Whether an employer fires a pregnant employee. Features of the dismissal of a pregnant woman of her own free will - the obligations of the employer and the rights of the woman

It is generally accepted that labor law prohibits the dismissal of a pregnant employee in any situation. However, this prohibition is not absolute; in some cases, the termination of labor relations with an employee in an interesting position is quite legal. Consider whether the employer has the right to fire a pregnant woman in various situations.

In Art. 261 of the Labor Code of the Russian Federation provides for only two cases when it is possible to dismiss a pregnant woman:

termination of the activity of the employer-IP;
Liquidation of company.

It is this circumstance that prompts employers to refuse employment to pregnant applicants or, in general, to all young women. However, in fact, there are several more grounds for terminating an employment contract with such an employee. And all of them, importantly, will be legal.

A direct prohibition is established on termination of the contract if the employer takes the initiative. Such a measure is designed to protect the labor rights of women, in particular the right to receive maternity leave and all payments related to pregnancy in full. An exception, as already mentioned, will be the liquidation of a legal entity or individual entrepreneur, after which labor relations become simply impossible.

The law does not prohibit a pregnant woman herself from expressing a desire to quit, and the employer is obliged to satisfy such a request. Or both sides can agree on this issue. However, this does not mean that it is allowed to force an employee to take such a step. If it turns out that the application was written under pressure, the dismissal will be declared illegal with all the consequences that are unfavorable for the employer.

If the term of the employment contract has expired

When registering the dismissal of an employee who worked under a fixed-term contract, the possibility or impossibility of her dismissal in the event of pregnancy depends on several circumstances. As a general rule, the employer, having learned about the condition of his employee, is obliged to extend the term of her employment contract until the end of the pregnancy. But he should do this only after he receives a corresponding application and a medical certificate from the woman. After that, every three months he has the right to demand a medical document confirming the continuation of the pregnancy.

However, there are exceptions to this rule as well. Most often, a fixed-term contract is signed by a temporary employee taken in place of the missing main one. And if the employee has begun his duties, then he has every right to take his place. The answer to the question of whether it is possible to dismiss a pregnant woman in such a situation will be positive. But first, the employer is obliged to offer her a translation. And only if there are no other vacancies, or the pregnant woman herself refused them, a dismissal order is issued.

The employer is not obliged to reinstate a pregnant woman and extend the term of her employment contract if she reported her pregnancy after her dismissal. This follows from the logic of Art. 261 of the Labor Code, which says that the basis for revising the term of the contract is a personal statement and a medical certificate. If at the time of dismissal they were not presented to the employer, then he acted lawfully. The courts, when considering disputes, adhere to a similar position.

Voluntary dismissal

Dismissal at the request expressed by the employee is carried out by the employer, regardless of the state of his health. But the desire must be truly voluntary, the dismissal of a pregnant woman under duress is unacceptable.

The basis for terminating the contract and issuing an order is the personal statement of the employee, made in writing. The document is submitted in person, through the office or sent by registered mail. The notice period for the employer may not be less than two weeks. An exception is work during a trial period, when it is enough to submit an application three days before the proposed dismissal.

Registration of the dismissal of a pregnant employee at her request is carried out according to the usual algorithm:

receiving an application;
issuance of an order;
making the necessary entries in the T-2 card and work book;
issuance of invoices and documents.

Dismissal by agreement of the parties

It is not uncommon for women workers dismissed on their own application to go to court, motivating their demands by the pressure exerted on them. Therefore, it will be safer for the employer to formalize the dismissal of a pregnant employee on a different basis - by agreement of the parties. The law allows the parties to terminate the employment relationship at any time by mutual agreement.

Such a dismissal does not violate the rights of a pregnant woman, since she agrees with him. And it does not create problems for the employer, since it does not fall under the ban on dismissal on his initiative. In the order and the work book, it is the agreement of the parties that must be indicated as the reason for the termination of relations. After that, it is almost impossible to challenge the legitimacy of the actions of the employer.

Dismissal upon company liquidation

Indisputable will be the dismissal of all employees, including pregnant women, during the liquidation of the organization. However, the employer must adhere to a certain procedure. In particular, to notify employees in advance of the upcoming dismissal. The minimum notice period is 2 months, and must be in writing.

To offer other vacancies, as with a reduction, the employer is not obliged to anyone. The fact of pregnancy also does not play any role, the extension of the employment contract in such cases is not provided. With one small exception: employees who are on maternity leave will only be fired after the sick leave is closed. But the law does not prohibit warning them during vacation.

