Women often wonder if they can fire a pregnant woman. We have to find the answer to a similar question further. Labor relations have always bothered the population. And the dismissal is a lot of trouble for both the employer and subordinates. Violation of the established rules for termination of the employment contract entails a number of negative consequences. For example, a company may be reported. An employee who has been dismissed illegally is reinstated at his former place of employment. In judicial practice, cases are also highlighted when money is collected from a negligent employer in favor of the “injured party”. To avoid this, it is important to know the basics of the Labor Code of the Russian Federation. This code of laws spells out how to get rid of a pregnant employee without violating or infringing on the rights of the employee.
Pregnancy and Legislation
Pregnancy is a period when a woman is in a vulnerable condition. For the majority of employers, the quick replenishment of the employee's family is a lot of trouble. Sometimes a pregnant woman may be absent from work for weeks. For example, due to being in conservation. Therefore, employers often wonder whether it is possible to fire a pregnant woman.
The labor legislation of the Russian Federation protects girls in an interesting position. They are offered certain guarantees in employment. They are spelled out in article 261 of the Labor Code. At the time of the decree, the relevant guarantees also apply.
Pregnant rights
Can a pregnant woman be fired? Finding the right answer to this question is not as easy as it seems.
The thing is that according to the Labor Code of the Russian Federation, women who are on maternity or in an interesting position, the employer does not have the right to dismiss on their own initiative.
In addition, during maternity leave, the newly made mother retains her place of employment. And after the newborn reaches 3 years old, the girl will be able to return back to the company.
According to Art. 261 of the Labor Code of the Russian Federation, the severance of labor relations with pregnant women at the initiative of the employer is prohibited. That is, getting rid of the expectant mother is problematic. But you can still do it.
Reasons for dismissal
We have already studied some guarantees for pregnant women and persons with family responsibilities when terminating the employment contract. It follows from them that just getting rid of the expectant mother is problematic. In any case, legally.
Nevertheless, it is still possible to terminate the employment contract with the category of subordinates under study. For example, if:
- the company is being liquidated;
- an urgent contract was concluded by which a woman worked;
- an employee who was replaced by a pregnant woman went to work again;
- the employer closes the company.
What happens if the organization plans to reduce? Such an act is not regarded as the basis for dismissal of a pregnant woman. A woman who is waiting for replenishment in the family needs to "hold" a place. If there is a reduction in position, you will have to offer the girl another suitable position for her. These are mandatory conditions dictated by the Labor Code of the Russian Federation.
Own decision
Can a pregnant woman be fired? Yes, but doing this is extremely problematic. The legislation of the Russian Federation provides for only a few cases in which it is possible to break off any business relationship between a company and a girl who plans to become a mother soon.
Another reason for the implementation of the task is the employee’s personal desire. Pregnant women can leave of their own free will at any time. Holding a subordinate is prohibited.
Agreement between the parties
Is there a dismissal of a pregnant woman by agreement of the parties? Yes, but this scenario is extremely rare.
In the course of such an operation, one of the parties offers its own conditions under which it is ready to say goodbye to the "partner", the other agrees with them or puts forward other requirements. After consensus is reached, the subordinate signs the termination agreement by agreement of the parties.
That's all. All that remains is to pick up the documents required by the woman, as well as the money. The main thing is to carry out the procedure in compliance with the established rules. And it is better that the initiator of the termination of the employment contract was a subordinate.
Violations and leaving work
Can a pregnant woman be fired according to the article? A similar question arises among many employers. For example, when a woman is absent from the workplace for a long time or goes for a medical examination.
According to the Labor Code of the Russian Federation, the dismissal of a pregnant woman under the article is not allowed. Any court regards such a move as a unilateral break on the part of the firm. And this, as we have already found out, is prohibited.
Moreover, the employer must release the pregnant woman to the antenatal clinic and other medical examinations. If a girl left the workplace on her own and went to the doctor, such an act would not be considered truancy. The main thing is to provide evidence of a visit to a specialist. This can be a coupon for an appointment or a certificate from a gynecologist.
Other reasons for terminating the contract
Can a pregnant woman be fired? As we have already found out, a similar situation takes place. But in order to bring it to life, the employer will have to try pretty hard.
Are there any other reasons for getting rid of a pregnant subordinate? Yes. These include:
- dismissal in connection with the transfer to another company at the request of the girl;
- refusals to transfer to another position for medical reasons;
- refusal to move with the employer to another locality;
- dismissal due to change of ownership of the organization;
- unwillingness of the employee to work in the company in connection with the introduction of any changes to the employment contract.
These points are exceptional. They are not so common. Therefore, we will consider more common methods by which you can break off any employment relationship with a girl in an interesting position.
How to quit yourself?
Can a pregnant woman be fired? Yes, especially if the initiator of the termination of employment is a woman.
How to leave work independently? The slave will have:
- Make a statement "on your own."
- Contact your employer.
- Wait for the signing of the statement by the authorities.
- Receive at the appointed time the calculation, as well as other documents required of the citizen at the time of leaving work.
- Put signatures in magazines on receipt of documentation.
- Sign in the order.
Will the girl have to work out the required 2 weeks? If a girl quits before maternity leave, yes. Otherwise, no one has the right to call a subordinate for practice.
Elimination and Pregnant
You can dismiss a pregnant woman in exceptional cases. Typically, the breakdown of the contract with the studied category of subordinates is carried out at the initiative of employees.
Nevertheless, during the liquidation of the enterprise, the employer dismisses all of its employees. Records are entered in the work books.
According to Art. 261 of the Labor Code of the Russian Federation, a pregnant woman under similar circumstances can also be removed from work. This will require a specific set of actions.
It comes down to the following steps:
- Send a notice of liquidation of the enterprise. This must be done in advance.
- To familiarize the pregnant woman with the dismissal order.
- Give subordinate the documents laid to her, as well as carry out the calculation.
- Hem a personal file of a worker.
When a company is liquidated, employees are often required to not only pay for hours worked and unused vacation, but also compensation from the employer.
How to get rid of a subordinate: tips
Cancellation of a work contract with a girl in an interesting position requires great attention from the employer. Often firms use a variety of methods in order to get rid of an objectionable subordinate.
What tips will help to cope with the task? Not all proposed tricks are honest. Nevertheless, they are used in practice more and more often.
Here are a few recommendations that are in demand among firms:
- To incline an employee to dismiss "on her own". In this case, blackmail, threats, as well as infringement of the legitimate rights of a subordinate are often used. In the end, the girl gives up and just leaves the company.
- Arrange with the pregnant woman for dismissal by agreement of the parties. Usually this arrangement is not of interest to employers, because it almost always involves damage to the company in favor of the employee.
- Do not hire an employee in an interesting position to work. Such an act is a direct violation of the laws prescribed in the Labor Code of the Russian Federation. Nevertheless, the employer may refer, for example, to the lack of qualifications of a potential employee, so as not to take her to the company. The main thing is not to report that the cause of the failure is pregnancy.
- Terminate the employment contract with a subordinate at the request of the employer, referring to the fact that the boss did not know about the position of the woman. Often, girls hide pregnancy to the maximum. And if the employer did not know about the interesting position of the subordinate, he can terminate the employment relationship with her. The main thing is to prove that the personnel department did not inform about the imminent replenishment in the family of one or another female worker.
Punishment for violation of TC
What punishment does the employer face if it violates the rules established by law?
You can bring the head of a company or entrepreneur to criminal liability. In addition, the boss may be fined 200,000 rubles (or other income for 1.5 years). The employer is also entitled to assign compulsory work. Their term may range from 120 to 180 months.