1. What guarantees established for pregnant women, the employer must provide without fail?
The legislation prohibits the involvement of pregnant women:
to work at night;
overtime work;
to work on weekends;
send pregnant women on business trips.
It is forbidden to use the labor of women in general:
in heavy work and in work with harmful or dangerous working conditions;
in underground work, except for non-physical work or work on sanitary and domestic services;
for lifting and moving things, the mass of which exceeds the limit norms established for them.
If a pregnant woman provides an appropriate medical report, she will be reduced production rates or service standards or transferred to easier work, which eliminates the influence of adverse production factors. Moreover, if the employer does not have the opportunity to transfer a woman to a lighter job, she is subject to exemption from work while maintaining her average earnings.
At the request of a pregnant woman, the employer must establish her a part-time or part-time week, while avoiding any restrictions on the scope of her labor rights.
A pregnant employee has the right to use annual leave of full duration at a convenient time for her before the six-month period of continuous work in the first year of work at this enterprise - before or after maternity leave, and also to postpone or extend the annual leave in case of maturity maternity.
2. Is it possible to dismiss a pregnant woman for violation of labor discipline - truancy?
According to Article 184 of the Labor Code of Ukraine, it is forbidden to dismiss pregnant women at the initiative of the owner or his authorized body. Such exemption is possible only in the event of the complete liquidation of the enterprise, institution or organization, but with the obligatory employment of a woman. That is, the employer must offer the woman another job in her specialty at the same or at any other enterprise. Moreover, the time gap between dismissal and employment is not allowed.
The same ban applies to the dismissal of a pregnant employee in the event of the expiration of a fixed-term employment contract: the employer is obligated to employ the indicated employee, and for the period of employment to keep her average wage, but not more than three months from the date of termination of the fixed-term employment contract.
So, it is impossible to dismiss a pregnant woman at the initiative of the owner or a body authorized by him, except for the case of the complete liquidation of the enterprise, with her mandatory employment.
It should be noted that for violation of labor legislation (including failure to provide the above guarantees), officials of enterprises, institutions and organizations bear not only administrative, but also criminal liability. Moreover, the legislation provides for increased responsibility for the same violations committed against a pregnant woman.
Work.ua wishes everyone an understanding and successful resolution of all controversial issues in their careers!
The legislation prohibits the involvement of pregnant women:
to work at night;
overtime work;
to work on weekends;
send pregnant women on business trips.
It is forbidden to use the labor of women in general:
in heavy work and in work with harmful or dangerous working conditions;
in underground work, except for non-physical work or work on sanitary and domestic services;
for lifting and moving things, the mass of which exceeds the limit norms established for them.
If a pregnant woman provides an appropriate medical report, she will be reduced production rates or service standards or transferred to easier work, which eliminates the influence of adverse production factors. Moreover, if the employer does not have the opportunity to transfer a woman to a lighter job, she is subject to exemption from work while maintaining her average earnings.
At the request of a pregnant woman, the employer must establish her a part-time or part-time week, while avoiding any restrictions on the scope of her labor rights.
A pregnant employee has the right to use annual leave of full duration at a convenient time for her before the six-month period of continuous work in the first year of work at this enterprise - before or after maternity leave, and also to postpone or extend the annual leave in case of maturity maternity.
2. Is it possible to dismiss a pregnant woman for violation of labor discipline - truancy?
According to Article 184 of the Labor Code of Ukraine, it is forbidden to dismiss pregnant women at the initiative of the owner or his authorized body. Such exemption is possible only in the event of the complete liquidation of the enterprise, institution or organization, but with the obligatory employment of a woman. That is, the employer must offer the woman another job in her specialty at the same or at any other enterprise. Moreover, the time gap between dismissal and employment is not allowed.
The same ban applies to the dismissal of a pregnant employee in the event of the expiration of a fixed-term employment contract: the employer is obligated to employ the indicated employee, and for the period of employment to keep her average wage, but not more than three months from the date of termination of the fixed-term employment contract.
So, it is impossible to dismiss a pregnant woman at the initiative of the owner or a body authorized by him, except for the case of the complete liquidation of the enterprise, with her mandatory employment.
It should be noted that for violation of labor legislation (including failure to provide the above guarantees), officials of enterprises, institutions and organizations bear not only administrative, but also criminal liability. Moreover, the legislation provides for increased responsibility for the same violations committed against a pregnant woman.
Work.ua wishes everyone an understanding and successful resolution of all controversial issues in their careers!
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