Is it possible to dismiss a pregnant woman under the article. When is the dismissal of the future mother is out of law? Liquidation of the enterprise or the completion of the activities of an individual entrepreneur

12.06.2019

A pregnant woman can become a burdensome "nonsense" for the employer, because it will have to preserve the workplace at the time of decree, pay for vacation and conduct other payments provided for by law. All this extra effort, besides finding a new employee who agrees to work temporarily, very difficult. Poorly informed in the nuances of labor legislation or simply confident in their impunity, employers decide that she distinguishes such employees, they will avoid multiple problems. However, in fact, create new and much more serious ... Read more about whether employers have the right to dismiss a pregnant employee in 2019, in what cases these actions will be legal, and as a future mother to protect their labor rights if they are violated, we will understand Further.

Can a pregnant woman break from work?

A pregnant woman cannot be fired at the request of the employer, if its pregnancy is confirmed by a medical certificate. Even if pregnancy is obvious by external indicators without documentary confirmation, dismissal will not be considered illegal.

The Labor Code of the Russian Federation in Article 261 reflects the principal position of the legislator on this issue, preventing the expense of the employers and protecting the rights of pregnant women in this way.

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

Complete liquidation of a legal entity (organization where a woman works);
Termination of IP activities, which is its employer.

With this development of events, the employer may break the employment contract with a pregnant woman without its desire and consent.

In what cases is allowed to dismiss pregnant women

So that you can dismiss a pregnant subordinate - the head should not be initiative. Dismissal at his request is taboo. A permissible base can be the reason (liquidation of the legal entity, the termination of the AIP, bankruptcy, etc.), as well as the initiative of the pregnant woman.

Dismissal when eliminating legal entities or termination of the IP

Dismissal when eliminating a pregnant woman is regulated by Article 18 of the Labor Code of the Russian Federation. The fact that the company will be liquidated, the employer must notify it at least in 2 months. It is not verbally, but necessarily under the painting.

If there is no liquidation, but the change of owners (the company will buy, it goes to other persons), a woman cannot be dismissed due to liquidation. By law, it must continue to work under the start of the new leadership, if, of course, he does not wish to quit.

They should be paid output benefits in the amount of average monthly earnings;
They receive compensation for unused vacation;
For them is saved for two months salary;
The salary is made for actually spent the days of the current month.

According to paragraph 10, 11 of the Resolution No. 865 dated December 30, 2006, pregnancy allowance after liquidation will already be paid not to the employer, but the management of the social protection of the population at the place of residence of pregnant.

Dismissal

A woman in a position, actually, like every employment contract, can terminate him at any time, having previously notified the employer about his intention in 2 weeks.

In this case, the desire to quit his own, and did not arise due to the conditions deliberately created by the employer. Practice when managers blackmail or create unbearable psychological working conditions, is satisfied with the common. In this case, the pregnant may complain to Git or the prosecutor's office, after which the check will be conducted. But the obligation to prove the fact that the statement of his own will was written under duress, assigned to the resolution of the Supreme Court of the Russian Federation abolished according to the decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 "On the application by the courts of the Russian Federation of the TK RF"

A two-week period can not be done if a woman is hospitalized by health. That is, in essence it goes to the hospital, and the time of the forced lack of at work (sick-leave, vacation) is counted on this two-week period. Therefore, if in such a situation there is no possibility to personally attribute the employer a statement, a pregnant employee can write a statement, and its relatives will send it by mail to the employer's address.

That is, it is important that the paper is already lying from the employer on the table during these 2 weeks while you are in the hospital. An oral statement that you could do with a personal or telephone conversation with the employer is not counting.

Have, in mind that at the time of a two-week term, which should pass from the moment of applying, the employer has the right to send an employee on vacation. Then the size of the holidays during the calculation during the dismissal will be less.

Workers "in the Regulations" may withdraw the application for dismissal before the expiration of the specified period - it is not fraught with any consequences for them.

Dismissal by agreement of the parties

Alternative voluntary dismissal on the application of a pregnant employee may be the termination of the contract with it by agreement of the parties.

What is the difference with the dismissal on the application of pregnant and by agreement of the parties, it will help to understand the table.

	Statement	Agreement by Party
How is it issued?	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 the two sides (it can be compiled by one of them, but the second party must be checked). The document is drawn up in 2 copies, signed by both parties. On the fact of dismissal, the employer publishes the order.
If the parties do not agree?	The employer cannot refuse the employee in dismissal at his own request, if he worked a two-week after applying.	If the employer or pregnant woman disagree with the provisions in the agreement, they have the right to not sign it. Then the dismissal on this basis is impossible. Alternatively, in case of disagreement, it is possible to draw up a disagreement protocol, 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 compiling a declaration of dismissal, and the day of the expiration of a two-week term from the moment of its filing.	Detachment is negotiable, i.e., both parties will be solved and will be. By agreement of the parties, the pregnant women can quit and without two-week work.

