It so happens that in Russia a pregnant woman is a “steadfast tin soldier.”

She is concerned not only about the fact that she is rapidly gaining weight and that it is uncomfortable to sleep, but also about the question of whether it is possible to fire a pregnant woman, to what extent this is possible and under what articles of the Labor Code.

Let's try to analyze the opinions of legislators and compare them with the point of view of the owners of firms and enterprises.

Is it possible to fire a pregnant woman? In what cases is it possible?

Every employer must understand that the expectant mother is an almost untouchable employee. She cannot be threatened with staff reductions, department reorganization, or company mergers. On the contrary, the owner of the enterprise is obliged to transfer the expectant mother to light work, not burden her with tasks, and allow her to rationally use her rest time. All this happens subject to the established salary, job benefits and bonuses.

The only problem in the fate of the “new mothers” is the complete liquidation of the enterprise due to bankruptcy. There is no arguing here whether a pregnant woman can be fired or not. If a bankrupt employer complies with several formalities, then the law is on his side. This includes:

1) written notification to all employees of the institution, without exception, 2 months before the expected date of liquidation (closing) of the company;

2) preservation of all previously recorded severance payments;

3) payment for a certificate of incapacity for work, if it is presented.

When a record of the termination of the existence of an enterprise appears in the Unified State Register of Legal Entities, then the pregnant employee will be considered dismissed under Article 81 of the Labor Code and receive the status of an unemployed citizen. After this, further parental leave and child benefits are accrued and paid at the minimum amount.

Another case when the situation of whether it is possible to fire a pregnant woman is interpreted ambiguously: the woman is employed on a temporary basis (during the absence of a permanent employee). In this situation, she becomes vulnerable, and her responsibilities include vigilance and notifying the head of the company about her future intentions. Firstly, she is required to present a certificate from an obstetrician-gynecologist every three months about the status of her current pregnancy. Secondly, women are recommended to inform in writing of their desire to work until the birth of the baby. Under these conditions, her place is reserved.

How to behave if an employee, in whose place a woman with a small or already large belly works, has been reinstated by a court decision? There is nothing you can do, if there are no vacancies, you will have to accept defeat.

Is it possible to fire a pregnant woman? In what cases is it not possible?

Labor legislation provides for many objective reasons for the dismissal of ordinary employees. These are violations of labor discipline, absenteeism, conflicts of interest, theft of organization property, disclosure of personal data. Is it possible to fire a pregnant woman for a long absence from work or another similar offense? Obviously you can't. The boss is only allowed to announce a disciplinary sanction, issue an order for a reprimand and a reduction in bonuses. However, if a woman can prove that she spent hours away from the clinic, in the ultrasound room, then she will not be punished even in this way.

For theft of property, personal interest, leakage of personal information, evidence is needed, evidence from a PC, from CCTV cameras. This procedure is a matter of litigation that lasts more than six months. Of course, when it comes to criminal prosecution and imprisonment, the expectant mother's chances of a serene career become zero. So you shouldn't take risks. And what kind of future mother will behave “not according to the norms of the law” when she knows that an innocent child will pay for the mother’s mistakes?

Is it possible to fire a pregnant woman? How should you act to protect your rights?

A common situation is that an employer persuades a pregnant woman to quit her job. at will(by agreement of the parties). What to do in in this case? For a pregnant woman, it is important to be patient and do yoga and find like-minded people. But, under no circumstances should you write a statement!

It happens that psychological comfort for the expectant mother is more important than the search for the truth. If suddenly a woman signed a document expressing her will, then she has the right to withdraw her statement within 2 weeks. You just need to do this in writing by registering a duplicate of the form with the secretary-clerk.

If suddenly “without five minutes a woman in labor” was fired under Article 77 of the Labor Code, then only a competent court can restore her to her job. In the courthouse, a pregnant woman can easily prove that she was forced, coerced, or provoked to take such a decisive action. A judge would rather take the side of a person who is still vulnerable than the side of a stupid and calculating owner.

Thanks to the efforts of legislators, the threats of a stupid employer will not come true. Any pregnant woman has the right to contact the labor inspectorate or prosecutor's office. This will be fraught with an unscheduled inspection of the activities of the owner of the company. And there they will find so many violations that it won’t seem enough!

Compared to previous years, modern Labor legislation, of course, more reliably protects a pregnant woman from the arbitrariness of the employer and guarantees her certain rights. But still, sometimes there are cases when pregnant women are fired, and on completely legal grounds. Despite the fact that these cases are rather an exception to the norms established by law, it would not hurt to learn about them in more detail.

