Compared to previous years, modern labor legislation certainly protects a woman more reliably from the arbitrariness of her employer and guarantees her certain rights. But nevertheless, sometimes there are cases when pregnant women are dismissed, and 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.
An employer does not have the right to an employee, even if the term of her employment contract has expired. According to the law, the employer is obliged to extend the labor contract, thereby preserving the pregnant woman's workplace. The duties of a working expectant mother include providing the employer with a certificate of pregnancy and a statement.
A certificate that confirms pregnancy, the employee must provide her employer at the first request, but no more than once every three months. At the end of pregnancy (if the contract has expired by that time), the employee may be dismissed by the employer legally.
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 norm of the Labor legislation applies to pregnant women, however, the employee is “in position”, the employer is obliged to offer another position.
This can be either a vacant subordinate 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 have positions that the woman can handle in the performance of duties “in position”.
The dismissal of a pregnant employee is possible in the event of the complete liquidation of the enterprise, its branch or representative office. Upon the dismissal of an employee, the enterprise 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 payments for child care.
Can a pregnant woman be fired from work? - An issue of concern to tens of thousands of working women. Why it is unprofitable for enterprises to have maternity workers in the state, and how to properly implement the process of dismissal - we will understand the intricacies of labor relations.
The state guarantees pregnant women protection at the legislative level against non-legal actions of superiors. Failure by the employer to comply with the prescribed standards for this category of subordinates may become a reason for bringing him to justice, up to criminal.
Why, then, do many managers consider preserving the workplace for the decretcher too troublesome and try in various ways to remove such an employee from the company?
The arguments they justify are as follows:
Therefore, the practice of dismissing pregnant women workers is widespread among businessmen. Legitimate ways to resolve the issue below.
The most correct way to say goodbye to a subordinate. If the parties part without mutual claims, the person expresses his own, and not the will imposed by the boss, all questions disappear.
It is important that the pregnant woman knows: she can change her decision within two weeks from the date of application.
Termination of an employment contract under Art. 78 shopping malls are favorable to both parties. The head of the woman has the right to offer monetary compensation (the amount is not limited), in addition to all compensations approved by the TC.
When registering for unemployment, a person dismissed by agreement receives accrual of insurance payments from the day she is entered in the registry of the CZ.
However, agreeing to terminate the contract, the pregnant woman must understand that she cannot terminate such an agreement, as, in principle, the employer.
This method of breaking the employment relationship is possible if the company ceased to exist legally. Liquidation of branches, reorganization, reduction of staff do not fit this concept.
Remember, according to Art. 180 TCs of all employees of the company to be liquidated are notified two months before the forced dismissal in writing (under signature).
Moreover, Art. 178 of the Labor Code obliges the supervisor to dismiss the case to give employees benefits while maintaining the average monthly salary for up to 2 months, until a new job by the reduced employee is found.
Any cases of dismissal of a pregnant woman, except for the ones discussed above (own will, liquidation of a legal entity) are considered illegal. Here are the main claims that women who carry babies under their hearts seek legal advice and explanations to them:
Unfortunately, future women in childbirth rarely dare to confront employers requiring their consent to voluntary dismissal, because the manager has certain leverage in the arsenal - these are some of them.
The law prohibits dismissing the assembled decree for non-compliance with labor discipline, but the employer has the right to regularly fine, deprive bonuses or impose penalties on undisciplined employees.
Therefore, if an employee committed some violations before pregnancy (she was often late, did not fulfill assigned tasks, violated instructions), she would need to thoroughly study the charter of the enterprise and observe it exactly.
An extreme measure of some directors is the liquidation of a post held by a pregnant woman. Instead, a woman is offered a vacant place, in which either her salary is lower or her functional responsibilities are radically different.
What can a pregnant woman who is forced to leave do?
Labor guarantees for 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. All disputes arising and factual violations are considered by the court.
To know how to dismiss a pregnant employee properly, should be every employer who has on the staff of the fair sex.
The ladies themselves must remember: when making a diagnosis: “Pregnant,” you provide the director with a medical document with a doctor’s opinion!
Only from the moment the head is familiarized with this document, you fall under the protection of state-guaranteed laws! Moreover, you are obliged to provide medical certificates and further at certain intervals.
If you applied for resignation without knowing that you became pregnant, there are 14 days to withdraw it! If you hid your position at work, and were fired (reduced) - the court will take the side of the employer. Therefore, do not delay with the provision of a consulting opinion from the organs of medicine - protect yourself!
