work with more favorable factors, failure to provide a special job, vacation, etc.) are brought to administrative responsibility. According to Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, violation of labor and labor protection legislation entails the imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles; for persons engaged in entrepreneurial activities without forming a legal entity - from one thousand to five thousand rubles or administrative suspension of activities for up to ninety days; for legal entities - from 30 thousand to 50 thousand rubles or administrative suspension of activities for up to ninety days See the Code of the Russian Federation on Administrative Offenses. No. 195-FZ. 12/30/2001. (As amended on 21.07.2011). Art. 5.27 ..

Violation of labor or labor protection legislation by an official previously subjected to administrative punishment for a similar administrative offense - entails disqualification for a period of one to three years Ibid ..

It should be noted that the manager (another official) who violated the rights of a pregnant woman can be held accountable even if he has already left the company. Indeed, at the time of the crime, he was an official.

In addition, it should be noted that both a company as an employer and an official who violated labor legislation can be held liable for the same offense. The difference will be that the firm can only be brought to administrative responsibility, and the head - and criminal.

Based on the information presented in this chapter, the following conclusions can be drawn:

The entire complex of legislation of the Russian Federation is aimed at ensuring guarantees of the observance of the rights and legitimate interests of women in the labor sphere. Thus, the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation, providing for liability for the employer's admission when granting benefits to women or refusing to provide them, protect the right of pregnant women and women with children under the age of three years to work. The norms of these codes are additional guarantees for a woman's exercise of the right to work if she has children of the specified age or is in a state of pregnancy.

CHAPTER 2. Features of the regulation of women's labor in the Russian Federation

The peculiarities of the regulation of women's labor are due to the special concern of the state for this category of workers. 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) hazardous working conditions, as well as in underground work, with the exception of non-physical work or work on sanitary or household services.

So, in accordance with 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) hazardous working conditions, as well as in underground work, with the exception of non-physical work or work on sanitary and household services.

The list of such industries, jobs, professions and positions with harmful and (or) hazardous working conditions is approved by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations.

Since after the entry into force of the Labor Code of the Russian Federation and until now such a list has not been approved, by virtue of Art. 423 of the Labor Code of the Russian Federation applies the List of heavy work and work with harmful or hazardous working conditions, during which it is prohibited to use the labor of women dated February 25, 2000 See the Decree of the Government of the Russian Federation "On approval of the list of heavy work and work with harmful or hazardous working conditions, when performing which the employment of women is prohibited ”. No. 162. 25.02.2000 ..

The specified list contains the following types of work:

Work where the use of female labor is prohibited (they are grouped by industry: metalworking; construction, installation and repair and construction work; mining; exploration and topographic and geodetic work; well drilling; oil and gas production, etc.);

· Jobs where, as an exception, the employment of women is allowed.

In particular, among underground work in the mining industry and in the construction of underground structures, these include work performed by women:

· Occupying leadership positions and not performing physical work (general director, director, chief, technical manager, manager, chief engineer);

· Undergoing training and admitted to training in the underground parts of the organization;

· Doctors, nurses and nurses;

· Barmen and other workers engaged in sanitary and household services.

It should be noted that in accordance with the legislation of the Russian Federation, employers have the right to use the labor of women in these jobs, provided that safe working conditions are created, which are confirmed by the results of certification of workplaces, with a positive conclusion of the state examination of working conditions and the service of the State Sanitary and Epidemiological Supervision of the corresponding constituent entity of the Russian Federation. The fact that the employer does not have these documents confirming the creation of safe working conditions by him allows a woman to refuse to perform work included in this List. After that, the employer has the obligation to keep the woman's average earnings for the entire period of self-protection of rights. A woman is obliged to start work after a written acquaintance with the documents confirming the creation of safe working conditions by the employer. The absence of written documents confirming the woman's familiarization with the conclusions of state bodies on the safety of working conditions at her workplace deprives the employer's representatives of the right, in the event of a dispute, to refer to the testimony to confirm this familiarization Mironov V.I. Labor law of Russia. Textbook. M. 2005.S. 583 ..