Can I be fired for absenteeism

Separately, it is worth highlighting the question of whether a pregnant woman can be fired for gross violations of discipline, such as absenteeism. The law gives an unequivocal answer to it: they cannot. In addition, absences from work due to a visit to a antenatal clinic or specialized specialists cannot be considered absenteeism. But the woman must confirm the fact of being in a medical facility for a scheduled or extraordinary examination with a certificate.

Pregnancy does not give the right to violate discipline with impunity. The impossibility of dismissing such an employee does not mean that other measures of influence, for example, a reprimand, cannot be applied to her. The imposition of such a penalty also has a number of adverse consequences: during its operation, incentive measures are not applied to the violator, bonuses are not awarded, etc. For a family expecting a child, this can be a serious nuisance.

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 activities of the 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 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).

The legislation of our country protects the expectant mother and her child. Laws do not always correspond to the interests of an entrepreneur who loses an employee for a long time. It is far from easy to find a complete replacement for her.

A working woman is not always able to perform production duties as fully as before pregnancy. In some cases, it needs to be transferred to the workplace with others, gentle working conditions.

Not all SMEs can find jobs where working conditions are appropriate during pregnancy. Women, for their part, want to feel secure, many want to keep their jobs in order to return to work in three years.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact through the online consultant on the right or call by phone free consultation:

Is it possible to fire a pregnant woman and what articles of the Labor Code of the Russian Federation regulate this?

There are situations in which pregnancy is not an obstacle to termination of employment.

In the same time, The Labor Code of Russia protects women“in position” and allows her to be fired only in special situations.

In market relations, not all state enterprises, owners of private firms and individual entrepreneurs operate with sufficient profits to bear the burden of social costs.

Guarantees and circumstances of possible termination of the employment contract are regulated by Article 261 of the Labor Code.

A young woman going on maternity leave needs special attention. Sometimes for her you need to look for another workplace in production or in the office.

A woman is unlikely to be able to get a job at another enterprise. And if, due to family circumstances, she and her family are limited in funds, her financial situation can become catastrophic. Therefore, legislators tried to stipulate in the law the creation the most comfortable working conditions for the expectant mother and protect her.

Permissible situations and why they cannot be fired?

To fire a pregnant employee need a good reason. Legislators have sharply limited the range of reasons for dismissal.

According to the above article of the Labor Code, an employee in an “interesting position” is allowed to be fired without her consent in only two cases:

With the complete liquidation of the company, organization, enterprise.
When an individual entrepreneur terminates his activities.

An employee cannot be fired if the enterprise continues to function after reorganization, merger, division into several enterprises, change of owners or founders.

If the head enterprise has a branch in another region (city), then the closure (liquidation) of the branch is regarded by law as the liquidation of an independent enterprise. And a pregnant employee at the closing of a branch cannot qualify for transfer to another branch or parent company and will be fired.

An individual entrepreneur who has closed his business dismisses all employees without regard to their condition and situation, including pregnant women. He is not obliged to change plans and continue activities because of them, and dismissed employees should go for help to social services.

This legislation does not provide for other cases of dismissal without the consent of the future mother.

When working on a temporary (fixed-term) contract

The conclusion of fixed-term (temporary) contracts is universal, but not always legal practice in public and private organizations and enterprises. Especially often, fixed-term contracts are concluded with young people without practical work experience.

It often happens that a young worker finds herself “in an interesting position” at the time the temporary contract expires. In this case the woman must receive a certificate from the clinic that she is expecting a baby, and bring her to her employer. According to the application written by the employee, the employer is obliged to extend the temporary employment contract.

The law obliges a pregnant woman to bring certificates from the clinic to the employer once a quarter that she is pregnant.

The contract is extended for the entire period of pregnancy. If a woman is going to go on maternity leave, then the fixed-term contract must be extended for the entire time period of such leave.

In the event that a woman loses a child (pregnancy will stop for any reason), manager has the right to cancel(cancel) the extended contract within seven days. In which case it is possible to cancel the contract, it is indicated in the Federal Law No. 201 of June 26, 2015 (part 2).

When working in the place of a temporarily absent person

In practice, there are often situations when women get a job temporary vacancy and get pregnant. But when a permanent employee goes to work, the pregnant woman is subject to dismissal. The employer cannot fire her, as the law prohibits doing so.

