Pregnant women have a number of privileges and guarantees at work, provided for by the Labor Code of the Russian Federation. But can such an employee be fired?

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Let's look at the basic rules that employers must adhere to in 2020. Everyone knows that a pregnant woman has the right to expect special conditions at work.

But what if the employer not only does not provide them, but also intends to fire the employee? Can he terminate the agreement with her when she is in this position?

It is not in the employer's interests if the employee is pregnant. And often he tries to terminate the employment contract with the woman.

But the legislator limits the capabilities of the management of organizations. Most options for dismissal during pregnancy are prohibited.

But there are some loopholes in the legislation that are used by employers who do not want to keep pregnant women at work. Workers need to know them in order to protect their rights.

General points

The general rules that employers adhere to when terminating employment agreements in the event of dismissal do not apply.

Let's consider when and how you can fire a woman in position. But first, let’s define what is meant by dismissal and what grounds can be used.

What you need to know

The main provision that protects the rights of pregnant women is. It states that the employer does not have the right to dismiss an employee in the position on his own initiative.

Is it possible to fire a pregnant woman from her job?

A pregnant woman can be fired, but not in all cases. Legislation protects the interests of such workers.

There are only two cases when an employer can terminate an employment relationship with a pregnant woman.

We are talking about the liquidation of the company and the termination of the work of the individual entrepreneur who hired the employee.

What about the dismissal of a recently hired employee on probation? There is no answer to this question.

If a woman herself does not know about pregnancy, then she can be fired in the manner provided for in Art. 71.

In other cases, dismissal is not possible, since the law establishes special benefits for women in this position and provides guarantees. To use them, a woman:

• must be aware of pregnancy;
• you need to notify your employer about your condition;
• You must submit a document confirming your pregnancy.

In Art. 77, paragraph 4 of part 1 of the Labor Code states that an employee can be dismissed if he completes the probationary period with an unsatisfactory result. This provision does not apply to pregnant women.

This means that the employer does not have the right to dismiss the employee unless she herself wants to do so.

For absenteeism

Can a pregnant woman be fired from her job under this article? Even if a pregnant employee skips work or has violated discipline at the enterprise, the company management can only issue a reprimand.

You cannot be fired for misconduct. The main thing is that the woman presents a document that confirms pregnancy. But if she does not provide such a certificate, they cannot fire her.

If a pregnant woman believes that the company has violated her rights, then she should go to a review commission or to a judicial authority.

Accepted temporarily

Management, which accepted an employee under a contract that has a certain validity period, cannot always determine when it will terminate, and cannot notify the employee in a timely manner.

But if the employee is not notified of the upcoming dismissal 3 days in advance, and he continues to do the work, then the contract will automatically become indefinite.

It is not necessary to notify an employee of termination if he is hired during the absence of the main employee.

Sometimes employers believe that termination of employment due to the expiration of the contract is an initiative of management.

In this case, the courts often side with the employer if he fires a pregnant woman from a temporary position. But still, you cannot violate the rights of a pregnant woman at temporary work.

If the employee is not hired during the absence of the main employee, then upon expiration of the contract and upon provision of a document from the medical institution, the company must renew the contract.

The woman must submit a corresponding application. If the employee does not provide an application and medical certificate, she may be fired at the end of the agreement.

The employer has the right to require the submission of a certificate once every 3 months confirming pregnancy in order to renew the agreement.

More often than not, such a requirement is not allowed. If there was no request, the employee may not submit a certificate.

The employer will be able to dismiss the employee due to the expiration of the contract after the end.

The question is often asked whether a pregnant woman can be fired from her job while on maternity leave.

If a woman is hired during the absence of another employee, then she may be fired when such an employee returns to his workplace.

If the pregnant woman gives written consent, the employer may provide another position until the end of the pregnancy. If the employee does not have such a desire, she can refuse the offer.

The employer should remember that the process for dismissing a pregnant employee must be followed. It is advisable to document all actions in order to have confirmation in case of litigation in court.

At the same time

No one can fire a pregnant woman from her main job. But what if she works part-time in an organization? There are some difficulties here.

A part-time worker who is expecting a child has many obligations, which can harm her health and that of the baby.

It turns out that the condition of providing easier conditions for pregnant women is not met.

And the rights of employers will be infringed, because they will not be able to hire another person for this position.
In general, it is illegal to fire a pregnant woman. But there is one exception.

Video: dismissal of pregnant women from work

An agreement with a woman can be terminated if an employee for whom this will be the main place of work is hired for this position.