Article 253 of the Labor Code of the Russian Federation also prohibits the use of women's labor in work related to lifting and manually moving weights that exceed the maximum permissible norms for them.

The norms of maximum permissible loads for women when lifting and moving heavy weights manually are approved by the Decree of the Council of Ministers - the Government of the Russian Federation See the Resolution of the Government of the Russian Federation "On new norms of maximum permissible loads for women when lifting and moving heavy weights manually." No. 105. 06.02.1993 ..

The specified standards set the maximum permissible weight of cargo for women:

· When lifting and moving weights when alternating with other work (up to twice an hour) - 10 kg;

· When lifting and moving weights constantly during the work shift - 7 kg.

The mass of the cargo being lifted and moved includes the mass of tare and packaging, and when moving the cargo on trolleys or in containers, the applied force should not exceed 10 kg.

Working women are sympathetic to these standards, realizing that they are called upon to wishful thinking. However, the current legislation allows a woman to refuse work, the performance of which is associated with exceeding the maximum permissible norms for lifting and moving weights. Such a refusal is in accordance with the law and entails the employer's obligation to keep the woman's average earnings. Although it must be admitted that legal regulation is too far from the practice of labor relations. Therefore, women continue to perform backbreaking work.

Regarding the considered norms regulating the use of women's labor, the following should be noted. The Labor Code of the Russian Federation replaced the wording “restriction of the use of women's labor” with the wording established earlier in Art. 160 of the Labor Code of the Russian Federation The ban on the employment of women in heavy work and work with harmful and hazardous working conditions, as well as in underground work and work with harmful and hazardous working conditions, as well as in underground work, has expired since February 1, 2002 except for some underground work (non-physical work or work on sanitary and domestic services).

However, in my opinion, N.N. Sheptulina, refusal to prohibit the use of women's labor in hard work and in work with harmful and (or) dangerous working conditions contradicts the international principles and norms of N.N. Sheptulina. Features of labor regulation of certain categories of workers // Labor law. 2004. No. 6. P. 56 ..

For example, ILO Convention No. 45, mentioned earlier, prohibits the employment of women in underground work in mines of any kind. Consequently, in accordance with Part 4 of Art. 15 of the Constitution of the Russian Federation and part 2 of Art. 10 of the Labor Code of the Russian Federation, if an international treaty of the Russian Federation establishes rules other than those provided by law, then the rules of the international treaty apply.

In this regard, I believe that the provisions of Part 1 of Art. 253 of the Labor Code of the Russian Federation in accordance with the generally recognized principles and norms of international law and prohibit the use of women's labor in heavy work and work with harmful and (or) dangerous working conditions, as well as in underground work.

In addition, a benefit common to all women working in rural areas is that, upon written application, they can be given one additional day off per month without pay. This is provided for by Art. 262 of the Labor Code of the Russian Federation.

2.1 ADDITIONAL WARRANTIES FOR PREGNANT WOMEN

In order to ensure the right of pregnant women to work and reduce physical stress on their body during pregnancy, labor legislation establishes the following additional guarantees for pregnant women:

· when applying for a job;

· On working conditions;

· By the duration of working hours;

· By the time of rest;

· Upon termination of the employment contract.

Job guarantees

When applying for a job, Art. 64 of the Labor Code of the Russian Federation prohibits refusing to conclude an employment contract for reasons related to a woman's pregnancy.

Unjustified refusal to hire a woman on the grounds of her pregnancy, as already described above, is prosecuted.

If a pregnant woman is applying for a vacant position, then pregnancy is not a reason for refusing her employment, but if a pregnant woman does not meet the requirements for a candidate, she may not be hired.

The issue of employment of pregnant women is quite sensitive today. In this regard, in my opinion, it deserves a more detailed consideration. Since in practice this problem is closely related to the problem of finding a job for women with young children, we will consider them in aggregate.