A common between dismissal on these two bases remains that it is voluntary, and therefore does not contradict the Labor Code of the Russian Federation.

On the issue of pregnant dismissal under the Agreement of the Parties, there is a definition of the Supreme Court of the Russian Federation of 05.09.2014 N 37-kg14-4. According to his provisions, it can be concluded that the woman who signed the agreement on the dismissal, who had not known about his pregnancy at that time, could send an application for recognition of an agreement by invalid by virtue of a significant change in the circumstances (pregnancy), if the dismissal day had not yet occurred In agreement.

Dismissal from a temporary place (according to an urgent employment contract)

Article 261 of the Labor Code of the Russian Federation permits to dismiss the pregnant labor-working contract, if the following conditions are followed:

The employment contract was held at the time of the fulfillment of the duties of the missing employee.
It is impossible to translate it from the written consent of the consent to another employer's work suitable for her health.
The employer suggested her all available vacancies in this area.
The pregnant woman refused to transfer to the vacancy in another terrain.

When considering a specific situation, all conditions should be observed that dismissal from a maternity office (and most often urgent employment contracts conclude at the time of the decree of another employee) was considered legal.

In other cases, the employer is not entitled to dismiss a pregnant woman from the maternity place. If a woman proves that she has a child, providing a medical certificate, the employer must extend the urgent employment contract with it. Even if an employee comes out on a maternity place, pregnant should be directed to another job. It is allowed that the transfer to the place with a smaller salary is possible. In this case, the woman should already decide whether to remain her position, where they will pay less, or write a statement on your own request.

Is it possible to dismiss on the article?

Labor legislation does not contain such a formulation as "dismissal under the article." In the people, this is understood by the dismissal for the commission of a disciplinary offense, that is, in order of imposing disciplinary recovery, or because of the uniformity.

It may not be fired to dismiss the pregnant percentage or for other disorders of the work discipline, but it is entitled to impose one of the other penisters.

Under art. 192 TK RF to the employee, the following recovery can be applied:

Comment;
Rebuke;
Dismissal.

Therefore, if the woman "in the position" broke the labor discipline - a remark or reprimand can be announced. In addition, there are no restrictions on deprivation of premiums. Pregnant women are allowed to discrepancy with the employer.

Is it possible to dismiss a pregnant woman on probation?

Moreover, it is impossible to establish a trial period for pregnant women according to Article 70 of the Labor Code of the Russian Federation (if its pregnancy is confirmed by the certificate at the time of employment).

Does the employer have the right to dismiss the pregnant before the decree?

The woman goes on the decret since the 30th week of pregnancy, that is, about the 7th month. But to dismiss her employer before the decree is not entitled, since pregnant women on any time are equally protected by law from the moment they documented pregnancy.

Is it worth afraid of reducing women "in the position"?

Dismissal to reduce pregnant women is impossible, since the TC RF gives them immunity in this regard, and the events unfold in two scenarios:

The employer offers another position in return, which is suitable for medical records.
If it is impossible to provide an alternative - saves a place for pregnant women.

That is, in any case, pregnant with the reduction does not face dismissal: they are either a new place is offered, or the old one is preserved.

Is the dismissal of a pregnant working part-time?

On this score, there is an explanation of Rostrud in a letter dated 11/24/08 No. 2607-6-1. Summarizing its provisions, you can display the recommendation on this issue in the form of the following thesis:

The decision to dismiss the employee under the conditions provided for by Article 288 of the Labor Code of the Russian Federation takes the employer. This is his right, not a duty. Therefore, when adopting a new "permanent" employee, instead of a pregnant women part-time, the initiator of the termination of the employment contract is the employer. Article 261 of the Labor Code of the Russian Federation has been banned for the dismissal of pregnant women on the initiative of the employer, except for the liquidation of the organization and termination of the IP activities, which means that it is impossible to dismiss a pregnant partner without his consent on the initiative of the employer.

If pregnancy was hidden in employment

Many women are concerned about the question - if she got a job pregnant and silent about it, whether it will be fired when everything turns out.

According to Art. 64 TK RF is prohibited to refuse to conclude an employment contract to women based on pregnancy. This means that pregnancy is not a basis for refusal to employment. And if so, even when the employer finds out and it will be too late, the woman cannot be convicted in some kind of deception and dismiss for it, because she is not obliged to put him known.

What if the employer violated the labor rights of pregnant?