The Labor Code also stipulates such circumstances when the dismissal of a pregnant woman will be legal:

If the dismissal of a pregnant woman is unlawful, the employer will incur administrative or criminal penalties.

The expectant mother has the right to contact the labor inspection department and file a complaint against the employer.

A specialist from the authorized body will check the arguments and take measures to ensure that the identified violations are eliminated.

The employer will bear responsibility in accordance with. Materials may also be transferred to the prosecutor or another service so that a criminal case can be initiated.

The court has the right to reinstate a woman at work by making an appropriate decision. An employee has the right to file a claim with a judicial authority and write a statement to have her salary paid for forced absences.

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

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

Dismissal on your own or by agreement of the parties - what to choose?

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

Another option to separate peacefully is dismissal by agreement of the parties (Article , Labor Code of the Russian Federation). In this case, initially the initiator can be either the employee or the employer. In this case, the employment contract can be terminated at any time determined by the parties (Article of the Labor Code of the Russian Federation, paragraph 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation).

The employer and employee sign an agreement, where they express their mutual desire to part ways, indicate the amount of payments, including compensation transferred by the company, the deadline for completing the cooperation and other conditions that are important for the parties. In this case, the employee does not have to write a letter of resignation; one agreement is enough.

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

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

What if the employment contract has expired?

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

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

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

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

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

If a pregnant woman agrees to one of the proposed vacancies, the employer extends the term of her employment contract until the end of the pregnancy, regardless of the reason for its end: birth of a child, early miscarriage, interruption for medical reasons, etc. (Part 2 of Article LC RF, paragraph 1, 3, paragraph 27 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated). A woman must confirm her pregnancy with a medical certificate at the first request of the manager, but no more than once every three months.

Is it possible to fire a pregnant part-time worker?

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

What to do with a pregnant woman? She cannot be fired, since labor legislation clearly interprets this situation as dismissal at the initiative of the employer, which means that she falls under Part 1 of Art. Labor Code of the Russian Federation.

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

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

We have already written in detail about the procedure for making changes to an employment contract in ours. Let us only add that the procedure is the same for all employees without exception.

Are pregnant women subject to redundancy?

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

What if the company is liquidated?

This is the only basis for dismissing a pregnant employee if the initiative comes from the employer. And in this matter, the procedure will be no different from the dismissal of other employees.

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

Important! Do not confuse the closure of a branch and the liquidation of an enterprise. If the employer ceases the work of a department, he is obliged to offer the pregnant employee a transfer to another department or head office.

What if a pregnant woman abuses her position?

Pregnancy does not reduce the employee’s workload or relieve her from the need to comply with the organization’s internal labor regulations and labor legislation. If the expectant mother violates discipline, she can, like any other employee, be subject to disciplinary action - a reprimand or reprimand. But it is impossible to fire such an employee, even if we are talking about multiple/gross violations of labor discipline: absenteeism, tardiness, failure to fulfill work duties, etc.

And this is the very case when the employer may find itself in a hopeless situation. The only measures of influence available to him are a reprimand and a reprimand. To bring a pregnant woman to justice, it is necessary to record a violation, receive a written explanation from the employee (or draw up an act of refusal of explanation with the signatures of three witnesses), assess the severity of the offense and its circumstances, and only then determine the type of punishment and issue an order.

In addition, the HR specialist can enter absenteeism and serious lateness without good reason into the time sheet, then this will be reflected in the violator’s salary and the amount of benefits. But for this, the manager must promptly, in the presence of witnesses, draw up a report on the employee’s absence from the workplace. And do this for each of the absences.

We do not encourage you to look for loopholes in the law to break up with a pregnant employee. We tell you: yes, there are options to do this legally and peacefully, but be extremely careful. Indeed, in the event of an unjustified dismissal of a pregnant woman, the employer faces liability, including criminal liability. Negotiate with employees, look for compromises and complete all documents correctly.

Can a pregnant woman be fired? Of course, there are a number of loopholes in the law for this, which negligent employers take advantage of.

The law is on your side

But pregnant women, of course, are under special protection of the law. For example, a pregnant woman cannot be divorced by her husband without her consent - judges can give permission for this step only after the baby is one year old. The Labor Code of the Russian Federation also protects a pregnant woman from shocks, because not every employer, especially a private organization, is interested in maintaining a place for a woman who has already given birth during 3 years of maternity leave.