If such a situation arises, the leader must find a woman another job. The new work should not be heavy, the employee should not move heavy things, lift weights, work in gassed rooms. It can be a feasible job that will not harm the expectant mother and her baby.

Including, unskilled and poorly paid, which is in this locality or area.

If there is no work for a woman in the enterprise in her specialty, qualifications, then the managers will offer the employee any available job.

Collective labor agreements sometimes provide for the provision of vacancies in other settlements, regions and even regions. If the employment contract contains such a clause, then the employer is obliged to offer the pregnant woman relocation job opportunity. If the employee refused all offers, or none were found, she will be fired.

Dismissal of a pregnant woman admitted on probation

The state of pregnancy transfers women to the category of workers protected by the state. Protecting their interests not only labor, but also the criminal code.

For most positions, the probationary period is three months, with the only exception being leadership positions.

Legislation prohibits establishing a probationary period for pregnant women when hiring them (Article 70 of the Labor Code of the Russian Federation No. 90-F3).

If the employee was hired on probation and became pregnant, then she must bring a certificate from the attending physician confirming the fact of pregnancy. The manager will not be able to fire a pregnant woman, even if she did not work well during the probationary period.

Now the head will conclude with a woman temporary (or indefinite) employment contract. The new contract covers the period from the end of the probationary period until the end of maternity leave (or until the end of the pregnancy).

Application for an extension of a fixed-term contract during pregnancy: download sample .

A woman is not subject to dismissal, even if she showed herself on probation far from the best side.

Termination of the contract by agreement of the parties

This type of dismissal of a pregnant employee implies the presence of her desire. Boss should not push the subordinate to take such a step, and the woman must carefully consider the consequences of her actions. That is, dismissal by agreement should be mutually beneficial for both parties.

The practice of such dismissals does not provide for control by trade union organizations, but low legal literacy of a pregnant woman employees can lead to loss of space and money.

If the collective agreement does not provide for the payment of compensation in this situation, then this clause should be stipulated in the agreement itself or in local documents (acts).

If the agreement is signed by both parties, it cannot be cancelled.

What threatens for absenteeism and low qualifications?

An employee "in position" it is forbidden to fire for leaving the workplace for a few hours or for the whole day (for absenteeism). She cannot be fired even for systematic absenteeism without a good reason, unauthorized abandonment of production, failure to fulfill production duties, violation of discipline.

A woman cannot be fired based on negative test results. If the manager dares to do this, then the employee can sue him.

Russian courts, as a rule, take the side of a pregnant employee, and the head can pay for causing non-pecuniary damage to the plaintiff.

How to fire a pregnant employee by law - procedure

If an organization, an enterprise is liquidated, all the dismissed employees have equal rights, and pregnant employees are no exception(according to article 180, paragraph 2 of the Labor Code of Russia). The order of action of the management in the event of liquidation (termination of the activity of the IP) will be as follows:

Employees are notified two months in advance through notices. Employees receive a notification from the HR department about the closure of the enterprise and dismissal. The employee gets acquainted with the notification, signs and receives one copy in his hands.

Oral acquaintance with the document is not allowed.

Employment contracts are terminated. The pregnant employee agrees in writing to terminate the contract.
An order is issued to liquidate (close) the enterprise and to dismiss employees. Employees get acquainted with the order and sign in the column "Familiarized".
Employees receive wages and compensation.

Enterprise (entrepreneur) at the request of the employee must prepare and issue:

The issuance of certificates and funds must take place in last day of work(it's the same day of dismissal).

Care of one's own free will, what is needed for this?

Any employee working under a fixed-term or indefinite contract can write an application and resign by agreement of the parties. This is true for pregnant women as well.

In the event that an employee “in position” wants to quit in this way, she must write an application addressed to the head of the enterprise or to the personnel department.

The personnel department accepts and fixes the application, after which she can be fired the next day (for which an appropriate order is issued). If the management of an organization or enterprise believes that a pregnant employee must work until dismissal two weeks, then she has to do it.

By law, any employee can withdraw their application within two weeks and continue working.

This also applies to pregnant women. This type of dismissal can have unpredictable consequences for a woman.

If she submitted an application, then the administration may invite another employee in her place. If this new employee is invited to her place in writing, then the woman will not be able to apply and will still be fired (even despite her pregnancy).

Employer's responsibility

If a woman left work of her own free will and then felt that she was forced to do so, she can go to court. For filing an application, the legislation establishes a limit period of 1 month.