Dismissal due to expiration of the employment contract

An employer does not have the right to dismiss a pregnant employee, even if her employment contract has expired. By law, the employer is obliged to extend the employment contract, thereby retaining the pregnant woman’s workplace. The responsibilities of a working expectant mother include providing the employer with a certificate of pregnancy and a corresponding statement.

The employee must provide a certificate confirming pregnancy to her employer upon request, but no more than once every three months. At the end of the pregnancy (if the employment contract has expired by that time), the employee can be legally dismissed by the employer.

Dismissal of a pregnant woman who was replacing an absent employee

If the employment contract of an employee who is temporarily working at the company has expired, the employer has the right to fire her. This provision of Labor legislation also applies to pregnant women, however, the employer is obliged to offer a pregnant employee another position.

This can be either a vacant lower position or a position corresponding to her qualifications. Dismissal of a pregnant woman is possible only if she refuses this offer or if the enterprise does not provide positions that a “pregnant” woman can perform the duties of.

Another case when an employer can fire a pregnant woman legally

Dismissal of a pregnant employee is possible in the event of complete liquidation of the enterprise, its branch or representative office. When dismissing an employee, the company must pay her monetary compensation, the amount of which corresponds to one monthly salary and two monthly salaries for the period of job search.

It is important to know that employees of enterprises that have been liquidated are entitled to all social benefits for child care.

Can a pregnant woman be fired from her job? - a question that worries tens of thousands of working women. Why is it unprofitable for enterprises to have maternity workers on staff, and how to properly carry out the dismissal process? Let us understand the intricacies of labor relations.

The state guarantees pregnant women protection at the legislative level from illegal actions of their superiors. Failure by the employer to comply with the prescribed standards regarding this category of subordinates may become a reason for bringing him to justice, even criminal liability.

Why then do many managers consider keeping a job for a woman on maternity leave too troublesome and try different ways dismiss such an employee from the company's staff?

The arguments they give in justification are as follows:

• additional expenses falling on the shoulders of the employer - compensation payments, sick leave, contributions to the social insurance fund (you have to wait several months for their reimbursement from the state);
• decreased performance of a pregnant woman (often it is necessary to shift some of the responsibilities assigned to her to other colleagues or transfer her to easier work);
• searching for temporary replacement personnel for the period of employee leave regulated by the code.

Therefore, the practice of dismissing pregnant workers is common among businessmen. Legal ways solving the issue further.

Dismissal of a pregnant woman at her own request

The most correct way to say goodbye to a subordinate. If the parties part without mutual claims, the person expresses his own will, and not the will imposed by his boss - all questions disappear.

It is important that the pregnant woman knows that she can change her decision within two weeks from the date of filing the application.

Agreement of the parties - what the wording hides

Termination of an employment contract under Art. 78 TC is beneficial to both parties. The manager has the right to offer a woman monetary compensation (the amount is not limited), in addition to all compensation approved by the Labor Code.

By registering for unemployment, a person dismissed under an agreement receives an accrual of insurance payments from the day she is entered into the Central Employment Register.

However, when agreeing to terminate the contract, the pregnant woman must understand that she will not be able to terminate such an agreement, just like, in principle, the employer.

Dismissal of a pregnant woman during liquidation of an organization

This method of severing labor relations is possible if the enterprise has ceased to exist legally. Liquidation of branches, reorganization, and staff reductions do not fit this concept.

Remember, according to Art. 180 Labor Code, all employees of a liquidated company are notified two months before forced dismissal in a written document (under signature).

At the same time, Art. 178 of the Labor Code obliges the manager who is winding down the business to issue benefits to employees while maintaining the average monthly salary for up to 2 months, until a new job is found by the laid-off employee.

When is it illegal to fire an expectant mother?

Any cases of dismissal of a pregnant woman, except those discussed above (her own expression of will, liquidation of a legal entity) are considered illegal. These are the main complaints that women carrying a baby under their hearts address for legal advice, and explanations for them:

1. Is it possible to fire a pregnant woman during a probationary period?- It is forbidden. This term does not apply to pregnant women; moreover, pregnant women cannot be assigned a probationary period. If a pregnant woman declared her condition during the probationary period, she must be given a job. This is mandatory even if the results of the interview and activities during the probationary period did not meet the employer’s requirements.