No wonder: first he will have to create special working conditions for her during pregnancy, and after giving birth, pay benefits and hire another employee who is also entitled to wages... The reasons for dismissal may be different, the question here is different - is it possible to dismiss a pregnant woman legally reasons?

Is it possible to fire an expectant mother?

How do ordinary people get fired? In the Labor Code of the Russian Federation, all the norms of this process are spelled out in detail, and the list of reasons for dismissal is not exhaustive. There are six of them in total.

• may be fired by agreement of the parties
• due to termination of a fixed-term employment contract
• dismissal may occur at the initiative of the employer
• it is possible to terminate the employment contract at the initiative of the employee (at his own request)
• may be dismissed due to termination of the employment contract due to circumstances beyond the control of the parties
• termination of an employment contract may be caused by a violation of the established rules for concluding an employment contract

How to fire a pregnant woman? This is not so easy to do. Dismissal of a pregnant woman may only occur in some of these cases. For example, they cannot fire a pregnant woman on the initiative of her management - this is prohibited by law. This is possible only in two cases: with the COMPLETE liquidation of the institution where she worked, or as a result of the termination of the work of the entrepreneur who provided her with a workplace.

Don't be fooled

It is important to know that a pregnant woman cannot be fired if only the department or workshop where she worked is liquidated - she must be transferred to another department of the institution, while maintaining her salary. Very often, women who do not know these subtleties easily sign dismissal documents. A pregnant woman cannot be deprived of her job even in the process of various reorganizations of the company or its renaming, changing the form of management - this is clearly stipulated by law.

Even if the entire management and staff are replaced, a pregnant woman cannot be fired simply because the process does not fit the definition of liquidation of the organization. If the essence of what is happening is hidden from her, she always has the opportunity to get to the bottom of the truth. You need to contact the tax service at your place of residence with a request to make an extract from the Unified State Register of Legal Entities.

We warn you that this service is paid, you will have to wait at least a week for the certificate. Also, in order to receive an extract, you must provide the specialist with a number of information about the company where you work: the main state registration number and individual taxpayer number. This information will be quite enough to find out what is happening with the institution and whether managers can fire a pregnant woman.

At your own request...

The dismissal of a pregnant woman can also occur on her initiative. Circumstances in life are different, so it also happens that the personnel department refuses to sign a pregnant woman’s application, which states that she wants to leave this organization, guided only by her own desire. At the same time, experts refer to the Labor Code of the Russian Federation, which prohibits dismissing pregnant women - allegedly, this is why they cannot sign the document. Know that, precisely for the reason stated above, a pregnant woman can be fired at any time in her interesting position.

Can a pregnant woman be fired if an agreement is concluded between the employee and the employer on the mutual desire to terminate the employment relationship? Yes, in this case, neither party should have any difficulties. In general, in situations where it is the pregnant woman who takes the initiative herself, the law is completely on her side. Therefore, she may quit due to a number of reasons. For example, due to a transition to another job or a change in working conditions, when the enterprise moves to another area.

Simply put, a pregnant woman has every right to leave a company where she does not want to work or if this is not possible for her due to a medical report. However, if in this case the reason was a violation of the rules of the employment contract, then the owners of the company may appear in court.

feel the difference

In situations where a pregnant woman worked in an organization and entered into a fixed-term employment contract, the law works differently. There are two possible cases:

• the expectant mother works under a fixed-term contract. In this case, an interesting provision will not allow dismissing a pregnant woman after the end of the contract. True, she will have to write an application asking to extend her contract and attach to it a certificate confirming the pregnancy - only then the employer will not be able to refuse the expectant mother. Otherwise, the pregnant woman may be fired. You also need to be prepared for the fact that the employer has every right to fire a woman after the birth of the baby if the term of the employment contract extended during pregnancy has expired.
• a woman works in a company, taking the place of an employee who is currently absent (for example, went on maternity leave). In this situation, the dismissal of a pregnant woman is possible. Her pregnancy will not be a reason for keeping her job, since the law says that the contract is concluded only until the employee she replaces leaves. But there is a nuance here - a pregnant woman who has expressed a desire to continue working for the benefit of this organization cannot simply be fired. The employer is obliged to offer her various options (if they exist) that match her qualifications. In their absence, he must inform her about this in writing. In practice, however, owners forget about this, simply dismissing a pregnant woman who does not know that she could challenge this decision in court.

