- not always in the interests of the employer. A pregnant woman needs special working conditions, registration of social benefits.

Today, it often happens that the employer finds several reasons for the expectant mother to no longer work in his organization. How possible is the realization of the wishes of the leaders, and will the dismissal be legal? It is worth looking into in more detail.

Possible reasons for the dismissal of employees

According to the Labor Code of the Russian Federation, termination can be made by the employer on the basis of Art. 81.

These grounds can group in the following way:

  1. Guilty actions of the employee. This includes repeated failure to perform duties by an employee, being late for more than 4 hours, violations of labor protection requirements that entailed a threat to others and the property of the organization, etc.
  2. Inconsistency in the skill level of the employee, identified by the results of certification.
  3. , change of ownership.

The reasons for the dismissal of an employee can also be established not only on the basis of the Labor Code, but also on other federal laws.

Can an employer use all of the above circumstances in its favor to fire a pregnant woman?

Reasons for the legal dismissal of a pregnant woman

It is worth clarifying the fact that every pregnant woman has the right, but in this case she will not receive money for, she will lose additional payments that are accrued by the social fund, only to working women.

The amount of the monthly childcare allowance for the unemployed is calculated depending on. Workers receive it as a percentage of s, which is often an order of magnitude more. If the employer forces the employee to write a letter of resignation of her own free will, this should never be done.

The Labor Code does indeed contain a number of articles that provide for and allow an employee to be fired, regardless of its position:

  • The term of the employment contract has ended. In the case of such a situation, a woman is not left without the support of the state. There is an exception for pregnant women.
    In the event that a woman was employed in the place of another employee, at the time he entered the workplace, the employer is obliged to provide vacancies for those suitable for the qualification level of the pregnant woman and taking into account her state of health. If there are none or the employee refuses to take them, then it will be legal to dismiss the employer in accordance with Art. 77 of the Labor Code of the Russian Federation, paragraph 2.
  • Changing the terms of an employment contract (Article 77 of the Labor Code of the Russian Federation, clause 7) and refusal to transfer to another locality (Article 77 of the Labor Code of the Russian Federation, clause 9) can also serve as a reason for the dismissal of a pregnant woman. The transfer of the organization's activities to another locality, a change in technical working conditions or organizational issues - all these factors can become a reason for terminating an employment relationship.
    If the working conditions of the expectant mother change so much that they cannot be satisfied with her capabilities, all possible measures should be taken to continue the employment relationship. Transfer to another position is also appropriate here.
  • Circumstances beyond the control of the parties to the contract. Liquidation of the organization, termination of the activities of individual entrepreneurs, reductions, change of ownership.

Indeed, the closure of the enterprise can serve as a reason for dismissal on legal grounds. But here it is worth taking into account the fact that the date of dismissal should be the date the enterprise was excluded from.

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Reasons not leading to dismissal

Often, unscrupulous employers who do not want to associate their business with pregnant women intimidate them with dismissal with a negative entry in. It is important for everyone to know that in no case can he do this.

Dismissal due to absenteeism, disciplinary violations, probation, guilty actions of the employee - all these are not reasons for terminating the employment contract.

Regarding these violations on the part of a pregnant employee may be appointed:

  • disciplinary action;
  • deprivation of premiums;
  • fines, etc.

The nuances of firing a pregnant employee

Although the options for termination of employment have already been considered, it is worth considering a few more situations in relation to which dismissal can still occur.

An employee arranged according to is vulnerable.

Dismissal can only occur on the basis of two factors:

Before informing the employer about her situation, every pregnant woman needs to register with the antenatal clinic and receive a proper certificate there.

If the employer is aware with the presentation of a certificate, then even the expiration of a fixed-term employment contract cannot cause a break in the employment relationship. Even if the term of the contract has expired, a woman who has provided a certificate from the antenatal clinic about her situation can write an application addressed to the head of the organization to extend the term of the contract. To which the organization is obliged to extend the validity until the end of the pregnancy.

The organization may require periodic confirmation of the position of an employee no more than once every three months. On the day the maternity leave ends, the employment contract ceases to be valid.

Finding a pregnant woman also cannot be a reason for dismissal.

The Labor Code of the Russian Federation establishes that the duration of the probationary period cannot exceed three months. In the event that an employee informs her employer of the pregnancy, the probationary period is automatically terminated and the employment contract becomes permanent. It is worth clarifying again that in order for the employer to establish the position of his employee, you need to provide a certificate. Otherwise, he can fire her without breaking the law.

The dismissal of a working pregnant employee is also impossible. Calculation of payment during maternity leave, as well as other social benefits, is made in the organization, which is the main place of work.

A woman who is expecting the birth of a child and who is a temporary worker in an organization cannot be dismissed at the initiative of the employer. She was hired on a fixed-term contract. Dismissal can occur only if there are no vacancies in the organization or any other options offered by the employer to the employee did not suit her.

