Labor Code is working time for women with children. Features of work of persons with children up to three years

All employers - individuals and legal entities, regardless of their organizational and legal forms and forms of ownership, are obliged to provide guarantees and privileges established by current legislation for employees caring for young children. In this article, we consider the features of labor relations with persons combining work and care for children under the age of three years.
Right to work

According to a woman, while on child care leave, she can work part-time or at home while retaining the right to receive state social insurance benefits (Art. 256 of the Labor Code of the Russian Federation) (see Examples 1-2).

Director of Wholesaler LLC
Chistyakovu I.G.
accountant Golubeva OV

Statement
From 01.06.2009 to 01.07.2011, during the parental leave, I ask you to give me a part-time job with the right to receive state social insurance benefits.
Appendix: a copy of the birth certificate of the child - Elizaveta Ivanovna Golubeva.

Limited Liability Company "Wholesaler"
Order

About work during the period of parental leave

Based on the application of the accountant Golubeva Oksana Vladimirovna of May 21, 2009 and in accordance with article 256 of the Labor Code of the Russian Federation

I order:
1. To provide from 01.06.2009 to 01.07.2011 to the accountant O.V. Golubeva, who is on leave to care for a child until he reaches the age of three years, works on a part-time basis while retaining the right to receive benefits on state social insurance.
2. Install the accountant OV Golubev the following part-time mode:
- duration working week - five days with two days off;
- reduction of the duration of daily work by 2 (two) hours on all days of the working week;
- The duration of working time, taking into account the reduction - 30 hours per week;
- working hours, taking into account the reduction: Monday-Friday from 9-00 to 16-00, a break for rest and food from 12-00 to 13-00.
3. Accounting to charge the accountant OV Golubevoy:
- wages in proportion to the time worked;
- allowance for child care until he reaches the age of one and a half years.
4. Control over the execution of the order to entrust the chief accountant, MI. Krasnov.

Director I. Chistyakov Chistyakov

Read the order:

Accountant Golubeva O. Golubeva 05/25/2009

Chief Accountant MI Krasnov Krasnova 25.05.2009

Personnel Inspector Ivanova D.A. Ivanova 05.25.2009

It should be noted that the Regulation on the procedure and conditions for the employment of women with children and working part time working timeapproved by the decision of the USSR State Committee on Labor and Social Affairs of the Secretariat of the All-Union Central Council of Trade Unions of April 29, 1980, N 111 / 8-51 (hereinafter - Regulation N 111 / 8-51). Moreover, this document is used only in the part that does not contradict the Labor Code (Article 423 of the Labor Code of the Russian Federation).
In accordance with clause 8 of Provision N 111 / 8-51, work 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.

Arbitrage practice
The arbitrators decided that the established for Odintsova N.N. the mode of operation corresponds to the signs of a shortened working day (every working day is 12 minutes less than that of other workers) and a shortened working week (39 hours instead of 40 hours). Therefore, she has a legal right to receive benefits. At the same time, the reference of the FSS to the fact that the norm contained in clause 8 of Regulation N 111 / 8-51 is imperative (and therefore, in this case, the mode of operation cannot be considered part-time), the court rejected because advisory in nature. The fact is that the maximum duration of part-time or week labor legislation is not provided (the decision of the FAS of the Ural district from 10.12.2008, N F09-9217 / 08-C2).

If the working time and rest time of an employee is different from general rulesoperating at the employer, it is necessary to register in the employment contract (article 57 of the Labor Code of the Russian Federation). In accordance with Art. 72 of the Labor Code of the Russian Federation to change the conditions determined by the parties employment contract An additional agreement is concluded (see Example 3).

Wholesaler LLC, hereinafter referred to as the “Employer”, represented by Igor G. Chistyakov, Director, acting on the basis of the Charter, and Oksana Golubeva (passport of the citizen of the Russian Federation: series 61 44 N 784512, issued on 15.03.2005 by the Soviet District Department of Internal Affairs of Ryazan ), acting in its own interests and on its own behalf, hereinafter referred to as the “Employee”, being guided by the agreement reached, have agreed on the following:
1. Provide an employee on maternity leave with part-time work, while retaining the right to receive benefits for state social insurance.
2. Set the Worker the following mode of operation on a part-time basis:
2.1. The working week is five days with two days off.
2.2. Reduce the duration of daily work by 2 (two) hours on all days of the work week.
2.3. The duration of working time, taking into account the reduction - 30 hours per week.
2.4. Working time with reduction:
- Monday-Friday from 9-00 to 16-00;
- a break for rest and food from 12-00 to 13-00.
3. The remuneration of labor to the Employee shall be made in proportion to the time he has worked

- beginning - 01.06.2009;
- end - 07/01/2011 (until the end of the parental leave until the child reaches the age of three).
The agreement was made in the city of Ryazan on May 25, 2009 in two copies: one for each of the Parties. Both copies of the Agreement are identical and have the same legal force.