1. Can an employer fire a pregnant woman for failure to fulfill her job duties?- Can not. Maximum - .

1. Does an employer have the right to fire a pregnant woman and terminate labor Relations if the fixed-term employment contract has expired?- No. The employer extends the validity period until the logical completion of pregnancy (Article 261 of the Labor Code of the Russian Federation). Reason: written statement from the employee and a certificate from a medical institution

1. Is it possible to fire a pregnant woman by issuing an order to dismiss a pregnant woman temporarily occupying the position of another woman if she has left the job? maternity leave? - No. The manager is obliged to provide an additional workplace to the pregnant woman until the date of her departure.

Methods of putting pressure on a subordinate in a position and methods of protection

Unfortunately, future mothers rarely decide to confront employers who require them to agree to voluntary dismissal, because the manager has certain levers of influence in his arsenal - here are some of them.

The law prohibits dismissing someone on maternity leave for failure to comply with labor discipline, but the employer has the right to regularly fine, deprive bonuses or impose penalties on undisciplined employees.

Therefore, if before pregnancy an employee committed some violations (often being late, not completing assigned tasks, violating instructions), she will need to thoroughly study the company’s charter and comply with it exactly.

The extreme measure of some directors is to eliminate the position occupied by the pregnant woman. In return, the woman is offered a vacant position where either the salary is lower or the functional responsibilities are radically different.

What can a pregnant woman do if she is forced to leave?

1. For many, filing a sick leave helps many people work before an official maternity leave - fortunately, pregnant women have a lot of medical indicators for this (from a common cold to the threat of miscarriage).
2. The Labor Code grants those going on maternity leave the right to take annual leave (regardless of the time they work at a given enterprise) - you can take the required days off by writing a statement addressed to the director.
3. If a woman understands that the case may end in court, it would be useful to take copies of orders on fines and reprimands, and enlist the support of colleagues who are witnesses to the boss’s illegal actions (insults, threats, etc.).

How to challenge the dismissal of a pregnant woman - under what article?

Labor guarantees for working pregnant women are prescribed by Articles 259, 260, 261 of the Labor Code of the Russian Federation, as well as Art. 145 of the Criminal Code of the Russian Federation. All arising disputes and actual violations are considered by the court.

Every employer who employs representatives of the fair sex should know how to properly fire a pregnant employee.

The ladies themselves must remember: when making a diagnosis: “Pregnant,” you provide the director medical document with a doctor's certificate!

Motherhood is wonderful! And every woman knows about this. Expecting a baby is a magical time when it is very important for the expectant mother to feel peace, tranquility and be happy. IN modern world career is one of the defining words of life. Therefore, many expectant mothers continue to work until late.

However, very often situations arise when pregnancy entails dismissal. If you look at it, there are a number of situations in which the dismissal of a pregnant woman is quite possible, but whether you fall under this list is another question. Before you give up, you need to study what the law says on this matter.

When is it wrong to fire a pregnant woman?

Can a pregnant woman be fired from her job?

There are a number of reasons that are not serious grounds for dismissal of an expectant mother:

• Unreasonable desire of the employer;
• Inability to perform work duties (for example, if the work includes heavy lifting, which is excluded for pregnant women);
• If the expectant mother is on a probationary period and, when pregnancy occurs, begins to show unsatisfactory work results;
• If there is another employee with whom the work was carried out part-time for the benefit of this employee.

All this is valid if there is an official document issued by the antenatal clinic confirming the pregnancy of the expectant mother. In addition, the employer must also be notified as soon as possible.

In most cases, no one has the right to fire someone just like that, but ruining your life is quite possible. The employer may apply various penalties (cancellation of bonuses, reduction wages etc.), if he has all the evidence that the work has become ineffective.

When can you fire a pregnant woman?

At the same time, the dismissal of the expectant mother is quite possible if the employer can prove that she has caused serious harm to the company. For example, when committing corporate crimes. Naturally, all this must be officially confirmed.

It is worth noting that the interesting position of the expectant mother is a powerful argument for the forgiveness of many offenses - absenteeism, failure to fulfill duties, theft of property - all this is a reason for fines, but not for dismissal. Even the disclosure of corporate secrets is not a sufficient reason.

If the company where the expectant mother works ceases to exist, then all employees are laid off, regardless of their position. However, a planned reduction of a pregnant girl is simply impossible.

If the expectant mother works under a contract, and it ends in the near future, then you have every right to extend it, and no one can refuse this. If you yourself refuse, then the dismissal will occur on completely legal grounds.

Controversial issues such as change of management, company reorganization, etc. are also not a sufficient reason for deprivation of work.

Most employers, who for some reason do not want to keep a pregnant woman on their staff, require you to write a letter of resignation of your own free will. If you write it and then change your mind, then there is only one option - to withdraw it within two weeks. True, in this case, if your place has already been taken, then an offer to transfer to another area or to another office is possible. If you refuse such an offer, dismissal will be carried out on legal grounds.