Features of the dismissal of a pregnant woman at her own request

Like any other employee, a pregnant woman has the right to express a desire to quit or change jobs. Laws do not restrict women in this. The procedure is similar to the dismissal of an employee out of position.

But there are situations when the employer does not allow the employee to quit of her own free will. Such cases are much less than forced to dismiss, but still they are present. So, what should a woman do who does not want to strain during this period or just change jobs? How legit refusal of the employer to dismiss?

In order to ensure a more accurate communication of information to the employer, you need to draw up. Circumstances may require immediate dismissal, without working off, here it is imperative to indicate the reasons. The employer can only refuse to dismiss without working off, otherwise there are no legal grounds for retaining an employee. Otherwise, if the employer threatens not to pay the calculation or by other methods, you need to contact law enforcement agencies.

Getting fired no matter what

Situations where an employer, not embarrassed to break laws and not afraid of retribution, nevertheless fire a woman for her peculiarity, still occur quite often. What to do in this case, a pregnant woman and where to turn for help?

There are many options and a woman will not be left without protection.

If, nevertheless, the woman was fired, then the inevitable will be trials. Place to go:

  1. Labor inspection of the region or city. Here you can both write a complaint and get legal advice. They will help you compose.
  2. The court located in the area where the employer's organization is legally registered.
  3. Lawyer of the antenatal clinic, where a pregnant woman is registered.

For a more successful outcome of the case, a woman planning to sue her employer should provide as much evidence in her favor as possible: documents, photocopies, bring witnesses, etc.

Husband and pregnancy

European countries have long been practicing maternity leave not for moms, but for dads. In Russia, such a trend is hardly noticeable, but still, every man, in accordance with the law, has every right to receive child care benefits for the entire period of maternity leave. Dismissal, without the consent of the man, at the initiative of the employer is also impossible. In general, all the rights that protect pregnant women apply in this case to the baby's dad.

It is possible to use parental leave by dividing it into parts between the parents.

The rights of a person preparing to move to another stage of his life must be respected at the best level, and in case of their violation, protection must act decisively.

Features of the procedure for dismissal of a pregnant employee are discussed in the following video:

Dismissal of a pregnant woman women by terminating the employment contract at the initiative of the employer is not allowed (Article 261 of the Labor Code of the Russian Federation). However, the employer may initiate her dismissal in the event of the liquidation of the organization or enterprise or when the individual entrepreneur ceases to operate.

Also, article 261 of the Labor Code of the Russian Federation contains the only situation in whichMaybe dismissal of a pregnant woman women from an existing organization: if a fixed-term employment contract was concluded with her to perform the duties of a temporarily absent employee and the term of this contract has expired. If the employer cannot, with the written consent of the employee, transfer her before the end of pregnancy to another available job (both to a vacant position or job corresponding to the qualifications of the employee, and to a vacant lower position or lower-paid job), which the woman can perform taking into account her state of health - in this case, her dismissal is justified.

As for fixed-term employment contracts concluded on other grounds (not for the performance of the duties of a temporarily absent employee), herethe following rules apply. If such an agreement expires during pregnancy, the employer is obliged to extend it until the end of the pregnancy.

If a woman actually continues to work after the end of pregnancy, the employer has the right to issue dismissal of a pregnant woman women in connection with the expiration of its validity within a week from the day when he learned about the fact of the end of the pregnancy. Or from the date of submission of a certificate of pregnancy.

If the employer commits gross violations - an unreasonable refusal to hire or dismissal of a pregnant woman women, then such a leader, as well as an individual entrepreneur -can be prosecutedunder Art. 145 of the Criminal Code of the Russian Federation. In addition, a fine of up to 200 thousand rubles may be imposed. or in the amount of wages (other income) for a period of up to 18 months. In addition, you can be involved in compulsory work for a period of 120 to 180 hours.

fire a pregnant woman on the initiative of the employer, it is possible only in two cases: if the organization is liquidated or the activity of an individual entrepreneur is terminated. At the same time, we can talk about liquidation in relation to the provisions of Article 61 of the Civil Code of the Russian Federation, according to which the liquidation of a legal entity entails its termination without the transfer of rights and obligations by succession to other persons.

At the same time, according to part 4 of article 81 of the Labor Code of the Russian Federation pregnant women can be fired from representative offices or branches of legal entities or other separate structural divisions located in another area. This rule is an exception to the general rule that dismissal under paragraph 1 of Article 81 of the Labor Code of the Russian Federation can be made only in the event of liquidation of the organization, that is, the legal entity as a whole, since Part 4 of Article 81 of the Labor Code of the Russian Federation allows termination of the employment contract in case of liquidation of only separate subdivisions of a legal entity that do not have independent employer legal personality in relation to employees, they have the right to hire and dismiss only within the limits established in the power of attorney issued in accordance with Article 55 of the Civil Code of the Russian Federation. At the same time, the legal entity itself remains and continues to operate.