Details of the parties

Employer: Employee:
Open Company "Wholesaler" Golubeva Oksana Vladimirovna
INN 6234011223 KPP 623401001 Passport: Series 61 44 N 784512
PSRN 1056204567788 issued 15.03.2005 by the Soviet ROVD
Address: 390011, Ryazan, ul. High-voltage, Ryazan
15, p. 1 Registered at:
settlement account 40702815500000000333 390000, Ryazan,
Ltd. Bigbank Ryazan st. Theater, 35, kv. 77
c / a 30101810000000000222 BIC 046126222
Chistyakov I.G. Chistyakov Golubeva O. Golubeva

Women with children under the age of one and a half years, in the event of the impossibility of performing the previous work, are transferred on their application to another job. At the same time, until the child reaches the age of one and a half years, the remuneration should not be lower than the average earnings of the former place of work (Article 254 of the Labor Code of the RF). Please note that here we are talking only about children under the age of one and a half, and not up to three years.
Note that the release of the main employee to work entails termination of contractual obligations with another person, who was accepted for the time of the duties of the absent employee under the terms of an urgent labor contract (Art. 79 of the Labor Code of the Russian Federation), combining (Art. 60.2 of the Labor Code of the Russian Federation), translation (Art. 72.2 TK RF). In this case, the woman’s dismissal is allowed due to the expiration of the employment contract during her pregnancy, if such a contract was concluded while the absent employee was fulfilling her duties, if it is impossible to transfer her with the written consent of the woman before the termination of the pregnancy to another employer’s work (Art. 261 of the Labor Code of the Russian Federation).

Restrictions on work

Women with children under the age of three cannot be involved in work performed on a rotational basis (art. 298 of the Labor Code of the Russian Federation). At the same time nursing mothers banned an extensive list of works.
Breaks for feeding baby

In accordance with Art. 258 of the Labor Code of the Russian Federation for working women with children under the age of one and a half years, additional breaks are provided for feeding the child at least every three hours for at least 30 minutes each. If a woman has two or more children under the age of one and a half years, the duration of the break for feeding should be at least one hour. Breaks for feeding are included in the working time and are payable in the amount of average earnings.
Please note that in Labor Code not prescribed type of feeding a child. Consequently, the considered breaks are set for any feeding of children, both breast and artificial.
At the request of the woman, the indicated breaks can be added to the break for rest and meals, or in a summarized form can be transferred both to the beginning and to the end of the working day with its corresponding reduction (see Examples 4-6).

General Director of LLC "Lily"
Bulanov I.V.
Economist Arbatov G.S.

Statement

From 01.06.2009 to 03/15/2010, I request that the breaks for feeding the child be transferred in summarized form to the end of the working day with its corresponding reduction.

Appendix: a copy of the birth certificate of a child - Svetlana Ivanovna Arbatova.

Limited Liability Company "Lily"

About breaks for feeding a child

Based on a statement by economist Arbatova Galina Sergeyevna of 05/28/2009 and in accordance with article 258 of the Labor Code of the Russian Federation
I order:
1. To provide from 01.06.2009 to 15.03.2010 to the economist G.S. Arbatova, as a working woman with a child under the age of one and a half years, two additional breaks for feeding the child, lasting 30 minutes each.
2. To transfer the additional breaks established by paragraph 1 of this order for feeding the child in summarized form at the end of the working day with its corresponding reduction.
3. Accounting count GS Arbatova established by this order breaks for feeding a child on the basis of average earnings.
4. Control over the execution of the order to entrust the chief accountant of Z.V. Popov and the head of the PTO I.F. Tarakanova.

Director I.V. Bulanov Bulanov

Read the order:

Economist Arbatov G.S. Arbatov May 29, 2009

Chief Accountant Popova Z.V. Popova 05.29.2009

Head of VET Tarakanova I.F. Tarakanova 05.29.2009

Personnel Inspector Ivlieva SA Ivlieva 05.25.2009

LLC “Lilia”, hereinafter referred to as the “Employer”, represented by the director Bulanova Igor Vladimirovich, acting on the basis of the Charter, and Arbatova Galina Sergeevna (passport of the citizen of the Russian Federation: series 61 05 N 456456, issued on February 25, 2003, by the Zheleznodorozhny Regional Department of Internal Affairs of Ryazan ), acting in its own interests and on its own behalf, hereinafter referred to as the “Employee”, being guided by the agreement reached, have agreed on the following:
1. Provide the Worker, as a working woman with a child under the age of one and a half years, two additional breaks for feeding the child for 30 minutes each.
2. Additional breaks established by clause 1 of this Agreement shall be transferred, summed up, at the end of the working day with its corresponding reduction.
3. Additional breaks established by clause 1 of this Agreement shall be paid on the basis of the average salary of the Employee.
4. Term of this Agreement:
- beginning - 01.06.2009;
- end - 03/15/2010 (the child reaches the age of one and a half years).
The agreement was made in Ryazan on May 29, 2009 in two copies: one for each of the Parties. Both copies of the Agreement are identical and have the same legal force.

Details of the parties

Employer Employee
LLC "Lily" Arbatova Galina Sergeevna
INN 6234044582 KPP 623401001 Passport: Series 61 05 N 456456,
PSRN 1056204566456 issued February 25, 2003
Address: 390000, Ryazan, ul. Marine, Ryazan Railway District Department of Internal Affairs
1, off. 5 Registered at:
Account 40702815500000000456 390012, Ryazan, ul. Ostrovsky,
Ltd. SERVISBANK Ryazan d. 15, apt. eight
c / a 30101810000000000111 BIC 046126111
Bulanov I.V. Bulanov Arbatova G.S. Arbatov

Note that the breaks for feeding a child, stipulated by the labor legislation, when calculating the average earnings are included in the calculation period (subclause “a” p. 5 of the Provision on the features of the procedure for calculating the average salaryapproved by the Decree of the Government of the Russian Federation dated December 24, 2007 N 922). At the same time, if we talk about benefits for temporary disability and for pregnancy and childbirth, the period of saving the average wage for an employee is not included in the billing period (subclause “a” p. 8 of the Provisions on the specifics of the procedure for calculating benefits for temporary disability, maternity and clans to citizens who are subject to compulsory social insurance, approved by the Government of the Russian Federation dated June 15, 2007 N 375).

reference
For tax accounting purposes, the cost of paying for additional breaks for feeding a child as provided by law:
for the purposes of calculating the income tax are included in labor costs (clause 7 of Article 255 of the Tax Code of the Russian Federation);
are subject to unified social tax (clause 1 of article 236 of the Tax Code of the Russian Federation, letter of the Ministry of Finance of the Russian Federation of 05/08/2007, N 03-04-06-02 / 97)
are subject to pension contributions (clause 2 of article 10 of Federal Law of 15.12.2001 N 167-ФЗ “On Mandatory Pension Insurance in the Russian Federation”);
are subject to personal income tax (clause 1 of article 209, paragraph 1 of article 210 of the Tax Code of the Russian Federation);
are subject to contributions for compulsory insurance against industrial accidents and occupational diseases (Article 20 of Federal Law No. 165-FZ of July 16, 1999 “On the Principles of Compulsory Social Insurance”).

Other features of labor of working moms

Women with children under the age of one and a half years, the test when applying for a job is not installed (Art. 70 TK RF).
At the same time, mothers with children under the age of three may be brought into the work at night only with their written consent and provided that such work is not prohibited for health reasons in accordance with the medical certificate. According to Art. 96 and art. 259 of the Labor Code of the Russian Federation, such women must be in writing acquainted with their right to refuse such work. Here we are talking about the corresponding mark on the order (notification) or a separate receipt (statement) of familiarization (see Examples 7-9).
In a similar order, women with children under the age of three:
- are involved in overtime work (Art. 99 of the Labor Code of the Russian Federation);
- are attracted to work on weekends and non-working holidays (Art. 113 of the Labor Code of the Russian Federation);
- sent to official travel (Art. 259 of the Labor Code of the Russian Federation).

General Director of LLC "Dolka"
Astakhov I.N.
courier Kiryanova N.S.

Statement

I, Natalya S. Kiryanova, have been acquainted with my right to refuse to be involved in night work in accordance with Articles 96 and 259 of the Labor Code of the Russian Federation.

Limited Liability Company AvtoMarket

The economist
Ilina Natalia Anatolyevna

Dear Natalia Anatolyevna, we inform you that, in accordance with Articles 96, 99, 113, 259 of the Labor Code of the Russian Federation, women with children under the age of three years can only be employed with their written consent and, if work is not prohibited for health reasons in accordance with a medical certificate in the following cases:
- work at night;
- overtime work;
- work on weekends and non-working holidays;
- direction to official travel.

