Can I dismiss a pregnant woman?
Many women who are pregnant and go on maternity leave are asking themselves: can they be fired? And for what reasons can this be done? We will answer right away - it is impossible to do this within the framework of the established legislation!
All answers can be found in the Labor Code of the Russian Federation. In particular, guarantees for pregnant women and women with children are set out in article 261 of the Labor Code of the Russian Federation. Labor legislation regulates the rights of pregnant women, establishes guarantees for them in order to protect the life and health of their and their future children.
How can dismiss a pregnant
Can a pregnant woman be fired? Can a pregnant woman cut?
So, pregnant women working under an employment contract are protected from dismissal at the request of the employer. Dismiss a pregnant woman can not and to reduce the number of staff.
An exceptional case is the termination of the activities of the organization or personal consent, and accordingly, the signature of the pregnant woman on the agreement.Also as an exception, the following case can be considered: the term of the employment contract expired during pregnancy. There is another case in which a pregnant woman can be fired: she was hired as an interim executor of the duties of an absent employee.
In addition, a pregnant woman, even with her signature, cannot be transferred until the end of the pregnancy to another job with the same employer.
And if a pregnant woman works under a fixed-term contract? If it expires during pregnancy, the employer is obliged to extend the contract until the end of the pregnancy upon a written statement from the woman. The employer has no right to refuse a pregnant woman to extend the contract, of course, subject to the provision of a certificate of pregnancy. What is important: the certificate does not necessarily have to be from the municipal clinic, it can be taken from a private gynecologist. The employer has the right to request such a certificate once every three months.
Dismissal for hooky
Is it possible to dismiss a pregnant woman for absenteeism? A pregnant woman cannot be fired due to a violation of labor discipline or failure to perform duties.This is against the law. However, this advantage should not be abused, as the employer may well cut wages or deprive it. This will be legal, because the employer may not pay wages if the employee fails to fulfill his job duties.
However, a pregnant woman has the right to work part-time. At her request, the employer will be required to establish either part-time or part-time work. In the second case, the number of working days per week is reduced, but the duration of the working day remains.
What is important: the Labor Code does not exclude the possibility of simultaneous establishment of part-time work and part-time work week. More on this can be found in Article 93 of the Labor Code of the Russian Federation.
Dismissal on probation
Is it possible to dismiss a pregnant woman on probation? Article 70 of the Labor Code of the Russian Federation stipulates that the employer does not have the right to impose a probationary period on pregnant women.
You can also refer to Article 64 of the Labor Code of the Russian Federation: after a probationary period, it is forbidden to refuse to conclude an employment contract for women because of pregnancy.
It is important to remember the following fact: if a woman hides the fact of pregnancy from an employer while applying for a job, he does not have the right to subsequently dismiss her, since this is a private matter of the woman and she is not obliged to notify about it.
A pregnant woman cannot be involved in overtime work. Without her written consent, she cannot be sent on a business trip or forced to work on weekends.
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