The provisions of the UN Convention "On the Elimination of All Forms of Discrimination against Women", mentioned earlier as one of the main sources of labor law, enshrine the right to the same employment opportunities for men and women, including the application of the same selection criteria for recruitment.

It should be borne in mind that it is forbidden to refuse to conclude an employment contract due to discriminatory circumstances, including women for reasons related to pregnancy or the presence of children (parts 2 and 3 of article 64 of the Labor Code of the Russian Federation).

Contrary to the proclaimed norms, in practice there is often discrimination in employment on the basis of gender and non-business qualities. Thus, job advertisements often contain, in addition to a position not related to the special nature of work, characteristics of the required qualities, an indication of the sex of the employee, which infringes upon the rights of the opposite sex, as a rule, women. Women are offered less prestigious jobs (less prestigious vacancies). This is unacceptable, since these requirements are not related to the employee's business qualities and are discriminatory.

Any direct or indirect restriction of rights and establishment of advantages in hiring, depending on gender, is not allowed. This is a clear violation of the equality of men and women, which is unacceptable. Therefore, such job postings are discriminatory.

Moreover, when hiring, the employer often asks the employee to fill out a questionnaire, which, among others, may contain questions of a personal nature, for example, marital status, the presence of children. The employee may feel that it is better to hide such data and indicate inaccurate data. Over time, true information may be revealed, and the employer will terminate the employment contract under paragraph 11 of Art. 81 of the Labor Code of the Russian Federation (termination of an employment contract at the initiative of the employer in the event that the employee provides false information).

In this case, one should agree with T.A. Kozlova, who believes that if a woman indicated that she does not have young children or a state of pregnancy, and subsequently it was found that this information is not true, and the employer decides to dismiss her under paragraph 11 of Art. 81 of the Labor Code of the Russian Federation. Since marital status does not apply to the business qualities of an employee, the very fact of having young children or pregnancy will become the motive for dismissal. Dismissal should be recognized as discriminatory, and the employee should be reinstated at work Kozlova T.A. Personal data of the employee: collection, storage, responsibility for the accuracy and illegal distribution // Labor law. 2004. No. 8. S. 59. (on the decision of the issue of dismissal under paragraph 11 of Art. 81 of the Labor Code of the Russian Federation - see paragraph 2.2. Of this work).

It should be noted that it is prohibited to establish a test for pregnant women when hiring. This prohibition is contained in Art. 70 of the Labor Code of the Russian Federation.

If the fact of pregnancy became known after the woman got a job, and a probationary period was established for her, this period must be canceled.

Since the condition of the test must be spelled out in the employment contract, then its cancellation must be documented. For this, the employer issues an order to cancel the probationary period from the day when the employee submitted a certificate confirming the state of pregnancy. In addition, it is necessary to draw up an additional agreement to the employment contract. It states that the clause of the employment contract, which contains the test condition, is invalidated from the moment the supplementary agreement is signed.

Labor conditions guarantees

In terms of working conditions, pregnant women are provided with such benefits as lower production rates, service standards.

These women are transferred to another job that excludes the impact of unfavorable production factors. Moreover, in accordance with Art. 254 of the Labor Code of the Russian Federation, the average earnings from previous jobs are preserved.

The amount of saved earnings during this time is calculated based on the average wage, for the calculation of which Art. 139 of the Labor Code of the Russian Federation, a unified procedure has been established, the features of which are determined by the Regulation on the specifics of the procedure for calculating wages See the Resolution of the Government of the Russian Federation "On the specifics of the procedure for calculating the average wages". No. 922.24.12.2007. (As amended on 11.11.2009). ...

Until the issue of transfer is resolved, the woman is released from work with the preservation of the average earnings for all the work days missed as a result. The average earnings for pregnant women are preserved even when they undergo a mandatory dispensary examination in medical institutions. This is provided for by Art. 254 of the Labor Code of the Russian Federation.

