Benefits for working women

What position will you return to?

If you worked before the birth, then, in accordance with Part 4 of Art. 256 of the Labor Code of the Russian Federation (TK RF), for the period of parental leave until the child’s three years of age, you retain your job and position. If for the period of your work you took another employee to your place, then upon returning you from the parental leave, you are reinstated to your previous position, and the employee who replaced you must be offered another job. This employee is warned that he enters the position of an employee who is on parental leave. If it is difficult for you to perform work in the previous position and your child is not yet one and a half years old, then you are entitled to submit an application on the basis of part 4 of Art. 254 of the Labor Code of the Russian Federation, about transferring to another job with remuneration for work performed, but not lower than the average salary of previous work until the child reaches the age of one and a half years.

Part time

It is often difficult for a woman with a child to go to work with a full-time job. This is caused by the need to take the child early from kindergarten or from school, to take classes, etc. In such cases, the woman has the right to demand the establishment of her part-time work, on the basis of art. 93 of the Labor Code of the Russian Federation. This opportunity is provided for a parent with a child under the age of 14 (a disabled child under the age of 18).

When establishing labor regimes with part-time work hours, the duration of the working day (shift), as a rule, should not be less than 4 hours, and the working week less than 20 hours with a five-day week and less than 24 hours with a six-day one. Depending on the specific production conditions, a different working time can be set. An employer cannot refuse a part-time job schedule to an employee. Payment for part-time work is set in proportion to the hours worked or depending on the amount of work done.

There are no restrictions other than pay (namely, the duration of the annual basic paid vacation, the calculation of seniority, etc.), the work of a woman on a part-time basis does not entail.

By agreement between the employee and the employer, it is possible to set part-time work for a specific period - for example, until the child reaches a certain age or for the period of the school year. If your baby has not yet reached the age of one and a half years, then you are entitled, on the basis of art. 258 of the Labor Code of the Russian Federation, to require the provision of additional breaks for feeding your child (children), at least every three hours for at least 30 minutes each.

If you have two or more children under the age of one and a half years, then you are entitled to a break for feeding them for at least one hour. You have the right to add additional breaks for feeding the child to a break for rest and meals, or to transfer them in summarized form to the beginning or end of the working day. Breaks for feeding the child (children) are included in the working time and are payable in the amount of average earnings.

After hours ...

There are certain restrictions on the employment of women with children. So, on the basis of a special article 259 of the Labor Code of the Russian Federation, sending on business trips, engaging in overtime work, night work, weekends and non-working holidays of women with children under three years of age are allowed only with their written consent and that it is not prohibited by them in accordance with the medical opinion issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, women with children under the age of three years should be informed in writing of their right to refuse to be sent on a business trip, to be involved in overtime work, night work, weekends and non-working holidays. A similar provision is also provided for in Art. 99 of the Labor Code of the Russian Federation: involvement in overtime work of women with children under the age of three years is allowed only with their written consent and provided that it is not prohibited for health reasons in accordance with a medical certificate.

Vacation

Working mothers also have the opportunity to take additional leave without pay, if such an option is provided for in a collective labor contract. Based on Art. 263 of the Labor Code of the Russian Federation, an employee who has two or more children under the age of 14; an employee who has a disabled child under the age of 18; single mother raising a child under the age of 14; father, raising a child under the age of 14 years without a mother, a collective agreement can establish annual additional leave without saving wages at a convenient time for up to 14 calendar days. The specified leave at the written request of the employee can be attached to the annual paid leave or used separately, in whole or in parts. The transfer of this leave to the next working year is not allowed. There are additional paid days for workers caring for children with disabilities and women working in rural areas (Art. 252 of the Labor Code of the Russian Federation). On the basis of a written application, four additional paid days off per month are provided to one of the parents (guardian, custodian) to care for disabled children, which can be used by one of these persons or separated by them at their discretion. Payment for each additional day off is made in the amount and manner established by federal laws.

Dismissal

For women with children and those raising children without a mother, there are certain guarantees upon termination of the employment contract. So, on the basis of Part 4 of Art. 261 of the Labor Code of the Russian Federation, termination of an employment contract with women having children under the age of three, single mothers raising a child under the age of 14 (disabled child under 18), other persons raising these children without a mother, at the initiative of the employer allowed except in certain cases.