Is a pregnant woman obligated to inform her employer about pregnancy? The law regulates labor relations between the expectant mother and the bosses to a greater extent from 27-30 weeks, that is, from the date of decree. The Labor Code does not indicate whether a woman should report on her situation, and for how long it should be done. This means that the decision remains with the future mother. The special position of the employee requires solving a large number of issues, so it’s worth talking about pregnancy before maternity leave. But up to 12 weeks it is worth doing only if necessary.
Any expectant mother enters a new stage of relations with the employer. Labor legislation is on the pregnant side, you just need to know how to rely on it correctly. Today, prejudice against pregnant women at work or at work is a form of discrimination. Unfortunately, such phenomena are quite widespread, because it is unprofitable for an employer to keep an employee who, for one reason or another, cannot fully perform her duties. Therefore, many women have a fear before the joyful news of imminent replenishment in the family affects their careers.
The rights of pregnant women are regulated by the Labor Code. An employee expecting a child may not be involved in overtime or night work, business trips, and work on holidays and weekends. A woman has the legal right to reduce working hours, transfer to easy work during pregnancy, work in a comfortable room (ventilated and bright, without a lot of equipment and so on). The employee's job duties do not change in any way, but she has the right to demand a loyal attitude to her new position.
The employer is obliged to preserve the employee’s place and salary, but can offer vacancies that are more consistent with the state of health of the woman. A pregnant woman can be dismissed only in one case - upon liquidation of the enterprise. But even so, the manager is obliged to employ employees who are in position. When working under a fixed-term contract, a woman must apply for an extension based on pregnancy. An employee cannot be fired for severe disciplinary offenses and failure to fulfill her duties. The greatest possible punishment is the deprivation of bonuses.
Annual leave should be paid in full and regardless of the duration of work in this company. Maternity leave lasts 70 days (for multiple pregnancy - 84 days) before childbirth and 70 after (110 - at the birth of two or more children, 86 - at complicated births). All this time, social insurance benefits have been paid.
Holidays are paid on sick leave. With an employee’s annual income of less than 415 thousand rubles, the calculation is based on the average daily income multiplied by 140-180 days. To this amount the employer can optionally add 50 thousand rubles. From these amounts a woman does not pay tax. Immediately after leaving for B&R, a parental leave begins. Due to social insurance, a woman is entitled to receive 40% of the average monthly salary for the previous year. If the annual income exceeded 415 thousand rubles, then a maximum of 13,833 rubles per month can be obtained. For the period of vacation in BiR and caring for a child, the experience is not interrupted.
An important condition - in matters of the rights of pregnant women and their duties at work, one must rely on official registration. Otherwise, the employer may refuse a woman to be transferred to light work and other benefits, to leave and pay benefits. In this case, lawyers are advised to enter into official labor relations with their employer or to collect documents confirming the fact of work in this company. As evidence, you can attach, for example, a statement of movement on the card, if the salary is transferred through the bank.
How long does it take to inform my employer about pregnancy? Expectant mothers answer this question in different ways. With good relations with the bosses and the staff, many share their joy even before being registered in the antenatal clinic, other women tend to hide their special situation until maternity leave. When to inform the employer about pregnancy? This issue is not legislatively enshrined in the Labor Code, that is, a woman can decide when to do it and whether to do it at all (you can just bring a sick leave and go on vacation).
Up to 27-30 weeks, a woman can act on her own. Further, the employee has the right to go on vacation in BiR. Failure to perform at this stage all the necessary actions by the expectant mother will lead to the loss of a large sum of money, and failure to fulfill the provisions of the TC threatens him with fines. So when to warn an employer about pregnancy? According to generally accepted standards of professional ethics, a woman should inform her immediate boss about going on maternity leave a little in advance. It takes time for the employer to choose a replacement employee for such a long time.
When to inform the employer about pregnancy? You can get a medical confirmation first. A certificate of pregnancy can be issued to the expectant mother in the LCD as soon as this fact is established by the gynecologist, that is, already starting from 5-6 weeks. But is it worth it so early to notify the authorities about their special status? Is it necessary to inform the employer about pregnancy officially or can I get along with the conversation? In general, a woman is not obliged to report her position before the decree, but this will not ruin the relationship with her superiors and colleagues, who will urgently need to find a replacement and teach a new person.
