They have the right to fire a pregnant woman. Is it possible to fire a pregnant woman on probation. Calculation and issuance of a work book

Dismissal of a pregnant woman women by terminating the employment contract at the initiative of the employer is not allowed (Article 261 of the Labor Code of the Russian Federation). However, the employer may initiate her dismissal in the event of the liquidation of the organization or enterprise or when the individual entrepreneur ceases to operate.

Also, article 261 of the Labor Code of the Russian Federation contains the only situation in whichMaybe dismissal of a pregnant woman women from an existing organization: if a fixed-term employment contract was concluded with her to perform the duties of a temporarily absent employee and the term of this contract has expired. If the employer cannot, with the written consent of the employee, transfer her before the end of pregnancy to another available job (both to a vacant position or job corresponding to the qualifications of the employee, and to a vacant lower position or lower-paid job), which the woman can perform taking into account her state of health - in this case, her dismissal is justified.

As for fixed-term employment contracts concluded on other grounds (not for the performance of the duties of a temporarily absent employee), herethe following rules apply. If such an agreement expires during pregnancy, the employer is obliged to extend it until the end of the pregnancy.

If a woman actually continues to work after the end of pregnancy, the employer has the right to issue dismissal of a pregnant woman women in connection with the expiration of its validity within a week from the day when he learned about the fact of the end of the pregnancy. Or from the date of submission of a certificate of pregnancy.

If the employer commits gross violations - an unreasonable refusal to hire or dismissal of a pregnant woman women, then such a leader, as well as an individual entrepreneur -can be prosecutedunder Art. 145 of the Criminal Code of the Russian Federation. In addition, a fine of up to 200 thousand rubles may be imposed. or in the amount of wages (other income) for a period of up to 18 months. In addition, you can be involved in compulsory work for a period of 120 to 180 hours.

fire a pregnant woman on the initiative of the employer, it is possible only in two cases: if the organization is liquidated or the activity of an individual entrepreneur is terminated. At the same time, we can talk about liquidation in relation to the provisions of Article 61 of the Civil Code of the Russian Federation, according to which the liquidation of a legal entity entails its termination without the transfer of rights and obligations by succession to other persons.

At the same time, according to part 4 of article 81 of the Labor Code of the Russian Federation pregnant women can be fired from representative offices or branches of legal entities or other separate structural divisions located in another area. This rule is an exception to the general rule that dismissal under paragraph 1 of Article 81 of the Labor Code of the Russian Federation can be made only in the event of liquidation of the organization, that is, the legal entity as a whole, since Part 4 of Article 81 of the Labor Code of the Russian Federation allows termination of the employment contract in case of liquidation of only separate subdivisions of a legal entity that do not have independent employer legal personality in relation to employees, they have the right to hire and dismiss only within the limits established in the power of attorney issued in accordance with Article 55 of the Civil Code of the Russian Federation. At the same time, the legal entity itself remains and continues to operate.

A pregnant woman can quit by agreement of the parties (clause 1 part 1 s. 77 of the Labor Code of the Russian Federation). In accordance with the law, an employment contract concluded for both a fixed and an indefinite period can be terminated at any time if its parties - the employee and the employer - come to an agreement on this. The law does not provide for any procedures that must be performed by the parties upon termination of the employment contract on this basis (neither warning the parties, nor the payment of severance pay, etc.). It is important to determine the day of dismissal (the last day of work), that is, the day that will be indicated in the dismissal order and on which theemployment historyand made a full calculation.

In the event that a special procedure for terminating an employment contract by agreement of the parties is provided for in the contract itself, it must be performed by the parties.

Sometimes employment contracts include a condition on the payment of certain amounts to the employee upon termination. These amounts must be paid by the employer without fail.

However, employers should be aware that a woman who signs such an agreement can challenge it in court. If she can prove that the agreement was signed under pressure from the employer, she will be reinstated.

It is possible to terminate an employment contract with pregnant woman at the expiration of a fixed-term employment contract (clause 2. part 1. article 77 of the Labor Code of the Russian Federation). In this case, the employer must prove the validity of the conclusion of such an agreement.

The procedure for terminating a fixed-term employment contract, provided for in Article 79 of the Labor Code of the Russian Federation, must be observed. If it is not observed, then the dismissal of the employee may be recognized as having been carried out in violation of the established procedure and, as a result, he may be reinstated at work.