Where to look for protection?

It should be borne in mind that all guarantees referred to are provided for by the Labor Code of the Russian Federation, but in practice some companies still have problems with reinstatement in their previous work, with the provision of work schedules and other rights. In case of violation of rights, you can apply to the court with a claim, the term of appeal to the court, in accordance with Art. 392 of the Labor Code of the Russian Federation, is three months from the day when the employee learned of the violation of his right. You can also contact the labor dispute committee if it is at the company where you work. According to ordinary labor disputes, you should file a claim for the protection of your rights to the Magistrates' Court.

Labor disputes are considered fairly quickly. The plaintiffs are exempted from the payment of the state duty to the court for labor cases on the basis of paragraphs. 1 p. 1 Art. 333.36 of the Tax Code of the Russian Federation.

Labor Code: Parental Rights to Know familyr_pravo   wrote in May 23rd, 2012

text: Ksenia Pechenik
photo: offices of different countries (flickr.com)

The legislation provides for a number of additional preferences for working parents. Chapter 41 of the Labor Code of the Russian Federation provides for the specifics of the regulation of the labor of women and persons with family obligations. So, what should working parents be aware of their labor rights?

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

Guarantees to persons caring for children with disabilities

To one of the parents, in order to care for disabled children, according to his written application, the employer must provide 4 additional paid days off per month. He can use them alone, or share them with another parent at their discretion (article of the LC RF).

Rinwood Office, Australia

Know your rights!

Perhaps when you were employed, you were not yet a parent and simply did not pay attention to the additional guarantees for family employees, which the employer included in their internal regulations.

In order to have an idea of ​​what benefits you can claim, carefully study the local regulations of the employer (for example, the Provision on the provision of material assistance), the collective agreement, the provision on the primary trade union organization (if any). When applying for a job, an employee must, under a signature, acquaint them with the local regulations of the employer. In case of their publication after the conclusion of the employment contract, the employee is also obliged to familiarize with the internal documents. Many companies impose a duty on employees to independently familiarize themselves with local acts on the employer's server.

Remember also that an employee at any time has the right, on the basis of article 62 of the Labor Code of the Russian Federation, to demand from the employer certified copies of documents related to his work.

In legal practice, the most common issues of providing benefits for working women. Chapter 41 of the Labor Code of the Russian Federation (the Labor Code of the Russian Federation) is devoted to the specifics of regulating their labor. Labor legislation provides for the right to a shorter working day, additional holidays and weekends. The costs incurred by the company, paying benefits, partially offset by the Social Security Fund. However, the company is obliged to provide some of them at its own expense.

Harmful working conditions

Article 253 of the Labor Code of the Russian Federation establishes restrictions on the employment of women in heavy work and in harmful and dangerous working conditions. The list of heavy and unhealthy works was approved by Decree of the Government of the Russian Federation of February 25, 2000 No. 162. As follows from the List, a woman should not, for example, clean tanks in which oil products were previously located. Also marked underground work directly associated with heavy loads. But a woman can occupy the position of an engineer or a doctor at such an enterprise. A full list of non-prohibited posts is given in paragraph 2 of the footnote to the said decree.

Overtime

If a woman is pregnant, the organization does not have the right to involve her in overtime work, call on the night shift and days off, send on business trips (Article 259 of the Labor Code of the Russian Federation). This also applies to women who have children under the age of three. However, the administration may ask young mothers to work overtime on the condition that this is not prohibited for medical reasons, and also to inform them in writing that they can refuse to work. In case of consent, the employee must give a written confirmation. If a woman is raising a child alone, then the benefits are granted until he is five years old (article 96 of the Labor Code of the Russian Federation). Article 298 of the Labor Code of the Russian Federation establishes restrictions for engaging in work on a rotational basis. Namely: pregnant women and those who have children under three years old cannot be sent for such work.

