The appearance of a child in the family is a wonderful and joyful event. But often it is accompanied by certain difficulties. For example, mom may have problems with work. Many women in the Russian Federation try to work during pregnancy and only go on maternity leave after the 30th week. Individual girls build a career right up to childbirth. But sometimes companies try to get rid of a woman in an interesting position.
Can this be done? And how is termination of labor relations with the mentioned category of workers generally carried out? Is it possible to fire a pregnant woman for absenteeism? Further answers will be given to all these questions. We have to study all the features of the termination of labor relations with a woman in a situation on the territory of the Russian Federation.
Defining truancy
The main problem is that employers have special labor relations with pregnant women. They provide for many nuances and features. They will have to comply with each company. Otherwise, the employer may be sued and tortured by all kinds of checks. Is it possible to fire a pregnant woman for absenteeism? First, find out what kind of situation we are talking about.
Absenteeism is the intentional absence of an employee in the workplace without warning the employer and without good reason for 4 hours or more. It is important to remember that truancy means an inextricable absence from work. If the employee was not present for 2 hours in the company, and then he appeared and disappeared again, such an act would not be considered absenteeism.
Ideally, for one truancy, subordinates are reprimanded or disciplined. Dismissal follows several skipping jobs. But even in one absenteeism they can kick out of the organization. But these rules apply to ordinary subordinates. The legislation of the Russian Federation calls pregnancy a special provision in which employees are entitled to many bonuses and benefits.
Respect for the reasons for the absence
The main problem associated with dismissal for absenteeism is to determine the validity of reasons for absence from the workplace. In the legislation of the Russian Federation there is no clear definition of situations in which a long absence at work is not considered absenteeism. Usually this issue is considered individually - by the court or the employer.
Most often, such circumstances are not considered truancy:
- natural disasters;
- State of emergency, for the elimination of which the presence of one or another subordinate is necessary;
- traffic jams in the city;
- problems with transport;
- Accidents
- being interrogated / under investigation / in court;
- started labor;
- other circumstances beyond the control of the employee.
But the illness of a child or close relative is not a reason for missing work. It is necessary to warn the employer about the absence from work on this or that day.
Doctors and absenteeism
Is it possible to fire a pregnant woman for absenteeism? To answer this question is problematic. Especially when you consider that a woman in a position often has to leave work for a medical examination. The employer is obliged to let pregnant women go to antenatal clinics, to receive appointments with specialist doctors and to take tests. If he keeps an employee in the company at the right time, the subordinate has the right to leave just like that.
A long absence from work due to a visit to the doctor will not be absenteeism. The main thing is to prove your stay in a medical institution. For example, take a certificate from a doctor or bring a record card to a specialist.
Important: this principle applies to all employees, not just pregnant women.
Company Conduct and Pregnancy
A pregnant employee in Russia has a special situation. It can be called preferential. After all, the legislation of the Russian Federation is trying to protect women expecting a baby. Nevertheless, the special situation of the girl does not give her the right to flagrantly violate the internal routines of the company. And if you abuse your pregnancy, a woman can be punished. This is not too frequent, but existing in practice. But is it possible to dismiss a pregnant woman for absenteeism and violation?
Bonuses for pregnant women
To begin with, let's talk about what guarantees each employer is obliged to provide to his "special" employee. Indeed, the rights of pregnant women are very often violated.
At the request of the employee, the bosses must:
- reduce the working day to 6 hours;
- reduce the period of work at the computer to 3 hours;
- release the employee from hazardous activities and physical activity;
- Do not send a subordinate on business trips and other trips;
- It is forbidden to involve pregnant women in overtime work and in night shifts.
In addition, if a girl has been working for the company for more than six months, she is entitled to paid annual leave. Not everyone remembers this.
Is it possible to fire a pregnant woman for absenteeism? And if so, how to do it? Indeed, the rights of pregnant women do not say anything about the violation of the rules established in the organization.
Dismissal for absenteeism and pregnant
In fact, everything is not as simple as it seems. In real life, employers often try to fire employees "in position" for missing work without good reason. But actually it’s forbidden to do so. Is it possible to dismiss a pregnant woman for absenteeism? Not. And for other violations of the current regulations of the company? Also no.
An employee may be fined, reprimanded, or disciplined. But it is impossible to terminate the contract due to absenteeism with the studied category of citizens. This is a direct violation of applicable law.
