Today, Art. 261 of the Labor Code of the Russian Federation with comments. This paragraph indicates an important point - termination of the contract with women who are either raising a minor child up to one and a half years, or are in an "interesting position". The thing is that such employees are not too fond of dealing with. The employer has many problems. And most of the features are spelled out in article 261. What rights do pregnant women have? What should the employer prepare for? Read more about all the features of terminating a working agreement with women in an “interesting position”!
Employer initiative
Article 261 of the Labor Code of the Russian Federation with comments (and without them) first indicates a case that is often used by employers. But not in relation to subordinates with pregnancy. The thing is that, according to the established laws, the boss has the right on his own initiative to terminate relations with any employee for one reason or another.
But not in relation to pregnant employees. Art. 261 of the Labor Code of the Russian Federation (with comments) dictates the impossibility of dismissing a woman during her pregnancy. That is, even if a citizen does a poor job, it cannot be removed from her duties on her own initiative. True, there are exceptions.
Liquidation
For example, termination of activity as an individual entrepreneur. In Art. 261 of the Labor Code of the Russian Federation (with and without comments - this is not so important) there are only two options for terminating the contract with the pregnant woman on the initiative of the employer. The first case is when the boss was an entrepreneur, and now he stops his activities. In this situation, termination of employment is possible. After all, in fact, the employer is simply being eliminated, it will not exist.
Also, Article 261 of the Labor Code of the Russian Federation (with and without comments) regulates that between the head and the pregnant woman, in the event of liquidation of the company, the previously concluded contract on the performance of official duties may be terminated. The meaning of this action is similar to the abolition of IP - the corporation ceases to operate. Accordingly, she does not need workers.
Contract expiration
What other features should you pay attention to? Russian legislation protects the rights of pregnant women. It turns out that no one can just dismiss such an employee. What to do if an urgent contract was concluded with a subordinate?
This situation is ambiguous. Art. 261 of the Labor Code of the Russian Federation with comments indicates that if the agreement concluded between the employer and the employee comes to an end, the former may dismiss the citizen. But he does not have the right to refuse to extend this agreement if the pregnant subordinate herself wants this.
How to express this paragraph in simple words? When a fixed-term contract comes to an end during the pregnancy of the employee, the latter has the right to write on her own initiative a statement that will show a desire to extend the contract until the end of the "interesting situation".
Quite often, the employer provides maternity leave. If we are talking about the termination of the employment contract due to the date of termination, in this case, the extension of the relationship between the employee and the boss should be extended until the end of the "legal rest".
Pregnant women must provide medical reports on their state of health (in fact, on the course of pregnancy). This is done at the request of the employer, but not more often than once a trimester (once every 3 months).
Fixed-term contract and actual work
But here there are some features. Which ones? It is already clear that if the labor agreement comes to an end, the employee can extend it either until the end of pregnancy, or until the end of the vacation associated with caring for the baby. It all depends on the situation. Only this does not cancel the possible dismissal.
Why? Article 261 of the Labor Code of the Russian Federation (with comments) indicates that if a subordinate fulfills her duties even after pregnancy, the employer may terminate business relations with her due to the expiration of the labor agreement.
There are some time limits. The boss will have only a week from the day when he was supposed to find out or actually found out about the end of pregnancy subordinate. It is these rules that currently apply in Russia.
Instead of others
It often happens that a fixed-term contract is concluded with an employee who will work instead of a temporarily absent employee. This fact should be considered. Especially when it comes to a pregnant subordinate.
Indeed, in this case, the boss has every right to terminate the agreement. Just do not rejoice so quickly - if the pregnant woman wrote a written consent to the transfer to a less paid position, termination of employment is prohibited.
With all this, Art. 261 of the Labor Code of the Russian Federation (with and without comments) forces the employer to offer vacancies to women workers without fail. True, a woman should cope with official duties for health reasons. For example, a pregnant woman cannot be offered a job as a loader.
Vacation and breadwinner
What else should you pay attention to? Art. 261 of the Labor Code of the Russian Federation with comments (part 3) indicates the particulars of dismissing a pregnant woman hired for someone else’s position temporarily. It turns out that the employer is able to remove the subordinate from official duties, but before that, he is obliged to offer the employee a less senior or less paid position. With its refusal, an official opportunity arises for terminating the labor agreement.
But what if the woman is the only breadwinner in the family? Provided that she has a child under 3 years old or a disabled child. Or if the mother takes care of a young child (citizen under 14 years old). In this situation, the employer again receives restrictions on actions. The thing is that if the second parent of the child does not have an employment relationship, then the mother-nurse cannot be fired on her own initiative. Except as otherwise provided.
Own wish
Nevertheless, comments on article 261 of the Labor Code of the Russian Federation indicate that the employer does not always have to put up with pregnant women at work. The thing is that the boss on his own initiative cannot terminate the employment relationship with a subordinate who is in an "interesting position". This is understandable - they try to protect girls in Russia. During pregnancy and childcare, this category of citizens is in a vulnerable position.
But what if the woman decides to leave the place of work on her own? All in the article under study there is no mention of cases in which it is proposed to terminate the employment relationship on the initiative of the pregnant woman.
It's simple - in this case, citizens have the right to resign. That is, if an employee who is in an “interesting position” decides to quit, she has the right to do so. The main thing is for the employer to receive a statement stating "Dismissal of their own free will." There are no other simple solutions to this question.