Doctors in antenatal clinics in most cases do not recommend women to inform their superiors about their situation before 12 weeks. In the early stages, pregnancy is still very vulnerable, but if a woman informed before this period, then in the future the threats are not so great, there is a high probability of successful bearing and childbirth. If the examinations conducted in the antenatal clinic predict pregnancy complications, and it is also known that there is one or several fetuses, the expectant mother can convey this information to the employer. With a single pregnancy, you can already make an approximate calculation of benefits.
When to inform the employer about pregnancy? It is better to do this no earlier than 12 weeks. When reporting the upcoming decree, the expectant mother should discuss a number of issues with the employer. This can be lightweight or remote work until the very day of childbirth, if it is unprofitable for some reason to go on maternity leave, the opportunity to take the annual need to switch to preferential working conditions, and so on. It is necessary to warn the bosses so that the pregnant woman is not involved in heavy and overtime work, as well as business trips. A lot of organizational issues arise, but this does not mean that we should start discussing them too soon.
In some cases, it makes sense to notify the authorities and colleagues about their special situation before 12 weeks. If the labor duties are too heavy for a pregnant woman or the state of health requires taking extra days of rest, it is worth specifying all issues with the authorities in the early stages. A woman has the right to transfer to light work and reduced working hours. In this case, you need to provide a doctor’s certificate.
When working at work or in harmful working conditions, a pregnant employee has the right to switch to light work. A woman in a position is forbidden to be nervous, work on a conveyor belt, lift weights, work with pathogens, contact with toxic substances and poisons, lift objects from the floor too high, sit on her knees and squat, work in a hot room or in a draft. It is the employer's responsibility to reduce the production rate for a woman in a position, to provide work in which there is no influence of harmful factors. In the event that it is not possible to give the pregnant woman another job, but you cannot leave her in the same place, the law provides for a complete release from duties with the preservation of earnings.
The transfer to easy labor during pregnancy occurs according to the procedure established by law. A woman needs to take a certificate with a recommendation to work with less workload and give it to her immediate boss. Without documentary evidence of pregnancy, no benefits will be granted. A certificate of gestational age and recommendations for transferring to easy work are necessary, otherwise the boss has the full right to refuse to transfer. Then the employee must write a statement. After a positive response from the leadership, the woman will be reduced the burden, enter into an additional contract or issue a transfer order. This can be done at any time during pregnancy. Since the work is not permanent, they do not make an entry into the labor.
Can a pregnant woman be fired from work? According to the law, the boss has the right to deprive the pregnant woman of work only upon liquidation of the enterprise, but in this case he is obliged to employ the employee in the position. In fact, there are two more situations in which such a worker may lose her job. If the working conditions are harmful or difficult, the employer offers the woman other vacancies, but if she does not agree to them, then she can quit. The basis for termination of employment is also the mutual consent of the parties (dismissal of their own free will). At the same time, the employer should not put pressure on the employee.
Can a pregnant woman be fired from her job if she is employed under a fixed-term contract? No, but the employee must independently apply for an extension of the contract. It will be possible to break it only after she goes to work after a vacation in BiR and caring for a child. Employees who are on probation should not be fired. If a woman is employed during pregnancy, then she must be hired without a probationary period.
The official notification of the employer about pregnancy - a certificate from the antenatal clinic. When registering early, a woman has the right to an additional allowance, which is paid simultaneously with the B&R allowance and after providing the certificate to the authorities. This document can be used as a confirmation of early pregnancy. Additionally (if necessary) the doctor can write out a certificate with a recommendation on transfer to easier work or with information about the duration of pregnancy. Before maternity leave, documentary evidence is the sick leave, on which benefits are paid.
When to inform the employer about pregnancy, each expectant mother has the right to decide on her own. But how to do that? It is necessary to prepare for a conversation with the authorities. It is better to have documentary evidence of pregnancy on hand. It is also worth knowing your rights and obligations in accordance with the new regulation. Before the meeting, you should decide what the goal of the woman is. Need to save a job, switch to easy work now or get a compensation payment and quit early? You need to determine for yourself the main points in the negotiations in order to know what to agree on and what not.
It is better to make an appointment in advance. The topic is a personal question. It is worth considering who will be able to replace the employee for the period of absence in order to propose a candidate and manage to bring a person in the know. Perhaps this proposal is better written in order to show the employer and leave after negotiations. If the boss is a man, then it is worth expressing thoughts briefly and clearly, if a woman - you can say more about the state, express emotions. When the employer formulates the conditions to which the employee agrees, it is better to shift the agreement to paper.
