How to dismiss pregnant on probation

How to dismiss pregnant on probation

To minimize the possible risks associated with unsatisfactory work and non-professionalism of the future employee, in the Labor Code of the Russian Federation provided probation. Taking a person to work, the company's head establishes the temporary borders of the labor test, according to the norms of the law, and after their expiration decides, whether labor relations with such an employee further or not. But in any team, such a situation is not excluded when an employee who is on IP may be pregnant. The leader arises a question, and is it possible to terminate all the labor agreements with such an employee and how to do it legally?

1
The probationary period is that it is good that by its expiration to part with an employee who does not apply to the necessary labor qualities will be possible in a simplified scheme - to arrange it as not the test. This can be done and ahead of time - until the end of the established date - in 3 days, warning a person about his dismissal in writing. With a pregnant employee, it is possible to enroll in such a scheme only if you know about its state formally, but it did not provide you with the documentent papers.

2
In the case when a woman who is on the IP reports its position to leadership without the presence of several other employees - it is possible to dismiss it if it does not provide documents on the time you have established a pregnancy.

3
An employee, a test term that documented its pregnancy, according to the law of the Labor Code of the Russian Federation, can no longer be fired by any considerations and desires of the employer. A pregnant woman management can create such unbearable working conditions under which it will decide on the dismissal independently.

4
Legally dismiss a pregnant employee who is on IP is possible only in case of termination of the organization, the closure of the branch or with the full end of any activity of the entrepreneur itself - TK RF Art. 261..

It is almost impossible to dismiss the woman, pregnant and on a probationary period, from a legal point of view. TK of the Russian Federation reliably protects future mothers and provides them with maximum social protection. If you still decide to make a step towards violation of the law - litigation, most likely, you can not avoid.

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