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

An employee can appeal the actions of the employer in:

State Affection of Labor;
Prosecutor's office;

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

According to Article 5.27 of the Administrative Code of the Russian Federation, a fine of 1,000 to 5,000 p for officials and SP, as well as from 30,000 to 50,000 for legal entities.
In accordance with Article 145 of the Criminal Code of the Russian Federation, a fine is a fine of 5,000 to 200,000 rubles or in the amount of salary / income for 18 months or binding from 60 to 360 hours.

An employer is attracted to the administrative responsibility of the employer, and if required - transmits materials to the prosecutor's office in order to attract the perpetrator to criminal liability. But such an order is not obligatory - the victim can also contact the prosecutor's office with a complaint.

In addition, it is endowed with law to a lawsuit on the employer, where, of course, its violated rights will be restored:

It will be restored in office, while it may require the issuance of a duplicate employment record, where there will be no record of dismissal.
It will be paid compensation during the forced absenteeism.
The employer will have to refund moral harm if it is proved.

According to Article 393 of the Labor Code of the Russian Federation, the employee is exempt from the payment of state duty in the protection of labor rights in court.

The termination of labor relations delivers many hassle to citizens. Especially employer. After all, the boss should not only find a replacement subordinate, but also to comply with the rules for the dismissal of employees. Make it is not always easy. There are some categories of people who emphasize special rights in employment. Therefore, today we will try to figure out how the pregnant woman is dismissal. Is it possible to get rid of this category of subordinates?

Labor Code for Pregnant Protection

To deal with questions raised, it is necessary to explore the labor legislation. What does it say?

The dismissal of a pregnant woman in the TK RF is a difficult and not always possible operation. The employer can get rid of an objectionable employee in exceptional cases.

In addition, women "in the position" may ask for women's advice. The employer has no right to prohibit visitors during pregnancy. Nevertheless, in its powers to demand with a subordinate certificate from a specialist or other evidence of a visit to a medical institution.

Dismissal on the initiative of the authorities

The boss has the right to terminate labor relations with any employee when you please. But pregnant women are an exception to the rules.

In the TK RF, dismiss a woman "in an interesting position" at the request of the head can not. This is a gross violation of legislation. If the boss is going to dissolve, you can contradict him a complaint with the labor inspection, as well as criminal liability and a large fine.

Urgent contract

Accordingly, get rid of the employee waiting for the replenishment in the family, not as simple as it seems.

Is it possible to dismiss the pregnant woman under an urgent contract? Yes. The end of the employment agreement is the basis for termination of relations with the subordinate.

Nevertheless, the Labor Code protects future mothers, as well as women in the decree. According to the employee, the employer must extend the Agreement on cooperation until the end of pregnancy / decree. Cancel in a similar "bonus" can not.

Dismissal on an urgent agreement of a pregnant woman, if she did not want to continue to cooperate with the company, is carried out in the usual basis.

Correction of working conditions and moving

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

The main thing is that the boss first in writing offered the subordinate vacancies and working conditions. If the girl refuses, it can be fired. Otherwise, get rid of the unloved category of collaborations.

Abbreviation

Is it planned to dismiss a pregnant woman? The Labor Code of the Russian Federation clearly prescribes a number of grounds for which you can get rid of the vulnerable category of subordinates. The main thing is not to violate the established procedure for termination of employment contracts.

Reduction is the time when the employer has the right to dismissal employees who are dismissal. For example, with insufficient level of qualifications or work experience.

Do pregnant girls fall under reduction? Not. Reduced a woman waiting for replenishment in the family, cannot under any circumstances. If a dispute is planned to be reduced, a worker is obliged to translate to a suitable vacancy. But at the same time the salary does not have to be saved.

Under article

What other options for developing events are found in practice? Some people are expelled from the companies "under the article". That is, if there are any serious violations of the employment contract. Let's say for drilling without reason.

The dismissal of a pregnant woman under an urgent labor contract passes without any features. And what to do if the girl wants to throw out the company on the article? Nothing. This version of the development of events is not allowed. Moreover, if the girl is missing at work due to finding procedures for pregnant women or at the reception at the doctor, there will be no prosperity. Especially when the subordinate has any evidence of a visit to the doctor.

Desire for workers

The easiest way to develop events is to care from work at the request of the subordinate. Dismissal of a pregnant woman is allowed. In this case, as practice shows, the process passes without difficulty.

The girl, waiting for the birth of a child, can refuse to cooperate with the company at any time. It is not required to indicate the cause of care from work. It is also forbidden to hold the subordinate.

It is such a lifting that gives the employer less than all the hassle. There are no complaints about bosses in this case. The main thing is to comply with a certain procedure for termination of relations. With him we will get to know a little later.