Part time

A woman with a child may be asked to establish for her part-time or part-time work. She has the right to make such a request when she gets a job, or later, if the child is ill. The administration is obliged to satisfy the request of the employee, if he is no more than 14 years old, and the disabled child is under 18 years old. The same rule applies to pregnant women (Article 93 of the Labor Code of the Russian Federation). For other employees, a shorter working day or part-time work week can be set not by mandatory, but by mutual agreement. In this case, the salary is calculated in proportion to the time worked or by output. It should be noted that the Labor Code of the Russian Federation does not limit the number of hours that can reduce working time. Therefore, it is agreed with the employer on how much a working day will be shorter than usual. Part-time work does not entail any restrictions on the length of annual paid leave, the calculation of work experience and other rights.

According to article 258 of the Labor Code of the Russian Federation, women with children up to one and a half years old are entitled not only to have a common lunch break, like all employees, but also additional ones to feed a child for at least 30 minutes. If the worker has two or more children under the age of one and a half years, then at least an hour. Moreover, such breaks should be provided every three hours of continuous operation. Breaks, relying for feeding the child, the employee can add to the lunch time or move them to the beginning or end of the working day, thereby reducing it. They are included in working hours and paid on the basis of average earnings, which is calculated in accordance with the article of the Labor Code of the Russian Federation. To calculate the average earnings, you need to add the employee's salary for the last 12 months. The resulting amount divided by the time that was actually worked out for the period. You can learn more about this by familiarizing yourself with the Regulations on the features of the procedure for calculating the average wage, approved by a decree of the Government of the Russian Federation of April 11, 2003 No. 213.

Disabled children

Women who have disabled children under the age of 18 are entitled to four additional paid days off per month. The exemption is provided for in Article 262 of the LC RF. To provide it, an employee must write a statement addressed to the head of the organization. Additional weekends are paid in the amount of daily earnings at the expense of the Social Insurance Fund. Such an order is defined in the joint letter of the Ministry of Labor of Russia No. 296 –AP and the FSS of Russia No. 02–08 / 05–762 P dated April 5, 2002.

Pregnancy and childbirth

In accordance with article 254 of the Labor Code of the Russian Federation, the administration is obliged to transfer a pregnant woman, at her request, to lighter work than the previous one, or to lower her production rate. The basis for the transfer is a medical certificate and a statement from the worker. After that, the employee retains the average earnings at the same place of work. If documents are submitted, she may not go to work until she is provided with lighter than before working conditions. The organization misses the missed days based on average earnings. By the way, women who have children under the age of one and a half years are also entitled to demand lighter work. After the transfer, the average earnings remain until the child is one and a half years old.

Maternity leave with the payment of state social insurance benefits in the amount prescribed by law at the expense of the social insurance fund is provided to women upon their application and in accordance with a medical certificate (Article 255 of the Labor Code of the Russian Federation). According to the federal law of May 19, 1995 No. 81 – FZ “On State Allowances to Citizens with Children” (with amendments and additions), maternity allowance is established at the place of work for female employees who are subject to state social insurance in the amount of average earnings (income ). However, the Federal Law of February 8, 2003 No. 25 – ФЗ “On the Budget of the Social Insurance Fund of the Russian Federation” limits the amount of this allowance to no more than 11,700 rubles per month. The procedure for payment is specified in the Regulations on the procedure for providing benefits for state social insurance, approved by the Presidium of the All-Union Central Council of Trade Units No. 12 of November 12, 1984, and in the letter of the Social Insurance Fund of the Russian Federation of February 18, 2002 No. 02-18 / 05/1136. These documents state that maternity allowance is prescribed and paid for working days missed during the period of maternity leave, and calculated by multiplying the daily allowance by the number of specified days. And the daily allowance is based on the average daily earnings: the amount of earnings is divided by the number of all working days of the month (according to the schedule) attributable to maternity leave.

The duration of maternity leave is 140 calendar days (70 days before childbirth and 70 days after), in the case of multiple pregnancies, 194 calendar days (84 days before birth and 110 days after). On a childcare leave, a woman can stay until the child is three years old (article 256 of the Labor Code of the Russian Federation). Moreover, while on vacation, she can work at home or go to work on a part-time basis. And regardless of whether she works or not, she will receive benefits at the expense of the FSS of Russia.

