Pregnancy and work
Question: I work in a store, I have to spend a lot of time on my feet. Now I am expecting a child and asked my superiors to be transferred to another department, where there is not much work. They refused me and even threatened: if you don’t work normally, we’ll fire according to the article. Do they have a right to this?
Answers N. Svistunova, lawyer, chief editor of the journal "Labor disputes": Not. An employer cannot dismiss a pregnant employee on her own initiative even for absenteeism, violation of labor discipline or theft at the place of work. The only case when you can be fired if the organization is liquidated. That is why unscrupulous employers often force pregnant employees (by threats or persuasion) to write a statement “on their own” or sign an agreement to terminate the contract.
If after that you go to seek the truth in court, then it is almost impossible to prove the fact of coercion.
The employer must comply with your request for transfer to another department. Write a statement addressed to the head of the organization, in which you ask for a transfer to another job, excluding the impact of adverse production factors. Attach a medical report to the application, which confirms that you cannot continue to work under the previous conditions due to pregnancy. If the employer does not have the opportunity to transfer you to another job, then he must release you from it. Moreover, he must pay all the missed business days because of this.