Sometimes learning that she is pregnant, she may start to worry about, if not dismiss her employer, when it turns out that soon his employee goes on maternity leave.We would like to reassure you - to dismiss a pregnant woman on the initiative of the employer is practically impossible, and all the cases in which this can be done, is strictly defined in the Labour Code of the Russian Federation.
Dismissal in connection with the liquidation of the company
Article 261 of the Labour Code specifies that dismiss pregnant on their own initiative, enterprise administration can not.However, a few exceptions to this rule do exist.And the first of them, this is the case when the company is liquidated itself, running a pregnant woman, or as a sole proprietorship ceases its activities.It is understood that there is no liquidation of the succession, in other words, when the organization is completely eliminated, not being reorganized some even without the merger takes place, joining, division, separation, absorpti
If a pregnant woman has a reason to doubt that the company is indeed eliminated, it can apply to the Public Prosecutor or the Labour Inspectorate and ask to deal with the situation and see if its rights are violated.At the same time, according to article 180 of the Labour Code, a notice of the impending dismissal, the expectant mother should be given not later than 2 months before the expected date of dismissal.
Exactly the same rules exist, and, if liquidated branch or representative office in another region.
dismiss pregnant in connection with the liquidation of the company can only be subject to payment of severance pay in the amount of her monthly salary of 1, as well as save the average monthly salary, but not more than 2 months, until a woman looking for a job.
right to maternity leave, as well as the allowance paid for the child, the woman persists.
it possible to dismiss a pregnant woman on the basis of the expiry of the contract
Indeed, according to Article 77 of the Labour Code, it can be done.However, if the pregnancy itself does not want to retire, it can leave the employer a written application and attach to it a certificate of her pregnancy.The employer is in this case to extend the contract until the end of pregnancy.The right to maternity leave a woman is preserved in its entirety.
it possible to dismiss a pregnant woman in connection with the failure to pass the probation
This question is quite complex.In fact, as the article 261 of the Labour Code, to dismiss a pregnant woman on the initiative of the administration is not possible.On the other hand, Article 70 of the Labour Code stipulates that a pregnant woman should not set a trial juice in hiring.
Therefore, as soon as it established that pregnancy test for women should be abolished and fire her after this is impossible.
Therefore, as soon as a woman discovers that she is pregnant, she must give the employer a message (it is better to do it by sending a registered letter with acknowledgment of receipt), and a corresponding certificate from a doctor, then the employment contract shall be amended accordingly.
dismissal according to the request of the woman herself or by agreement of the parties
fact - this is the only reason that you can dismiss a pregnant woman.Article 80 of the Labour Code states that pregnant may leave of their own accord, or the same as Article 78 says TK - by mutual agreement between the woman and her employer, or the administration of the enterprise.
IMPORTANT.If a woman retires at his own request, it loses the right to receive benefits for pregnancy and childbirth.Therefore, it should not be made if the administration will put pressure on it, or just before you terminate the employment contract, it must pay a substantial financial compensation.
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