A pregnant woman can quit by agreement of the parties (clause 1 part 1 s. 77 of the Labor Code of the Russian Federation). In accordance with the law, an employment contract concluded for both a fixed and an indefinite period can be terminated at any time if its parties - the employee and the employer - come to an agreement on this. The law does not provide for any procedures that must be performed by the parties upon termination of the employment contract on this basis (neither warning the parties, nor the payment of severance pay, etc.). It is important to determine the day of dismissal (the last day of work), that is, the day that will be indicated in the dismissal order and on which theemployment historyand made a full calculation.

In the event that a special procedure for terminating an employment contract by agreement of the parties is provided for in the contract itself, it must be performed by the parties.

Sometimes employment contracts include a condition on the payment of certain amounts to the employee upon termination. These amounts must be paid by the employer without fail.

However, employers should be aware that a woman who signs such an agreement can challenge it in court. If she can prove that the agreement was signed under pressure from the employer, she will be reinstated.

It is possible to terminate an employment contract with pregnant woman at the expiration of a fixed-term employment contract (clause 2. part 1. article 77 of the Labor Code of the Russian Federation). In this case, the employer must prove the validity of the conclusion of such an agreement.

The procedure for terminating a fixed-term employment contract, provided for in Article 79 of the Labor Code of the Russian Federation, must be observed. If it is not observed, then the dismissal of the employee may be recognized as having been carried out in violation of the established procedure and, as a result, he may be reinstated at work.

Wherein pregnant woman may take advantage of the guarantee granted to her by Art. 261 of the Labor Code of the Russian Federation. Thus, in the event of the expiration of a fixed-term employment contract during a woman's pregnancy, the employer is obliged, upon her written application and upon presentation of a medical certificate confirming the state of pregnancy, to extend the validity of the employment contract until the end of pregnancy. A woman whose employment contract has been extended until the end of pregnancy is obliged, at the request of the employer, but not more than once every three months, to provide a medical certificate confirming the state of pregnancy. If at the same time the woman actually continues to work after the end of pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day when the employer found out or should have found out about the fact of the end of pregnancy.

It is allowed to dismiss a woman due to the expiration of the employment contract during her pregnancy, if the employment contract was concluded for the duration of the performance of the duties of the absent employee and it is impossible, with the written consent of the woman, to transfer her before the end of pregnancy to another job available to the employer. Upon dismissal due to the expiration of the employment contract, the employee may demand leave with subsequent dismissal.

Also, a possible basis for dismissal is dismissal of one's own free will (clause 3 of part 1 of article 77 of the Labor Code of the Russian Federation).

Refusal of the employee to continue work in connection with a change in the owner of the property of the organization, with a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of the Labor Code of the Russian Federation) - clause 6, part 1, art. 77 of the Labor Code of the Russian Federation is another reason for dismissal. However, the change of ownership does not imply the termination of employment contracts concluded with employees. As an exception to the general rule, one should consider the possibility of terminating employment relations with the head of the organization, his deputies and the chief accountant (see also paragraph 4 of part 1 of article 81 of the Labor Code of the Russian Federation), which can be made by the new owner of the organization's property no later than three months from the date of his possession.

However, art. 75 of the Labor Code of the Russian Federation provides that in the event of an employee’s refusal to continue working due to a change in the owner of the organization’s property, the employment contract is terminated not at the employee’s own request, but according to paragraph 6 of part 1 of Art. 77 of the Labor Code of the Russian Federation - refusal to continue work in connection with a change in the owner of the organization's property, expressed in writing. Theoretically, a pregnant woman can declare her disagreement to continue working for a new owner. Accordingly, in this case, the employment contract with her will be terminated.

The grounds for dismissal may be the employee's refusal to continue working in connection with a change in the terms of the employment contract determined by the parties (part 4 of article 74 of the Labor Code of the Russian Federation) - clause 7 of part 1 of art. 77 of the Labor Code of the Russian Federation. As a general rule, embodied in Art. 72 of the Labor Code of the Russian Federation, changing the terms of the employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation.

Article 74 of the Labor Code of the Russian Federation established an exception to the general rule on the immutability of working conditions, fixed by an employment contract. So, for reasons related to changes in organizational or technological working conditions, it is allowed to change the terms of the employment contract determined by the parties at the initiative of the employer (i.e., unilaterally) while the employee continues to work without changing the labor function. In this case, the consent of the employee to change such conditions is not required.

It should be borne in mind that any conditions, both mandatory and additional, can change, with the exception of the condition on the labor function.

