Termination of employment gives citizens a lot of trouble. Especially to the employer. After all, the boss must not only find a replacement for his subordinate, but also observe the rules for dismissing workers. This is not always easy to do. There are some categories of people who are legally granted special employment rights. Therefore, today we will try to find out how the dismissal of a pregnant woman occurs. Is it possible to get rid of this category of subordinates?
Labor Code for the Protection of Pregnant Women
To deal with the questions posed, it is necessary to study labor law. What does it say?
The dismissal of a pregnant woman according to the Labor Code of the Russian Federation is a difficult and not always possible operation. An employer can get rid of an objectionable employee in exceptional cases.
In addition, women “in position” may be asked for antenatal clinics. The employer has no right to prohibit visits to doctors during pregnancy. Nevertheless, in his authority to demand from a subordinate a certificate from a specialist or other evidence of a visit to a medical institution.
Dismissal on the initiative of the authorities
Next, we will consider possible scenarios. Is it possible to dismiss pregnant women on the initiative of the employer?
The boss has the right to terminate the employment relationship with any of his employees whenever he wants. But pregnant women are an exception to the rule.
According to the Labor Code of the Russian Federation, it is impossible to dismiss a woman “in an interesting position” at the request of the boss. This is a gross violation of the law. If the boss is about to terminate the perpetual contract, you can threaten him with a complaint to the labor inspectorate, as well as criminal liability and a large fine.
Fixed-term contract
Accordingly, getting rid of an employee who is waiting for a replenishment in the family is not as easy as it seems.
Is it possible to dismiss a pregnant woman under a fixed-term contract? Yes. The termination of the employment contract is the basis for the termination of relations with a subordinate.
Nevertheless, the Labor Code protects expectant mothers, as well as women on maternity leave. According to the employee, the employer must extend the cooperation agreement until the end of pregnancy / maternity leave. It is impossible to refuse such "bonus".
Dismissal by a fixed-term contract of a pregnant woman, if she did not want to continue to cooperate with the company, is carried out in the usual manner.
Adjustment of working conditions and relocation
In some cases, the company dramatically changes working conditions or moves to another location to continue operations. In the described situations, the dismissal of a pregnant woman is possible.
The main thing is that the chief first in writing should offer the subordinate the available vacancies and working conditions. If the girl refuses, she can be fired. Otherwise, getting rid of the unloved category of employees will fail.
Abbreviation
Planned dismissal of a pregnant woman? The Labor Code of the Russian Federation clearly spells out a number of grounds on which to get rid of a vulnerable category of subordinates. The main thing is not to violate the established procedure for terminating employment contracts.
Reduction is the time when the employer has the right to dismiss unwanted employees. For example, with insufficient skill level or seniority.
Do pregnant girls fall under contraction? Not. Under no circumstances can they reduce a woman who is expecting a replenishment in the family. If you plan to reduce the position, the employee must transfer to a suitable vacancy. But the company should not maintain salary.
According to the article
What other scenarios are encountered in practice? Some people are kicked out of companies "by article." That is, in the presence of any serious violations of the employment contract. Say, for absenteeism without reason.
The dismissal of a pregnant woman under a fixed-term employment contract takes place without any particularities. And what if the girl wants to throw out of the company for an article? Nothing. A similar scenario is not allowed. Moreover - if a girl is absent from work due to being at the procedures for pregnant women or at the doctor’s appointment, such an act will not be considered truancy. Especially when the subordinate has any evidence of visiting a doctor.
Worker's desire
The simplest scenario is leaving work at the request of a subordinate. The dismissal of a pregnant woman is allowed. In this case, as practice shows, the process goes without difficulty.
A girl waiting for the birth of a child may refuse to cooperate with the company at any time. Indication of the reason for leaving work is not required. Holding a subordinate is also prohibited.
It is this alignment that gives the employer the least trouble. Claims to the authorities in this case do not exist. The main thing is to observe a certain procedure for terminating relations. We will meet him a little later.
Other circumstances
From the foregoing it follows that getting rid of such a vulnerable category of subordinates as pregnant is problematic. However, this will still succeed. In particular, if there are legal grounds.
The Labor Code of the Russian Federation allows employers to terminate labor contracts with pregnant women if:
- liquidation of the enterprise;
- the entrepreneur ceases to operate.
In these cases, labor relations are terminated with all subordinates without exception. The company closes, no one else can work in it. Moreover, company information is deleted from the corresponding registry of organizations.
Probation
According to the Labor Code of the Russian Federation, an employer can dismiss an employee on probation. Does this rule apply to pregnant women? Unfortunately not. All the principles listed above apply to employees who are on probation. At the same time, it is important that the employer is notified of the "interesting situation" of the subordinate.
Situations that do not depend on anyone
The grounds for dismissing a pregnant woman are not as diverse as the reasons for terminating an employment relationship with an ordinary worker. Are there any other scenarios?
There are a number of reasons for dismissing subordinates in an "interesting position" who are not dependent on anyone. These include:
- reinstatement of a court subordinate at the former place of employment;
- obtaining by an employee the status of incapability to continue activities in full;
- the expiration of licenses and permits required for work in the organization in a particular position.
All these situations are not considered dismissal at the initiative of the authorities. But in all circumstances, the employer must first offer the employee other job opportunities for employment. If this item is missed, there will be a violation of the process of termination of law.
Agreement of the parties
The dismissal of a pregnant woman may be carried out by agreement of the parties. During the operation, someone (the boss or subordinate) offers his terms of termination of the labor type contract, someone agrees with the proposal or puts forward counterclaims. After consensus is reached, an agreement of the established form is concluded with subsequent dismissal.
It is desirable that the initiator of the operation was a pregnant woman. Then, in the case of an audit, the labor inspectorate will have fewer questions for the employer.
How to quit yourself
We got acquainted with the grounds for dismissing a pregnant woman. As already noted, by law, getting rid of a vulnerable category of subordinates is problematic. And it is proposed to do this only under certain conditions.
How to terminate the contract at the initiative of the employee?
This will require:
- Compose and write a letter of resignation at will.
- Contact your employer.
- Wait for the signature of the statement in the personnel department.
- Work out 14 days.
- On the day of dismissal, read the relevant order.
- Get a calculation in accounting.
- Pick up a work book, medical book and income statement.
That's all. After that, it remains only to sign in the special magazines of the employer. A citizen is fired of his own free will.
How to dismiss at liquidation
You will have to act a little differently if the relationship with the pregnant woman is terminated due to the liquidation of the company. In this case, you have to:
- In 2-3 months to notify the employee about the event.
- Issue a dismissal order.
- Wait for the signature of the employee on the document.
- Make a calculation with a subordinate.
- Make a corresponding entry in the workbook and issue the document to the employee.
- To issue and give a statement of income.
- File the employee’s personal file.
If a woman refuses to sign the order or avoids calculating / issuing documents, it will be necessary to draw up relevant acts. Without them, the process of termination of relations will be violated.
Summary
Getting rid of a pregnant employee in a company is problematic. This can be done either for the reasons described, or when the employer is not aware of the "interesting position" of the subordinate.
That is, the dismissal of a pregnant woman is allowed on the initiative of the authorities, “under the article”, due to reduction or for other reasons, but for this it will have to prove that no one was notified about the pregnancy in the personnel department. In this case, the labor inspectorate can only ask for the employee to be reinstated. But it is impossible to punish with fines or criminal liability of the head of the company.