Is it possible to dismiss a pregnant woman? What is fraught withdismissing a pregnant woman for an employer

Пт, 06 май 2016 Автор: Ольга Сергеева

It so happened that in Russia a pregnant woman is “resistant
tin soldier.

It is not only concerned with the fact that it is rapidly gaining weight, that
awkward to sleep, but also the question of whether it is possible to dismiss a pregnant woman
as far as possible and for what articles of the Labor Code.

Let’s try to analyze the views of legislators and compare them with
point of view of the owners of firms and enterprises.

Is it possible to dismiss a pregnant woman? In what cases is it possible?

Every employer must understand that the expectant mother is
practically untouchable worker. She cannot be threatened
reduction of the staffing unit, neither the reorganization of the department, nor the merger
companies. On the contrary, the owner of the enterprise is obliged to translate
the future woman in labor on easy work, do not load tasks, allow
rational use of rest time. All this happens when
compliance with the established salary, official supplements and sizes
premiums.

The only problem in the fate of “newly-minted mothers” – complete
liquidation of the enterprise due to bankruptcy. You can not argue,
whether you can fire a pregnant woman or not. If the employer
a bankrupt obeys several formalities, the law is on his side.
These include:

1) written notification of all employees of the institution, without
exceptions, 2 months before the estimated liquidation date
(closure) of the company;

2) the preservation of all previously recorded termination benefits;

3) disability certificate payment, in the event that
filed.

When the record of the termination of the enterprise appears
In Incorporation, then a pregnant employee will be considered dismissed
Article 81 of the Labor Code and obtains the status of unemployed
a citizen. After that, further leave for child care and
child benefits are calculated, paid at the minimum
size.

Another case where the situation is, is it possible to dismiss a pregnant,
interpret 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
Alert the head of the company about their future intentions.
First, every three months she needs to present a certificate from
Obstetrician-gynecologist on the status of current pregnancy. Secondly,
women are encouraged to report in writing about their desire to work before
moment of birth of the baby. Under these conditions, the place behind it
preserved.

How to behave if the worker, in the place of which
a woman works with a small or already big belly,
recovered by court order? Nothing can be done if vacancies
no, you have to accept your defeat.

Is it possible to dismiss a pregnant woman? In what cases it is impossible?

Labor law provides many objective
reasons for dismissing ordinary employees. These are labor violations.
discipline, absenteeism, conflict of interest, theft of property
organizations, disclosure of personal data. Is it possible to dismiss
pregnant for a long absence in the workplace or other
similar offense? Obviously not. The boss is allowed
only declare a disciplinary sanction, issue a reprimand and
reduced premium. However, if a woman can prove that
spent hours of absence in the clinic, in the ultrasound examination room, she did not
will be punished even that way.

For theft of property, personal interest, leakage
personal information requires evidence, evidence from a PC, with
security cameras. This procedure is a judicial matter.
proceedings that last more than half a year. Of course when it’s up
comes to prosecution and imprisonment then
future mother’s chances of a serene career become equal
to zero. So you should not risk it. And what is the future woman in labor
will behave “not according to the norms of the law” when he knows what kind of mistakes
mother will pay innocent child?

Is it possible to dismiss a pregnant woman? How to act to
protect your rights?

Often a common situation – the employer declines
pregnant woman to ensure that she quit on her own
at will (by agreement of the parties). What to do in this case?
For a pregnant woman, it is important to be patient and do yoga and
search for like-minded people. But, in no case should not write
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 about her
declaration of will, she has the right to withdraw her application to
for 2 weeks. Just do it in writing,
registering a duplicate form with the secretary-clerk.

If suddenly, “without five minutes, the woman in labor” was dismissed under Article 77
Labor Code, it can only be restored in the workplace.
competent judicial authority. In the courthouse pregnant without difficulty
will be able to prove that she was forced, forced, provoked to
so decisive action. The judge would rather side with
a person who is more vulnerable than stupid and
расчетлandвого собственнandка.

Благодаря старанandям законодателей угрозам глупого работодателя
not destined to come true. Любая беременная женщandна andмеет право обратandться
в трудовую andнспекцandю andлand прокуратуру. It will be fraught with unscheduled
проверкой деятельностand владельца фandрмы. And there they will find so much
нарушенandй, что мало не покажется!

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