Holiday to care for the child

Leave for child care is counted in the general and continuous work experience, as well as in work experience in the specialty (with the exception of cases of assigning a pension on preferential terms). In this regard, it must be remembered that, in accordance with the Federal Law of 17 December 2001 No. 173-FZ "On labor pensions in the Russian Federation", the insurance period is the period of care for each child until he reaches the age of one and a half years, but not more than three years in total.

In addition, working women can take advantage of additional leave without pay. It is obliged to provide it to mothers raising minor children, as well as women who have two or more children under 14 years old (one disabled child under the age of 18 years). This provision is established by Article 263 of the Labor Code of the Russian Federation. Other employees are given additional leave in agreement with the head of the company. It should be noted that before a maternity leave, directly after it, or after the leave to take care of a child, a woman can, at her own request, take annual paid leave regardless of the length of service in this organization (Article 260 of the Labor Code of the Russian Federation).

Recruitment and dismissal

As for the benefits in matters of recruitment or dismissal from it, Article 70 of the Labor Code of the Russian Federation prohibits pregnant women from probation. In the conclusion of an employment contract also cannot be denied for reasons related to pregnancy or the presence of children (article 64 of the Labor Code of the Russian Federation).

Protects TK RF pregnant women with children, and from losing their jobs. First, do not dismiss the pregnant employee, except in cases of liquidation of the organization. Secondly, if during the period of pregnancy a woman expires a fixed-term employment contract concluded with her earlier, the employer is obliged by her application to extend its term until such time as maternity leave. And thirdly, an employer cannot dismiss a woman if she has children under three years old, or she alone is raising a child under the age of 14 or a disabled child under the age of 18. The termination of the employment contract at the initiative of the employer with the above-mentioned employees is possible in the following cases:

• liquidation of the organization;
• nonconformity with her position or work performed due to her health condition (medical report);
• repeated non-fulfillment of employment duties without good reason and if there is a disciplinary sanction;
• one-time gross violation of labor duties (clause 6 of Article 81 of the Labor Code of the Russian Federation);
• committing the guilty actions by an employee who directly serves monetary or commodity values, which give rise to loss of confidence in her on the part of the employer;
• a female worker performing educational functions, an amoral act incompatible with the continuation of this work;
• a single gross violation by the head of the organization, his deputy, of his job duties;
• submission of false documents or false information by an employee when entering into an employment contract.

Thus, labor legislation establishes a specific list of benefits for working women, the provision of which is guaranteed by the state and is established in all organizations regardless of their form of ownership. Employers may be held accountable for violating the requirements of the Labor Code of the Russian Federation in the field of labor regulation for women. In particular, Article 145 of the Criminal Code of the Russian Federation criminalizes unjustified refusal to hire or unreasonable dismissal of a pregnant woman or a woman with children under three years of age.

06/04/2014 11:19:14, Lady Fortuna. Benefits and guarantees for single mothers. on feeding children up to three years (single mothers, having many children and I read a lot of situations that even mothers with children from different marriages who live together do not have benefits 20.11.2015 13:18:10, Lena Taganrog.

Discussion

On the first question:
Labor Code Article 93. Part-time work
By agreement between the employee and the employer, they can be established both upon admission to work and subsequently part-time (shift) or part-time work. The employer is obliged to establish part-time (shift) or part-time work at the request of the pregnant woman, one of the parents (guardian, custodian), who has a child under the age of fourteen years (a disabled child under the age of eighteen), as well as the person carrying out care for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.
When working on a part-time basis, an employee is paid in proportion to his or her time worked or depending on the amount of work done by him.
Part-time work does not entail for the employees any restrictions on the length of the annual basic paid vacation, the calculation of seniority and other labor rights.

So if you work 4 days a week, then your salary will be not 100%, but 80% of salary.

On the second question - of course, the work of the courier is not associated with harmful or dangerous working conditions)))) Yes, you can ride and 8 hours. With a break for lunch, of course.

