In the context of the financial crisis, employers are increasingly trying to reduce the wage fund. Some of them do not know the laws well, others simply wish to get around them. Many managers are asked: it is possible to dismiss a pregnant woman and how to do it. These problems are worried about future mothers. Although such a category of employees is under special protection of the Labor Code, the bosses still find "loopholes" in law to say goodbye to pregnant. This article for those who want to dismiss the future mother, but does not know how to do it.
Provisions of the law
Immediately we note that it is almost impossible to dismiss a pregnant worker, not to break the law. The Labor Code provides serious social protection for motherhood. Namely, the article 261 of the TC states that at the request of the employer, the termination of labor relations with women in position is unacceptable. Even in the case when the employment contract is urgent. Writing a pregnant statement for its extension is necessary, and the boss must continue their labor relations until the future mother of maternity leave is issued. The physical condition of the woman in this case is confirmed by a medical certificate once a quarter.
Statement of pregnant on the extension of an urgent employment contract here.
An example of a pregnant woman's extension of an urgent employment contract here.
Ending an employment agreement
As mentioned above, this situation is not a reason for the dismissal of pregnant. You can do this only when the management offers a worker to stay, and it refuses. Another opportunity provides Article 261 (3 paragraphs) when the contract was concluded during the absence of another employee. Then the boss must be acting in the following order:
- Suggest a woman to transition to less difficult operation during pregnancy. In case of refusal of the proposed vacancies, the future mother is subject to dismissal.
- It is worth adding that it is necessary to voice all available available posts, otherwise the pregnant woman may challenge the employer's actions in court.
Download on our site:
Order form about extending the term of employment contract;- Sample order for the extension of the labor contract;
- Notification from the employer about the provision of hide help;
- Sample notification from the employer about the provision of hover hips;
- Opening Form;
- Sample disposition of dismissal.
Elimination of the enterprise or the completion of an individual entrepreneur
Such a reason can serve as a legal basis for the dismissal of a pregnant (Art. 261 of the Labor Code of the Russian Federation). With paradoxical - when the branches and representative offices outside the territorial borders of the head office are also allowed to terminate relations with such employees. This rate is especially beneficial to employers, and they actively use such "Trunk" on practice. The main thing is to warn a woman two months before this process.
It is noteworthy that the termination of labor relations due to any forms of reorganization of the enterprise will re-with the principles of labor legislation. In addition, if an individual is not an individual entrepreneur, then the norm 261 of the Articles of the TC in this case does not apply. In other words, such an employer make dismissal is not right.
Order of dismissal in connection with the liquidation of the enterprise we have.
An example of an order of dismissal due to the liquidation of the enterprise on the site.
At your own accord
Perhaps this is one of the most "ideal" to guide the options for the dismissal of a woman in the "interesting situation". But such a category of persons is very rarely calculated, most often it is forced to do this (under pressure, threats). These actions are prohibited by law, and a woman can recover through court or labor inspection. Important: The future mother has the right to withdraw the application within two weeks from the date of its submission.
On our site are available:
- Application form on the calculation of your own accord;
- An example of an application for calculation on your own accord;
- Feedback on dismissal statement;
- Sample Dismissal Statement.
By agreement of the parties
With such a wording, future mothers are fired most often. In this case, the employer frees the place, "Pulley" by having agreed with a pregnant worker, and instead pays it a certain amount of compensation that suits both.
Sample order of calculation by agreement of the parties here.
Pregnant women are a special kind of workers. Therefore, the legislation of the Russian Federation protects the maximum of their rights, especially in conditions related to the termination of labor relations. Summarizing all of the above, we conclude that the simplest and most real basis for the dismissal of a pregnant woman is her desire, as well as cases not related to the initiative of the head of the organization.
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