Other circumstances

From all of the above, it follows that to get rid of such a vulnerable category of subordinates, like pregnant women, is problematic. However, it will still be done. In particular, if there is legal grounds.

Allows employers to terminate labor contracts with pregnant, if:

the liquidation of the enterprise is carried out;
the entrepreneur terminates its activities.

In these cases, labor relations are terminated with all subordinates without exception. The company closes, no one else can work in it. Moreover, information about the company is removed from the relevant register of organizations.

Probation

For the Labor Code of the Russian Federation, the employer may dismiss the employee who is on the probationary period. Is this a rule for pregnant women? Unfortunately no. All previously listed principles apply to the employees who are on the probationary period. It is important that the employer is notified about the "interesting position" subordinate.

Not dependent situations

The grounds for the dismissal of a pregnant woman are not so diverse as the reassigns of labor relations with an ordinary employee. Are there any other options for developing events?

There are a number of grounds for the dismissal of subordinates in the "interesting situation", none of those who do not depend. These include:

restoration of the subordinate on the court at the same place of employment;
receipt of the employee of the status unable to continue the activities fully;
the end of the licenses and permits required for labor in the organization on one position or that position.

All these situations are not considered dismissal on the initiative of the authorities. But in all circumstances, the employer must first offer employee's other vacancies for employment. If this item turns out to be missed, there will be a violation of the process of termination of relations by law.

Agreement by Party

The dismissal of a pregnant woman can be carried out through the agreement of the parties. During the operation, someone (boss or subordinate) offers its conditions for termination of an employment type contract, someone agrees with a proposal or nominates counter requirements. After reaching the consensus, an agreement was concluded with the subsequent dismissal.

It is desirable that the initiator of the operation was pregnant. Then, in the case of checking, the labor inspectorate will have fewer questions to the employer.

How to quit yourself

We met with the foundations of the dismissal of a pregnant woman. As already noticeable, according to the law, to get rid of the vulnerable category of subordinates is problematic. And this is proposed only under certain conditions.

How to terminate the contract on the initiative of the employee?

This will require:

Make up and write an application for dismissal at your own request.
Contact an employer request.
Wait for the signature of the application in the personnel department.
Work for 14 days.
On the day of dismissal, you will familiarize yourself with the appropriate order.
Get the calculation in accounting.
Pick up the labor book, a bear and a certificate of income.

That's all. After that, it remains only to sign in special journals of the employer. Citizen fired at his own request.

How to fire when liquidation

Several otherwise will have to act if the relationship with pregnant is terminated due to the company's elimination. IN this case have to:

For 2-3 months, notify the employee about the event.
Check the order about the dismissal.
Wait for female employees on a document.
Calculate with a subordinate.
Make an appropriate entry and issue an employee to the employment record.
Arrange and give a certificate of income.
Sew employee's personal matter.

If a woman refuses to sign an order or avoids calculating / issuing documents, you will have to make appropriate acts. Without them, the process of termination of relations will be disturbed.

RESULTS

Get rid of a pregnant employee in the company problematic. This can be done or when the foundations described are described, or when the employer does not know about the "interesting position" of the subordinate.

That is, the dismissal of a pregnant woman on the initiative of the authorities, "under the article", due to the reduction or for other reasons, but for this it will have to prove that no one was notified of pregnancy in the personnel department. In this case, the labor inspectorate can only be asked to restore the employees in office. But it is impossible to punish fines or criminal liability.

In the Labor Code of the Russian Federation, all possible reasons for which the employer may dismiss subordinates. Most often, the termination of employment contracts occur due to skills, non-fulfillment by employees of their official duties and disorders of the employment. But in relation to future mothers there are other norms, in connection with which the question arises - when the dismissal of a pregnant woman is allowed and how do you comply with all the norms of legislation? Is the dismissal of a pregnant woman on a probationary period allowed, does the law allow the termination of an employment agreement with a worker due to violations of labor discipline?

Whether the dismissal of a pregnant woman is allowed on the initiative of the employer

In art. 81 of the Labor Code of the Russian Federation marked the reasons for which the employee can be fired at the initiative of the employer:

if the company is liquidated;
if posts or staff are reduced;
if the employee does not correspond to his position;
if the company's owner changes;
if the slave regularly does not fulfill labor duties, without having good reasons;
constantly violates the working discipline;
walking working days.

But with regard to pregnant women, no one of these reasons cannot be used, since their dismissal may be challenged in court. The Russian law protects future mothers, and therefore the management of the organization, relying on the provisions of Art. 81 of the Labor Code of the Russian Federation, not entitled to terminate agreements with them on their own initiative. The exception is the liquidation of the company. It is possible to dismiss a pregnant woman to dismiss a pregnant woman with liquidation, both legal entities and individual entrepreneurs.

