Abuse of employment rights by pregnant women as a factor affecting the safety of economic activity

Abstract

This article discusses such legal phenomenon as the abuse of employment rights in relation to maternity leave. The article analyzes the employment legislation, reveals the gaps in legal regulation of the issues of abuse of their right by pregnant employees. The author examines the most common practical instances of abuse of their right by pregnant employees: intentional withholding of information on pregnancy at the time of conclusion of an employment contract or termination of an employment contract for mercenary purposes, refusal of transferring to a position  that excludes the hazardous activities and refusal take on such position after being released from the main activity. The author underlines the inequality of positions of the employee and the employer with regards to protection from abuse of the employment contract by the opposite party. It is established that the options of the employer to protect their interests are limited, while a pregnant woman is in a more favorable legal position. The scientific novelty of this research consists in comprehensive analysis of the gaps and contradictions in legislation, as well as the decisions of the Plenum of the Supreme Court of the Russian Federation in the sphere of regulation of inequitable conduct of pregnant employees. The author offers the mechanisms for countering the abuse of rights by pregnant employees, which are based on inclusion of the norms aimed at protection of the rights and interests of the employer into the local normative acts. The author also develops a range of proposals on the improvement of legislation for the purpose of restoring the balance between the rights and interests of the parties to the employment contract.