Where can we get help?

All rights of pregnant working women are protected by the federal labor inspectorate. If conflicts or disputes arise, you can contact this organization. A detailed check of the employer, company, and the legality of their actions in general and in relation to you will be carried out. In addition, it is also possible to appeal to the prosecutor's office or district court. In any case, you must have evidence of a violation of the law (this is especially important for the court) - witnesses, documents, etc.

You can submit a request to review the legality of your actions while you are working at the company, and if you have already been fired. In any case, a request to review the legality of the actions must be submitted within three months from the moment the actions were committed.

The labor inspectorate may issue a resolution to reinstate the dismissed employee and pay moral compensation. In addition, the employer himself may be fined or even suspended from work, depending on the severity of the violations discovered during the inspection.

Important points

Even if the dismissal of a pregnant woman occurs legally, a warning about this must be given at least two months in advance.

All this time, the expectant mother must receive a salary of at least the average for the last year.

If you work in a position that requires difficult working conditions, you must submit a petition to mitigate these conditions. The employer will be obliged to find an easier position with the same salary or completely release him from work under the same conditions.

What follows from this?

Let's summarize. If you are working and suddenly find out that you will soon have a baby, then there is no need to panic. To keep your job, first of all, you need to notify your employer about your interesting situation and support this with a certificate obtained from the antenatal clinic.

If management tries to fire the expectant mother without good reason, then the best thing you can do is not to give these reasons and seek help from the relevant law enforcement agencies, who will check the legality of your employer’s actions. In the vast majority of cases, the law will be on your side.

However, it is worth considering whether you want to continue working in a place where there will already be complicated relationships.

Although, during maternity leave, a lot can change - from the general operating system of the company to the management.

Thus, the decision whether to stay with the company or quit is entirely up to you.

IN last years Information has repeatedly appeared about the development of bills, the authors of which wanted to force employers to pay personal income tax on the income of their employees not at the place of registration of the employer-tax agent, but at the place of residence of each employee. Recently, the Federal Tax Service spoke out sharply against such ideas.

Can a pregnant woman be fired?

Labor legislation provides protection to pregnant workers; for example, such an employee cannot be required to work overtime (Article 99 of the Labor Code of the Russian Federation) or recalled from vacation (Article 125 of the Labor Code of the Russian Federation). But is labor protection always valid? Can a pregnant woman be fired from her job?

Is it possible to fire a pregnant woman?

An employer is prohibited from dismissing a pregnant employee (Article 261 of the Labor Code of the Russian Federation).

If the employer violates this rule and fires the pregnant woman, and she, in turn, goes to court with a claim for illegal dismissal, then the employer will have to (Article 237, Article 394 of the Labor Code of the Russian Federation):

• reinstate a pregnant employee;
• pay her for her forced absence at the average salary;
• compensate for moral damage caused.

In addition, if labor inspectors become aware of the dismissal of a pregnant woman, the employer faces a fine in the amount (part 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation):

• from 30,000 to 50,000 rub. for the organization itself;
• from 1000 to 5000 rub. for officials of the organization (for the employer-individual entrepreneur).

But it is important to note that there are cases when the dismissal of a pregnant woman is still legal.

In what cases can a pregnant woman be fired?

An employer has the right to dismiss a pregnant woman in the event of liquidation of the organization/termination of the activities of an individual entrepreneur (Article 261 of the Labor Code of the Russian Federation).

Can a pregnant woman working under a fixed-term employment contract be fired?

If an employee working under a fixed-term employment contract finds herself in an interesting situation, the employer needs to be aware of some nuances.

So, for example, if a fixed-term employment contract expires during a woman’s pregnancy, the employer is obliged to extend the term of the employment contract until the end of the employee’s pregnancy (Article 261 of the Labor Code of the Russian Federation). The employer must do this based on the employee’s application, as well as a medical certificate confirming her pregnancy. In this case, the employer has the right to require documentary confirmation of pregnancy once every three months.

Dismiss a pregnant woman working on an emergency basis employment contract, the employer may, if the following conditions are met:

• such an agreement was concluded during the absence of another employee;
• this other employee goes to work;
• It is not possible, with the written consent of a pregnant employee, to transfer her to another job before the end of her pregnancy, which the woman can perform taking into account her condition.

But here it is worth keeping in mind that in this situation the employer is obliged to offer the pregnant employee all available vacancies (not only the corresponding qualifications of this employee, but also vacancies for lower/lower paid positions).