In what cases is allowed to dismiss pregnant women

If a woman worked on an urgent contract And there was a certificate of pregnancy only upon completion of his term. In this case, the manager is worth checking how the employee reported to how reliable information.

The dismissal of a pregnant woman is allowed by the Labor Code of the Russian Federation, if the period expires her employment contract And the main employee goes to his office. At the same time, pregnant does not agree to take one of the free vacancies or the company cannot at the moment to offer her other employment options.

Changed working conditions (Moving, new technical requirements). The company proposed a pregnant worker with all possible decisions to extend the employment contract (including a different available post), but it did not agree to anyone.

Pregnant can write an application for dismissal on a personal initiative.But in practice it happened that the management was dismissed by pregnant workers at their request, but later women declared that they were submitted due to the pressure rendered. There are no cases when the employers impose a fine for the dismissal of a pregnant woman. In this regard, the heads of various enterprises with caution relate to the requests of pregnant women to dismiss them at their own accord and do not hurry to stop working with them. The optimal option is the dismissal of a pregnant woman by agreement of the parties.

Eliminated enterpriseThe unit in which the female worker was employed, IP closed, or the company declared itself bankrupt.

Causes of the dismissal of a pregnant woman	Possible consequences	Whether dismissal is possible
On the personal initiative of the employer	The woman has the right to submit to the court with the requirement of recovery and payment of compensation	Impossible
If pregnant has not passed a trial period	After presenting a certificate of pregnancy, a woman automatically passes a trial period	Impossible
For violation of discipline	Only disciplinary recovery or reprimand	Impossible
When reorganizing the company	Another position should be provided	Impossible
As a result of the liquidation of the company	Weekend benefits are paid, holidays, the average salary remains for two months.	Perhaps with the complete elimination of the organization or closing of the IP.
After the expiration of the term contract	If the certificate is provided on time, the employment contract must be extended until the end of pregnancy	Perhaps that the woman did not provide a certificate until dismissal.
If a permanent employee who replaced the temporary officer, which was in position	An employee is entitled to claim another position in the company (with suitable working conditions)	Possible if the employer cannot offer a pregnant post or if it refuses her
At the initiative of employees	The application is submitted in two weeks, the ability to work, pregnancy benefits and childbirth are not paid	Always possible

Dismissal of a pregnant woman in the liquidation of the organization

Focus pregnant due to the liquidation of the organization the law permits at any time. That is, the dismissal of a pregnant woman in the elimination of the organization is allowed both during pregnancy and after its release on the decree. Management is obliged to inform the pregnant woman to terminate labor relations with it in the event of liquidation of the company at least 2 months. Notify a woman in writing. At the same time, the employee is obliged to sign a notification, thereby confirming his familiarization with him.

The law allows you to dismiss a pregnant woman if the company's branch is eliminated, and move to another locality to work in the main office, it refuses. However, the leadership is obliged to offer a woman such conditions in writing. The process of dismissing a pregnant woman in the elimination of a separate branch is similar to its dismissal when eliminating the IP or a legal entity, which is the main company.

If the company has become bankrupt, the dismissal of a pregnant woman is carried out in the same order, but with one amendment. All personnel issues decides not the head of the company, but the competitive manager. It refers to the termination of labor relations with the employee working on the terms of the employment contract. The period of action of such a contract may be not more than 5 years. However, if the parties have agreed on the duration of its action, the contract becomes urgent. It is possible to conclude it only in special situations.

The urgent employment contract is prolonged by a written statement of pregnant workers before childbirth or interrupting pregnancy for other circumstances. It will not be possible to use pregnancy in mercenary interests - this fact must confirm certain medical documents. The employer has the right to demand them, but only once every 3 months is no more.

That is, the dismissal of a pregnant woman without its consent is allowed only if IP is eliminated or legal entity. Sometimes it is possible if a separate enterprise division is eliminated in a terrain remote from the head office. In other cases, pregnant can only escape at his own request, submitting a statement.

Dismissal of a pregnant woman at their own accord or by agreement of the parties

If the employee decides to leave on his own initiative by writing a statement, then it cannot claim for compensation. The guide will give it only a salary for time spent on fact and compensates for the days of unused vacation. The dismissal of pregnant women, we note, produced on the basis of Art. 78 and 80 of the Labor Code of the Russian Federation.

In accordance with the law, the enterprise may dismiss the pregnant woman at her request or by agreement of the parties. At the same time, the woman itself should offer to terminate the agreement by agreement. This document is developed in two copies, after which both sides sign. The document indicates the main provisions of pregnant dismissal, namely:

the amount that she will receive from the manual as compensation for dismissal;
date of completion of work;
other important circumstances relating to different payments from management.