I, as an employer and a mother of many children, in one person can only tell you one thing - I’m quite uninterested in an employee who will work on a reduced schedule and for double pay. IMHO. If only the government structure, and even then ...

A Up to 3 years old, up to 5 parents of a self-raising child and up to 14 single mothers. At the same time, women with children under the age of three should have benefits and allowances to single mothers in 2016: size, time, one-time and ...

Discussion

Do not have the right in any case, even if you ask yourself, only up to 1.5. A Up to 3 years old, up to 5 parents raising their own child and up to 14 single mothers only with their written consent.

TK RF. Article 259. Guarantees to employees when they are sent on business trips, to work overtime, work at night, weekends and non-working holidays.

It is prohibited to send on business trips, to attract overtime work, work at night, weekends and non-working holidays of pregnant women.

Sending to business trips, engaging in overtime work, night work, weekends and non-working holidays of women with children under the age of three years, are allowed only with their written consent and provided that it is not prohibited by medical recommendations. At the same time, women with children under the age of three years should be informed in writing of their right to refuse to be sent on a business trip, to be involved in overtime work, night work, weekends and non-working holidays.

The guarantees provided for in part two of this article are also provided to employees who have disabled children or disabled children from childhood until they reach the age of eighteen years, as well as employees caring for sick members of their families in accordance with a medical opinion.

Question: How old is the mother to be nursing? If my child is 1.5 years old, I no longer have the right to have benefits along the length of the working day, as nursing?

Discussion

Do not have.
Article 258 of the Labor Code of the Russian Federation. Breaks for feeding baby

Working women with children under the age of one and a half are provided, in addition to the breaks for rest and meals, 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 shall be not less than one hour.
At the request of the woman, breaks for feeding the child (children) are joined to the break for rest and meals, or in a summarized form are transferred both to the beginning and to the end of the working day (work shift) with its corresponding reduction.
Breaks for feeding the child (children) are included in the working time and are payable in the amount of average earnings.

One girl told. That enjoyed the benefits of up to four years. When she was made a remark that she was lying, she took out her chest and squirted on the villainous boss.

In kindergarten, 100% benefit: - to parents of disabled people - having many children - guardians. Single mothers do not have benefits to pay double child allowance. kindergarten and breakfast + lunch at school - for free ... even according to the Labor Code cannot be fired up to 14 child years ...

Discussion

I was told that the second automatically hits. I don't worry about the daughter either, the manager said she would take it. Moreover, if the garden is visited by 2 children, then the payment is a 50% discount.

By law, it is considered a privilege, if one child visits the garden, then the second is obliged to take automatically into the same one, if there are places. They can refuse only if there are no places at all or the whole line consists of beneficiaries (single mothers, large families, etc.), and you signed up, suppose, later than them all.
In the Department of Education, look for the boss and decide with him.

Enlighten, please, and what benefits do benefits and guarantees for single mothers. food for children up to three years old (single mothers Benefits and rights of large families. And I have no right to use what privileges as a single mother. 14 .09.2017 10:04:25.

Is this law obligatory for everyone or are there any benefits for single mothers? I found in it only a reference to the fact that a WORKING woman with a child under 14 years old has the right to additional leave at her own expense for ...

Discussion

This is not called a leave at his own expense, but a leave to care for a child under the age of 3 years. With this type of leave, your place of work and position will be preserved. But you do not have to pay anything at work. In this sense - it will be a vacation at their own expense. Benefits for single mothers, I have not found.

Benefits and guarantees for single mothers. ... that during the liquidation of an enterprise, institution, organization, the compulsory employment of pregnant women being laid off, as well as women with children under 3 years of age, single mothers with children under 14 or with a child ...

What are the benefits of having a working mom-child? Section: Laws, rights (what benefits do working mothers have)? Other children. Benefits for working women. What are the benefits of a working mother of a child up to 3 years.

Discussion

Article 186. Restriction of night work, overtime work and sending on business trips of pregnant women and women with children under the age of three.

Attraction to night work, overtime work and work on weekends and sending on business trips to pregnant women and women with children under three years of age is allowed only with their written consent, and pregnant women, moreover, provided that such works are not contraindicated for health reasons.

