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Preferential rights of pregnant women in labor relations
Preferential rights of pregnant women in labor relations
According to the legislation, pregnant women are entitled to a number of labor rights and privileges. Expert Kamala Yusifova has provided clarification on these rights.
According to Article 52 of the Labor Code, no probationary period is established for pregnant women, women with children under the age of three, or men who are raising a child under the age of three alone. Additionally, pregnant women are not subject to attestation. Certification is also not carried out for women (or single fathers) who are on social leave to care for a child under the age of three and return to work in the relevant position (profession) within less than one year after that leave.
According to Article 79 of the Labor Code, pregnant women, women with children under three, and men raising a child under three alone are among the categories of employees whose employment contracts cannot be terminated by the employer.
In addition, pregnant women have different working hours and work time. According to Article 91 of the Labor Code, the weekly working hours must not exceed 36 hours for pregnant women, women with children under 18 months, and single parents with children under the age of three.
Article 98 of the Labor Code outlines a list of employees who cannot be assigned to night work. According to the article, pregnant women, women with children under the age of 14, women raising children with disabilities (in consideration of Article 242), and men raising a child under the age of three alone may only be assigned to night work with their written consent.
According to Clause 4 of Article 131 of the Labor Code, women have the right to use their annual paid leave for the first year of work immediately before or after maternity leave, regardless of when the employment contract was signed.
The legislation prohibits employers from refusing to conclude an employment contract with a woman due to pregnancy or having a child under three years old. This rule does not apply if the employer does not have a suitable job (position) or in cases specified in Paragraphs 5 and 6 of Part 1 of Article 211 of the Labor Code. If the employer refuses to enter into an employment contract with a pregnant woman or a woman with a child under three for these reasons, she has the right to request a written explanation. The woman also has the right to appeal to court to defend her rights in case of refusal.
Pregnant women, women with children under 14, and women raising a child with disabilities may only be assigned to night work, overtime, work on weekends, public holidays, or sent on business trips with their written consent. In the case of pregnant women or those with a child under three, a medical opinion stating that such work poses no threat to the life or health of the mother or child is also required.
According to Clause 2 of Article 245 of the Labor Code, the employer must grant reduced working hours (part-time work or a shortened workweek) with proportional pay upon request from pregnant women, women with children under 14 or children with disabilities, or those caring for a sick family member based on a medical opinion. The duration of the daily or weekly working time is determined by mutual agreement. On days when pregnant women or mothers of children under three attend dispensary or outpatient medical examinations, or receive medical consultations, their average salary must be maintained. The employer must create the necessary conditions to ensure these women can access such medical services.
Can an employment contract with a pregnant woman be terminated on the grounds of the expiration of a fixed-term contract?
Let’s first look at the expiration of a fixed-term employment contract. According to Article 73 of the Labor Code, if neither party notifies the other in writing (on paper or via an electronic information system) at least one week before the expiration of the contract, the contract is extended for the same period or becomes indefinite in accordance with Part 5 of Article 45 of the Code.
- Article 79 of the Labor Code lists the categories of employees whose employment contracts cannot be terminated by the employer:
- Pregnant women, women with children under three, and single fathers raising children under three;
- Employees whose sole source of income is their current job and who are raising a preschool-aged child alone;
- Employees who are temporarily disabled;
- Employees with diabetes or multiple sclerosis;
- Employees who are members of trade unions or any political party;
- Employees caring for a child with disabilities or another family member whose bodily functions are impaired by 81–100%;
- Employees who are on leave, on a business trip, or participating in collective negotiations.
It is clear from this that pregnant women are among those whose employment contracts cannot be terminated. However, according to Part 2 of Article 79, this protection does not apply to terminations based on Subparagraph “a” of Article 70 or Article 73 of the Labor Code.
Therefore, under Part 2 of Article 79, an employment contract with a pregnant woman may be terminated upon the expiration of a fixed-term contract.
According to the legislation, pregnant women are entitled to a number of labor rights and privileges. Expert Kamala Yusifova has provided clarification on these rights.
According to Article 52 of the Labor Code, no probationary period is established for pregnant women, women with children under the age of three, or men who are raising a child under the age of three alone. Additionally, pregnant women are not subject to attestation. Certification is also not carried out for women (or single fathers) who are on social leave to care for a child under the age of three and return to work in the relevant position (profession) within less than one year after that leave.
According to Article 79 of the Labor Code, pregnant women, women with children under three, and men raising a child under three alone are among the categories of employees whose employment contracts cannot be terminated by the employer.
In addition, pregnant women have different working hours and work time. According to Article 91 of the Labor Code, the weekly working hours must not exceed 36 hours for pregnant women, women with children under 18 months, and single parents with children under the age of three.
Article 98 of the Labor Code outlines a list of employees who cannot be assigned to night work. According to the article, pregnant women, women with children under the age of 14, women raising children with disabilities (in consideration of Article 242), and men raising a child under the age of three alone may only be assigned to night work with their written consent.
According to Clause 4 of Article 131 of the Labor Code, women have the right to use their annual paid leave for the first year of work immediately before or after maternity leave, regardless of when the employment contract was signed.
The legislation prohibits employers from refusing to conclude an employment contract with a woman due to pregnancy or having a child under three years old. This rule does not apply if the employer does not have a suitable job (position) or in cases specified in Paragraphs 5 and 6 of Part 1 of Article 211 of the Labor Code. If the employer refuses to enter into an employment contract with a pregnant woman or a woman with a child under three for these reasons, she has the right to request a written explanation. The woman also has the right to appeal to court to defend her rights in case of refusal.
Pregnant women, women with children under 14, and women raising a child with disabilities may only be assigned to night work, overtime, work on weekends, public holidays, or sent on business trips with their written consent. In the case of pregnant women or those with a child under three, a medical opinion stating that such work poses no threat to the life or health of the mother or child is also required.
According to Clause 2 of Article 245 of the Labor Code, the employer must grant reduced working hours (part-time work or a shortened workweek) with proportional pay upon request from pregnant women, women with children under 14 or children with disabilities, or those caring for a sick family member based on a medical opinion. The duration of the daily or weekly working time is determined by mutual agreement. On days when pregnant women or mothers of children under three attend dispensary or outpatient medical examinations, or receive medical consultations, their average salary must be maintained. The employer must create the necessary conditions to ensure these women can access such medical services.
Can an employment contract with a pregnant woman be terminated on the grounds of the expiration of a fixed-term contract?
Let’s first look at the expiration of a fixed-term employment contract. According to Article 73 of the Labor Code, if neither party notifies the other in writing (on paper or via an electronic information system) at least one week before the expiration of the contract, the contract is extended for the same period or becomes indefinite in accordance with Part 5 of Article 45 of the Code.
- Article 79 of the Labor Code lists the categories of employees whose employment contracts cannot be terminated by the employer:
- Pregnant women, women with children under three, and single fathers raising children under three;
- Employees whose sole source of income is their current job and who are raising a preschool-aged child alone;
- Employees who are temporarily disabled;
- Employees with diabetes or multiple sclerosis;
- Employees who are members of trade unions or any political party;
- Employees caring for a child with disabilities or another family member whose bodily functions are impaired by 81–100%;
- Employees who are on leave, on a business trip, or participating in collective negotiations.
It is clear from this that pregnant women are among those whose employment contracts cannot be terminated. However, according to Part 2 of Article 79, this protection does not apply to terminations based on Subparagraph “a” of Article 70 or Article 73 of the Labor Code.
Therefore, under Part 2 of Article 79, an employment contract with a pregnant woman may be terminated upon the expiration of a fixed-term contract.