The refusal of an employee to transfer to work in another locality together with the employer (part 1 of article 72 of the Labor Code of the Russian Federation) is also the basis for dismissal. The law provides for the possibility of transfer to work in another locality together with the employer. Such transfer is allowed only with the written consent of the employee. If an employee, including a pregnant woman, refuses to be transferred to another locality together with the employer, the employment relationship with him may be terminated under paragraph 9 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

Dismissal of a pregnant woman, contrary to the prevailing stereotype, is not always the result of coercion by the employer. There are also a number of objective reasons why the continuation of labor relations with a pregnant employee becomes impossible.

Is it possible to shorten a pregnant woman?

Pregnancy is a happy time for a woman, but the interests of the future mother do not always coincide with the interests of the employer. An employee in a position requires special treatment, she is entitled to payments, paid leave, easier working conditions ... In some cases, the continuation of an employment relationship becomes unacceptable to the parties.

The employer experiences the greatest difficulties, therefore it is he who most often seeks to break the employment contract. But the possibilities of the employer are limited by law, since most of the ways of dismissal in the event of an employee's pregnancy are prohibited. Most - but not all, and the expectant mother needs to know about those cases when the dismissal of a pregnant woman is allowed.

It is conditionally possible to divide all options related to the dismissal of a pregnant woman into 3 types:

  • dismissal at the initiative of the employer;
  • dismissal at the initiative of the employee;
  • dismissal due to a number of circumstances that are external in relation to the parties to the employment contract.

Let's consider all 3 types separately.

Is it possible to lay off a pregnant woman at the initiative of the employer?

Article 81 of the Labor Code of the Russian Federation provides a list of grounds for the dismissal of employees at the initiative of the employer. But only 1 point out of 14 is valid for the dismissal of a pregnant woman - this is the liquidation of an organization or the termination of the activities of an individual entrepreneur. Dismissal on any other ground provided for in Article 81 will be unlawful. In the event that the employer is an individual, the dismissal of the expectant mother at the initiative of the employer, according to the Labor Code of the Russian Federation, is impossible in any case.

Don't know your rights?

Important! The date of liquidation of the organization is the date of its exclusion from the Unified State Register of Legal Entities, and not the date of commencement of bankruptcy proceedings. Thus, until the end of bankruptcy proceedings, pregnant workers cannot be dismissed.

Women who are forced to write a letter of resignation of their own free will, threatening to make an “ugly” entry in the work book, should know: it is impossible to fire a pregnant employee at the initiative of the employer even because of absenteeism, disciplinary sanctions, inappropriate position or theft.

The same rules will apply to an employee who is on probation. As soon as the employer is notified of the woman's pregnancy (this will require registering for pregnancy and submitting an appropriate certificate from a medical institution), the probation period ends and all the provisions of the Labor Code of the Russian Federation that protect her begin to apply to the woman (see. When and how should I register for pregnancy?).

Important! The main guarantees relating to working pregnant women are given in articles 93, 253-261 of the Labor Code of the Russian Federation.

Is it allowed to dismiss a pregnant woman at her own request?

There is a possibility of dismissal of a pregnant woman of her own free will, although there is a misunderstanding of the legislation in this case. Some organizations, knowing how suspicious labor inspectors are in such cases, try to avoid firing an employee. Indeed, if a woman later declares that she was forced to write a statement, the labor inspectorate will take her side.

Nevertheless, the dismissal of a pregnant woman of her own free will is possible on a general basis, including the possibility of granting leave with subsequent dismissal. In the latter case, however, a situation may arise in which, during the next vacation, a pregnant woman will have maternity leave.

If during a vacation with subsequent dismissal a pregnant woman takes maternity leave, then the next vacation is extended for a period of temporary disability, and the sick leave is submitted for receiving benefits to the organization that is the employer. Only after the end of the maternity leave, as well as the next leave, the woman is considered dismissed.

At the request of a pregnant woman, she can also be fired in the order of transfer (Article 77 of the Labor Code of the Russian Federation, paragraph 5) or in connection with a change in the owner of the organization's property (Article 77 of the Labor Code of the Russian Federation, paragraph 6).

Dismissal of a pregnant woman under a fixed-term employment contract and other unavoidable circumstances

There are situations when the dismissal of a pregnant employee is provided for by an employment contract or must occur due to the prevailing circumstances. These situations include:

  1. Expiration of the labor contract (Article 77 of the Labor Code of the Russian Federation, clause 2)
  2. Legislation in this case gives expectant mothers special guarantees, however, in some cases, dismissal is still possible. Normally, the expiration of an employment contract is the basis for terminating an employment relationship, but in the case of a woman in a position, there is one exception.

    If the parties consider the employment relationship to be exhausted, then it ends in the usual manner. But at the request of a pregnant woman, the employer is obliged to extend the employment contract with her until the end of the pregnancy, even if it is urgent.

    To do this, a woman needs to write a statement and submit a document (certificate from the medical institution in which the woman is observed) confirming the fact of pregnancy. Subsequently, such a certificate will need to be submitted to the employer at his request (but not more than 1 time in 3 months). After the end of the employee's pregnancy, the employer has the right to terminate the contract within 7 days from the moment he was made aware of this fact.

