How pregnant women are fired. Does the employer have the right to fire a pregnant woman: legal grounds and rights of the parties

22.08.2019

In the context of the financial crisis, employers are increasingly trying to cut the wage bill. Some of them do not know the laws well, others simply want to get around them. Many leaders are wondering whether it is possible to fire a pregnant woman and how to do it. The same problems concern expectant mothers. Although this category of employees is under the special protection of the Labor Code, bosses still find loopholes in the law to say goodbye to pregnant women. This article is for those who want to fire their expectant mother, but do not know how to do it.

Provisions of the law

We note right away that it is almost impossible to fire a pregnant worker without breaking the law. The Labor Code provides serious social protection to motherhood. Namely, Article 261 of the Labor Code states that, at the request of the employer, termination of labor relations with women in a situation is unacceptable. Even if the employment contract is urgent. It is necessary for a pregnant woman to write an application for its extension, and the boss is obliged to continue the labor relationship until the expectant mother gets maternity leave. The physical condition of the woman in this case is confirmed by a medical certificate once a quarter.

Termination of an employment agreement

As mentioned above, this situation is not a reason for dismissing a pregnant woman. This can be done only if the management invites the employee to stay, but she refuses. Another possibility is provided by article 261 (3 paragraph), when the contract was concluded during the absence of another employee. Then the boss needs to act in the following order:

Offer the woman a transition to a less difficult job during pregnancy. In case of refusal from the proposed vacancies, the expectant mother is subject to dismissal.
It should be added that it is imperative to voice all available vacant positions, otherwise the pregnant woman may challenge the employer's actions in court.

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Liquidation of an enterprise or termination of the activity of an individual entrepreneur

Such a reason can serve as a legal basis for the dismissal of a pregnant woman (Article 261 of the Labor Code of the Russian Federation). What is paradoxical - when the branches and representative offices located outside the territorial boundaries of the head office are closed, the termination of relations with such employees is also allowed. This norm is especially beneficial for employers, and they actively use this "Trick" on practice. The main thing is to warn the woman two months before this process.
It is noteworthy that the termination of labor relations due to any form of reorganization of the enterprise contradicts the principles of labor legislation. In addition, if an individual is not an individual entrepreneur, then norm 261 of Article of the Labor Code does not apply in this case. In other words, such an employer has no right to dismiss.

On the site.

Of my own free will

Perhaps this is one of the most "ideal" options for the leadership of the dismissal of a woman who is in an "interesting position." But this category of persons is very rarely calculated, most often it is forced to do it (under pressure, threats). These actions are prohibited by law, and a woman can recover through a court or labor inspection. Important: the expectant mother has the right to withdraw the application within two weeks from the date of its submission.

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By agreement of the parties

With this wording, expectant mothers quit most often. In this case, the employer frees up the place, "amicably" agreeing with the pregnant employee, and in return pays her a certain amount of compensation that suits both.

An employee in a position often becomes an additional "burden" for the employer, since, in accordance with current legislation, he is obliged to assign him a job, draw up a number of documents, and pay maternity payments. Worried about their own future and career, many employees planning a pregnancy consider the question of whether a pregnant woman can be fired from work is relevant for themselves.

On the basis of the Labor Code, an employee in a position can be fired, but under certain circumstances. However, in the current situation, the general procedure when the management can take the initiative and stop labor interaction does not work.

Therefore, before a responsible step, each manager should study in detail the legal points in order to avoid litigation and writing explanatory notes to the labor inspectorate.

Article 261, enshrined in the Labor Code, reflects all the permissible powers of the employer in relation to a pregnant employee. Despite the organization of the protection of the employee's rights in the position, there is still one nuance in which dismissal is permissible - this is the self-liquidation of the company.

The organization is liquidated as a legal entity.
The work activity of the enterprise or individual entrepreneur, acting as an employer, is terminated.

In this case, termination of employment is allowed without the consent of the pregnant woman.

The employer does not have the authority to dismiss a pregnant employee at his will, if this fact has been confirmed in a medical document. Regardless of how pronounced the signs of pregnancy are, in the absence of a supporting document, dismissal is not an illegal measure.

In what situations is dismissal allowed

Dismissal of an employee in a position is possible only in cases where the situation does not depend on the employer itself:

Liquidation of company;
initiation of formal bankruptcy proceedings;
if a certificate confirming pregnancy was submitted with a delay, while a fixed-term contract was concluded;
the employee was provided with alternative working conditions suitable for medical reasons, but the woman voluntarily refused;
IP ceases to operate.

The procedure for dismissing a pregnant woman upon liquidation of a legal entity is regulated by Article 180 of the Labor Code. On its basis, the employee must be officially informed two months in advance by signing the document.

If there is a change in management or ownership, the employee cannot be dismissed in accordance with the liquidation of the enterprise. The current legislation assumes that a woman has the right to continue her activities in the organization.

Dismissal of a woman with the complete liquidation of a legal entity is possible at any time: before the onset of the clan or going on maternity leave. So, for example, if a commercial or production branch is closed, and the woman does not want to move to another place, the dismissal process can be initiated by the employer. But first, he must, without fail, offer her a similar alternative. The procedure itself takes place in a standard manner.

When the company self-liquidates, the pregnant woman receives a number of material benefits.

Compensation for the remaining vacation days.
Weekend allowance (the average monthly salary is set).
Receiving a salary for two months.
Calculation of the salary for the days actually worked.

At the same time, maternity and pregnancy benefits are paid not by the organization, but by the social protection department. Although, like payments from the employer, this money will go to the same employee's salary card.

A pregnant woman has the same rights as every employee, so she can quit at her own request, notifying her superiors two weeks in advance.

In practice, situations often arise when, within the framework of the law, the management cannot influence the situation, but they have a strong emotional impact on the employee so that he expresses a desire to leave the workplace or makes a violation that will allow him to be fired.

In a situation where a woman is hospitalized due to deteriorating health, the law exempts her from two-week labor. With the official registration of sick leave, the employee is not able to continue working for an objective reason. At the moment when a woman is in a medical facility, her relatives can send a letter of resignation by mail with a delivery receipt.

The employer has the right to send a pregnant woman on leave during work. In the final calculation, the amount of the benefit, of course, will be an order of magnitude less. Within two weeks, the employee has the right to withdraw the application without career consequences, and the management is obliged to accept it back.

The initiative for dismissal should come from the employee, justified by his personal motives, and not be the result of coercion or pressure from the employer.

And although it is impossible to carry out the procedure at the request of the management, the parties are assigned the right to formalize the termination of the contract in a mutual manner.

An official document is drawn up in duplicate, where the signatures of the employee and management must be present. After familiarization, the organization issues an order to dismiss the employee. If one of the parties does not agree with the requirements or conditions for concluding an agreement, each party retains the right to leave the document unsigned. Alternatively, a protocol can be drawn up, in which all disagreements of the parties are recorded. But if they cannot come to a compromise, the dismissal will not take place.

As for the date of termination of the contract, it remains at the discretion of the parties. If the employer does not object, then the pregnant woman may not work out the prescribed two-week period.

The whole scheme and order can be represented in several stages:

Formation of an agreement in writing (in duplicate).
Issuance of an order in accordance with the established form T-8.
Entering information in the work book.
Agreement on working off or not.
The salary is issued only in full.
Day off payments are not provided.

The procedure is initiated only in the situation when the employee expresses his desire on a voluntary basis, which does not contradict the rules set forth in the Labor Code.

If the statement was signed by a pregnant woman, but she did not know about her position, then she has the right to invalidate the agreement.

Dismissal of a pregnant woman under a fixed-term employment contract can be initiated on the basis of Article 261 of the Labor Code of the Russian Federation in the following situations:

the contract is concluded only for the period of absence of another employee;
there is a lack of the possibility of transfer before the end of pregnancy to another position for health reasons;
offered alternative options for vacancies on the territory of the employer;
there was a refusal to transfer to another place of work.

In each situation, all aspects must be taken into account so that the procedure for dismissing an employee in a position is recognized as legal. As a rule, the conclusion of urgent labor occurs when another employee is on maternity leave.

In other cases, the dismissal of a pregnant employee or one on maternity leave will be considered illegal. If a woman finds herself in a position, she is obliged to provide the employer with medical confirmation in order to carry out the renewal of the employment relationship.

When an employee leaves the decree for the previous place of work, the other employee must go to an alternative place of work or position. The law provides for the possibility of vacancies with a lower salary. In this situation, a woman must independently make a decision: whether she will continue to work or leave of her own accord.

Is it possible to dismiss under the article

In the labor legislation of the Russian Federation there is no such wording "dismissal under the article." In this case, it means the dismissal of an employee for committing a serious disciplinary violation by him or in connection with his revealed incompetence.

When it becomes known that an employee is pregnant, management immediately begins to perceive her as a person who is being paid too much, because a woman's rights increase, and the amount of responsibility decreases.

Often, guided by this very idea, the employer begins to think about how he can dismiss a pregnant woman from office according to the law, citing her unprofessionalism or violations of discipline.

But on the basis of Article 192 of the Labor Code, the employer can apply only one of two penalties to such an employee.

Rebuke.
Comment.

If an employee committed a violation, a reprimand or reprimand can be officially issued. The deprivation of the bonus part of the salary is also allowed. But this decision is made at the discretion of the employer.

Therefore, there is no need to be afraid of being fired due to pregnancy. Current legislation does not allow the dismissal of a pregnant woman on probation. In a standard situation, the employer has such an opportunity, but if the employee is in a position, then on the initiative of the management, the dismissal is illegal.

It is also worth noting that Article 70 of the Labor Code prohibits fixing a probationary period for employees if, upon hiring, she provided a certificate confirming her position.

If the state of health is satisfactory, the decree is issued with the onset of the thirtieth week of pregnancy (in the seventh month). Before the onset of the decree, the management has no right to dismiss its employee. This is due to the fact that after providing official confirmation of pregnancy, the employee has all the rights to legislative protection provided for by the labor code.

With a planned or forced layoff, a pregnant woman cannot be fired. In this situation, one of the solutions is allowed:

the employer offers an alternative position or place of work that satisfies medical requirements;
if there is no alternative, the current place is assigned to the pregnant woman.

Dismissal of a pregnant woman while downsizing is also a violation of current legislation. A woman has the right to count either on a new position that will meet all her requirements, or an old position is assigned to her.

Is it allowed to dismiss a pregnant woman who works part-time

Rostrud published a letter 2607-6-1, where the following information can be highlighted: in accordance with Article 288 of the Labor Code, the employer has the right to independently decide the issue of dismissing an employee. In practice, when a new employee is hired, an order is immediately formed to dismiss a pregnant woman if she is in a part-time position.

However, in contrast to this information, Article 261 of the Labor Code stands out, which says that the dismissal of a pregnant woman on the initiative of the management is illegal. Accordingly, it can only be initiated with the consent of the employee. The only exception is the employer's self-liquidation.

Accordingly, it can be concluded that dismissal at the initiative of the management of a pregnant employee working part-time is impossible.

In practice, a situation often happens when a woman hides her "position" when she is hired and then worries about whether the employer will fire her upon learning of the pregnancy. In this situation, an explanation can be obtained in Article 64 of the Labor Code, which contains a prohibition on refusal to conclude employment contracts for reasons related to the "position" of a woman. Accordingly, a woman's pregnancy is not an objective reason for refusing to continue working.

Before deciding on her dismissal, the expectant mother should take into account several aspects.

After the application has reached the management table, it is possible to withdraw it during the working period (two weeks). To do this, it is imperative to fill out an appropriate document confirming the desire to continue cooperation. If, after the expiration of a two-week period, the place remains vacant, then no dismissal occurs.
If an employee independently decides to complete his labor activity at the enterprise, then he does not receive payments in the form of benefits from the organization.
An employee can write a statement only by making this decision on his own. If any pressure is exerted on the part of the employer, then he has every reason to apply to the courts and demand compensation for illegal actions.

When deciding to fire a pregnant woman, the management of an enterprise or company acts in their own interests. Without a legal basis for dismissal due to pregnancy, it can take advantage of the following:

presence at the workplace under the influence of alcohol or drugs;
causing serious damage to a company or enterprise (damage to property), but this fact still needs to be proved and established that the actions were intentional;
inaction or actions aimed at loss of trust on the part of management;
conduct found to be immoral, which was the reason for the dismissal;
violation of the signing of an agreement on the keeping of commercial secrets;
the employee has committed actions that entailed material damage to the organization;
the employee does not appear at the workplace for more than two months.

Considering the last point, it is worth clarifying that there is a certain list of diseases, which is a serious obstacle to continuing to work. It includes the threat of termination of pregnancy, the occurrence of complications during gestation. Upon presentation of the relevant medical documents to the authorities, this ground for dismissal loses its legal basis.

Each employee who is absent from the workplace due to a serious illness or a threat of miscarriage is obliged to provide an appropriate medical document for reporting and explanations. In addition, the company must adjust payments to him in connection with the registration of sick leave.

Unfortunately, legal practice knows many situations when, despite the established legislative guidelines, the management of companies and production organizations often violate the rights of pregnant women. If such a situation has occurred, then the employee has the right to appeal against the actions of the employer.

Judicially.
Through a prosecutor's check.
Contacting the state labor inspectorate.

If the fact of unjustified dismissal of a pregnant employee is proven, the employer may incur criminal or administrative liability:

Based on article 5.27 of the Administrative Code, an administrative penalty in the form of a fine of 30,000 -50,000 rubles may be imposed on the employer, and from 1,000 to 5,000 for an individual entrepreneur.
On the basis of article 145 of the Criminal Code - penalties of 5,000 - 200,000 rubles, wages for the last 18 months are deducted or compulsory work up to 360 hours is prescribed.

The State Labor Inspectorate controls enterprises and conducts inspections there. If necessary, this supervisory authority transfers all materials for further investigation to the prosecutor's office. For her part, a pregnant woman can independently apply to the relevant services with a similar statement.

Also, the employee has the right to apply to the courts. What tasks are solved in this way?

Reinstatement of an employee in office. The record of dismissal must be canceled in the work book.
Payment of compensation for the time when the employee was in forced absenteeism.
Compensation for moral damage.

True, many courts require the plaintiff to substantiate the amount claimed. At the same time, they are used to accepting mainly medical documents about exacerbation or occurrence of diseases, treatment received as evidence. We'll have to prove the relationship between illness and dismissal. At the same time, in judicial practice, it is believed that worries about what happened, which did not entail health disorders, are fully compensated by restoration at work.

Based on Article 393 of the Labor Code, an employee does not need to pay state tax or duty in order to protect his rights at a court hearing. Guided by Article 234 of the Labor Code, there is every reason to demand payment of compensation, as well as the full amount of wages for the entire period while the woman was not forced to work.

You can submit applications to several instances at once, while speeding up the process of proceedings on this issue. In practice, dealing with such situations does not take much time.

The current legislation of the Russian Federation strictly fixed the procedure for dismissing a pregnant employee, as well as situations in which this can happen. It should be noted that the initiation of such a procedure is possible only if the legal entity ceases to operate. In other cases, it is only possible to sign a mutual agreement, provide an alternative vacancy at the enterprise, or leave at will.

Since statistics indicate a large number of cases of emotional pressure on a pregnant employee with all serious consequences, the company management carefully studies the legislative framework so as not to face lawsuits and other unpleasant situations in the future.

A pregnant woman can become a burdensome "burden" for the employer, because she will have to keep her job for the period of the decree, pay for leave and carry out other payments provided for by law. All this is unnecessary trouble, besides, finding a new employee who will agree to work temporarily is very difficult. Employers who are poorly informed about the nuances of labor legislation or who are simply confident in their impunity decide that by firing such employees, they will avoid many problems.

However, in reality, they create new and much more serious ones for themselves. More about is it possible to fire a pregnant woman in 2018, in what cases these actions will be legal, and how the expectant mother to protect her labor rights if they are violated, we will figure it out further.

The onset of pregnancy should not be associated with the onset of problems at work, on the contrary, this period in a woman's life is protected by legislation and, moreover, implies a number of advantages:

lack of business trips and additional workings;
the right to undergo compulsory medical examinations during working hours without loss of wages;
decrease in production rate or transfer to lighter work;
the right to draw up an individual work schedule;
protection against dismissal during pregnancy, childbirth and parental leave;
the right to paid maternity leave;

If many people know about reducing workloads, vacations and drawing up an individual schedule, and these measures are more or less respected, then, as far as dismissals and hiring pregnant women are concerned, here, unfortunately, very often these rules do not work.

The legislative framework

According to Art. 261 of the Labor Code of the Russian Federation, termination of the contract by 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.

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 spelled out in the contract before the start of labor relations.

Dismissal of a pregnant woman is allowed at the request of the employer, if the fact of her pregnancy is confirmed by a medical certificate. Even if pregnancy is obvious from external indicators without documentary evidence, dismissal will not be considered illegal.

The Labor Code of the Russian Federation in Article 261 reflects the principled position of the legislator on this issue, suppressing arbitrariness on the part of employers and thus protecting the rights of pregnant women.

However, the exception to this rule in the same article is the case of the liquidation of the employer as such in the legal sense, that is:

complete liquidation of a legal entity (organization where the woman works);
termination of the activity of the individual entrepreneur, which acts as its employer.

With this development of events, the employer can terminate the employment contract with the pregnant woman without her desire and consent.

Is it possible to fire a pregnant woman: in what cases it is allowed

Can a pregnant woman be fired?, interests of many citizens. In order to fire a pregnant subordinate, the manager should not take the initiative. Dismissing him at will is a taboo. An admissible basis may be a reason independent of the employer's will (liquidation of a legal entity, termination of an individual entrepreneur, bankruptcy, etc.), as well as an initiative of a pregnant woman.

Dismissal upon liquidation of a legal entity or termination of an individual entrepreneur

Can a pregnant woman be fired from work when the company is closed ? Dismissal of a pregnant woman upon liquidation, it is regulated by Article 180 of the Labor Code of the Russian Federation. The employer must notify her that the company will be liquidated at least 2 months in advance. In this case, not verbally, but necessarily against a signature.

If there is not a liquidation, but a change of owners (the company is bought out, it is transferred to other persons), the woman cannot be dismissed due to liquidation. By law, she must continue to work under the new leadership, unless, of course, she herself does not want to quit.

they are entitled to the payment of severance pay in the amount of the average monthly earnings;
they receive compensation for unused vacation time;
they retain their salary for two months;
calculation of wages is carried out for actually worked days of the current month.

According to clauses 10, 11 of Resolution N 865 of December 30, 2006, the maternity allowance after liquidation will be paid not by the employer, but by the department of social protection of the population at the place of residence of the pregnant woman.

Dismissal of your own free will

A woman in a position, in fact, like everyone working under an employment contract, can terminate it at any time, having previously notified the employer of her intention 2 weeks in advance.

In this case, the desire to quit should be one's own, and not arising due to conditions deliberately created by the employer. The practice of managers blackmailing or creating unbearable psychological conditions for work is fairly common. In this case, the pregnant woman can complain to the GIT or the prosecutor's office, after which a check will be carried out. But the obligation to prove that the statement was written of his own free will under duress rests with the resigned person according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 03.17.04 No. 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation"

A two-week period can be skipped if a woman is hospitalized for health reasons. That is, in fact, she goes on sick leave, and the time of the forced absence from work (sick leave, vacation) is counted in this two-week period. Therefore, if in such a situation it is not possible to personally carry the application to the employer, the pregnant employee can write the application, and her relatives will send it by mail to the employer's address.

That is, it is important that the paper is already on the employer's desk during these 2 weeks while you are in the hospital. A verbal statement that you could have made during a personal or telephone conversation with the employer does not count.

Keep in mind that the employer has the right to send the employee on vacation for the two-week period that must elapse from the moment the application is submitted. Then the amount of vacation pay during the calculation upon dismissal will be less.

Employees "in position" can withdraw their letter of resignation before the expiration of the specified period - for them this is not fraught with any consequences.

Do they have the right to dismiss a pregnant woman by agreement of the parties

An alternative to voluntary dismissal at the request of a pregnant employee may be termination of the contract with her by agreement of the parties.

What is the difference between dismissal at the request of a pregnant woman and by agreement of the parties, the table will help to understand.

Question	Statement	Agreement of the parties
How is it formalized?	In the form of a statement from a pregnant employee with her signature. The employer draws up an order.	In the form of an agreement on behalf of two parties (it can be drawn up by one of them, but the other party must check). The document is drawn up in 2 copies, signed by both parties. Upon dismissal, the employer issues an order.
If the parties disagree?	The employer cannot refuse to dismiss the employee of his own free will if he has worked two weeks after the application was submitted.	If the employer or the pregnant woman does not agree with the provisions of the agreement, they have the right not to sign it. Then dismissal during pregnancy for this reason it is impossible. Alternatively, in case of disagreement, you can draw up a protocol of disagreements, however, if the parties do not come to a consensus, the dismissal will not happen.
date of dismissal	The date of dismissal is not the date of drawing up the letter of dismissal, but the day of the expiration of a two-week period from the date of its submission.	The date of dismissal is negotiable, that is, as both parties decide, it will be so. By agreement of the parties, a pregnant woman can quit without two weeks' work.

What is in common between dismissal on these two grounds is that it is voluntary, which means that it does not contradict the Labor Code of the Russian Federation.

On the issue of dismissing a pregnant woman by agreement of the parties, there is a Definition of the Supreme Court of the Russian Federation of 09/05/2014 N 37-KG14-4. According to its provisions, it can be concluded that a woman who signed the agreement of the parties on dismissal, who did not know at that time about her pregnancy, can send the employer a statement declaring the agreement invalid due to a significant change in circumstances (pregnancy), if the day of dismissal indicated has not yet arrived. in the agreement.

Does the employer have the right to dismiss a pregnant woman from a temporary place

Permits the dismissal of a pregnant woman working under a fixed-term employment contract, if the following conditions are met:

The employment contract was concluded for the duration of the performance of the duties of the absent employee.
It is impossible, with the woman's written consent, to transfer her to another job available to the employer, suitable for her health reasons, before the end of her pregnancy.
The employer offered her all available vacancies in the area.
The pregnant woman refused to transfer to a vacancy in another area.

When considering a specific situation, all conditions must be met so that dismissal from a maternity position (and most often fixed-term employment contracts are concluded precisely at the time of the decree of another employee) is considered legal.

In other cases, the employer is not entitled to dismiss a pregnant woman from a maternity place. If a woman proves that she is carrying a child by submitting a medical certificate, the employer is obliged to renew the fixed-term employment contract with her. Even if an employee leaves for a maternity position, the pregnant woman should be sent to another job. At the same time, it is assumed that transfer to a place with a lower salary is possible. In this case, the woman has to decide for herself whether to stay in a position where they will be paid less, or write a statement of her own free will.

Do they have the right to fire a pregnant woman due to circumstances beyond the control of anyone?

The reasons for dismissing a pregnant woman are not as varied as the reasons for terminating an employment relationship with an ordinary employee. Are there any other options for the development of events? There are a number of reasons for the dismissal of subordinates in an "interesting position" that do not depend on anyone. These include:

restoration of a subordinate in court at the same place of employment;
obtaining the status of an employee incapable of continuing to work in full;
expiration of licenses and permits required to work in the organization in a particular position.

All of these situations are not considered to be dismissal initiated by the management. But in all circumstances, the employer must first offer the employee other vacancies for employment. If this item is left out, there will be a violation of the termination process according to the law.

Dismissal due to adjustment of working conditions and relocation

In some cases, the firm drastically changes working conditions or moves to another locality to continue its activities. In the situations described, the dismissal of a pregnant woman is possible.

The main thing is that the boss first in writing offers the subordinate available vacancies and working conditions. If the girl refuses, she can be fired. Otherwise, you will not be able to get rid of the unloved category of female employees.

Is it possible to fire a pregnant woman on probation

Moreover, it is impossible to establish a probationary period for a pregnant woman in accordance with Article 70 of the Labor Code of the Russian Federation (if her pregnancy is confirmed by a certificate at the time of employment).

Is it allowed to dismiss a pregnant woman who works part-time

In this regard, there is an explanation of Rostrud in a letter dated November 24, 2008 No. 2607-6-1. Summarizing its provisions, you can display a recommendation on this issue in the form of the following thesis:

The decision to dismiss an employee under the conditions provided for by Article 288 of the Labor Code of the Russian Federation is made by the employer. This is his right, not his duty. Therefore, when a new “permanent” employee is hired instead of a pregnant woman who is part-time, it is the employer who initiates the termination of the employment contract. Article 261 of the Labor Code of the Russian Federation prohibits the dismissal of pregnant women at the initiative of the employer, except when the organization is liquidated and the individual entrepreneur is terminated, which means that it is impossible to dismiss a pregnant part-time worker without his consent at the initiative of the employer.

Is it possible to dismiss a pregnant woman under the article or for absenteeism

Labor legislation does not contain such wording as “dismissal under the article”. In the people, this means dismissal for committing a disciplinary offense, that is, in the manner of imposing a disciplinary sanction, or because of professional incompetence.

The employer cannot dismiss a pregnant woman for absenteeism or for other violations of labor discipline, but he has the right to impose one of the other penalties.

According to Art. 192 of the Labor Code of the Russian Federation, the following penalties can be applied to an employee:

comment;
rebuke;
dismissal.

Therefore, if a woman “in position” has violated labor discipline, she may be reprimanded or reprimanded. In addition, there are no restrictions on the forfeiture of premiums. Depreciation is allowed for pregnant women at the discretion of the employer.

The Labor Code of the Russian Federation clearly states that a pregnant woman can be fired only when an enterprise or a branch is liquidated. Even if a pregnant woman skips work or violates labor discipline, the employer can only confine himself to a reprimand. He cannot apply the dismissal of a pregnant woman under the article or for absenteeism as a disciplinary punishment. This also applies to the dismissal of a pregnant woman under the article of embezzlement. The maximum punishment is a reprimand!

But, a woman's pregnancy must be constantly confirmed by certificates from a medical institution. A visible sign of a woman's position is not evidence. Dismissal of a pregnant woman for absenteeism without a good reason is also not allowed, even if the woman did not show up to work and did not present a document justifying her.

This also applies to the reduction of staff at the enterprise. The employer must offer the pregnant woman a position that meets the medical indications of her condition at the time of the layoff. If there are no such positions, then the employer cannot reduce the position occupied by a pregnant woman. In addition, dismissal to reduce the number of pregnant women is possible only with the consent of the employee herself.

If the pregnancy was hidden during employment

Many women are worried about the question - if she got a job already pregnant and kept silent about it, wouldn't she be fired when everything is cleared up.

According to Art. 64 of the Labor Code of the Russian Federation, it is forbidden to refuse to conclude an employment contract for women for reasons related to pregnancy. This means that pregnancy is not a reason for refusing employment. And if so, then even when the employer finds out and it will be too late, the woman cannot be caught in some kind of deception and fired for it, since she is not obliged to inform him.

Comparison table for reasons of dismissal

Reason for dismissing a pregnant woman	In what cases is dismissal possible	Sequencing
On the personal initiative of the employer	Impossible	A woman has the right to file a lawsuit demanding reinstatement and compensation
If the pregnant woman has not passed the probationary period	Impossible	After presenting a pregnancy certificate, a woman automatically goes through a probationary period
For violation of discipline	Impossible	Only disciplinary action or reprimand is possible
When reorganizing a company	Impossible	Another position must be provided
As a result of the liquidation of the company	It is possible with the complete liquidation of the organization or the closure of the sole proprietor.	Paid: severance pay, vacation pay, the average salary is kept for two months
Upon expiration of a fixed-term contract	Perhaps, if the woman did not provide a certificate before the moment of dismissal.	If the certificate is provided on time, the employment contract must be extended until the end of the pregnancy.
If a permanent employee comes to work, who was replaced by a temporary employee who found herself in a position	Perhaps if the employer cannot offer the pregnant woman another position, or if she refuses it	An employee has the right to apply for another position in the company (with suitable working conditions)
At the initiative of the employee	Always possible	The application is submitted two weeks in advance, work is compulsory, maternity benefits are not paid

The procedure for dismissing a pregnant woman

Next, we will consider in more detail the order of dismissal and the necessary documents. We will analyze several options for dismissal and tell you about the conditions and procedure for dismissal for each. Also read the article on how to fire an employee and formalize it legally.

Dismissal of a pregnant woman upon liquidation of an enterprise

Dismissal is possible precisely on liquidation, and not on reorganization, change of a legal entity or disbandment of a department. The date of liquidation of an enterprise is the day of its exclusion from the Unified State Register. If it is possible to transfer a pregnant worker to another place, then it is strictly prohibited to fire her.

it is necessary to notify the employee two months before the liquidation of the enterprise;
full severance pay is paid (equal to her average monthly salary);
unclaimed vacation pay is paid;
the average salary is paid until the employee finds a new job, but no more than two months;
a woman is entitled to social benefits for pregnancy and childbirth.

Termination of an employment contract by agreement of the parties

When a pregnant woman is dismissed by agreement of the parties, the procedure is as follows:

A written agreement is being created.
An order is issued (form No. T-8).
An entry is made in the work book about dismissal according to clause 1 of article 78 of the Labor Code of the Russian Federation.
The salary is paid in full.

Upon dismissal by agreement of the parties, a woman can agree on an impressive compensation. At the same time, it is worth considering that she will lose payment for sick leave associated with pregnancy and childbirth.

Dismissal of a pregnant girl on her own initiative

The dismissal procedure contains the following steps:

The employee submits an application for dismissal of her own free will 14 days before the planned departure;
an order is issued (form No. T-8), where, under the basis, the "Employee Application" with the date of its presentation is indicated.
The employment record is made about the dismissal in accordance with clause 3 of article 77 of the Labor Code of the Russian Federation.
14 days of work are required if she is not in hospital (in this case, the documents are sent by parcel post).
Benefits are not paid. You can only get a childcare allowance up to 1.5 years old and by birth through social services. protection. The woman will lose the right to sick leave payment in such cases.

What payments are due

If a woman leaves her job during pregnancy, she should know what benefits she is entitled to:

Salary for the worked part of the month.
Compensation for unused vacation (for the worked part of the year).

However, you need to remember: the former employer is no longer obliged to pay benefits for pregnancy, childbirth and childcare from the moment of dismissal.

The exceptions are cases when "maternity leave" came less than a month after the dismissal, and at the same time the dismissal of their own accord was associated with some circumstances fixed by the order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n. These include:

moving to her husband or together with her husband at his new place of work;
illness, due to which it is impossible to work further or live in a given area;
caring for sick family members.

Here you should also be guided by Art. 1.4 and clause 2 of Art. 5 № 255-ФЗ, concerning insurance (in this case - medical and social) security.

What tricks employers go for

Even the most decent directors want to get rid of such a colleague as a pregnant woman. Even knowing that it is almost impossible by law to do this, employers begin to come up with more and more original reasons for dismissal, which are considered illegal:

A woman works part-time, which means that a second employer can take responsibility for her.
It is reported that such a decision (on dismissal) was made by the owner of the enterprise or the council of shareholders.
Dismissal is prohibited even if disciplinary action has been taken against the girl.
The most intractable bosses begin to create unbearable working conditions for expectant mothers, forcing them to leave the place of work of their own free will. Such actions are contrary to labor law.
As you know, hard work for pregnant women is contraindicated and the employer is obliged to provide lighter work, but he can refuse an easier position, citing the lack of a suitable vacancy. It is worth knowing that, according to the law, in this case, a woman can be exempted from fulfilling her official duties for health reasons, while she retains full-fledged earnings.
It is impossible to fire a woman in a position even for absenteeism, immoral behavior at work or violation of labor discipline.
Also, the theft committed by the pregnant woman or the disclosure of commercial secrets will be insufficient grounds for dismissal.

If the boss makes the woman leave

The legislation provides for "maternity" leave for pregnant workers - that is, for pregnancy and childbirth, as well as for childcare. All this time, a woman remains on the staff of the enterprise, she is supposed to make payments to compulsory funds - and therefore this situation is extremely disadvantageous to the employer. As a result, unfortunately, many of them use pressure on their employees - they force them to quit their jobs of their own accord.

What should a woman do in such a situation? First of all, she needs to take several steps:

Do not write a statement under any circumstances. If the document, even if written under pressure, was drawn up and signed by an employee with her own hand, the likelihood of winning the case and achieving reinstatement at work, or at least compensation, becomes negligible.
If possible, record the fact of pressure. Testimonies of loyal witnesses, audio or video recordings, etc. will come in handy. The main thing in this case is to prove that there was a demand from the employer to resign.
Lodge a complaint about the employer's actions with the regulatory authorities (Federal Labor Inspectorate or directly to the prosecutor's office). The complaint must accurately reflect the circumstances of the case and express a demand to bring the culprit to justice.
If the dismissal took place, appeal it in court.

It must be remembered that a pregnant woman cannot be fired at the initiative of the employer. Even if she violates discipline, the employment contract can only be terminated at the initiative of the employee or by agreement of the parties.

Video: what to do to be bulky so that she is not fired:

Methods of Complaining to an Employer

Despite the guarantees of pregnant women, enshrined in the Labor Code of the Russian Federation, cases of unjustified dismissals are not so rare.

The employee can appeal against the actions of the employer in:

state labor inspectorate;
the prosecutor's office;

Federal Labor Inspectorate

It is better to contact this authority if the violations by the employer of your rights are not particularly serious and gross. But in case of illegal dismissal, you can also contact them. To do this, you need to write a statement outlining the essence of your problem, directly in the Labor Inspectorate itself, or send it there by registered mail.

Within 10 days, the inspection is obliged to consider your application and, within a month, go to the location of the organization with an inspection. However, as practice shows, this instance tends to drag out cases and if you need immediate reinstatement in office, then it makes sense to immediately go to court.

Prosecutor's office

This option is good because the prosecutor's office itself is obliged to understand the circumstances of the case and if the violation is rather gross, the authority will help you with collecting evidence for the court. To enlist the support of this body, you also need to write an application and send it by certified mail. Within a month you will receive an answer to the question.

Such an answer will greatly facilitate the consideration of the case in court, although, who knows, perhaps after explanatory work by representatives of the prosecutor's office, your bosses themselves will not want to aggravate the case, and will reinstate you in your position.

Federal District Court

This is the authority that can compel your negligent leader not only to reinstate you in your previous workplace, but also to oblige him to pay you wages for the entire period of forced absenteeism, and also compel you to compensate you in monetary terms for the moral damage caused. It is only worth remembering that you must file a claim in court within 1 month from the moment you receive a copy of the dismissal order or receive your work record book.

That you should only think about the welfare of your child.
Do not succumb to a variety of tricks on the part of the authorities.
Exercise vigilance, caution and discretion when there is any hint of a possible violation of your rights.
If your rights have been infringed upon, then do not waste time and immediately contact the appropriate authorities, and it is better to all instances at the same time (fortunately, this is not prohibited by law).

The term for filing a lawsuit on the facts of illegal dismissal is 1 month. If this time is missed, the court will not accept the application. This period can be restored if the woman spent some time on treatment in a hospital.

In the event that a pregnant employee commits an administrative act, a criminal offense, the law still does not provide for her dismissal. The employee can sue and will be reinstated at her workplace.

Employer's responsibility

Unjustified dismissal of a pregnant woman threatens the employer with administrative and even criminal liability:

According to Art. 5.27 of the Code of Administrative Offenses of the Russian Federation with a fine from 1,000 to 5,000 rubles for officials and individual entrepreneurs, as well as - from 30,000 to 50,000 for legal entities.
In accordance with Art. 145 of the Criminal Code of the Russian Federation with a fine from 5,000 to 200,000 rubles or in the amount of salary / income for 18 months or compulsory work from 60 to 360 hours.

The GIT brings the employer to administrative responsibility, and if required, transfers the inspection materials to the prosecutor's office in order to bring the culprit to criminal responsibility. But such a procedure is not obligatory - the victim can herself apply to the prosecutor's office with a complaint.

If a woman left work of her own free will, and then felt that she was forced to do it, she can go to court. For filing an application, the law sets a deadline of 1 month.

It is counted from the day the employee received the order to dismiss, or from the day she received her work book in the personnel department.

In order to prove the fact of coercion, a woman must provide evidence. She can present witnesses to the court, bring audio and video recordings, letters, bring a printout of electronic correspondence, SMS correspondence, and other documents.

Perhaps the court will consider it an act of coercion to systematically fail to pay the premium, "gray" cash payments.

If the court finds the evidence convincing, it will side with the plaintiff and the pregnant worker will be reinstated. Applications and orders will be canceled. In the same way, it is possible to prove the illegality of dismissal by agreement of the parties, although there are few such cases in judicial practice.

The courts not only reinstate pregnant women at work, they award the employer with monetary compensation to the victim for moral damage.

The employer will be obliged to pay the injured worker the average earnings for the forced absenteeism.

The dismissal of pregnant women must be carried out in accordance with the law. This is a delicate issue, since the pregnancy of an employee forces the entrepreneur to look for a replacement for her, and the woman herself is prompted to seek protection in the letter of the law.

You can find additional useful information about dismissing a girl in a position in the video below:

The most serious guarantees provided by labor legislation in our country are provided to women in connection with motherhood. This is especially true of the fairer sex who are expecting the birth of a child - it is almost impossible to fire a pregnant woman without her consent.

In what cases is the dismissal of a pregnant woman allowed?

Is it possible to dismiss a pregnant woman without violating the law. The Labor Code of the Russian Federation spelled out all the possible circumstances of the dismissal of their employees at the initiative of the employer. The most compelling reasons are truancy, failure to fulfill their immediate duties and violations of labor discipline.
But in relation to a pregnant woman, different rules apply. Therefore, a logical question arises: "In what cases is the dismissal of a pregnant woman allowed?"

An employer cannot terminate an employment contract on its own initiative with a pregnant woman. But at the same time, pregnancy must be confirmed by a medical document. The visible sign is not evidence.

There is only one circumstance when an employer can terminate an employment relationship with a pregnant woman - this is the liquidation of the enterprise itself. But this does not relieve the employer of the obligation to promptly notify such an employee and pay her all the necessary sums of money.
The employer can also dismiss a pregnant woman from the maternity rate only on her initiative.

Inadmissibility of dismissing a pregnant woman at the initiative of the employer

It strictly forbids the employer to fire a pregnant woman on his own initiative. This applies to absolutely all grounds for terminating an employment contract, be it absenteeism, committing a disciplinary offense or unsatisfactory work results at the end of the probationary period. The only exception to this rule is the liquidation of an enterprise.

Dismissal of a pregnant woman upon liquidation of an organization / enterprise

Dismissal of a pregnant employee due to the fact that the employer stops his economic activity is possible at any stage of pregnancy - both before and after maternity leave.
The employer must, without fail, notify the employee of the upcoming dismissal in case of liquidation of the organization / enterprise at least 2 months in advance. The notification must be in writing, and the employee must sign that she has read it.

You can also fire a pregnant employee if a branch of the company is closed, and the employee is not ready to move to another location to work in the head office. But the employer must offer her such an opportunity in writing. Dismissal of a pregnant woman during the liquidation of a separate division occurs in the same way as the dismissal of a pregnant woman during the liquidation of an individual entrepreneur or legal entity that is the parent company.

Dismissal of pregnant women in bankruptcy occurs in the same way, but all personnel issues are not dealt with by the head of the enterprise, but by the bankruptcy administrator.
We are talking about a pregnant employee who works under an employment contract. Its validity period cannot exceed 5 years. But, if the validity period is agreed, then such an agreement is called urgent, and it can be concluded only under certain circumstances.

If we are talking about a fixed-term employment contract, then its validity, on the basis of a written application from the employee, is extended until childbirth or termination of pregnancy for other reasons. It will not be possible to use pregnancy for selfish purposes here - it will have to be confirmed by appropriate medical documents at the request of the employer, though not more often than once every three months.

Unfortunately, not all workers have a full understanding of their labor rights, which is often used by unscrupulous employers. Therefore, upon the expiration of the term of the employment contract, the manager is obliged to explain to the pregnant employee the possibility of prolonging it or to offer her another position - both equivalent to the one held earlier and lower, but with working conditions that do not contradict the state of health. Dismissal is allowed only after a voluntary refusal of the woman herself, set out in writing.

Thus, the dismissal of an employee who is in a state of pregnancy without her consent is only possible on condition that the activities of the organization or individual entrepreneur are terminated. A special case of such a basis is the liquidation of a separate branch of a legal entity located in a region remote from the main office.

Dismissal of pregnant women at the initiative of the employer under Art 81 of the Labor Code of the Russian Federation

Art. 81 of the Labor Code of the Russian Federation implies the grounds for dismissing employees at the initiative of the employer. Such grounds include:

liquidation of an enterprise;
reduction of positions or number of staff;
inconsistency of the employee with the position he occupies;
change of the owner of the enterprise;
the employee repeatedly, without good reason, does not fulfill his job duties;
repeatedly violates labor discipline;
absenteeism;
other grounds for dismissal listed in Art. 81 of the Labor Code of the Russian Federation.

But the law protects pregnant women. Dismissal of a pregnant woman at the initiative of the employer under Art. 81 of the Labor Code of the Russian Federation is not allowed, except for paragraph 1 of this article, that is, the termination of the enterprise. When a branch is liquidated, the dismissal of a pregnant woman is also allowed. This applies to both legal entities and individual entrepreneurs.

Dismissal of a pregnant woman under the article or for absenteeism

This also applies to the moment if a woman was hired for a trial period. The employer can fire an ordinary employee if he does not pass the test. But, he cannot do this to a pregnant woman. This applies to all pregnant employees. The dismissal of a pregnant woman in service is also prohibited.
This also applies to the reduction of staff at the enterprise. The employer must offer the pregnant woman a position that meets the medical indications of her condition at the time of the layoff. If there are no such positions, then the employer cannot reduce the position occupied by a pregnant woman. In addition, dismissal to reduce the number of pregnant women is possible only with the consent of the employee herself.

Dismissal of a pregnant woman by agreement of the parties or of her own free will

A pregnant woman can only resign of her own free will. An alternative to this is the dismissal of a pregnant woman by agreement of the parties.
This document is drawn up in duplicate and signed by both parties. It specifies the main points of termination of the activity of a pregnant woman:

the amount that the employer will pay her as compensation for the loss of her job;
the date on which the employee will stop working;
other important points that may apply to various payments from the employer.

Dismissal of a pregnant woman by agreement of the parties or of her own free will is a legal basis for terminating an employment contract with an employee. The initiative to conclude an agreement on dismissals should come from the woman herself.

The draft agreement can be drawn up by either of the parties, but it must be discussed without fail. All changes made to the project must be reflected in the protocol of disagreements. Once a compromise is reached, the parties sign an agreement. After that, the pregnant woman immediately writes a letter of resignation by agreement of the parties, and not of her own free will.

A woman can decide for herself that she no longer wants to work and write a statement of her own free will. In this case, she will not receive compensation payments. She will only receive wages for the days actually worked and compensation for the days of unused vacation. Dismissal of a pregnant woman is allowed under Articles 78 and 80 of the Labor Code of the Russian Federation.

Responsibility for unlawful dismissal of a pregnant woman

The rights of a pregnant woman in the field of employment are protected not only by the Labor Code, but also by the Criminal, Administrative and Civil Codes of Russia, as well as by a host of other legislative acts. There are many ways to protect against illegal dismissal, and if the employer, despite the prohibitions, nevertheless terminated the employment contract with the pregnant employee, she has the right to use any of them.

However, as practice shows, the greatest effect is achieved by filing a complaint with the regional office of labor inspectorate. An application for illegal dismissal of a pregnant woman can be submitted by both the woman herself and her representative. No further evidence is required. The duties of the inspection staff include a total check of the arguments of the complaint and the adoption of measures to eliminate the violations identified.

The result of such an appeal may be bringing the employer to administrative responsibility under article 5.27 of the Code of Administrative Offenses of Russia, as well as transferring materials to the prosecutor's office or other law enforcement agency to resolve the issue of initiating a criminal case under article 145 of the Criminal Code of the Russian Federation.

However, reinstatement at work is possible only by a court decision, which should be contacted as soon as possible. If inspectors find offenses regarding the dismissal of a pregnant employee, then a lawsuit must be filed with the court for reinstatement at work and payment of wages for forced absenteeism. An order from labor inspectors must be attached to the claim as evidence.

In case of a successful outcome of the case, the unscrupulous employer will be obliged not only to cancel his decision to dismiss, but also, by virtue of Article 234 of the Labor Code of the Russian Federation, to fully pay wages for the entire period of forced absence from work.
The law does not prohibit seeking the protection of one's rights in several instances at the same time, therefore, filing a complaint with the Labor Inspectorate does not exclude the possibility of initiating legal proceedings.

How can an expectant mother protect her right to work ?; when the boss has the opportunity to fire her without breaking the law, and in what circumstances does the Labor Code not allow this to be done? - read a detailed explanation on these issues from our leading labor lawyer, Gerasimov Ilya Alexandrovich.

Over the past three years, many regions of Russia have seen a wave of staff reductions. That is why today it is especially important to know about the most relevant changes in labor legislation. Especially in a vulnerable position are ladies who are preparing to become a mother. In a time of austerity, business owners are looking for ever more clever ways to get rid of pregnant women.

Legislation takes care of women during pregnancy

The news that an employee is preparing to become a mother is rarely able to please the immediate boss, no matter how decent and fair person he is. The negative attitude towards pregnancy among subordinates is often caused by the fact that a woman's leave on maternity leave entails some unpleasant consequences for the director of the company. A competent boss knows that the law is on the side of the expectant mother, and now she will have to be treated more leniently, released from hard work, overwork, let go to antenatal clinic appointments and turn a blind eye to numerous sick leave. And after the girl goes on maternity leave, she will have to pay her maternity allowance until the baby is one year and six months old.

In addition, a new employee has to be found who needs to be retrained in everything. Finding a replacement for the duration of the decree is always more difficult, since not every competent specialist will agree to temporary work. For a newly-made mother, her place in the state remains until the child turns three years old.

In short, it is not profitable to have a girl in an interesting position on the staff, but she cannot be cut or fired so easily. The rights of pregnant women and mothers are protected by law. During the period of bearing a baby and in the first twelve months of his life, even a spouse does not have the opportunity to divorce her. And the Labor Code of the Russian Federation very clearly regulates her rights to work. Knowing them, a woman will be able to protect herself from unlawful deprivation of work.

What cannot be grounds for dismissal?

Leaders who have elementary concepts of Labor Law know very well that a woman cannot be fired during the period of gestation, which is why they come up with new ways to get around the law, looking for ever narrower loopholes.

The expectant mother needs to remember that she has no right to be deprived of her job in the following situations:

If the employee herself does not want to change the place of employment, and her dismissal is only of interest to the employer.
If the boss believes that she has ceased to cope with her work duties.
If, at the end of the probationary period, the girl showed worse performance than was expected of her.
In a situation where a pregnant lady works part-time, but at the same time a permanent employee is invited to her place. This happens if a girl is accepted part-time, for example, in the absence of a free full rate at that time.

It happens that, upon learning about the pregnancy of an employee, the boss begins to insist on leaving the place of work of his own free will. But he also has no legal right to this, even if a woman performs her duties poorly and commits gross mistakes.

First of all, it is worth remembering that the director will have to collect a number of convincing evidence in order to prove that the employee has harmed the company by her mistakes in her work. But even if such a package of documents is collected, then dismissal under the Labor Code of the Russian Federation is impossible in this case. The only thing the boss can do is introduce fines and depreciation for a pregnant employee.

What tricks do employers take?

A woman works part-time, which means that a second employer can take responsibility for her.
It is reported that such a decision (on dismissal) was made by the owner of the enterprise or the council of shareholders.
Dismissal is prohibited even if disciplinary action has been taken against the girl.
The most intractable bosses begin to create unbearable working conditions for expectant mothers, forcing them to leave the place of work of their own free will. Such actions are contrary to labor law.
As you know, hard work for pregnant women is contraindicated and the employer is obliged to provide lighter work, but he can refuse an easier position, citing the lack of a suitable vacancy. It is worth knowing that, according to the law, in this case, a woman can be exempted from fulfilling her official duties for health reasons, while she retains full-fledged earnings.
It is impossible to fire a woman in a position even for absenteeism, immoral behavior at work or violation of labor discipline.
Also, the theft committed by the pregnant woman or the disclosure of commercial secrets will be insufficient grounds for dismissal.

Can pregnant girls be fired on probation?

In many large companies, employees will have to go through a trial period, during which the employer will check how professionally and qualitatively the new employee is doing his job. After the end of this period, an incompetent employee can easily be fired, but only if it is not a girl during pregnancy.

The expectant mother should remember the following important points:

If a woman is already carrying a child at the time of employment and paperwork, then according to the Labor Code of the Russian Federation, a probationary period cannot be established for her.
If the probationary period was established earlier than the woman found out about her pregnancy, then after this period she cannot be fired, regardless of whether she is suitable for the employer or not.
If a woman has not passed the probationary period, but provides the employer with a pregnancy certificate immediately after its end, then she cannot be fired.
The term of the employment contract is extended until the start of maternity leave.
It is worth informing the boss about your pregnancy before he decides whether the woman has passed the probationary period, then he will lose the opportunity to make a negative decision.

How a fixed-term employment contract with a pregnant girl is terminated

In the event that a woman expecting a child works under a fixed-term employment contract, then she should know that the employer has no right to terminate this contract. In addition, after the end of the contract, he is obliged to extend it until the end of the pregnancy. The head has the right to demand a certificate of pregnancy confirmation, but not more often than once every three months. If, after giving birth, the woman remains in this company, then the management has the opportunity to terminate the employment contract at the end of its validity period. But this can happen no earlier than 10 days after the end of pregnancy.

If the employment contract ends, and the expectant mother held a temporary position that needs to be vacated, then the employer is obliged to provide her with another vacancy, which should also not violate the rights of a pregnant woman. If there is no vacancy similar to the previous one, then the boss is obliged to offer all free options.

For what reasons can a pregnant woman be deprived of her job?

Dismissal of a woman expecting a child may be legal if only she herself wishes it, or in such cases:

The enterprise is completely liquidated, including absolutely all departments and divisions, and it has no legal successor.
The entrepreneur completely ceases to operate.
If a temporary employment contract has been concluded with the note "until the main employee who is listed in this position goes to work."
If a woman is not ready to accept the new working conditions introduced at the enterprise, regardless of her pregnancy.
In the event that the company has a new owner, and the girl is not ready to work for the new boss.

Dismissal due to liquidation of an enterprise

This is one of the most legal conditions for dismissing a pregnant woman. If the company is completely liquidated, and not just passes under the jurisdiction of another legal entity, then the management team is not obliged to bear responsibility for the employment of its employees, including pregnant women. However, in relation to a woman in position, he is obliged to do the following:

The head of the liquidated enterprise is obliged to notify his employees about dismissal at least two months in advance. In this case, the woman will be able to find another job during this time.
Each employee of such a company must receive a severance pay upon dismissal, the amount of which is equal to the average salary for one calendar month.
A pregnant woman, like the rest of the employees of the closing enterprise, has the right to receive compensation, the amount of which is at least two salaries. This time is allotted to the dismissed person in search of a new job.
If the company is transferred under the jurisdiction of another legal entity, is going through a merger, sale or takeover procedure, a pregnant woman cannot be fired, even if her position is reduced.

If you still have some unclear points in the legality of dismissing a pregnant woman, or you want to discuss your personal situation, then our online lawyer will answer all your questions and help you understand your particular case. You can ask your question in the form at the bottom of the page.