You won't get fired for absenteeism

By the way, a pregnant woman cannot be fired even if she commits misconduct. For example, he commits absenteeism or appears at work while under the influence of alcohol or drugs. It is impossible to fire a pregnant woman if the woman violates labor discipline, fails to fulfill her duties, divulges trade secrets, and even steals or damages property.

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

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

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

What are the rules for dismissing a pregnant woman? Watch this video:

The legislative framework

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

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

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

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

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

Dismissal during the probationary period 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 specified in the contract before the start of the labor relationship.

Cases and grounds for this dismissal

Despite such strict requirements prohibiting infringing on the interests of the expectant mother, there are still reasons according to which it is permissible to fire an employee:

1. – in this case, the rules for full staff calculation are the same for everyone and it doesn’t matter whether the employee is pregnant or a single mother, but the employer must act in accordance with the procedure.

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

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

However, before this, he must offer her all possible options for transitioning from difficult working conditions, for example, if before pregnancy she worked with hazardous substances or in a metallurgical workshop, to easier work while maintaining the same salary.

Sample application for voluntary resignation.

1. In addition, it is permissible to dismiss the employee under the article, like other employees, since no one has canceled the observance of discipline and internal regulations for her:

• Absenteeism from work;
• Being at work under the influence of alcohol, drugs or other substances;
• Violation of labor discipline;
• Immoral act;
• Disclosure of confidential information;
• Taking actions at your own discretion that led to an accident, damage and other consequences.

Features of dismissal of a pregnant woman for various reasons

Fixed-term employment contract

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

Important: in this case, the duration of pregnancy is not the main thing, since before 12 weeks pregnancy also exists and dismissal is no longer acceptable.

But here the employer also has rights:

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

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

By agreement of the parties

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

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

The grounds for termination of an employment contract are:
1) agreement of the parties (Article 78 of this Code);
2) expiration of the employment contract (Article 79 of this Code), except for cases where the employment relationship actually continues and neither party has demanded its termination;
3) termination of an employment contract at the initiative of the employee (Article 80 of this Code);
4) termination of an employment contract at the initiative of the employer (Articles 71 and 81 of this Code);
5) transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position);
6) the employee’s refusal to continue working in connection with a change in the owner of the organization’s property, a change in the jurisdiction (subordination) of the organization or its reorganization, or a change in the type of state or municipal institution (Article 75 of this Code);
7) the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code);
8) the employee’s refusal to transfer to another job, which is necessary for him in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer does not have the corresponding job (parts three and four of Article 73 of this Code);
9) the employee’s refusal to be transferred to work in another location together with the employer (part one of Article 72.1 of this Code);
10) circumstances beyond the control of the parties (Article 83 of this Code);
11) violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work (Article 84 of this Code).
An employment contract may be terminated on other grounds provided for by this Code and other federal laws.

At your own request

This right is granted to all workers with mandatory notification of the employer 2 weeks in advance, while work is mandatory for everyone. You will learn how to correctly draw up a resignation letter of your own free will.

But if an employee is retained at a medical institution, then she has the right not to work and report her dismissal remotely or through an authorized person.

Grounds for dismissal at the initiative of the employer.

Employer initiative

This option is possible only in the presence of special circumstances - the closure of an enterprise, a woman abusing her position. Simply taking a decision to quit is not acceptable.

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

On probation

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

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

Absenteeism

Pregnant women are under special protection of the law; their dismissal for absenteeism is unacceptable, in order to avoid abuse by the employer.

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

Refusal to transfer

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

Liquidation of the enterprise

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

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

Documents and employment records

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

• It is necessary to notify the employee if this is the employer’s initiative or obtain a statement from her if the employee herself wants to leave;
• Issue a dismissal order indicating the date, full name of the employee and due payments. The order must be signed by the manager and employee;
• Filling out an employee’s personal card;
• Making entries in your personal file;
• Performing payout calculations;
• It is advisable to fill out the employment report one day before dismissal; information about dismissal on the basis of which article and for what reason must be included in the document. The employee must review the record and sign the document.

Illegal dismissal

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

In this case, the employee will be reinstated in her workplace.

Conclusion

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

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

Can a woman in a position be fired? They can... There are a number of nuances in the current legislation regulating this area. They are the ones who are guided by them.

Pregnant women are protected by law

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

The Labor Code of the Russian Federation is the main protector of this category of women, because employers are often not interested in maintaining a job for a woman who will be on maternity leave.