The agreement can be drawn up by any Party, but it certainly needs to be discussed. All changes in the document are entered into the disagreement protocol. Immediately upon reaching a compromise, participants sign a contract. Next, pregnant writes and applies to dismissal by agreement of the parties, and not on their own request.

Below we will look at the procedure for the dismissal of pregnant women in accordance with the terms of the employment contract.

Dismissal of a pregnant woman under an urgent labor contract

Consider dismissal under an urgent contract. A pregnant woman working on such an agreement is dismissed on the last day of maternity leave. Dismissal must comply with the provisions of the Federal Law of June 29, 2015 No. 201, according to which amendments are made to the current Labor Code of the Russian Federation.

Here, as it is obliged to act in the termination of labor relations with pregnant in connection with the expiration of the labor contract period:

1. For 2 weeks before the end of the urgent contract and the planned dismissal, the authorities must report this, handing it a written notice.

2. The manual prolongs the contract before the expiration of pregnancy on the basis of a certificate from an employee about its position issued by medical institution. The certificate confirming the pregnancy and registration should be the entry of the head of the women's advice, the head physician of the medical institution, as well as the seal of the clinic.

3.If a woman agrees to take one of those proposed by the vacancy, leadership translates her to work. It does not matter whether its qualifications and the position of the proposed place corresponds. Management has the right to offer a woman a vacancy that does not correspond to the professional level of employees and paying lower than previously occupied. The basis for the translation is a statement of an employee. If it refuses one of the proposed places, the company is an act. The act is described as an employee and the head of the enterprise.

4. Companies produces on the basis of an order, which indicates the basis for termination of labor relations.

During the day, the employee is issued by the employment record, copies of documents relating to its work in this institution, including a certificate of form 2 NDFL, if required.

In the employment book indicate the basis of dismissal. It is necessary that the record corresponds to one of the formulations of the Labor Code of the Russian Federation.

A head or personnel specialist signs in the book, assuring the entry. The document is stamped by the company. A pregnant employee should also sign in it.

The personnel specialist fills the person's personal card, where she puts their signature. In addition, pregnant is obliged to sign a document on obtaining an employment record.

Based on the provisions of Art. 84 Labor Code of the Russian Federation, for dismissal in any case, you need to issue an order (Order) by company.

In the decision of the State Statistics Committee of the Russian Federation of January 5, 2004, a unified form of order was approved (orders) T-8.The order relates to primary documents that make up for accounting and paying work.

At the disposal indicate:

the date of the compilation and number of the expiring urgent employment contract;
the date when labor relations are terminated with a pregnant employee;
the basis for dismissal, for example, the end of the labor contract (in accordance with the instructions of Art. 77 of the Labor Code of the Russian Federation, it is necessary to dismiss citizens) at the same time prescribe personal information about the employee.

The order should indicate the documentation confirming the fact that the employee was informed about the upcoming termination with her labor relations.

The order signs the head of the institution or his trustee. The order is registered in the journal of accounting published on the company of orders. It also includes the number and date of registration.

Management is obliged to introduce a pregnant woman with a decree on the dismissal, which she signs (Art. 81 of the Labor Code of the Russian Federation). In the lower corner put a mark on the direction of the document in the case.

On the day of dismissal, a pregnant woman receives everyone who relying on the law of payments, if they were not gone before the decree.

Management should pay the compensation dismissed pregnant employee:

salary for spent days;
compensation of unused vacation days. If a pregnant woman is dismissed due to the expiration of the contract period, it may claim to compensate for annual labor leave;
maternity benefits, based on Art. 15 FZ No. 255. The company's manual appoints within 10 calendar days after presenting a statement from pregnant together with the relevant documents.

Controversial dismissal of pregnant women

Unreasonable dismissal of a pregnant woman without her consent is almost always wrongful. If the leaders still dismiss the employees in the Regulations, the judiciary usually occupy the position of women and oblige the heads to restore them in position by issuing compensation for the entire period of forced disability. But in reality there are situations directly not regulated by law.

Disputes about the legality of the dismissal of pregnant women, as a rule, arise due to the fact that:

the head does not know that the dismissed is in position;
by the time of the trial, the pregnancy ceased.

Experience shows that the management may not know about the pregnancy of an employee only in one case - if the woman itself is not aware of his position. Any other situation is completely illogical - it is unlikely that the employee does not show the fact of its pregnancy to save the position. In this regard, executives usually declare that they did not know the pregnancy of the subordinate, as it did not give the appropriate statement.