If the employer violates the rights of the pregnant woman, she has the right to complain to the labor inspectorate. Inspectors will conduct an appropriate check. Upon confirmation of the violation, the management will be fined 5 thousand rubles, in addition, they may prohibit activities for three months. According to the Criminal Code, employers who dismissed their expectant mother illegally or have not been hired are facing not only a fine, but also forced labor.
The most serious guarantees provided by labor legislation in our country are provided to women in connection with motherhood. This is especially true for the fairer sex awaiting the birth of a child - it is almost impossible to dismiss a pregnant woman without her consent.
Is it possible to dismiss a pregnant woman without violating the law. The Labor Code of the Russian Federation spells out all possible circumstances of the dismissal of its employees on the initiative of the employer. The most compelling reasons are absenteeism, failure to fulfill one’s immediate duties and violation of labor discipline.
But in relation to a pregnant woman, different rules apply. Therefore, a logical question arises: "And in what cases is the dismissal of a pregnant woman allowed?"
An employer cannot terminate an employment contract on his own initiative with a pregnant woman. But at the same time, pregnancy should be confirmed by a medical document. A visible sign is not evidence.
There is only one circumstance when an employer can terminate an employment relationship with a pregnant woman - this is the liquidation of the enterprise itself. But this does not relieve the employer of the obligation to timely notify such an employee and pay her all the necessary sums of money.
An employer can also dismiss a pregnant woman at a maternity rate only on her initiative.
Strongly forbids the employer to dismiss a pregnant woman on his own initiative. This applies to absolutely all grounds for terminating the employment contract, be it absenteeism, committing a disciplinary offense or unsatisfactory work results at the end of the probationary period. The only exception to this rule is the liquidation of the enterprise.
The dismissal of a pregnant employee due to the fact that the employer ceases his economic activity is possible at any stage of pregnancy - both before maternity leave and after it occurs.
The employer must necessarily warn the employee about the upcoming dismissal upon liquidation of the organization / enterprise at least 2 months in advance. The notice must be in writing, and the employee must sign that she has read it.
You can dismiss a pregnant employee if the branch of the enterprise is closed, and the employee is not ready to move to another location to work in the head office. But the employer must offer her such an opportunity in writing. The dismissal of a pregnant woman during the liquidation of a separate unit occurs in the same way as the dismissal of a pregnant woman during the liquidation of an individual entrepreneur or legal entity, which is the parent company.
The dismissal of pregnant women in bankruptcy occurs in exactly the same way, but not the head of the enterprise, but the bankruptcy trustee deals with all personnel matters.
We are talking about a pregnant employee who works under an employment contract. Its validity may not exceed 5 years. But, if the validity period is agreed, then such an agreement is called urgent, and it can be concluded only under certain circumstances.
If we are talking about a fixed-term employment contract, then its validity on the basis of a written application of the employee is extended until childbirth or termination of pregnancy for other reasons. It will not work here to use pregnancy for personal gain - it will have to be confirmed by appropriate medical documents at the request of the employer, though not more than once every three months.
Unfortunately, not all workers have a complete picture of their labor rights, which is often used by unscrupulous employers. Therefore, upon the expiration of the employment contract, the manager is obliged to explain to the pregnant employee the possibility of prolonging it or to offer her another position - both equivalent to the previously occupied and lower ones, but with working conditions that do not contradict the state of health. Dismissal is allowed only after the woman’s voluntary refusal, set forth in writing.
Thus, to dismiss an employee who is in a state of pregnancy without her consent is possible only subject to the termination of the organization or individual entrepreneur. A special case of this reason is the liquidation of a separate branch of a legal entity located in a region remote from the main office.
Art. 81 of the Labor Code of the Russian Federation implies the grounds for the dismissal of employees on the initiative of the employer. Such grounds include:
But the law protects pregnant women. Dismissal of a pregnant woman at the initiative of the employer under Art. 81 of the Labor Code of the Russian Federation is not allowed, with the exception of paragraph 1 of this article, that is, the termination of the enterprise. Upon liquidation of the branch, dismissal of a pregnant woman is also allowed. This applies to both legal entities and individual entrepreneurs.
The Labor Code of the Russian Federation clearly states that it is possible to dismiss a pregnant woman only upon liquidation of the enterprise or branch. Even if a pregnant woman skips work or violates labor discipline, the employer can limit herself to only reprimand. He cannot apply the dismissal of a pregnant woman under an article or for absenteeism as a disciplinary punishment. This also applies to the dismissal of a pregnant woman under the theft article. The maximum punishment is reprimand!
