Can a pregnant woman be fired on probation? This question is of interest to many, because pregnant women are vulnerable citizens. They are endowed with certain privileges, and especially with regard to employment. But not many people know about them, respectively, this needs to be fixed. In case of violation of rights, it will be possible to complain to the employer, and he will incur some responsibility. What rules are established in Russia regarding the dismissal of pregnant women? Is the employer able to refuse such an employee during the trial period?
Eternal problems
Employment is an important moment in the life of every citizen. Only pregnant women have problems with employers. The thing is that such employees after employment will have certain rights. About them a little later. And this will hinder, in which case, treat the subordinate in the same way as with all other personnel in the company.
Therefore, employers, in principle, do not like pregnant women too much and try not to mess with them again. Is it possible to dismiss a pregnant woman on a trial period? It is difficult to answer this question. After all, there are a lot of different situations, and depending on them, the answer to the question will change.
Probationary period: how much is required
The fact is that a trial period is something that is not always used in employment. But recently, such a measure has become increasingly popular. In order not to think about whether a pregnant woman can be fired on a trial period, it is recommended to choose a job that does not require passing this period. Just do it is not so simple.
In some cases, a trial period may be removed, but this is an extremely rare occurrence. In addition, it should be noted that sometimes not only the employer, but the pregnant woman herself may not have a clue about the “interesting situation” of the new employee. Therefore, much depends on the situation.
Not up to date
Is it possible to dismiss a pregnant woman on a trial period? In fact yes. Such an opportunity exists when it comes to a situation in which no one knows about the “interesting situation” - neither the pregnant woman herself nor the employer.
In this case, the boss has the full right to remove an employee from performing their duties both during and after the trial period. He will not bear any responsibility.
Only now, if a woman decides to recover after she finds out about pregnancy, you will have to take her back. Indeed, in Russia, pregnant women have a similar right. What exactly is it about? It turns out that the employer cannot refuse to find a pregnant woman. More precisely, it does not have the right to do so.
Up to date
In general, whether a pregnant woman can be fired on a trial period is a difficult question. So many factors can influence the answer. So, the Labor Code of the Russian Federation provides for a variety of rules on this issue. And they have to be studied by both the employer and subordinates.
If a woman was aware of her pregnancy, she should inform the boss about it. Otherwise, there is a risk of dismissal. You cannot fire a girl in an “interesting position”. Neither during the probationary period, nor after it. Only at the request of the employee herself, which is extremely rare. Therefore, if the employer and employee were aware of the pregnancy, then no one can take away the workplace from the latter.
But when a woman knew about the “interesting situation”, but didn’t inform the employer about it, and the employer removed her from work or completely broke off the employment relationship, the boss has nothing to fear. He did the law. But, again, upon request, they must restore the employee to work.
During the trial period
Can they be fired if they become pregnant on probation? Also a controversial situation. If no one knew about pregnancy, then they can fire a girl. But at her request, then there is a restoration in the workplace.
But if a woman was aware of her situation, no one is able to remove her from work. Neither during the probationary period, nor after that. It turns out that in fact the employer does not have the right to dismiss an employee who is in an "interesting position". Such a right remains with the subordinate. Can a pregnant woman be fired on probation? Not. Only at her own request. That is, if she independently writes a letter of resignation, then it will be possible to terminate the employment relationship with her at any time. And nothing more. Similar rules are indicated in the Labor Code of the Russian Federation.
Pregnancy and probation
So, if there was no personal application for dismissal from the employee herself, the answer to the question of whether the pregnant woman can be dismissed after a trial period is always negative. You cannot fire a woman expecting a baby.
And what if she already came pregnant for employment? By law, the employer cannot refuse her this privilege. That is, the workplace should be provided to a new employee in an “interesting position”. This is a fact known to all for a long time.
But can a pregnant woman be fired on probation? Not. And all this is due to the fact that the Labor Code, in principle, prohibits the introduction of these conditions for pregnant women. That is, if the potential employee is already in an "interesting position", the boss must accept her to work without a probationary period. And it doesn’t matter if there are initial tests during employment in this company or not.
But what about the tests?