It should be borne in mind that there are hygienic recommendations for the rational employment of pregnant women See Hygienic recommendations for the rational employment of pregnant women. Approved. The State Committee for Sanitary and Epidemiological Supervision of the Russian Federation on 12/21/1993, the Ministry of Health of the Russian Federation on 12/23/1993 .. In addition, the Hygienic Requirements for Working Conditions for Women indicate the characteristics of the work that pregnant women should be exempted from, criteria for optimal workload, requirements for technological operations, equipment, workplaces, where the labor of pregnant women will be used See SanPin 2.2.0.555-96 2.2. “Occupational hygiene. Hygienic requirements for the working conditions of women. Sanitary rules and norms ". Approved. Resolution of the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation. No. 32. 28.02.1996. ... The job to which a pregnant woman is transferred must meet the established requirements.

Pregnant women are allowed to lift loads only from the surface of objects, but not from the floor or above their shoulders. They can carry loads no further than 5 m, weighing up to 60 kg in one hour, but no more than 1.25 kg per reception. The total allowable amount of cargo that a pregnant employee can carry for an eight-hour working day is 480 kg. Note that the weight of the cargo has already included the mass of containers and packaging. See the Resolution of the Government of the Russian Federation "On new standards for maximum permissible loads for women when lifting and moving heavy weights manually."

Thus, a pregnant woman can carry or lift small loads. This means that the employer must choose a job for her that would meet these requirements. This can be light work of packing, sorting, or assembling.

There are also special requirements for a pregnant woman's workplace. Thus, work is allowed only in a standing or sitting position. Squatting, kneeling, bent over, with abdominal or chest support in any objects, as well as on equipment with a foot pedal is prohibited.

The production technology in which a pregnant woman is employed, or the equipment with which she works, must exclude the following types of risks:

· Physical (associated with a high proportion of injuries, for example, when working on a machine);

· Chemical (work in hazardous production associated with the risk of irritation, inflammation, for example, as a result of inhalation of the smallest particles of rocks in mines);

· Biological (work associated with a genetic risk, for example, with the risk of infection when working at a nuclear power plant or with a risk of infection, for example, when working in a chemical laboratory).

Pregnant women are forbidden to work on a conveyor belt with a forced rhythm and carry out operations that are associated with stress.

Pregnant women employed in jobs professionally related to the use of personal electronic computers, from the time of the establishment of pregnancy, should be transferred to work not related to the use of a PC, or the time of work with a PC should be limited for them (no more than three hours per shift) subject to compliance with hygienic requirements See the Resolution of the Chief State Sanitary Doctor of the Russian Federation "On the introduction of sanitary and epidemiological rules and regulations SanPiN 2.2.2 / 2.4.1340-03". No. 118.03.06.2003. (As amended on 03.09.2010). ...

The grounds for transfer to another job are:

· A medical certificate issued to a pregnant woman by a doctor (obstetrician-gynecologist), in the presence of harmful and dangerous working conditions. The duty of a doctor, in the presence of harmful and dangerous working conditions, to issue such a conclusion to pregnant women from the first visit is enshrined in the Instructions for organizing the work of an antenatal clinic. See the Order of the Ministry of Health of the Russian Federation "On the improvement of obstetric and gynecological care in outpatient clinics." No. 50. 10.02.2003 .. The conclusion indicates the gestational age, the reasons for the transfer, in the line "Recommended work" those works are indicated, the performance of which is permissible. As a rule, general recommendations are indicated in the conclusion. If there is a doctor in the organization, he can recommend specific types of work for translation, or the personnel department can offer a woman a choice of several possible vacancies available to the organization;

· A statement containing a request for transfer and a link to a medical report.

Temporary transfer to another job is made out by order of the employer. The employee must be personally signed with the order. The order contains information:

· The reasons for the temporary transfer;

· About the job to which the employee is transferred;

· About the terms of remuneration;

· About the term of temporary transfer.