Wherein pregnant woman may take advantage of the guarantee granted to her by Art. 261 of the Labor Code of the Russian Federation. Thus, in the event of the expiration of a fixed-term employment contract during a woman's pregnancy, the employer is obliged, upon her written application and upon presentation of a medical certificate confirming the state of pregnancy, to extend the validity of the employment contract until the end of pregnancy. A woman whose employment contract has been extended until the end of pregnancy is obliged, at the request of the employer, but not more than once every three months, to provide a medical certificate confirming the state of pregnancy. If at the same time the woman actually continues to work after the end of pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day when the employer found out or should have found out about the fact of the end of pregnancy.

It is allowed to dismiss a woman due to the expiration of the employment contract during her pregnancy, if the employment contract was concluded for the duration of the performance of the duties of the absent employee and it is impossible, with the written consent of the woman, to transfer her before the end of pregnancy to another job available to the employer. Upon dismissal due to the expiration of the employment contract, the employee may demand leave with subsequent dismissal.

Also, a possible basis for dismissal is dismissal of one's own free will (clause 3 of part 1 of article 77 of the Labor Code of the Russian Federation).

Refusal of the employee to continue work in connection with a change in the owner of the property of the organization, with a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of the Labor Code of the Russian Federation) - clause 6, part 1, art. 77 of the Labor Code of the Russian Federation is another reason for dismissal. However, the change of ownership does not imply the termination of employment contracts concluded with employees. As an exception to the general rule, one should consider the possibility of terminating employment relations with the head of the organization, his deputies and the chief accountant (see also paragraph 4 of part 1 of article 81 of the Labor Code of the Russian Federation), which can be made by the new owner of the organization's property no later than three months from the date of his possession.

However, art. 75 of the Labor Code of the Russian Federation provides that in the event of an employee’s refusal to continue working due to a change in the owner of the organization’s property, the employment contract is terminated not at the employee’s own request, but according to paragraph 6 of part 1 of Art. 77 of the Labor Code of the Russian Federation - refusal to continue work in connection with a change in the owner of the organization's property, expressed in writing. Theoretically, a pregnant woman can declare her disagreement to continue working for a new owner. Accordingly, in this case, the employment contract with her will be terminated.

The grounds for dismissal may be the employee's refusal to continue working in connection with a change in the terms of the employment contract determined by the parties (part 4 of article 74 of the Labor Code of the Russian Federation) - clause 7 of part 1 of art. 77 of the Labor Code of the Russian Federation. As a general rule, embodied in Art. 72 of the Labor Code of the Russian Federation, changing the terms of the employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation.

Article 74 of the Labor Code of the Russian Federation established an exception to the general rule on the immutability of working conditions, fixed by an employment contract. So, for reasons related to changes in organizational or technological working conditions, it is allowed to change the terms of the employment contract determined by the parties at the initiative of the employer (i.e., unilaterally) while the employee continues to work without changing the labor function. In this case, the consent of the employee to change such conditions is not required.

It should be borne in mind that any conditions, both mandatory and additional, can change, with the exception of the condition on the labor function.

The refusal of an employee to transfer to work in another locality together with the employer (part 1 of article 72 of the Labor Code of the Russian Federation) is also the basis for dismissal. The law provides for the possibility of transfer to work in another locality together with the employer. Such transfer is allowed only with the written consent of the employee. If an employee, including a pregnant woman, refuses to be transferred to another locality together with the employer, the employment relationship with him may be terminated under paragraph 9 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

Labor legislation provides protection for pregnant workers, for example, such an employee cannot be involved in overtime work (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 does labor protection always work? Can a pregnant woman be fired from her job?

Can a pregnant woman be fired?

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

If the employer violates this rule and dismisses 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 worker;
pay her the time of forced absenteeism according to average earnings;
compensate for the moral damage.

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 rubles. for the organization itself;
from 1000 to 5000 rubles. for officials of the organization (for the employer-IP).

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

The employer has the right to dismiss a pregnant woman in the event of the liquidation of the organization / termination of the IP (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 on the basis of a fixed-term employment contract is in an interesting position, the employer needs to be aware of some of the nuances.

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

An employer can dismiss a pregnant woman working under a fixed-term employment contract if the following conditions are met:

such an agreement was concluded for the duration of the absence of another employee;
that other worker goes to work;
it is not possible, with the written consent of a pregnant employee, to transfer her before the end of pregnancy to another job that a woman can perform taking into account her condition.