About earnings
Some are interested in making money. Indeed, during pregnancy, citizens often lose their full capacity for work. So, they work worse. The Labor Code even contains rules that indicate the rights of pregnant women to light work and part-time work. In fact, citizens begin to work worse and shorter in duration. It is logical to assume that their earnings should fall.
But it’s not so simple. What does article 261 of the Labor Code of the Russian Federation provide for (comments)? Indexed wages may decrease. But only by personal agreement with an employee. And in exceptional cases.
What does it mean? The employer is obliged to keep the previous earnings for the pregnant woman. The only exceptions are cases when the head suggested the employee to transfer to another position with lower earnings in case of expiration of the fixed-term contract concluded for the period of absence of one of the previous staff. Only with the written consent of the employer does the right to a reduction in earnings appear. In practice, this is extremely rare.
Not for all
What else do the comments on article 261 of the Labor Code of the Russian Federation indicate? With comments, some features of certain laws in force in the country are revealed. It has already been said that if a mother takes care of a young child or a disabled child, as well as if she has children under 3 years old, then no one can dismiss such an employee. This is how the article governs.
At the same time, it violates the equal rights of all employees. Why? The Labor Code states that the only breadwinner represented by a woman with children cannot be dismissed on the initiative of the employer. And at the same time, nothing is said about the father, who can also take care of minors at the same time, work and be the only money-giver. It turns out that women have more rights.
Nice exceptions
And the employer does become virtually powerless. He is not capable of legally dismissing a pregnant woman if she has not expressed her desire to terminate her duties on her own. Just do not be upset. After all, the comments on article 261 of the Labor Code of the Russian Federation have several points at which legal rules can be circumvented. What is it about?
The thing is that you can fire any subordinate during the liquidation of the organization. Moreover, this rule applies even to pregnant women. This has already been said. What's next? In the comments on the article under study, the Labor Code of the Russian Federation indicates several more points that make it possible to remove even a woman in an "interesting position". Which ones? It:
- Repeated failure to perform official duties without good reason.
- Acts committed several times that violate the regulations established by the employment contract.
- If an employee working in the field of education commits an immoral act.
- The use of violence (physical or psychological) to employees of educational and educational institutions against students.
For all of the above reasons, you can fire any frame. Even a pregnant woman. The main thing is to have evidence of the violations committed. The main task of the employer in this case is to prove illegal actions on the part of the subordinate.
Not only for pregnant women
What else should you know about the issue under study? Art. 261 of the Labor Code of the Russian Federation with comments - a guarantor of the protection of the rights of women upon dismissal in certain cases. The country's legislation provides for the above features not only for girls in an "interesting position". Who else is covered by the article? It:
- Firstly, they are citizens who have children who have not reached the age of 3 years. Especially if the second parent does not work officially.
- Secondly, girls who care for a newborn up to 1.5 years.
- Thirdly, employees who care for children with disabilities or have in the care of minor minor children.
Accordingly, all other citizens cannot use these privileges. What else do the comments on article 261 of the Labor Code of the Russian Federation indicate? There are some features that have not been previously considered, but are extremely important for the employer.
Chief Responsibility
Comments Art. 261 of the Labor Code of the Russian Federation is what helps to fully understand the termination of employment with the boss in relation to a pregnant woman. It turns out that the employer does not have the right to independently terminate the contract previously concluded with the girl. Unless in exceptional cases, which in practice are extremely rare. But if an employee who is in an “interesting position” writes an application for dismissal on her own and indicates it there as a reason “of her own free will”, she can be completely removed from her labor duties.
What if the employer violates the rules established by law? It should be reported. After that, the chief, who disobeyed the rules established by the Labor Code of the Russian Federation, faces a certain punishment. This is a fine in one size or another.
How much to pay? That's a moot point. Article 261 of the Labor Code of the Russian Federation (whether it is commentary or not is not important) provides for a pecuniary punishment of up to 200,000 rubles. But this is far from the only form of responsibility assigned to the employer. Instead of a fine, he can be sentenced to community service, expressed as compulsory labor for up to 360 hours. Or recover in favor of a pregnant woman the employer's earnings for 1.5 years. The punishment will be assigned by the court individually.
When should you really be afraid of this responsibility? If the employer:
- Refuses without good reason to hire a pregnant woman. Every citizen has the right to employment. And pregnancy is not a hindrance to work. The main thing is that the vacancy should correspond to the state of health of the potential employee.
- Dismisses a pregnant woman on her own initiative without good reason.
- “Surviving” the employee from her place and in every possible way forces her to write a leave of her own free will.
- Does not accept girls with young children. There is an exception - if there are good reasons for refusing, there will be no liability on the employer.
Now it is clear what is provided for in Art. 261 of the Labor Code of the Russian Federation comments. The amount of indexed wages cannot be reduced due to the pregnancy of an employee. This is possible only on her own initiative or with written consent. In general, pregnant women should know their rights when leaving. Only then will justice be achieved. If a citizen was fired or forced to quit on her own, you can complain about the boss. Unfortunately, in Russia, many employers are trying to violate the rules established by Article 261 of the Labor Code of the Russian Federation. In this situation, the rights of a woman in an “interesting” position should be fully defended.