    Important! If a pregnant employee performed the duties of a certain employee, then when this employee enters work, the employer can offer her all the vacancies that the company has, corresponding to the employee’s qualifications and her state of health. If there is no suitable vacancy or the employee refuses to take it, the employer has the right to fire her.

  3. Changing the terms of an employment contract (Article 77 of the Labor Code of the Russian Federation, clause 7) and refusal to transfer to another locality (Article 77 of the Labor Code of the Russian Federation, clause 9)

    A change in the terms of an employment contract, including a transfer to another locality, can also become the basis for terminating an employment relationship with a future mother. If the organization transfers its activities to another place or the technical or organizational working conditions have changed so much that they no longer satisfy the capabilities of a pregnant employee, then this is the basis for terminating the employment relationship.

    What will happen if the organizational or technological process at the enterprise changes so much that the position in which the expectant mother works is reduced or the working conditions are incompatible with her position? In this case, the woman must be offered every opportunity to continue the employment relationship with the employer, including the transfer to another position. If they are not found or none of them fit, the employment contract will be terminated.

  4. Other circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation)

    The Labor Code of the Russian Federation provides for a number of circumstances in connection with which the dismissal of a pregnant woman may occur. Among them:

    • reinstatement of the employee by a court decision at the previous place of work;
    • recognition of the employee as completely incapable of continuing work;
    • disqualification or expiration of permits or licenses, if they are required for the performance of official duties, and so on.

      These circumstances are not the initiative of the employer and may serve as a reason for dismissal, however, for a number of reasons, the employer is obliged to offer the employee the possibility of transferring to another position available for execution.

Thus, the Labor Code of the Russian Federation provides the employer with a fairly large list of grounds for dismissing a pregnant woman in cases where this is really justified and has no alternative solution.

The general procedure for interaction between an employer and a pregnant employee is prescribed in the “Peculiarities of regulation of the labor of women, persons with family responsibilities”. It contains guarantees for pregnant women in terms of vacations, business trips, overtime work and dismissal. In particular, it states that termination of an employment contract with a pregnant woman at the initiative of the employer is not allowed. Action h. 1 Art. The Labor Code of the Russian Federation applies to all women, including heads of organizations, athletes, coaches, civil and municipal employees - those whose work is regulated by special labor law rules (clause 26 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1).

The only possible exception is formulated in the same Art. Labor Code of the Russian Federation: it is possible to dismiss a pregnant woman at the initiative of the employer only in the event of the liquidation of the organization or upon termination of activity by an individual entrepreneur. It would seem that everything is correct: pregnant women cannot be fired. However, in practice, employers find legitimate ways to part with such employees.

Dismissal by one's own or by agreement of the parties - what to choose?

Labor legislation does not in any way restrict a pregnant employee in the right to part with the employer on her own initiative. And for the leader, this is a chance to resolve the issue peacefully. When negotiating with the employee about such a dismissal, the manager can meet her halfway and let her go without the obligatory two-week “working off”. It is important to remember here that the employee must write a letter of resignation on her own, of her own free will, threats and coercion from the employer are unacceptable and punishable by law.

Another option to part peacefully is dismissal by agreement of the parties (art., Labor Code of the Russian Federation). At the same time, both the employee and the employer can initially act as the initiator. In this case, the employment contract can be terminated at any time determined by the parties (Article 4 of the Labor Code of the Russian Federation, clause 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation).

The employer and the employee sign an agreement where they express a mutual desire to leave, indicate the amount of payments, including compensation that the company transfers, the timing of the completion of cooperation and other conditions that are important for the parties. In this case, the employee may not write a letter of resignation, one agreement is enough.

Please note: if a woman agrees to dismissal on her own, she does not receive any additional payments, except for calculation and compensation for unused vacation.

Also, by mutual agreement, the agreement can be canceled (paragraph 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation). But the employee may refuse to fulfill the agreement unilaterally if she found out about her pregnancy after signing the agreement. This is one of those pitfalls that an employer should always be aware of.

What if the term of the employment contract has expired?

The expiration of the employment contract (clause 2, part 1, article of the Labor Code of the Russian Federation) is not the most difficult reason for dismissing an employee, but only if we are not talking about a pregnant woman. In order for the employer to be able to dismiss such an employee, two conditions must be met (part 3 of article of the Labor Code of the Russian Federation):

- an employment contract must be concluded only for a certain period - for the duration of the performance of the duties of another (absent) employee;

- transfer with her consent to another job available to the employer and not contraindicated for health reasons should be impossible.

Prior to dismissal, the manager is obliged to offer the pregnant employee another job: vacant positions that correspond to her qualifications, as well as lower positions or lower-paid work that a woman can perform taking into account her state of health.