But here it should be borne in mind that in this situation, the employer is obliged to offer the pregnant employee all the vacancies he has (not only the relevant qualifications of this employee, but also vacancies for lower / lower paid positions).

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

Dismissal due to the expiration of the employment contract

The employer does not have the right to an employee, even if the term of her employment contract has expired. By law, the employer is obliged to extend the employment contract, thereby retaining her job for the pregnant woman. The duties of a working expectant mother include providing the employer with a certificate of her pregnancy and a corresponding statement.

An employee must provide a certificate confirming pregnancy to her employer at the first request, but not more than once every three months. At the end of the pregnancy (if the term of the employment contract has expired by that time), the employee may be legally dismissed by the employer.

Dismissal of a pregnant woman who replaced an absent employee

If the term of the employment contract of an employee who temporarily works at the enterprise has expired, the employer has the right to dismiss her. This provision of the Labor Legislation also applies to pregnant women, however, the employer is obliged to offer another position to the employee "in position".

This can be either a vacant lower position or a position corresponding to her qualifications. The dismissal of a pregnant woman is possible only if she refuses this offer or if the company does not provide for positions that a woman “in position” can handle.

Another case where an employer can legally fire a pregnant woman

The dismissal of a pregnant employee is possible in the event of the complete liquidation of the enterprise, its branch or representative office. Upon dismissal of 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.

The question of whether an employer can fire a pregnant employee is an important one for many HR professionals and both sides of the employment relationship. The current legislation establishes very strict standards for the protection of the rights of expectant mothers, and their violation can lead to liability. However, in some cases, such wide opportunities can lead to malicious violations on the part of the employee - in this case, understanding the existing mechanisms and principles of how to dismiss a pregnant woman will be extremely useful for the employer.

Can a pregnant woman be fired from her job - laws and regulations

The legal regulation of the mandatory provision of special social protection for pregnant women is primarily enshrined in the provisions of Articles 7 and 38 of the Constitution of the Russian Federation, as well as the provisions of the Labor Code, which ensure high protection of pregnant employees from illegal dismissal.

The issues of legal regulation directly related to the context of termination of an employment contract with a pregnant employee are considered by the following articles of the Labor Code of the Russian Federation:

Art. 70 of the Labor Code of the Russian Federation regulates the relationship between the employer and employees on probation, including if they are pregnant.
Art. 77 of the Labor Code of the Russian Federation demonstrates a general list of reasons why a previously concluded employment contract may be terminated.
Art. 84.1 of the Labor Code of the Russian Federation regulates the procedure for formalizing the procedure for terminating an employment contract.
Art. 254 of the Labor Code of the Russian Federation requires employers to transfer a pregnant employee to another position in a number of situations when the previous activity does not correspond to her current state of health and the restrictions established for pregnant women.
Art. 261 of the Labor Code of the Russian Federation is the main one that regulates the principles for the dismissal of pregnant employees and the guarantees that the state provides them with to protect them from unfair dismissal.

In general, the dismissal of a pregnant woman from the point of view of the law is unacceptable only directly at the initiative of the employer. However, there are many nuances that both employees should be aware of in order not to be caught off guard when pregnancy occurs, and personnel officers or employers in order to be able to influence a pregnant employee.

When can an employer fire a pregnant woman?

The answer to the question of whether an employer can fire a pregnant woman is quite complex and complex. First of all, the main standards that prevent the dismissal of a pregnant employee are the principles set forth in the provisions of Article 261 of the Labor Code of the Russian Federation. It prohibits the dismissal of pregnant employees at the initiative of the employer in principle, except in cases of liquidation of the enterprise. In particular, the following grounds for dismissal, considered by the provisions of Article 81 of the Labor Code of the Russian Federation, are not applicable to a pregnant woman:

Reduction of staff or number of employees. In normal situations, an employer can make such a dismissal in relation to an employee simply if there is a corresponding desire on its part, and also on the condition that no similar vacancies are published during the year. However, the reduction of pregnant women is unacceptable.
Inconsistency with the position held or lack of qualifications. Such a dismissal must necessarily be confirmed by the results of an attestation carried out at the enterprise or by a third-party certification center. But firing pregnant women for this reason is prohibited. However, their direction for certification is entirely legal.
Change of owners and management of the company. In the event of a change in the owner of the enterprise, only the chief accountant, director or their deputies can be dismissed for this reason without restrictions. However, if such an employee is a pregnant woman, her dismissal is considered unacceptable.
Failure to perform official duties repeatedly and in the presence of other disciplinary sanctions. Regardless of the number of disciplinary actions, it is forbidden to dismiss pregnant employees for this reason. That is, from the point of view of the letter of the law, it is forbidden to dismiss a pregnant employee, even if she does not fulfill her official duties at all.
A single gross violation of labor discipline in the form of absenteeism, theft, appearing in a state of intoxication at the workplace, ignoring labor protection rules with grave consequences thereof, as well as disclosure of secrets is sufficient grounds for dismissal of an employee. But in the case of pregnant women, none of these offenses, or even their combination, can serve as grounds for dismissal. However, the employer has a number of tools to reduce the damage from such an employee - when absenteeism, he has the right not to pay money for the indicated working day, and intoxicated workers cannot be allowed to work in principle, nor are they entitled to payment for the day of removal.
The commission by an employee with access to funds of clearly guilty actions that may lead to a loss of trust, as well as failure to prevent the possible occurrence of a conflict of interest. A pregnant employee cannot be fired for these offenses, regardless of their severity.
Execution of immoral actions by persons who are entrusted with the duties of an educational nature. For them, employees who are in position cannot be subject to dismissal.
For making unreasonable decisions by managers or chief accountants that caused material damage to the enterprise, or for gross violations of official duties, pregnant employees cannot be fired.
For providing false documents. Even if a pregnant employee provided false documents during employment and such fraud was discovered, she cannot be fired during the entire period of her pregnancy, regardless of the severity of the forgery.
According to the results of the entrance test. Since the establishment of a probationary period is not considered acceptable when hiring pregnant employees, upon presentation of a certificate of pregnancy, dismissal for failure to pass the test will be declared illegal, and if the certificate is presented to the employer before the end of the indicated period, then the probationary period must be fully canceled without any consequences for the employee.
When on vacation or no employee can be fired on sick leave, and a pregnant woman is no exception.
For other reasons that may be provided for by the employment treaty with the heads or members of the collegial executive body. Regardless of such conditions, a pregnant employee cannot be fired under them under any circumstances.

This is a list of reasons regarding the dismissal of employees at the initiative of the employer, which are clearly prohibited for use and practical application. Nevertheless, the negative consequences of a number of actions of pregnant workers can be smoothed out using other methods of influence other than direct termination of the contract. Also, employers should not forget that pregnant employees cannot be fired on fixed-term employment contracts.

The legislation contains a strict list of only prohibitions on when a pregnant employee can be fired. This means that if restrictions are not established by law on other options for terminating an employment relationship, then these can be used by the employer and employee.

A fixed-term employment contract with a pregnant woman implies that this contract can be terminated upon the occurrence of certain circumstances. The procedure for dismissal in this type of labor relationship is considered in article 79 of the Labor Code of the Russian Federation. The current regulations provide that in the event of an employee's pregnancy under a fixed-term employment contract, this contract must be extended until the end of her maternity leave period, with one exception. Such an exception may include cases where a fixed-term contract was concluded in order to replace an absent employee. In this case, there will be an absolutely legal termination of labor relations with a pregnant employee.

It should be remembered that the current legislation does not oblige female employees to report the presence or absence of pregnancy to the employer both during employment and during subsequent work. Also, when pregnancy occurs, it does not matter whether the employer and even the employee herself knew about it at the time of dismissal - the fact of dismissal in this case can be easily challenged in court.

As mentioned above, the employer has certain opportunities to dismiss a pregnant employee without possible penalties for such actions. An employer can dismiss a pregnant woman without any restrictions in a number of cases directly provided for by labor legislation. Situations in which challenging a dismissal would be impossible or extremely difficult include:

Voluntary dismissal of a pregnant woman. A pregnant employee has the right to apply for dismissal at any time on her own initiative. However, it can also be filed during maternity leave. Filing such an application does not exempt a pregnant employee from the mandatory two-week work off, however, work off is also counted during sick leave. If necessary, the employer can convince the pregnant employee to write a statement of her own free will, however, if there is coercion with relevant evidence, she can easily challenge the decision in court.
Dismissal of a pregnant woman by agreement of the parties. An agreement of the parties is an ideal option for the employer to dismiss a pregnant employee. This application cannot be withdrawn before the date of dismissal by the employee unilaterally, and the presence or absence of pregnancy and information about it from the parties is not a basis for reviewing the said dismissal. However, without the consent of the employee, it is impossible to dismiss her on this basis.
Termination of a fixed-term contract when replacing another employee. If the pregnant employee worked under a fixed-term contract that implied the replacement of another employee, she can be dismissed immediately on the day such an employee enters work without any restrictions. At the same time, some employers always keep such fictitious workers “in reserve”, for example, on unpaid leave and hire women with the risk of pregnancy only for fixed-term contracts.
Dismissal for reasons beyond the control of the parties. These include natural disasters or the death of an employer or employee, the exit of a previously absent employee or his reinstatement in court, and other cases, for example, administrative or criminal liability that does not allow continuing to work.
Company liquidation. In the event of the liquidation of an enterprise, pregnant workers are dismissed in accordance with the general procedure, and the responsibility for their social security may be assigned to state structures.

As you can understand, the above grounds can not always be applied by the employer. However, this is an exhaustive answer to the question of how to fire a pregnant employee. If it is impossible to use legal mechanisms for dismissing an employee, the employer has the right to use other mechanisms to minimize their costs associated with such employees. These include the following features and conditions:

Pregnancy does not exclude the material liability of the employee. At the same time, if she systematically violates the internal regulations or causes actual damage to the property of the enterprise by her actions, she can be held administratively or criminally liable for this. It is best for the employer if an agreement on full liability is concluded with such an employee.
Suspension from work. When an employee appears in a state of intoxication, she may be suspended from work with non-payment of wages.
The direction of the worker in idle time with the preservation of 2/3 of wages. In some cases, it may be beneficial for the employer, at least in this way, to temporarily get rid of an employee who violates internal regulations.
Changing working conditions. The employer has the right to change the working conditions of the employee, reducing her working hours and changing job duties. In such a situation, a pregnant employee may refuse these changes, and in case of refusal, she can be fired without restrictions. However, the employer should keep in mind that a change in job descriptions should affect all employees in this case - if the court establishes the fact of their change for the sake of one employee, such actions may be considered discrimination.
Statement of an administrative or criminal offense. If the actions of a pregnant woman contain an administrative or criminal offense, she may be punished for such in the manner prescribed by law, which will exclude the possibility of continuing to work.
The use of internal rules that significantly restrict the work of a pregnant woman in order to take care of their health. Enterprise regulations may provide for restrictions for pregnant women to occupy certain positions or maximum working hours - if such restrictions are justified by the need to ensure the health of employees, they may be the basis for a significant reduction in the cost of a pregnant employee.

Responsibility for the dismissal of a pregnant employee

Russian labor legislation provides not only guarantees for the protection of pregnant workers, but also mechanisms for punishing employers for violating the rights of such women. The responsibility for the dismissal of a pregnant woman can primarily be attributed to the standards of Article 145 of the Criminal Code of the Russian Federation, which provides for the dismissal of a pregnant woman by a fine of up to 200 thousand rubles or 18 months of the convict's income, as well as the possibility of assigning compulsory work lasting up to 360 hours.

In addition, in a judicial proceeding, the employer may be obliged to reinstate an unlawfully dismissed employee at work with the payment of compensation to her for moral damage and earnings for the entire time of forced absenteeism, including if she was fired on vacation for which vacation pay had already been paid. Therefore, employers should approach the dismissal of pregnant women with the utmost responsibility. In litigation, testimonies and internal documents of the enterprise may matter. However, if the grounds for dismissal were precisely the reasons that clearly cannot be applied to pregnant women, then it will be simply impossible for the employer to win such a case in court.

With regard to pregnant women, the legislator has established a direct ban on dismissal (termination of an employment contract at the initiative of the employer). This means that none of the grounds mentioned in Art. 81 of the Labor Code of the Russian Federation, including violation of labor discipline, cannot be applied to them.

But there is one exception to this rule: at the initiative of the employer, the contract with a pregnant woman can be terminated if the organization liquidated(an individual entrepreneur terminates activities, for example, due to the expiration of the certificate of state registration) (clause 1, article 81 of the Labor Code of the Russian Federation), that is, when labor relations are terminated with absolutely all employees, while the law does not provide that with such dismissal, a pregnant woman must be employed.

Dismissal of a pregnant woman in connection with the liquidation of the organization

What should be remembered when dismissing on this basis?