It is considered from the day when the employee received the order to dismiss, or from the day she received the work book in the personnel department.

In order to prove the fact of coercion, woman must provide evidence. She can present witnesses to the court, bring audio and video recordings, letters, print out electronic correspondence, SMS correspondence, and other documents.

Perhaps the court will consider the systematic non-payment of bonuses, “gray” cash payments, as an act of coercion.

If the court finds the evidence convincing, it will take the side of the plaintiff, and the pregnant woman employee will be reinstated in the position. Applications and orders will be cancelled. In the same way it is possible to prove illegality, although there are few such cases in judicial practice.

A pregnant employee can write a statement to the court if she was deprived of her job for absenteeism, violation of discipline, failure to fulfill direct duties, since the law prohibits dismissal for this. A woman "in position" for this can only be declared reprimand or warning.

The courts not only reinstate pregnant women at work, they award the employer payment of monetary compensation to the victim for the moral damage caused.

A woman who is expecting a baby protects not only the Labor Code. Article 145 of the Criminal Code of the Russian Federation for the dismissal of such an employee punishes the employer with compulsory work in the amount of up to 360 hours or a fine of up to 200 thousand rubles.

The employer will be obliged to pay the injured employee the average earnings for forced absenteeism.

The term for filing a lawsuit on the facts of illegal dismissal is 1 month. If this time is missed, the court will not accept the application. This period can be restored if a woman for some time spent in hospital.

If a pregnant worker commits an administrative act, a criminal offense, the law is still does not provide for her dismissal. An employee can sue and be reinstated in her workplace.

Download samples of a claim to the court and statements to the prosecutor's office in case of illegal dismissal.

The dismissal of pregnant women should be carried out in accordance with the law. This is a delicate issue, since the employee's pregnancy forces the entrepreneur to look for a replacement for her, and the woman herself is encouraged to seek protection in the letter of the law.

You can find additional useful information about the dismissal of a girl in a position in the video below:

Pregnant women have a number of privileges and guarantees at work, provided for by the Labor Code of the Russian Federation. But can such an employee be fired?

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Consider the basic rules that employers must adhere to in 2019. Everyone knows that a pregnant woman has the right to count on special conditions at work.

But what if the employer not only does not provide them, but also intends to fire the employee? Can he terminate the agreement with her when she is in this position?

It is not in the interests of the employer if the employee is pregnant. And often he tries to terminate the labor contract with the woman.

But the legislator limits the possibilities of the management of organizations. Most options for dismissal during pregnancy become taboo.

But there are some loopholes in the legislation that are used by employers who do not want to keep pregnant women at work. Workers need to know them in order to protect their rights.

General points

The general rules that employers adhere to when terminating employment agreements in the event that they quit are not applicable.

Consider when and how you can fire a woman in position. But first, let's define what is meant by dismissal and what grounds can be used.

What you need to know

The main provision that protects the rights of pregnant women is. It says that the employer does not have the right to dismiss an employee in a position on his own initiative.

Can a pregnant woman be fired from her job?

A pregnant woman can be fired, but not in all cases. Legislation protects the interests of such workers.

There are only two cases when an employer can terminate an employment relationship with a pregnant woman.

We are talking about the liquidation of the company and the termination of the work of the individual entrepreneur, who hired an employee for.

What about the dismissal of a recently hired employee on probation? There is no answer to this question.

If a woman herself does not know about pregnancy, then she can be fired in the manner prescribed by Art. 71.

In other cases, dismissal is not possible, since the law establishes special benefits for women in the position and provides guarantees. To use them, a woman:

must be aware of the pregnancy;
you need to notify your employer about your condition;
you must submit a document that confirms the presence of pregnancy.

In Art. 77 paragraph 4 of part 1 of the Labor Code says that an employee can be fired if he passes the probationary period with an unsatisfactory result. This provision does not apply to pregnant women.

This means that the employer does not have the right to dismiss the employee for, unless she herself wants it.

For absenteeism

Can a pregnant woman be fired from her job? Even in the event that a pregnant employee skips work or violates discipline at the enterprise, the company's management can only reprimand.

You can't get fired for wrongdoing. The main thing is for the woman to present a document that confirms the pregnancy. But if she does not submit such a certificate, she cannot be fired.

If the pregnant woman believes that the company has violated her rights, then she should go to the commission that is considering or to the judicial authority.

Adopted temporarily

The management, which accepted the employee under the contract, which has a certain period of validity, cannot always determine when it will terminate, and it is not possible to notify the employee in a timely manner.