The reasons for such actions by the employer are the following: providing special working conditions for a pregnant woman and paying cash benefits that a woman is entitled to after giving birth, plus searching for a new employee who will be assigned a salary (it turns out that the employer incurs losses in terms of cash payments). The reasons for this may be the presence of any conditions, but will they be legal?

Is it possible to fire a woman who is expecting a child?

The Labor Code provides a clear list of reasons why an “ordinary” employee quits (and the list specified in the code is not complete). There are six in total:

1. the contract has expired;
2. the employer may initiate dismissal;
3. dismissal of a pregnant woman on her initiative;
4. dismissal due to termination of employment obligations for reasons that do not depend on the wishes of the parties;
5. dismissal due to violation of the rules of the employment contract by one of the parties.

How to fire an expectant mother? In practice, this is a very complex process that can occur in isolated cases mentioned above. For example, it is not possible to deprive a woman of her job on the initiative of a manager, since this is strictly prohibited by law.

Dismissal is possible only in the following cases: during the liquidation of the organization in which the woman worked (in this case, the liquidation must be complete and not partial) and in the event of termination of the economic activities of the entrepreneur who provided her with a job (for example, a private entrepreneur went bankrupt).

Don't let yourself be deceived

Pregnancy cannot be grounds for dismissal

It must be remembered that a pregnant woman is prohibited from being fired in the event of the liquidation of one department or division where she directly performed her work. If such a situation arises, she must be sent to another existing structural unit, and the transfer must be carried out while maintaining the salary.

But often women are not aware of these nuances and therefore are forced to sign documents related to their dismissal. Also, women preparing to become mothers do not have the right to be deprived of their jobs as a result of changing the name of the company or the form of its management - these points are also clearly stated in the law.

In cases of change of management or the entire staff of employees, the expectant mother cannot be fired since such changes do not meet the definition. Even when they try to hide the truth from a woman, she can always get to the bottom of the truth by contacting the tax authority at her place of residence and asking for an extract from the state register of legal entities.

Don’t forget – this service is provided on a paid basis, and the necessary certificate is provided within seven days from the date of application. Also, to obtain the necessary extract, you need to provide the tax authority employee with certain information about the organization where you work: the state registration number of the company and the private taxpayer number, which is assigned to the company when it is registered. This information will be more than enough to find out what exactly is happening with the organization and whether its manager has the right to fire a pregnant lady.

Dismissal on the personal initiative of a pregnant woman

A pregnant woman may request a transfer to “light work”

Termination of the employment relationship is possible on the initiative of the pregnant woman. But it may turn out that HR department employees may refuse to sign an application submitted by a woman, which states that she wants to stop working in the organization at her own request.

In this case, specialists must provide a link to the Labor Code of the Russian Federation, which prohibits the dismissal of this category of persons. But such actions will be unlawful since it is the law that states that a pregnant woman has the right to terminate her work activity for the above reason.

Can a pregnant woman be dismissed in cases of mutual agreement between the parties? Of course it can, in this case the dismissal process is not complicated by any circumstances. It is important to remember that in cases where a woman expresses a desire to leave the workplace of her own free will, the law is always on her side. Thanks to this, he can quit for a number of personal reasons - for example, if it is possible to move to another job or due to a desire to change working conditions, etc.

In other words, a woman has the right to say goodbye to her employer due to her unwillingness to work in this company or due to medical contraindications to this type of work. But in cases of dismissal due to gross violations of the terms of the employment agreement, the employer may be punished for this.

feel the difference

If you were engaged in labor activity on the basis of a fixed-term employment contract, the legislation applies differently. Two cases are possible:

1. A woman works - here a woman’s position provides the opportunity for further work since she cannot be fired. But at the same time, she must submit an application with a request to extend the term of the contract (the application must be accompanied by a corresponding certificate that confirms the interesting position and duration of pregnancy). If the certificate is missing, the employer reserves the right to refuse the woman (dismiss her). An important nuance is that the employer has the right to fire a woman after the child is born (in the event that the contract that was extended before the birth has expired).
2. A pregnant woman works instead of an employee who is absent (for example, on maternity leave or on long-term leave). If these conditions are met, the woman may be fired and her position will not be the basis for continuing her labor obligations, since the contract stipulated that she fulfills her duties until the specialist she replaces leaves. But there is no need to rush, because in this case there are also certain nuances - if a woman wants to continue working in this organization, she cannot be deprived of her job just like that. The employer must offer her several different options that correspond to the pregnant woman’s qualifications. If there are none, he reports this in writing. True, many company owners forget, purposefully forget about this condition so that the pregnant woman cannot