Article 44. Part-time work
At the request of a pregnant woman, a woman with a child under the age of fourteen (a disabled child under sixteen), including in her care, or a person caring for a sick family member in accordance with a medical opinion, the administration must establish part-time or part-time work.

And for other workers, by agreement between the employee and the administration, it can also be established both upon admission to work and later part-time or part-time.

Remuneration in these cases is made in proportion to the time worked or depending on the output.

Part-time work does not entail for employees any restrictions on the length of annual leave, the calculation of work experience and other labor rights.

Section: Laws, rights (what benefits do working mothers have)? And thirdly, an employer cannot fire a woman if she has children under three years old, or she alone is raising a child under the age of 14 years ...

Discussion

That's all there is in the Labor Code about the work of women (and men) with children.
"Men who have children under the age of three, and workers caring for sick members of their families in accordance with a medical certificate, can be involved in night work only with their consent.
Women with children aged three to fourteen years old, men with children under fourteen years of age, workers who have children with disabilities or disabled from childhood until they reach the age of eighteen years, and workers caring for sick members of their families in according to a medical certificate, they cannot be involved in overtime work and sent on missions without their consent.
One of the working parents (guardian, custodian) for caring for children with disabilities and people with disabilities from childhood until they reach the age of 18 are provided with four additional paid days off per month, which can be used by one of these persons or divided by them at their discretion .
Women working in rural areas are provided, at their request, one additional day off per month without pay.
Women with children under the age of one and a half years, in case of impossibility to perform the previous work, are transferred to another job with preservation of the average earnings from the previous work until the child reaches the age of one and a half years.
A parental leave, a grandmother, grandfather or other relatives, a guardian who actually takes care of the child can be used fully or in parts to take care of a child until he reaches the age of three years.
At the request of a woman and the persons specified in part two of this article, while they are on parental leave, they can work part-time or at home.
For women with children under the age of one and a half, in addition to a general break for rest and meals, additional breaks are provided for feeding the child.
These breaks are provided no less than three hours, each lasting at least thirty minutes. If there are two or more children under the age of one and a half years, the duration of the break shall be not less than an hour.
Breaks for feeding a child are included in working hours and are paid on average earnings. "
Another question is how to make the administration of the commercial structure comply with all this?

Up to one and a half years breaks in work for at least half an hour every 3 hours, you can gather this time in a handful during the day, i.e really shorten the working day by the hour. Additional days off according to different information for mothers with two or three children (about two weeks per year), plus two days paid for vacation, the rest is only for business trips, night work and after-hours work (according to the old code it’s not possible at all, for the new kind only with mother's consent)

The main advantage of a single mother is that she cannot be dismissed from her job until the child is 14 years old. But I know for sure about the mother alone (the impossibility of her dismissal). And I have living examples before my eyes.

Discussion

The main benefit of a single mother is that she cannot be fired from her job until the child is 14 years old.

In accounting help from the registry office (single mother) and from the social security office, where you get a child allowance. And there ... in a state enterprise, some kind of tax should be reduced and some payments should be made. But it is only on GOS

In accordance with the Constitution of the Russian Federation, motherhood and childhood, the family are under state protection. This partly explains the fact that the Labor Code provides additional guarantees for working mothers with minor children. The combination of motherhood and work is not an easy task, since both require time and attention. And above all, the Labor Code for working mothers provides guarantees relating to the mode of their work and rest. But precisely because of those for any employer, no matter how rough it may sound, young mothers are “uncomfortable” employees. In this connection, among other things, labor legislation establishes guarantees for working mothers upon termination of an employment contract.

Leave for a working mother Perhaps, the main guarantee provided by the Labor Code for mothers of young children should be the opportunity to go on leave to care for a child at any time until the child reaches three years old (art. 256 TK). The employee may also return from such leave at any time and is not even obliged to inform the employer about early withdrawal. However, the holiday in question can be used not only by the mother, but also by another relative or guardian who actually takes care of the child. Parental leave must be granted to a female employee upon her application, drawn up in any form. On the basis of such a statement, an order should be issued in the form N T-6 (approved by the Resolution of the State Statistics Committee of Russia of January 5, 2004 N 1), according to which information on leave is recorded in the employee’s personal card. In this case, it is advisable to reflect in the latter only the date of commencement of the leave, and the date of the end of such should be indicated only when the employee actually takes to work. Then, when the employee leaves the vacation on a personal card, she will not have to make corrections. By the way, in such a situation it makes sense to issue an order to end the leave in any form. But leave to care for a child is not the only "privilege" that is guaranteed to working mothers in terms of rest. Thus, the Decree of the Central Committee of the CPSU, Council of Ministers of the USSR of January 22, 1981 N 235 and the Order of the Council of Ministers of the USSR of October 30, 1985 N 2275r stipulate that an employee or a single working man raising two or more children under the age of 12 years old the right to annual paid leave at a time convenient for them, for example, during the summer school holidays. In this case, the meaning of art. 423 of the Labor Code, these regulations are still valid to the extent that do not contradict the Labor Code. Accordingly, when making a vacation schedule, first of all, the desired dates of rest should be obtained from mothers or single fathers who have two or more children under the age of 12 years.

Labor regime of a working mother First of all, it should be noted that the status of a mother of a child under three years old automatically exempts an employee from shift work and allows her to be involved in work at night or in overtime work, and also sent to a business trip only with her written consent (art. 96, 99, 259, 298 TK). It should be remembered that with the right to refuse this or that job, employees must be notified by the employer in writing upon signature. Also, if it is impossible to perform a previous job, a working mother of a child who has not reached one and a half years old, the employer is obliged to transfer to another job with payment not lower than the average earnings from the previous job (Art. 254 TC). For example, such a situation may arise if the previous duties required constant traveling. In this case, it is necessary to conclude an additional agreement to the employment contract in connection with a change in position or department, and also to issue an order for transfer in the form T-5 (approved by the Resolution of the State Statistics Committee of Russia of January 5, 2004 N 1). Workers with children under the age of one and a half years, the employer by virtue of the requirements of Art. 258 of the Labor Code is obliged to provide during the working day, except for a lunch break, breaks for feeding children. The duration of such, if the employee has one child, must be at least 30 minutes each, if two or more - at least an hour. In any case, breaks are provided at least every three hours, are included in working time and are paid in the amount of average earnings. At the same time, according to the woman’s statement, the feeding time of the child (children) can be added to the lunch break or in the sum can be transferred both to the beginning and to the end of the working day (work shift) with its corresponding reduction. On the provision of breaks, it is necessary to issue an order, where the “feeding regime” declared by the young mother will be fixed. Employee can take parental leave until the child reaches the age of three, and, as they say, on the job. So, according to Art. 256 of the Labor Code on her application during this period she can work at home or part-time. Moreover, the employee does not lose the right to receive insurance coverage in the form of a monthly allowance for caring for a child up to one and a half years (Article 11.1 of the Law of December 29, 2006 N 255-ФЗ; Article 13 of the Law of May 19, 1995 N 81 -FZ, Letter of the FSS of the Russian Federation of August 10, 2010 N 02-02-01 / 08-4003). However, the salary of a working mother in this case is paid in proportion to the time worked. To transfer an employee to work at home or on part-time basis, a corresponding application from her will be required, on the basis of which it is necessary to issue an additional agreement to the employment contract for a new job or working mode. Also, working conditions during the holiday period must be reflected in the employee’s personal card in the “Additional Information” section, since the time for such work is taken into account when calculating the length of service for annual paid leave. Note! In the time sheet, the days of childcare leave until the child reaches three years of age are marked with the letter "coolant" or numeric "15".

Guarantees upon termination of the contract Although the Labor Code limits the employer's ability to part with employees on their own initiative, some grounds for such a unilateral termination of the employment contract are still provided. Among other things, these include: - reduction of the number or staff; - inconsistency of the employee position or work performed due to insufficient qualifications; - change of the owner of the property of the company (in relation to the head of the organization, his deputies and the chief accountant); - the adoption by the employee of an unreasonable decision that caused damage to the property of the company. However, an employer is not entitled to dismiss a woman with a child under the age of three on these grounds.