Important! Vacancies must be located in the same locality, unless otherwise provided by the collective agreement or other internal documents (part 3 of article of the Labor Code of the Russian Federation).

If a pregnant woman agreed to one of the offered vacancies, the employer extends the validity of her employment contract until the end of pregnancy, regardless of the reason for its termination: childbirth, early miscarriage, interruption for medical reasons, etc. (part 2 of article TK RF, paragraphs 1, 3 paragraph 27 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated). A woman must confirm her pregnancy with a medical certificate at the first request of the head, but not more than once every three months.

Can a pregnant part-time worker be fired?

Another difficult case is if a pregnant woman works part-time. Often this is a temporary solution and the employer plans to hire a permanent employee for a combined position. An article of the Labor Code of the Russian Federation provides that an employer may terminate an indefinite employment contract with a part-time job when a new person is hired for this position, for whom this position will be the main one.

What to do with a pregnant woman? It is impossible to dismiss her, since labor legislation unequivocally interprets this situation as dismissal at the initiative of the employer, which means that she falls under Part 1 of Art. TK RF.

How to change the terms of the contract with a pregnant woman?

The prohibition to terminate an employment contract with pregnant employees, established by Part 1 of Art. The Labor Code of the Russian Federation applies to cases of dismissal at the initiative of the employer. The unwillingness of the employee to continue working in the organization, because the terms of the employment contract have changed (clause 7, part 1, article of the Labor Code of the Russian Federation), does not apply to such cases. However, the employer must be ready to prove that organizational or technological changes were necessary and the new working conditions did not worsen the situation of the employee. The absence of such evidence makes the dismissal under paragraph 7 of part 1 of Art. The Labor Code of the Russian Federation is illegal (clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).

We already wrote in detail about the procedure for amending the employment contract in ours. We only add that the procedure is the same for all employees without exception.

Are pregnant women subject to layoffs?

Reducing the staff of the organization is the initiative of the employer, which means that the dismissal of a pregnant woman on this basis is impossible, such errors are punishable by fines in accordance with Part 1 of Art. Code of Administrative Offenses of the Russian Federation. In addition, for the unjustified dismissal of a pregnant woman, Art. The Criminal Code of the Russian Federation provides for criminal liability.

What if the company is liquidated?

This is the only reason for dismissal of a pregnant employee if the initiative comes from the employer. And in this matter, the procedure will not differ in any way from the dismissal of other employees.

If the organization plans to curtail its activities, it is obliged to inform all its employees about this two months in advance, in writing, under signature. And on the last day of their work, pay monetary compensation for all unused vacations (part 1 of article of the Labor Code of the Russian Federation), as well as severance pay in the amount of the average monthly earnings (part 1 of article of the Labor Code of the Russian Federation). Within two months (in exceptional situations - three) after the dismissal, each employee receives from the former employer an allowance in the amount of the average monthly earnings.

Important! Don't confuse closing a branch with liquidating a business. If the employer stops the work of any unit, he is obliged to offer the pregnant employee a transfer to another branch or head office.

If a pregnant woman abuses her position?

Pregnancy does not reduce the workload of an employee, does not relieve her of the need to comply with the internal labor regulations of the organization and labor legislation. If the expectant mother violates discipline, she, like any other employee, can be brought to disciplinary responsibility - announce a remark or reprimand. But it is impossible to dismiss such an employee, even if we are talking about a repeated / gross violation of labor discipline: absenteeism, lateness, failure to perform work duties, etc.

And this is the very case when the employer can find himself in a hopeless situation. The only measures of influence that are available to him are a remark and a reprimand. In order to hold the pregnant woman liable, it is necessary to fix the violation, obtain a written explanation from the employee (or draw up an act of refusal of explanations with the signatures of three witnesses), assess the severity of the misconduct and its circumstances, and only then determine the type of punishment, issue an order.

In addition, absenteeism and serious delays without good reason can be entered by a personnel specialist in the time sheet, then this will affect the violator's salary and the amount of benefits. But for this, the manager must draw up an act on the absence of an employee at the workplace in a timely manner, in the presence of witnesses. And do this for each of the absenteeism.

We do not urge you to look for loopholes in the law in order to part with a pregnant employee. We tell you: yes, there are options to do it legally and peacefully, but be extremely careful. After all, in the case of unjustified dismissal of a pregnant woman, the employer faces liability up to and including criminal liability. Negotiate with employees, look for compromises and correctly draw up all documents.

The dismissal of a pregnant woman is an almost unrealistic event, since they are reliably protected by law and their dismissal at the initiative of the employer is unacceptable. However, it is also possible to find a way out here, since the rules of the Labor Code of the Russian Federation are the same for everyone and it doesn’t matter if the employee is pregnant or not, compliance with the requirements is mandatory.