The record of the transfer in the work book is not entered, since in accordance with Part 4 of Art. 66 of the Labor Code of the Russian Federation, information is entered into the work book only about permanent transfers.

Since the transfer is temporary, after the end of the circumstances that prevented the employee from performing work in accordance with her employment contract, she must return to her previous place of work.

If it is impossible to provide a pregnant worker with easier work, the woman can be released from work until maternity leave (always with the preservation of average earnings).

Working hours guarantees

The duration of the working time can be regulated by a pregnant woman herself.

Article 93 of the Labor Code of the Russian Federation provides that, at the request of a pregnant woman, the employer is obliged to establish a part-time or part-time working week. In this case, the employer does not have the right to refuse to establish part-time working hours. A pregnant worker has the right to request the establishment of a part-time working day or week, both upon employment and later. The specific number of hours by which the working day will be reduced is established by agreement between the employer and the pregnant woman.

Remuneration for labor is made in proportion to the time worked or depending on the amount of work performed. During the period of establishing part-time work, a woman's labor rights should not be limited (the duration of annual paid leave is not reduced, length of service is calculated in the usual manner, etc.).

The prohibitions of labor legislation on the attraction of pregnant women to:

· Work at night (from 22-00 to 6-00) See Labor Code of the Russian Federation. Art. 96 .;

· Overtime work, that is, work performed by the employee on the initiative of the employer outside the established working hours Ibid. Art. 99 .;

· Work on weekends and non-working holidays, and it is also prohibited to send pregnant women on business trips Ibid. Art. 259 .;

· Work on a rotational basis Ibid. Art. 298 ..

The listed prohibitions apply even if a woman requests to be admitted to such work.

Rest time guarantees

Labor legislation establishes a number of benefits for pregnant women in terms of rest time.

In accordance with Art. 255 of the Labor Code of the Russian Federation, pregnant women are granted maternity leave with a duration of 70 calendar days before childbirth (in the case of multiple pregnancies - 84) and 70 calendar days after childbirth (in case of complicated childbirth - 86, with the birth of two or more children - 110).

During this vacation, a state social insurance benefit is paid. The procedure for the payment of benefits and its amount are determined by the Federal Law "On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Maternity" See Federal Law "On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Maternity". No. 255-FZ. 12/29/2006. (As amended on 25.02.2011) ..

The grounds for granting maternity leave are:

· statement;

· Certificate of incapacity for work.

This right of a woman corresponds to the obligation of the employer to provide the woman with maternity leave of the specified duration. Failure to fulfill this obligation allows the woman to take advantage of this leave on her own, since its provision does not depend on the discretion of the employer's representatives.

A pregnant woman (if she has the appropriate desire) is obligatorily provided with annual paid leave before the expiration of six months of continuous work in the organization - before or immediately after maternity leave. It is noteworthy that in this case, there are no requirements for the minimum duration of employment. With regard to the length of early leave, full leave is granted unless the woman asks for only part of the leave.

The basis for granting annual paid leave before the expiration of six months of continuous work is the woman's application.

Labor legislation (even if the employee wishes) prohibits:

· Withdraw pregnant women from leave Labor Code of the Russian Federation. Art. 125 .;

· Replace the part of the vacation exceeding 28 calendar days with monetary compensation Ibid. Art. 126 ..

Guarantees upon termination of an employment contract

Upon termination of an employment contract, a pregnant woman has a number of advantages that allow her not to lose her job.

Labor law does not allow an employer to take the initiative to terminate an employment contract with pregnant women. The exceptions are cases of liquidation of an organization or termination of activities by an individual entrepreneur. This is established by Art. 261 of the Labor Code of the Russian Federation.

Special issues of the regulation of women's labor. Features of the regulation of the labor of women and children. Education and training in the field of labor protection

Introduction

Features of the regulation of women's labor

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