But, a woman's pregnancy should be constantly confirmed by certificates from a medical institution. A visible sign of a woman’s position is not evidence. The dismissal of a pregnant woman for absenteeism without a good reason is also not allowed, even if the woman did not show up for work and did not present a document justifying her.
This also applies if a woman was hired for a probationary period. An employer can dismiss an ordinary worker if he fails the test. But he cannot do this with a pregnant woman. This applies to all pregnant employees. The dismissal of a pregnant soldier is also not allowed.
This also applies to staff reductions in the enterprise. The employer must offer a pregnant woman a position that meets the medical indications of her condition at the time of reduction. If there are no such posts, then the employer cannot reduce the position held by a pregnant woman. In addition, dismissal to reduce the status of pregnant women is possible only with the consent of the employee.
A pregnant woman can quit only of her own free will. An alternative to this is the dismissal of a pregnant woman by agreement of the parties.
This document is prepared in duplicate, and signed by both parties. It stipulates the main points of the termination of the activity of a pregnant woman:
The dismissal of a pregnant woman by agreement of the parties or of her own free will is a legal basis for terminating the employment contract with an employee. The initiative to conclude a dismissal agreement should come from the woman herself.
A draft agreement can be drawn up by either of the parties, but it must be discussed. All changes made to the draft should be reflected in the protocol of disagreements. As soon as a compromise is reached, the parties sign an agreement. After that, the pregnant woman immediately writes a letter of resignation by agreement of the parties, and not of her own free will.
A woman can decide for herself that she no longer wants to work and write a statement of her own free will. In this case, she will not receive compensation payments. She will receive only wages for actually worked days and compensation for days of unused vacation. The dismissal of a pregnant woman is allowed under articles 78 and 80 of the Labor Code of the Russian Federation.
The rights of a pregnant woman in the field of employment are protected not only by the Labor Code, but also by the Criminal, Administrative and Civil Codes of Russia, as well as by a host of other legislative acts. There are many ways to protect against illegal dismissal, and if the employer, despite the prohibitions, nevertheless terminated the employment contract with the pregnant employee, she has the right to use any of them.
However, as practice shows, the greatest effect is achieved by filing a complaint with the regional office of labor inspection. An application for unlawful dismissal of a pregnant woman can be submitted by both the woman herself and her representative. No further evidence is required. The duties of the inspection staff include a total verification of the arguments of the complaint and taking measures to eliminate the identified violations.
The result of such an appeal may be bringing the employer to administrative responsibility under article 5.27 of the Code of Administrative Offenses of Russia, as well as transferring materials to the prosecutor’s office or other law enforcement body to decide whether to institute criminal proceedings under article 145 of the Criminal Code of the Russian Federation.
However, reinstatement is possible only by court order, where you should contact as soon as possible. If the inspectors find violations regarding the dismissal of a pregnant employee, then it is necessary to file a lawsuit in the court for reinstatement and payment of wages for involuntary absenteeism. As evidence, an order from labor inspectors must be attached to the lawsuit.
In the event of a successful outcome, an unscrupulous employer will be obliged not only to cancel his decision on dismissal, but also, by virtue of Article 234 of the Labor Code of the Russian Federation, fully pay wages for the entire time of a forced absence from work.
The law does not prohibit applying for protection of one’s rights to several instances at the same time, therefore filing a complaint with the Labor Inspectorate does not preclude the possibility of initiating legal proceedings.
Dismissal of a pregnant woman, contrary to the prevailing stereotype, is not always the result of coercion by the employer. There are a number of objective reasons why the continuation of labor relations with a pregnant employee becomes impossible.
Pregnancy is a happy time for a woman, but the interests of the expectant mother do not always coincide with the interests of the employer. An employee in a position requires special treatment, she is entitled to payments, paid leave, easier working conditions ... In some cases, the continuation of an employment relationship becomes unacceptable to the parties.
The employer is experiencing the greatest difficulties, therefore it is he who most often seeks to break the labor contract. But the employer's possibilities are legally limited, since most methods of dismissing an employee in the event of pregnancy are prohibited. Most - but not all, and expectant mothers need to know about those cases when the dismissal of a pregnant woman is allowed.
It is conditionally possible to divide all options related to the dismissal of a pregnant woman into 3 types:
Consider all 3 types separately.