This is the termination of an employment contract by decision of one of the parties or by mutual decision in accordance with the requirements of the law.

A feature of this process is the interesting position of the employee, which is important to take into account in the event of the outcome of the initiative from the employer, in other cases, for example, by her decision, there are no differences from the standard dismissal system.

What are the rules for the dismissal of a pregnant woman - see this video:

The legislative framework

According to Art. 261 of the Labor Code of the Russian Federation, termination of the contract by a unilateral decision of the employer is impossible, the exception is the termination of the enterprise.

Dismissal under a fixed-term contract in accordance with Art. 261 of the Labor Code of the Russian Federation is also impossible, this act obliges the employer to extend the contract until the end of pregnancy.

Labor Code of the Russian Federation Article 261. Guarantees for a pregnant woman and persons with family responsibilities upon termination of an employment contract

Termination of an employment contract at the initiative of the employer with a pregnant woman is not allowed, except in cases of liquidation of the organization or termination of activity by an individual entrepreneur.
In the event of the expiration of a fixed-term employment contract during the woman's pregnancy, the employer is obliged, upon her written application and upon presentation of a medical certificate confirming the state of pregnancy, to extend the term of the employment contract until the end of pregnancy, and if she is granted maternity leave in the prescribed manner, until the end of pregnancy. such a vacation. A woman whose employment contract has been extended until the end of pregnancy is obliged, at the request of the employer, but not more than once every three months, to provide a medical certificate confirming the state of pregnancy. If at the same time the woman actually continues to work after the end of pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day when the employer found out or should have found out about the fact of the end of pregnancy.
It is allowed to dismiss a woman due to the expiration of the employment contract during her pregnancy, if the employment contract was concluded for the duration of the duties of the absent employee and it is impossible, with the written consent of the woman, to transfer her before the end of pregnancy to another job available to the employer (as a vacant position or job, corresponding to the woman's qualifications, as well as a vacant lower position or lower-paid job) that a woman can perform, taking into account her state of health. At the same time, the employer is obliged to offer her all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.
Termination of an employment contract with a woman with a child under the age of three, with a single mother raising a disabled child under the age of eighteen or a young child - a child under the age of fourteen, with another person raising these children without a mother, with a parent (other legal representative of the child) who is the sole breadwinner of a disabled child under the age of eighteen or the sole breadwinner of a child under the age of three in a family raising three or more young children, if the other parent (other legal representative of the child) is not employed relations, at the initiative of the employer is not allowed (with the exception of dismissal on the grounds provided for in paragraphs 1, 5 - 8, 10 or 11 of the first part of Article 81 or paragraph 2 of Article 336 of this Code).

Important: the responsibility of the employer for the dismissal of a pregnant woman is provided for in Art. 145 of the Criminal Code of the Russian Federation.

Dismissal on probation is carried out in accordance with the general provisions of Art. 70 of the Labor Code of the Russian Federation, however, this condition should be written in the contract before the start of an employment relationship.

Cases and grounds for this dismissal

Despite such stringent requirements that prohibit infringing on the interests of the expectant mother, there are still motives according to which it is permissible to dismiss an employee:

  1. - in this case, the rules for the full calculation of the state are the same for everyone and it does not matter whether the employee is pregnant or she is a single mother, but the employer must act according to the procedure.

Despite the fact that this dismissal is permissible only as a result of complete liquidation, and not the transfer of property rights, it is realistic to dismiss pregnant women according to the general procedure when one branch is closed.

  1. - this is also a valid option if the certification committee confirmed the manager's doubts that the employee is not competent enough. However, before dismissal, the employee must be offered all acceptable options for moving to another workplace, taking into account her position.
  2. Prolonged failure to perform work duties due to health reasons- in the Labor Code of the Russian Federation there is no designation for pregnancy as a special provision, the employee is obliged to perform her functions, and if she is on sick leave for a long time, the employer has the right to raise the issue of her dismissal. You will learn how the dismissal is carried out during the sick leave.

However, before that, he must offer her all possible options for switching from difficult working conditions, for example, if before pregnancy she worked with harmful substances or in a metallurgical shop, to an easier job while maintaining the salary.


Sample letter of resignation.
  1. In addition, it is permissible to dismiss the employee under the article, as well as other employees, since no one canceled the observance of discipline and internal regulations for her:
  • Absence from work;
  • Being at work under the influence of alcohol, drugs and other substances;
  • Violation of labor discipline;
  • immoral act;
  • Disclosure of confidential information;
  • Performing at one's own discretion actions that led to an accident, damage and other consequences.

Features of the dismissal of a pregnant woman for various reasons

Fixed-term employment contract

In the event that the contract expires with the employee, and she brings proof of her pregnancy from 12 weeks, the manager is obliged to extend the employment contract until the end of the pregnancy period.

Important: at the same time, the gestational age is not the main thing, since pregnancy also exists before 12 weeks and dismissal is already unacceptable.