But if the employee is not notified of the impending dismissal 3 days in advance, and he continues to do the work, then the contract will automatically become indefinite.

It is not necessary to notify of the termination of an employee's employment if it is accepted for the period of absence of the main employee.

Sometimes employers believe that the termination of employment due to the expiration of the contract is the initiative of the management.

The courts in this case often take the side of the employer if he dismisses the pregnant woman from the temporary rate. But still, it is impossible to violate the rights of a pregnant woman at a temporary job.

If the employee is not accepted during the absence of the main employee, then upon the expiration of the contract and upon submission of a document from the medical institution, the company must extend the contract.

A woman must submit an application. If the employee does not provide an application and a medical certificate, she may be fired at the end of the agreement.

The employer has the right to require every 3 months to submit a certificate that confirms the pregnancy in order to renew the agreement.

More often than not, such a requirement is not allowed. If there was no request, the employee may not submit a certificate.

The employer will be able to dismiss the employee due to the expiration of the contract after the end.

The question is often asked whether a pregnant woman can be fired from her maternity job.

If a woman is accepted for the duration of the absence of another employee, then she can be fired when such an employee enters his workplace.

If the pregnant woman gives written consent, the employer can provide another position until the end of the pregnancy. If the employee does not have such a desire, she can refuse the offer.

The employer should remember that the process of dismissing a pregnant employee must be followed. It is desirable to document all actions in order to have confirmation in case of proceedings in court.

At the same time

No one can fire a pregnant woman from her main job. But what if she works part-time in an organization? There are some difficulties here.

A part-time worker who is expecting a child fulfills many obligations, which can harm her and the baby's health.

It turns out that the condition of providing easier conditions for pregnant women is not met.

Yes, and the rights of employers will be infringed, because they will not be able to take another person to this place.
In general, it is illegal to fire a pregnant woman. But there is one exception.

Video: dismissal of pregnant women

With a woman, they can terminate the agreement if an employee is hired for this position, for whom this will be the main place of work.

The Labor Code also spells out such circumstances when the dismissal of a pregnant woman will be legal:

If the dismissal of a pregnant woman is unlawful, the employer will incur administrative or criminal charges.

The expectant mother has the right to apply to the labor inspectorate and file for the employer's actions.

The specialist of the authorized body will check the arguments and take measures to eliminate the identified violations.

The employer will bear responsibility in accordance with. The materials may also be transferred to the prosecutor or other service so that a criminal case is initiated against.

The court has the right to reinstate a woman at work by making an appropriate decision. The employee has the right to file a lawsuit with the judicial authority and write an application so that she is paid a salary for forced absenteeism.

Termination of labor relations gives citizens a lot of trouble. Especially for an employer. After all, the boss must not only find a replacement for his subordinate, but also comply with the rules for dismissing employees. It is not always easy to do this. There are some categories of people who, by law, are given special rights in employment. Therefore, today we will try to find out how a pregnant woman is fired. Is it possible to get rid of this category of subordinates altogether?

Labor code for the protection of pregnant women

To deal with the issues raised, it is necessary to study labor legislation. What does it say?

The dismissal of a pregnant woman under 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" can be asked to go to antenatal clinics. The employer does not have the right to prohibit visits to doctors during pregnancy. Nevertheless, it is within his authority to demand from a subordinate a certificate from a specialist or other evidence of a visit to a medical institution.

Dismissal at the initiative of the authorities

The boss has the right to terminate the employment relationship with any of his employees at any time. But pregnant women are the 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 going to terminate it, 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 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 the subordinate.

Nevertheless, the Labor Code protects expectant mothers, as well as women on maternity leave. At the request of the employee, the employer must extend the cooperation agreement until the end of the pregnancy / decree. It is impossible to refuse such a "bonus".

Dismissal under a fixed-term contract of a pregnant woman, if she does 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 firm changes its working conditions drastically or moves to another area to continue its activities. In the situations described, the dismissal of a pregnant woman is possible.

The main thing is that the boss first offers the subordinate in writing the available vacancies and working conditions. If the girl refuses, she can be fired. Otherwise, getting rid of the unloved category of employees will not work.

Reduction

Planned dismissal of a pregnant woman? The Labor Code of the Russian Federation clearly prescribes a number of grounds on which you can 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 employees who are objectionable to him. For example, with an insufficient level of qualification or work experience.