Indeed, at the end of the trial period or the actions of the employment contract, an employee may present a certificate of pregnancy from the medical institution and apply for a postponement of dismissal before the completion of its term, that is, childbirth. But not everyone is legally grounded. A worker may simply not know the law, and therefore not to convey the statement. Based on Art. 261 Labor Code of the Russian Federation, the employer is obliged to clarify the woman of her right. That is, the actual lack of an employee's statement about its translation to another position does not mean that the dismissal legally.

The legislation does not say, whether it is legitimate to stop labor relations with the employee in the Regulation, which at the time of the dismissal did not know about pregnancy. But on the basis of Part 1 of Art. 261 Labor Code of the Russian Federation, pregnant women are provided with guarantees due to the very fact of pregnancy. Therefore, if a female person feeds, it is obliged to restore it. This point of view is usually supported by judges, considering such disputes.

In addition, by the time of the judicial proceedings in the case of illegal dismissal, it often comes to leave for child care. That is, pregnancy is stopped by this time. In accordance with paragraph 60 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 2 of March 17, 2004, in such situations the court has the right to change the date of dismissal, prescribed in the employment record, for a later date. The head of this should issue a woman salary for the entire period of pregnancy, starting from the day the termination of the employment agreement. For example, the company terminated the agreement on July 01, 2014, and the pregnancy ceased 10/01/2014. That is, management is obliged to issue unpaid wages for 3 months - from July 1 to October 1.

It should be mentioned about another interesting feature. Art. 81 of the Labor Code of the Russian Federation allows for the dismissal of workers on the basis of the embezzlement at work, waste, deliberate destruction or damage to the property of the employer. These facts must be confirmed by the court, that is, corresponding to the decision that entered into force. But is it legitimate to dismiss a pregnant one of these foundations? You can definitely answer the question - no. Art. 261 Labor Code of the Russian Federation strictly prohibits dismissing pregnant women. The exception is the dismissal of a pregnant woman when eliminating an enterprise or in a situation where it leaves for his own wishes.

Applied to young mothers such a rule does not work. That is, immediately after delivery, management has the right to terminate the contract with a female worker on the basis of disorders admitted to it marked in sub. "G" paragraph 6 of Art. 81 Labor Code of the Russian Federation. How many children at that time do not have any values.

Can a woman be dismissed in the position? May ... in the current legislation regulating this area, there are a number of nuances. They are guided by them.

Pregnant women - under the protection of the law

Women who are preparing for motherhood are under special legislative protection. For example, with a pregnant woman will not be able to divorce her spouse, permission to this procedure gives the judge only after the fulfillment of the child of 1 year (the exception is the mutual consent of the parties to).

The Labor Code of the Russian Federation is the main defender of the specified category of women, because often employers are not interested in preserving the workplace for a woman who will be in maternity.

The reasons for such an employer actions are as follows: ensuring special working conditions for a pregnant lady and payment of cash benefits that are put on a woman after childbirth, plus the search for a new employee who will be appointed wages (it turns out that the employer is losses in terms of cash payments). The reasons for may be the presence of any conditions, but will they be legal?

Is it possible to put the dismissal of a woman who is waiting for a child?

The Labor Code gives a clear list of reasons why the "ordinary" employee is fired (and the list specified in the Codec is not complete). Total spelled six:

expired the time of the contract;
the initiator of dismissal can be an employer;
dismissal of pregnant on her initiative;
dismissal in connection with the completion of labor obligations for reasons that do not depend on the desire of the Parties;
dismissal, due to the violation of one of the parties to the rules of the employment contract.

How to dismiss future mom? In practice, this is a very complex process that can occur in isolated cases indicated above. For example, to deprive the woman's work on the initiative of the head is not possible because it is strictly prohibited by law.

It is possible to dismiss only in cases: when eliminating the organization in which the woman worked (the liquidation should be complete, not partial) and in the event of the termination of the economic activity of the entrepreneur, who provided it (for example, a private entrepreneur went bankrupt).

Do not make yourself deceive

Pregnancy can not be the basis for dismissal

It must be remembered that a pregnant woman is forbidden to dismiss in the event of the elimination of one department or a unit where it directly performed its work. In the event of such a situation, it is obliged to send it to another active structural unit, and the translation must be carried out with the preservation of the size of the occasion.

But often women are not aware of these nuances and therefore are forced to sign documents related to their dismissal. Also, women who are preparing to become a mother do not have the right to deprive the place of work as a result of the change of the name of the company or the form of its management - these moments are also clearly spelled out in law.

In cases of changing the leadership or the entire state of employees, the future mother cannot be dismissal as such changes do not correspond to the definition. Even when the woman is trying to hide the truth, it can always get to the truth, contacting the tax authority at the place of residence and ask to provide an extract from the state register of legal entities.

Do not forget - this service is provided on a paid basis, and the required reference is provided within seven days from the date of treatment. Also, to obtain the necessary statement, you need to provide a tax authority employee of certain information about the organization where you are working: the state registration number of the company and the private number of the taxpayer, which is assigned to the company during it. This information will be more than enough to find out what exactly is happening with the organization and whether its head has the right to dismiss the pregnant lady.

Dismissal on the personal initiative of pregnant

Pregnant may require translation to "Easy Labor"

Completion of labor relationships is possible at the initiative of pregnant. But it may be so that employees of the personnel department may refuse to sign the application submitted by the woman, which indicates that it is indicated that it wants to stop working in the organization.

In this case, experts should indicate a reference to the Labor Code of the Russian Federation, which prohibits the dismissal of this category of persons. But such actions will be unlawful as it is precisely in the law that pregnant has the right to stop its career on the above reason.

Can pregnant be dismissal in cases of imprisonment of the parties? Of course, maybe in this case the dismissal process is not hampered by any circumstances. It is important to remember - in cases where a woman expresses a desire to leave the workplace at his own request the law is always on her side. Due to this, it may be quitted for a number of causes of a personal nature - for example, if possible, go to another job or due to the desire to change the conditions of employment, etc.

In other words, the woman is entitled to say goodbye to the employer in connection with the reluctance to work in this company or for the reasons for medical contraindications to such a labor activity. But in cases of dismissal of disassembly, the employer may not be punished for this.

feel the difference

If labor activity was engaged on the basis of an urgent employment contract, legislation is applied otherwise. It is possible to occur two cases:

A woman works - here the position of the woman provides the possibility of further work as it is impossible to fool it. But at the same time, it must be applied to apply the extension of the contract (the appropriate certificate is necessarily attached to the application, which confirms the interesting situation and the term of pregnancy). If the certificate is absent, the employer reserves the right to refuse to the woman (subjected to dismissal). An important nuance is that the employer has the right to dismiss a woman after the child is born (in the case when the term of the contract, which has been extended to the birth has expired).
Pregnant worries instead of an employee who is missing (for example, is on maternity or long-term). In the presence of these conditions, the woman can dismiss and its position will not be the basis for the continuation of her labor obligations as in the contract it was stipulated that it fulfills their responsibilities until the exit of the specialist she replaces. But you should not hurry after all in this case, too, there are certain nuances - if a woman wants and continues to work in this organization, it cannot be deprived of work just like that. The employer must offer it several different options that appropriate pregnant qualifications. If so are missing, he reports in writing. True, many owners of the company forget purposefully forget about this condition in order not to be pregnant

In the context of the financial crisis, employers are increasingly trying to reduce the wage fund. Some of them do not know the laws, others simply wish to get around them. Many managers are asked: it is possible to dismiss a pregnant woman and how to do it. The same problems are worried about future mothers. Although such a category of employees is under special protection of the Labor Code, the bosses still find "loopholes" in law to say goodbye to pregnant. This article is for those who want to dismiss the future mother, but does not know how to do it.

Provisions of the law

Immediately we note that it is almost impossible to dismiss a pregnant worker, not absorbed by the law. The Labor Code provides serious social protection to motherhood. Namely, the article 261 of the TC states that at the request of the employer, the termination of labor relations with women in position is unacceptable. Even in the case when the employment contract is urgent. Writing a pregnant statement for its extension is necessary, and the boss must continue their labor relations until the future mother of maternity leave is issued. The physical condition of the woman in this case is confirmed by a medical certificate once a quarter.

End of work agreement

As mentioned above, this situation is not a reason to dismiss the pregnant. This can be done only when the management offers a worker to stay, and it refuses. Another opportunity provides Article 261 (3 paragraphs) when the contract was concluded during the absence of another employee. Then the boss must act in the following order:

Suggest a woman to transition to less difficult work during pregnancy. In case of refusal from the proposed vacancies, the future mother is subject to dismissal.
It is worth adding that you will definitely need to voice all available posts, otherwise the pregnant woman may challenge the actions of the employer in court.

Download on our site:

Liquidation of the enterprise or the completion of the activities of an individual entrepreneur

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

Online.

At your own accord

Perhaps this is one of the most "ideal" for the leadership of the dismissal of a woman in a "interesting situation". But such a category of persons is very rarely calculated, most often it is forced to do this (under pressure, threats). These actions are prohibited by law, and a woman can recover through court or labor inspection. IMPORTANT: The future mother has the right to withdraw a statement within two weeks from the moment of its filing.

On our site are available:

By agreement of the parties

With such a wording, future mothers are fired most often. In this case, the employer frees the place, "Pulley" by having agreed with a pregnant worker, and instead pays her a certain amount of compensation that suits both.