But here the employer also has rights:

  • When extending the period, he has the right to request a certificate of pregnancy from the employee every 3 months;
  • He has the right to fire her within a week after giving birth.

In this situation, dismissal without extension of the term is permissible if the employee was taken to someone else's place temporarily, and this employee went to work, and transfer to another place is not possible.

By agreement of the parties

This option is possible under any set of circumstances, if both parties come to a consensus and this is documented, then the employee has the right to leave in accordance with Art. 77 of the Labor Code of the Russian Federation at any convenient time.

Labor Code of the Russian Federation Article 77. General grounds for termination of an employment contract

The grounds for termination of an employment contract are:
1) agreement of the parties (Article 78 of this Code);
2) expiration of the term of the employment contract (Article 79 of this Code), except for cases when the employment relationship actually continues and none of the parties has demanded their termination;
3) termination of the employment contract at the initiative of the employee (Article 80 of this Code);
4) termination of the employment contract at the initiative of the employer (Articles 71 and 81 of this Code);
5) transfer of an employee at his request or with his consent to work for another employer or transfer to elective work (position);
6) refusal of the employee to continue work in connection with a change in the owner of the property of the organization, with a change in the jurisdiction (subordination) of the organization or its reorganization, with a change in the type of state or municipal institution (Article 75 of this Code);
7) refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code);
8) the employee's refusal to transfer to another job, which is necessary for him in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the absence of an appropriate job for the employer (parts three and four of Article 73 of this Code);
9) the employee's refusal to be transferred to work in another locality together with the employer (part one of Article 72.1 of this Code);
10) circumstances beyond the control of the parties (Article 83 of this Code);
11) violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work (Article 84 of this Code).
An employment contract may also be terminated on other grounds provided for by this Code and other federal laws.

Of your own accord

This right is granted to all workers with obligatory notice to the employer 2 weeks in advance, while working out is obligatory for all. You will learn how to write a letter of resignation of your own free will.

But if an employee is in a medical institution on conservation, then she has the right not to work and report her dismissal remotely or through an attorney.


Grounds for dismissal at the initiative of the employer.

Employer initiative

This option is possible only in the presence of special circumstances - the closure of the enterprise, the woman's abuse of her position. Just take and make a decision to dismiss is not acceptable.

At the same time, in the process of dismissal, the employer is obliged to act in accordance with the specified points in compliance with the norms of the law.

On probation

According to the law, the abuse of the probationary period in this case is unacceptable, if the employee is in a position and she proves it, the manager is obliged to transfer her to a permanent place of work.

In general, according to Art. 70 of the Labor Code of the Russian Federation, a probationary period for a pregnant woman is not supposed, so if an employee came to the place of work and does not pass the probationary period, and subsequently brings a certificate of pregnancy, the employer does not have the right to fire her - she is obliged to provide her with the opportunity to work.

Absenteeism

Pregnant women are under the special protection of the law, it is unacceptable to dismiss them for absenteeism, in order to avoid abuse by the employer.

At least, the judges in this case are on the side of women, expressing their opinion that this is a special category of workers who need to be socially patronized.

Refusal to transfer

If an employee is offered a transfer to another position due to a special state of health, then it is necessary to keep her previous salary. But if she is not satisfied with the transfer, she has the right to dismiss at her own request or by agreement of the parties.

Company liquidation

In this case, the dismissal occurs in compliance with all stages:

  • 2 months notice;
  • Issuance of an order against the signature of the employee;
  • Preparation of documents and settlement with severance pay;
  • Issuance of documents on the day of dismissal;
  • At the same time, the employee has the right to register with the employment center and from there go on maternity leave, having received all the due payments.

Documents and registration in the labor

When a pregnant employee is dismissed, there are no differences in the paperwork, she is dismissed according to the same rules and with the execution of the same documents as other employees:

  • It is necessary to notify the employee if this is the initiative of the employer, or to receive a statement from her if the employee herself wants to leave;
  • Issue a dismissal order indicating the date, full name of the employee and due payments. The order must be signed by the head and employee;
  • Filling out an employee's personal card;
  • Making entries in a personal file;
  • Performing payment calculations;
  • It is desirable to fill out the labor one day before the dismissal, it is necessary to enter into the document, information about the dismissal on the basis of which article, and for what reason. The employee must read the record and sign the document.

Illegal dismissal

It should be remembered that the dismissal of a pregnant woman without good reason is punishable in accordance with the articles of the Criminal Code and entails a fine in the amount of 200,000 rubles or a total income for 18 months, or community service for 360 hours.

In this case, the employee will be reinstated at the workplace.

Conclusion

If you follow the law, then the dismissal of a woman in a position is possible only with her consent or decision, otherwise the employer has very few options for motivation.

What rights do pregnant women have at work and upon dismissal, you will learn in this video: