It so happened that in Russia a pregnant woman is a “persistent tin soldier”.
She is concerned not only with the fact that she is rapidly gaining weight, that it is uncomfortable to sleep, but also with the question of whether it is possible to dismiss a pregnant woman, as much as possible and under what articles of the Labor Code.
Let's try to analyze the opinions of legislators and compare them with the point of view of the owners of firms and enterprises.
Can a pregnant woman be fired? In what cases is it possible?
Each employer must understand for himself that the expectant mother is an almost untouchable worker. She should not be threatened with either a reduction in staffing, or reorganization of a department, or a merger. On the contrary, the owner of the enterprise is obliged to transfer the future mother in labor to easy work, not to burden tasks, to allow rational use of rest time. All this happens subject to the established salary, official additions and the size of bonuses.
The only problem in the fate of the "newly made mothers" is the complete liquidation of the enterprise due to bankruptcy. There is no arguing whether it is possible to fire a pregnant woman or not. If a bankrupt employer follows several formalities, then the law is on his side. These include:
1) a written notice to all employees of the institution, without exception, 2 months before the proposed date of liquidation (closure) of the company;
2) the preservation of all previously recorded severance pay;
3) payment of the certificate of incapacity for work, if presented.
When a record of the termination of an enterprise appears in the Unified State Register of Legal Entities, then a pregnant employee will be considered dismissed under Article 81 of the Labor Code and will receive the status of an unemployed citizen. After that, further parental leave and child allowances are accrued, paid at the minimum amount.
Another case where the situation of whether you can dismiss a pregnant woman is interpreted ambiguously: a woman is employed at a temporary rate (for the period of absence of a permanent employee). In this situation, she becomes vulnerable, and her duties include vigilance and warning the head of the company about her future intentions. Firstly, she needs to present a certificate from the obstetrician-gynecologist about the status of the current pregnancy every three months. Secondly, women are advised to inform in writing of their desire to work until the birth of the baby. Under these conditions, a place is reserved for it.
How to behave if an employee in whose place a woman with a small or already large tummy is working has been restored by a court decision? There is nothing to be done, if there are no vacancies, then you will have to accept your defeat.
Can a pregnant woman be fired? In what cases is it impossible?
Labor legislation provides many objective reasons for the dismissal of ordinary employees. These are violations of labor discipline, truancy, conflict of interests, theft of property of the organization, disclosure of personal data. Is it possible to dismiss a pregnant woman for a long absence from the workplace or other similar misconduct? Obviously not. The chief is only allowed to declare a disciplinary sanction, to issue an order to reprimand and reduce bonuses. However, if a woman can prove that she spent hours of absence in the clinic, in the ultrasound room, then she will not be punished even in this way.
For theft of property, personal interest, leakage of personal information, evidence, evidence from a PC, from video surveillance cameras are needed. This procedure is a litigation case that lasts more than six months. Of course, when it comes to criminal prosecution and detention, the chances of the expectant mother to a serene career are nil. So you should not risk it. And what future woman in labor will behave “not according to the rules of the law” when she knows that an innocent child will pay for the mistakes of her mother?
Can a pregnant woman be fired? How to act to protect your rights?
Often a common situation - the employer persuades a pregnant woman to quit voluntarily (by agreement of the parties). What to do in this case? It is important for a pregnant woman to be patient and do yoga and looking for like-minded people. But, in no case should you write a statement!
It happens that psychological comfort for the expectant mother is more important than the search for truth. If suddenly a woman signed a paper of her will, then she has the right to withdraw her application within 2 weeks. You only need to do this in writing by registering a duplicate of the form with the secretary-clerk.
If, suddenly, "without five minutes, a woman in labor" was fired under Article 77 of the Labor Code, then only a competent court can restore her at her workplace. In the courthouse, a pregnant woman can easily prove that she was forced, forced, provoked to such a decisive action. The judge would rather take the side of a person who is still vulnerable than the side of a stupid and prudent owner.
Thanks to the efforts of lawmakers, the threats of a stupid employer are not destined to come true. Any pregnant woman has the right to contact the labor inspectorate or prosecutor's office. This will be fraught with unscheduled verification of the activities of the owner of the company. And there they will find so many violations that it will not seem enough!