Director V.V. Potapov Potapov

With the notification of the right to refuse to attract a job I have read:
Ilyina N.A. Ilyin May 25, 2009

General Director of Antoshka LLC
Smirnov V.V.
manager N. Terekhova

Consent for recruitment at night

I inform you that I agree to be invited to work at night on May 25, 2009. I am acquainted with the right to refuse to be invited to work at night.

It should be noted that the termination of an employment contract with women with children under the age of three years is not allowed by the employer. The exception, according to Art. 261 of the Labor Code of the Russian Federation, constitute only the following cases:
- liquidation of the organization or termination of activity by an individual entrepreneur (paragraph 1 of article 81 of the Labor Code of the Russian Federation);
- repeated non-execution by an employee without valid excuses of labor duties, if he has a disciplinary action (clause 5 of Article 81 of the Labor Code of the Russian Federation);
- a single gross violation by an employee of his job duties (clause 6 of article 81 of the Labor Code of the Russian Federation);
- the commission of guilty actions by an employee who directly serves monetary or commodity values, if these actions give rise to loss of confidence in him on the part of the employer (clause 7 of article 81 of the Labor Code of the RF);
- commission by an employee performing educational functions of immoral misconduct incompatible with the continuation of this work (clause 8 of Article 81 of the Labor Code of the Russian Federation);
- the use of methods of education associated with physical or mental violence over the personality of the student, pupil (Section 2, Art. 336 of the Labor Code of the Russian Federation);
- a single gross violation by the head of the organization (branch, representative office) and his deputies of their work duties (clause 10 of article 81 of the Labor Code of the Russian Federation);
- the employee represents to the employer false documents at the conclusion of an employment contract (clause 11 of article 81 of the Labor Code of the Russian Federation).
Note that the guarantees and benefits provided to women in connection with maternity apply to fathers raising children without a mother, as well as to guardians (custodians) of minors. It is about limiting work at night and overtime work, attraction to work on weekends and non-working holidays, sending to business trips, granting additional vacations, establishing preferential labor regimes and other guarantees and benefits established by laws and other regulatory legal acts (Art. 264 of the Labor Code of the Russian Federation).

Incomplete is considered to be working time, the duration of which is less than the established norm. For those working under normal working conditions, the working time is 40 hours per week. At the request of the mother of the child raising the minor child, the employer is obliged to set her part-time work.

Part-time work may vary:

Part-time work. With incomplete working days, the duration of working days (shifts) is reduced by a certain number of hours. For example, instead of an 8-hour working day with a five-day working week, a worker can work five days a week for 4 hours.
Part-time work week. In the case of an incomplete working week, the number of working days per week is reduced, but the established working hours are maintained. For example, instead of five working days a week, a woman can work three days a week for 8 hours.
A combination of both. In this case, both the duration of the working week and the working day decrease simultaneously.

Can an employer refuse a young mother to establish part-time work?

No, he can not. Article 93 of the Labor Code of the Russian Federation states that the employer is obliged to establish part-time work at the request of one of the parents who has a child under the age of 14 (a disabled child under the age of 18). Therefore, if the employer received an application from a young mother asking for part-time work, she must satisfy her request.

Will part-time work affect salaries?

Yes. Wanting to exercise her right, a female employee should remember that this will affect her salary. The employer will pay for her work in proportion to the time worked or depending on the amount of work done.

Does part-time work affect salaries?

During part-time work, a young mother has labor rights on a par with other employees. In particular, she is entitled to full annual paid leave, work time is counted in the work record as full working time, weekends and holidays are provided in accordance with labor laws. A record of part-time work is not made in the workbook.

What needs to be done to work part-time?

If you decide to work part-time, write a statement addressed to the head of the organization. In the application state:

desired working hours
the date you want to work part time
the period of part-time work: for example, until the child reaches a certain age; add that part-time work can be set and without limitation

The application must be accompanied by a certificate from the workplace of the second parent that he works full time (after all, the employer is obliged to establish part-time work only at the request of one of the parents).

Part-time work for a worker on maternity leave

According to part 3 of article 256 of the Labor Code of the Russian Federation, a woman can work part-time while on child-care leave. That is, until the child reaches the age of three, the young mother can work at the same time and is on vacation. In this case, in addition to the salary, she will receive childcare benefits.

For women with children under the age of 14, the question of an incomplete working day is relevant. Mothers often cannot fully discharge their duties if they have to care for a child and relatives do not help. Settling or returning to workplace, they wonder if it will be possible to shorten the duration working day. In the Labor Code of the Russian Federation, it can be found that there are benefits for women with children under the age of fourteen. Consider what a working mom can expect.