Article 81 of the Labor Code of the Russian Federation provides a list of grounds for dismissal of employees on the initiative of the employer. But only 1 point out of 14 is valid for the dismissal of a pregnant woman - this is the liquidation of the organization or the termination of the activities of an individual entrepreneur. Dismissal on any other grounds provided for in Section 81 will be unlawful. In the event that the employer is an individual, the dismissal of the expectant mother at the initiative of the employer, according to the Labor Code of the Russian Federation, is impossible in any case.
Do not know your rights?
Important! The date of liquidation of an organization is the date of its exclusion from the Unified State Register of Legal Entities, and not the date of commencement of bankruptcy proceedings. Thus, pregnant women workers cannot be fired before the end of bankruptcy proceedings.
Women who are forced to write a letter of resignation of their own free will, threatening to make an “ugly” entry in the workbook, should know: it is impossible to dismiss a pregnant employee on the initiative of the employer even because of absenteeism, disciplinary sanctions, inadequate posts or theft.
The same rules will apply to an employee who is on probation. As soon as the employer is notified of the pregnancy of a woman (for this you will need to register for pregnancy and submit the appropriate certificate from a medical institution), the probationary period ends and all provisions of the Labor Code of the Russian Federation protecting her begin to apply (see When and how should I register for pregnancy?).
Important! The basic guarantees regarding pregnant pregnant women are given in Articles 93, 253-261 of the Labor Code of the Russian Federation.
There is a possibility of dismissing a pregnant woman of her own free will, although there is a misunderstanding of the legislation in this case. Some organizations, knowing how suspicious labor inspections are of such cases, try to avoid dismissal of an employee. Indeed, if a woman later declares that she was forced to write a statement, the labor inspectorate will take her side.
Nevertheless, the dismissal of a pregnant woman of her own free will is possible on general grounds, including with the possibility of granting leave with subsequent dismissal. In the latter case, however, a situation may arise in which, during the next vacation, the pregnant woman will have maternity leave.
If during a vacation with subsequent dismissal a pregnant woman has maternity leave, then the next leave is extended for a period of temporary incapacity for work, and a sick leave is submitted for benefits to the organization that is the employer. Only after the end of maternity leave, as well as the next leave, is a woman considered dismissed.
According to the statement of the pregnant woman, she can also be dismissed in the order of transfer (Article 77 of the Labor Code of the Russian Federation, paragraph 5) or in connection with a change of ownership of the property of the organization (Article 77 of the Labor Code of the Russian Federation, paragraph 6).
There are situations when the dismissal of a pregnant employee is provided for in a labor contract or should occur due to circumstances. These situations include:
If the parties consider the employment relationship to be exhausted, then they end in the usual manner. But according to the statement of the pregnant woman, the employer is obliged to extend the employment contract with her until the end of the pregnancy, even if it is urgent.
For this, a woman needs to write a statement and submit a document (a certificate from a medical institution in which the woman is observed) confirming the fact of pregnancy. Subsequently, such a certificate will need to be submitted to the employer upon his request (but not more often than 1 time in 3 months). After the pregnancy is over, the employee receives the right to terminate the contract within 7 days from the moment he was informed of this fact.
Important! If a pregnant employee performed the duties of a certain employee, then upon the employee’s exit to work, the employer can offer her all the vacancies that the company has, corresponding to the employee’s qualifications and her state of health. If there is no suitable vacancy or the employee refuses to take it, the employer has the right to dismiss her.
Changes in the terms of the employment contract, including transfer to another locality, can also become the basis for termination of employment with the expectant mother. If the organization transfers its activities to another place or the technical or organizational working conditions have changed so much that they no longer satisfy the capabilities of the pregnant employee, then this is the basis for the termination of the employment relationship.
What will happen if the organizational or technological process at the enterprise changes so much that the position in which the expectant mother works is reduced or the working conditions are incompatible with her position? In this case, the woman is obliged to offer all the possibilities for continuing the employment relationship with the employer, including the transfer to another position. If they are not found or none of them are suitable, the employment contract will be terminated.
The Labor Code of the Russian Federation provides for a number of circumstances in connection with which the dismissal of a pregnant woman may occur. Among them:
These circumstances are not the initiative of the employer and may serve as the reason for dismissal, however, for a number of reasons, the employer must offer the employee the opportunity to transfer to another position available for execution.
Thus, the Labor Code of the Russian Federation provides the employer with a sufficiently large list of grounds for dismissing a pregnant woman in cases where it is truly justified and has no alternative solution.