Are pregnant girls subject to layoffs? No. Under no circumstances can a woman who is waiting for replenishment in the family be reduced. If a layoff is planned, the employee must be transferred to a suitable vacancy. But at the same time, the company should not keep the salary.

Article

What other scenarios are encountered in practice? Some people are kicked out of companies "under the article." That is, if there are 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 special features. But what if they want to throw the girl out of the company under the article? Nothing. This scenario is not allowed. Moreover, if a girl is absent from work due to being on procedures for pregnant women or at a doctor's appointment, such an act will not be considered absenteeism. Especially when the subordinate has any evidence of visiting a doctor.

The desire of the worker

The simplest scenario is to leave work at the request of the subordinate. The dismissal of a pregnant woman is allowed. In this case, as practice shows, the process proceeds without difficulty.

A girl waiting for the birth of a child can refuse to cooperate with the company at any time. You do not need to provide a reason for leaving work. Keeping a subordinate is also prohibited.

It is this alignment that gives the employer the least trouble. In this case, there are no claims to the authorities. The main thing is to follow a certain procedure for terminating relations. We will get to know him a little later.

Other circumstances

From all of the above, it follows that getting rid of such a vulnerable category of subordinates as pregnant women is problematic. However, it can still be done. In particular, if there are legal grounds for it.

Allows employers to terminate employment contracts with pregnant women if:

liquidation of the enterprise is carried out;
the entrepreneur is out of business.

In these cases, the employment relationship is terminated with all subordinates without exception. The company is closed and no one else can work there. Moreover, information about the company is removed from the relevant register of organizations.

Probation

According to the Labor Code of the Russian Federation, an employer can dismiss an employee who is on probation. Does this rule apply to pregnant women? Unfortunately no. All of the principles listed above apply to employees who are on probation. At the same time, it is important that the employer is informed about the "interesting position" of the subordinate.

Situations beyond anyone's control

The grounds for dismissal of a pregnant woman are not as diverse as the grounds for terminating an employment relationship with an ordinary employee. Are there any other options for the development of events?

There are a number of reasons for the dismissal of subordinates in an "interesting position", independent of anyone. These include:

reinstatement of a court subordinate at the former place of employment;
obtaining by an employee the status of being unable to continue activities in full;
expiration of licenses and permits required to work in the organization in a particular position.

All these situations are not considered dismissal at the initiative of the authorities. But under all circumstances, the employer must first offer the employee other vacancies for employment. If this paragraph is omitted, there will be a violation of the process of termination of relations by law.

Agreement of the parties

The dismissal of a pregnant woman may be carried out by agreement of the parties. During the operation, someone (boss or subordinate) offers his own terms for terminating an employment contract, someone agrees with the proposal or makes counter demands. After reaching a consensus, an agreement of the established form is concluded, followed by dismissal.

It is desirable that the initiator of the operation is a pregnant woman. Then, in the event of an inspection, the labor inspectorate will have fewer questions for the employer.

How to quit on your own

We got acquainted with the grounds for the dismissal of a pregnant woman. As already noted, according to the 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:

Prepare and write a letter of resignation of your own free will.
Contact your employer with a request.
Wait for the signature of the application in the personnel department.
Work 14 days.
On the day of dismissal, read the relevant order.
Get an accountant.
Pick up a work book, a medical book and a certificate of income.

That's all. After that, it remains only to sign in the special magazines of the employer. The citizen was fired of his own free will.

How to dismiss during liquidation

You will have to act somewhat differently if the relationship with the pregnant woman is terminated due to the liquidation of the company. In this case, you will have to:

Notify the employee about the event 2-3 months in advance.
Issue a dismissal order.
Wait for the signature of the employee on the document.
Make a settlement with a subordinate.
Make an appropriate entry in the work book and issue the document to the employee.
Prepare and submit proof of income.
File an employee's personal file.

If a woman refuses to sign the order or avoids the calculation / issuance of documents, the relevant acts will have to be drawn up. Without them, the process of termination of relations will be violated.

Results

Getting rid of a pregnant employee in a company is problematic. This can be done either on the grounds described, or when the employer does not know about the "interesting position" of the subordinate.

That is, it is allowed to dismiss a pregnant woman at the initiative of the authorities, "under the article", due to a reduction or for other reasons, but for this you will have to prove that no one was notified of the pregnancy in the personnel department. In this case, the labor inspectorate can only ask to reinstate the employee in her position. But it is impossible to punish the head of the company with fines or criminal liability.