About the benefits

For certain employees, benefits are provided that allow you to perform work duties without harm to health and damage to lifestyle. Special conditions are established for those people who, due to circumstances, cannot work under general conditions. These include a working woman with a child, especially under the age of 3 years.

The following benefits are distinguished:

impossibility to involve in processing;
the right to demand part-time work;
holiday to care for the child;
advantages in admission and dismissal.

There may be other benefits if the woman is working in harmful conditions. In more detail this question should be considered depending on the situation. Highlight those benefits that can be obtained in the presence of a child.

Part time

Due to lack of time, a woman may need to move to part-time or week. She has the right to demand the same from the employer during employment or after it due to the child’s illness. In the event that children are under 14, the manager must agree to these conditions. When a child has a disability, it is possible to apply for part-time until he is 14 years old.

This rule applies to those women who are currently pregnant. They are required to approve part-time. As for other employees, the shortened day applies only if the boss agrees. But he can refuse, if the conditions are not satisfied.

Important! Shorter working hours for women are paid depending on the hours actually worked. Wages are less than the standard rate.

The Labor Code says nothing about how many hours you can reduce as much as possible. You can reduce it at any time, but this issue should be discussed with the head. Than less woman labor, the lower wages.

With regard to the annual leave and seniority, in this case, the shortened day does not affect. The woman has the same rights as the other employees, and the difference is only in wages.

An employee with children under 1.5 years old needs not only a lunch break, but also a rest for feeding the child. Its duration must be at least 30 minutes. If there are two or more children at this age, the break will be at least an hour. This time is provided every 3 hours of continuous activity.

Overtime and harmful working conditions

There are benefits for women who have children under 3 years old or under 14 years old. They can claim a partially reduced day and work on special conditions. They should not be forced to work overtime, at night and on weekends, they should not be sent on a business trip. However, these rules apply only to those mothers who have a child under three years old, or a woman is currently pregnant.

Exceptions are cases when a woman herself agrees to work overtime. Then she would need to subscribe, that attracted at her request, and she knew about the possibility of failure. In this case, she can work overtime and get extra money for it.

When a mother brings up children alone, the benefits are granted until the child is 5 years old. There will also be restrictions on labor on a rotational basis.

There are restrictions that apply to hazardous working conditions. Given the fact that they may have a bad effect on health, an employee cannot be allowed to participate in certain types of activities. For example, it is not allowed to clean tanks from oil products or to work underground, if this is due to heavy loads. You can take the place of a doctor or engineer. A complete list should be found in the Decree of the Government of the Russian Federation No. 162.

Maternity and childcare leave

Every officially employed woman has the right to take sick leave for pregnancy and childbirth. It is provided from the 30th week of carrying the fetus, however, it is possible to leave to prepare for the appearance of the baby to the world later. In a typical situation, the hospital is 140 days - 70 days before delivery and 70 after. When a woman works, for example, up to 35 weeks, her period after the birth of the child will not be extended.

After the mother can take leave to care for the child, if it deems it necessary. This period will go to the total length of service, will pay wages. The rest lasts until the baby is 1.5 years old. However, if you wish, you can extend to three years.

The right to additional leave without wages is granted to single mothers who raise minors, as well as women with two or more children under 14 years of age. The rest of the additional leave is given by agreement of the parties. A woman can also receive annual leave on a schedule as soon as the child care period ends.

There is no need for everyone to take a vacation, and you can immediately go to work after a hospital, getting a higher salary. But if the employee feels the need for leave to care, the employer will not be able to refuse it.

Admission to the company and dismissal

Mothers have advantages when they get a job or are reduced. They can not set a trial period and refuse employment because of pregnancy or having a child. If these laws are violated, a woman can complain to the Labor Inspectorate, and the state will side with her.

The government protects mothers from losing their jobs during pregnancy and maternity leave. They cannot be reduced at this time, an exception is the liquidation of the organization. Even when a woman returns to duties, it is not easy to reduce her if children are under 14 years old.

But there are reasons when this is possible:

liquidation of a company;
repeated failure to perform work duties without good reason;
inconsistency of the position held, inability to perform duties due to health;
gross violation of the terms of the employment contract;
the fact of theft, destruction of valuable property, because of which trust was lost on the part of the employer;
the use of fake documents in employment.

Only at the request of the employer an employee with a child cannot be dismissed - a compelling reason from among those listed will be required. The reduction should take place according to the rules, otherwise it can be challenged through the court. It is necessary to fix the fact of violation, if because of him a person loses his job. You will also need to be notified of the impending dismissal and its grounds. Then the worker will not have reasons to challenge the dismissal that occurred according to all legislative rules.

Attention! Due to recent changes in legislation, legal information in this article could be outdated!

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