The basis for dismissal can only be a decision to liquidate a legal entity, that is, a decision to terminate its activities without transferring rights and obligations by succession to other persons, adopted in the manner prescribed by law (Article 61 of the Civil Code of the Russian Federation). If the organization is not actually liquidated, but ceases its activities due to reorganization (merger, division, separation, accession, transformation), then this is not a basis for terminating the employment contract and dismissing the pregnant woman.

When liquidating an organization, the procedure for providing guarantees and compensations established by law must be strictly observed:

a woman must be warned about the upcoming dismissal personally and against signature at least two months before the dismissal (part two of article 180 of the Labor Code of the Russian Federation);
pay a severance pay in the amount of the average monthly earnings, as well as keep the average monthly earnings for the period of employment, but not more than two months from the date of dismissal (including the severance pay).

Thus, only if there is a legal basis and compliance with the established procedure for dismissal, the termination of the employment contract with a pregnant employee under paragraph 1 of part one of Article 81 of the Labor Code of the Russian Federation (in connection with the liquidation of the organization) can be recognized as lawful.

Reduction of a pregnant woman due to the liquidation of a branch or representative office

However, according to part 4 of Art. 81 of the Labor Code of the Russian Federation, pregnant women can be dismissed from representative offices or branches of legal entities or other separate structural units located in another area according to the rules provided for in cases of liquidation of an organization.

That is, if the organization itself (head office) is not liquidated, and the branch (or other separate structural unit) located in another city where the pregnant woman works is closed, then in this case the woman can be fired under paragraph 1 of part one of Article 81 of the Labor Code RF.

In this case, the procedure for terminating the employment contract must be observed, as in the liquidation of the organization.

Expiration of the employment contract

The situation is quite different in the event of the expiration of the employment contract, when the basis for the termination of the employment relationship is not the initiative of the employer, but the event. Termination of relations on the grounds provided for in paragraph 2 of part 1 of Art. 77 of the Labor Code of the Russian Federation is possible even with a pregnant woman.

If a fixed-term employment contract is concluded with a woman and its validity period expires during pregnancy, the employer is obliged to extend the term of the employment contract until the end of pregnancy(part two of article 261 of the Labor Code of the Russian Federation). To do this, a woman must submit written statement and medical certificate confirming the state of pregnancy. At the same time, the employer has the right to periodically, but not more than once every three months, request a medical certificate from a woman, and a woman is obliged to provide such a certificate upon his request. This rule is aimed at not depriving a pregnant woman of paid maternity leave.

However, if a woman does not apply to the employer with an appropriate application, then dismissal under paragraph 2 of part 1 of Art. 77 of the Labor Code of the Russian Federation can be produced.

If at the same time the woman actually continues to work after the end of pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day when the employer found out or should have found out about the fact of the end of pregnancy.

It is also allowed to dismiss a woman in connection with the expiration of the employment contract during her pregnancy, if the employment contract was concluded during the performance of duties of an absent employee and it is impossible, with the written consent of the woman, to transfer her before the end of her pregnancy to another job available to the employer. This refers to both a vacant position or job corresponding to the qualifications of a woman, and a vacant lower position or lower-paid job that a woman can perform, taking into account her state of health. The employer is obliged to offer her all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

Upon dismissal due to the expiration of the employment contract, the employee may require provision with subsequent dismissal, even if the vacation time completely or partially goes beyond the term of this contract. In this case, the last day of vacation is considered the day of dismissal (Article 127 of the Labor Code of the Russian Federation).

Voluntary dismissal

A pregnant woman has the right to terminate the employment relationship with the employer by submitting a letter of resignation of her own free will (Article 80 of the Labor Code of the Russian Federation). In this case, the application must be submitted no later than two weeks, unless a different period is established by the Labor Code of the Russian Federation or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal.

If a woman has changed her mind about resigning, then she can withdraw her application at any time (it is better to do this in writing: submit an application for withdrawal) before the expiration of two weeks from the day following the day the application was submitted. Dismissal in this case is not carried out, but only if the employee was not invited in writing, who cannot be refused to conclude an employment contract (for example, in the order of transfer). At the same time, if after the expiration of the two-week period, the dismissal did not occur and you do not insist on dismissal, then the contract is valid further.

If, for some reason, a woman wants to quit of her own free will (even in connection with moving to a new place of residence), then in accordance with the Federal Law of May 19, 1995 No. the right to receive maternity benefits, since only working women, insured under state social insurance, or dismissed due to the liquidation of the organization, can receive it.