Ways to dismiss pregnant
Is it possible to dismiss a pregnant woman for absenteeism? As we have already found out, no. There are a number of exceptions, but more about them later. First, let's talk about how you can generally get rid of a "problem" subordinate. To do this is problematic. Especially if you comply with applicable law. Indeed, according to the Labor Code of the Russian Federation, an employer cannot dismiss a pregnant woman on her own initiative.
Termination of employment may be:
- at the request of the worker;
- by agreement of the parties;
- in connection with the liquidation of the company;
- upon termination of the IP.
There are no more options for the development of events. Getting rid of a woman in a position is really difficult. But modern employers quite often try to violate the labor legislation of the Russian Federation.
Dismissal at will
The simplest option for the development of events is the dismissal of an employee at her request. The process is carried out in exactly the same way as in the case with the termination of relations with an ordinary employee. It is forbidden to keep a subordinate at work by force. And persuade to leave work in all possible ways, too. For such acts, the employer may receive a fine and face a mass of checks.
Probationary period and pregnancy
Is it possible to dismiss a pregnant woman on probation in the Russian Federation? This question is asked by many modern employers. The main problem is that the law does not provide for pregnant women a probationary period. A woman should immediately be hired. So, there is no probationary period for the studied category of citizens in principle. And dismissals during this period can not be afraid.
Part-time job
Is it possible to dismiss a pregnant woman working part-time? This option is not too common. And therefore, not many know about it. Part-time employment provides the same guarantees as regular employment. So, just getting rid of a pregnant woman will not work. This is possible only for the circumstances listed above.
Staff reduction
And here is another interesting situation. Is it possible to dismiss a pregnant woman to reduce staffing? Absolutely not. Reducing pregnant women and women on maternity leave is prohibited. If the job is being reduced, the employer must offer the subordinate a suitable vacancy. If there are none, the employee may not go to work until she is found the appropriate position in the organization. If the proposed vacancy was rejected by the pregnant woman, and there are no other places for employment, the employer may apply for dismissal. But in real life, this is problematic.
Liquidation of a company
Is it possible to fire a pregnant woman for absenteeism in Moscow? Not. And in other regions of the Russian Federation too. It is illegal. Nevertheless, you can terminate the contract with an employee during the liquidation of the company. This event must be notified in 2-3 months. And then make compensation payments due to all employees upon liquidation of the organization.
How to fire a pregnant
Is it possible to dismiss a pregnant woman for truancy if punished by deprivation of the premium? Not. And without additional punishment it is impossible. These rules are dictated by the labor legislation of the Russian Federation. In general, you can dismiss a pregnant woman. For absenteeism or any other violation, the employer has the right to dismiss any employee. And if he does not know about the pregnancy of a worker, he is able to break off labor relations.
Important: in this case, the authorities will have to prove that the company did not know about the pregnancy of the employee. Otherwise, upon presentation of a pregnancy certificate, the subordinate will receive all the benefits laid down to her by law and other bonuses. So, the dismissal will not take place.
How to quit at will
A few words about how to leave work at will. We have already said that in the case of pregnant women, the procedure is no different from the situation with ordinary workers.
The algorithm of actions for the implementation of the task will be as follows:
- Make a letter of resignation on your own initiative.
- Submit a request to the personnel department. It is advisable to do this 2 weeks before the expected date of departure from the company.
- Work out allotted for the law 14 days. You can go on sick leave or on vacation at your own expense, so as not to encounter mining. This is a fairly common occurrence.
- At the appointed time, come to the employer for the calculation and documents.
- Get your hands on statutory money.
- Sign in special accounting journals - for the calculation and for the delivery of documentation.
That's all. In fact, termination of employment on a personal initiative is the simplest option for the development of events.
Fixed-term contract and pregnancy
Is it possible to get rid of a pregnant woman working under a fixed-term contract? A woman in the position has the right to extend the term of the agreement until delivery or until the end of the decree. If the employee does not do this, the employer has the right to terminate the employment relationship. Retain subordinates in companies is prohibited. And not only pregnant women.
Conclusion
We found out what rights women have at work in the position. In addition, all possible ways of terminating the employment relationship with the studied category of workers were presented to your attention.
In real life, it is very problematic to get rid of a pregnant subordinate. The employer will have to comply with all the rules listed above. Otherwise, the company faces a fine, verification and reinstatement of the pregnant woman.
It is recommended to negotiate dismissal with pregnant women and not violate applicable laws. And remember that for absenteeism a woman waiting for a child cannot be kicked out of the company.