There are still some nuances of the situation under study. For example, the answer to the question whether the employer can fire a pregnant woman on a probationary period will be positive provided that neither the boss nor the expectant mother are aware of the "interesting situation". And then the employer will have to restore the employee at the workplace upon request.
But what if pregnancy was already detected during the trial period? It was said that a woman cannot be fired. But at the same time, the established laws in the country cannot be neglected. The Maternity Labor Code cancels all probationary periods.
So what should a girl who found out about pregnancy during the test? She has the right either to leave work on her own or to start work. In other words, the trial period should be immediately terminated. Otherwise, you can complain about the employer.
Evidence problems
So, is it possible to dismiss a pregnant woman on probation? Not. And all tests should be stopped immediately. And if an employee is still fired, she has every right to complain about her employer. Only here one has to face one problem. It is a proof that the employer fired the employee precisely because of pregnancy and that he was aware of her "interesting situation".
Therefore, it is far from always possible to win a lawsuit. Indeed, many women hide their pregnancy to the maximum, just fearing that they will be fired as soon as they find out about it.
Reality
Can a pregnant woman be fired on probation? By law, no, but in reality, unfortunately, yes. Indeed, as has already been said, reality and legislation sometimes diverge. Employers are trying to do everything to make it impossible to prove their guilt.
Most often, pregnant women are assigned a trial period. Moreover, such an employee will have to work on the same conditions as the other subordinates. This is illegal, but this practice is common throughout Russia.
If it is necessary to dismiss an employee who is in an “interesting position”, then there are several tricks that are actively used by superiors. The first is ordinary dismissal. After all, hardly anyone will sue. Pregnant is not up to it.
The second is bringing the employee to an independent decision to quit. Also illegal, but more "honest" reception. Indeed, according to the Labor Code, one cannot dismiss a pregnant woman on her own initiative. Only at her request is this possible. So, in order not to have problems with the law, you just need to bring the person to the point that he himself does not want to work.
Temporary employment contract
Whether a pregnant woman can be fired on a trial period seems to be clear. But employers are pretty dodgy. So, in some situations, companies enter into temporary employment contracts with potential employees. All this is done in order to hide the probationary period. Accordingly, the court will have to prove that the contract is officially concluded and without this intent. This is not as easy as it seems. For example, a company should not have a trial period at all.
But you should know that even with a temporary employment contract, dismissing a pregnant woman is not so simple. Even if the employer actually concluded such an agreement with a subordinate, before the end of pregnancy, it will not be possible to exclude her from the company. Especially if the woman does not write an application for care of her own free will.
There is a way out
Do they have the right to dismiss a pregnant woman on probation? Absolutely not. But there is one exception, which in practice is extremely rare. The fact is that a pregnant woman can be dismissed only upon liquidation of the company, together with all employees. And this is the only legal basis that takes place.
That is, if we are talking about dismissal in connection with the liquidation of the organization, then pregnant women can be dismissed. The trial period is preliminarily terminated (after the submission of a doctor’s certificate confirming the pregnancy), then the girl is officially registered. And only after that there is a dismissal in connection with the liquidation of the enterprise.
Perhaps this is the only case when you really can fire anyone. Otherwise, women in an “interesting position” have special rights. Every person should know about them.
Pregnant rights
What can a pregnant woman count on? What points should you pay attention to first? Pregnant women have the right to:
- guarantee of employment;
- complete absence of a trial period;
- the impossibility of dismissal at the initiative of the employer (even with absenteeism);
- additional breaks;
- light work;
- part time;
- maternity leave;
- allocation of time to visit a doctor in a antenatal clinic;
- transfer to a more suitable position with the preservation of earnings.
If there are no vacancies that could suit a pregnant woman, you can not go to work at all and still receive money. The employer is obliged to find a place for the pregnant employee, otherwise he will pay her in full the periods during which the subordinate did not really work, but should have. Nobody can fire her. Such rules are dictated by the Labor Code.
Now it’s clear whether the pregnant woman can be fired on a trial period. By law - no, in practice, alas, this happens. Moreover, many do not hire pregnant women at all. Then with them a lot of problems for the authorities arise. And despite the illegality of such actions, no one complains about them. Indeed, even in the case of successful employment, it is possible that the employee will not be brought to a letter of resignation of her own free will.