- not always in the interests of the employer. A pregnant woman needs special working conditions, registration of social benefits.

Today, it often happens that the employer finds several reasons for the expectant mother to no longer work in his organization. How possible is the realization of the wishes of the leaders, and will the dismissal be legal? It is worth looking into in more detail.

Possible reasons for the dismissal of employees

According to the Labor Code of the Russian Federation, termination can be made by the employer on the basis of Art. 81.

These grounds can group in the following way:

1. Guilty actions of the employee. This includes repeated failure to perform duties by an employee, being late for more than 4 hours, violations of labor protection requirements that entailed a threat to others and the property of the organization, etc.
2. Inconsistency in the skill level of the employee, identified by the results of certification.
3. , change of ownership.

The reasons for the dismissal of an employee can also be established not only on the basis of the Labor Code, but also on other federal laws.

Can an employer use all of the above circumstances in its favor to fire a pregnant woman?

Reasons for the legal dismissal of a pregnant woman

It is worth clarifying the fact that every pregnant woman has the right, but in this case she will not receive money for, she will lose additional payments that are accrued by the social fund, only to working women.

Size monthly allowance child care for the unemployed is calculated depending on. Workers receive it as a percentage of s, which is often an order of magnitude more. If the employer forces the employee to write a letter of resignation of her own free will, this should never be done.

The Labor Code does indeed contain a number of articles that provide for and allow an employee to be fired, regardless of its position:

• The term of the employment contract has ended. In the case of such a situation, a woman is not left without the support of the state. There is an exception for pregnant women.
  In the event that a woman was placed in the place of another employee, at the time of his entry into workplace, the employer is obliged to provide vacancies for those suitable for the qualification level of the pregnant woman and taking into account her state of health. If there are none or the employee refuses to take them, then it will be legal to dismiss the employer in accordance with Art. 77 of the Labor Code of the Russian Federation, clause 2.
• Changing the terms of an employment contract (Article 77 of the Labor Code of the Russian Federation, clause 7) and refusal to transfer to another locality (Article 77 of the Labor Code of the Russian Federation, clause 9) can also serve as a reason for the dismissal of a pregnant woman. Transfer of the organization's activities to another locality, change in technical working conditions or organizational issues All of these factors can be grounds for terminating an employment relationship.
  If the working conditions of the expectant mother change so much that they cannot be satisfied with her capabilities, all possible measures should be taken to continue the employment relationship. Transfer to another position is also appropriate here.
• Circumstances beyond the control of the parties to the contract. Liquidation of the organization, termination of the activities of individual entrepreneurs, reductions, change of ownership.

Indeed, the closure of the enterprise can serve as a reason for dismissal on legal grounds. But here it is worth taking into account the fact that the date of dismissal should be the date the enterprise was excluded from.

If you have not yet registered an organization, then the easiest do it with online services, which will help you generate all the necessary documents for free: If you already have an organization, and you are thinking about how to facilitate and automate accounting and reporting, then the following online services come to the rescue, which will completely replace an accountant in your enterprise and save a lot money and time. All reporting is generated automatically, signed with an electronic signature and sent automatically online. It is ideal for an individual entrepreneur or LLC on the simplified tax system, UTII, PSN, TS, OSNO.
Everything happens in a few clicks, without queues and stress. Try it and you will be surprised how easy it got!

Reasons not leading to dismissal

Often, unscrupulous employers who do not want to associate their business with pregnant women intimidate them with dismissal with a negative entry in. It is important for everyone to know that in no case can he do this.

Dismissal due to absenteeism, disciplinary violations, probationary period, the guilty actions of the employee - all these are not reasons for terminating the employment contract.

Regarding these violations on the part of a pregnant employee may be appointed:

• disciplinary actions;
• deprivation of premiums;
• fines, etc.

The nuances of firing a pregnant employee

Although the options for termination of employment have already been considered, it is worth considering a few more situations in relation to which dismissal can still occur.

An employee arranged according to is vulnerable.

Dismissal can only occur on the basis of two factors:

Before informing the employer about her situation, every pregnant woman needs to register with the antenatal clinic and receive a proper certificate there.

If the employer is aware with the presentation of a certificate, then even the expiration of a fixed-term employment contract cannot cause a break in the employment relationship. Even if the term of the contract has expired, a woman who has provided a certificate from the antenatal clinic about her situation can write an application addressed to the head of the organization to extend the term of the contract. To which the organization is obliged to extend the validity until the end of the pregnancy.

The organization may require periodic confirmation of the position of an employee no more than once every three months. On the day the maternity leave ends, the employment contract ceases to be valid.

Finding a pregnant woman also cannot be a reason for dismissal.

The Labor Code of the Russian Federation establishes that the duration of the probationary period cannot exceed three months. In the event that an employee informs her employer of the pregnancy, the probationary period is automatically terminated and the employment contract becomes permanent. It is worth clarifying again that in order for the employer to establish the position of his employee, you need to provide a certificate. Otherwise, he can fire her without breaking the law.

The dismissal of a working pregnant employee is also impossible. Payment during maternity leave, as well as other social benefits, is calculated in the organization, which is the main place of work.

A woman who is expecting the birth of a child and who is a temporary worker in an organization cannot be dismissed at the initiative of the employer. She was hired on a fixed-term contract. Dismissal can occur only if there are no vacancies in the organization or any other options offered by the employer to the employee did not suit her.

Features of the dismissal of a pregnant woman at her own request

Like any other employee, a pregnant woman has the right to express a desire to quit or change jobs. Laws do not restrict women in this. The procedure is similar to the dismissal of an employee out of position.

But there are situations when the employer does not allow the employee to quit of her own free will. Such cases are much less than forced to dismiss, but still they are present. So, what should a woman do who does not want to strain during this period or just change jobs? How legit refusal of the employer to dismiss?

In order to ensure a more accurate communication of information to the employer, you need to draw up. Circumstances may require immediate dismissal, without working off, here it is imperative to indicate the reasons. The employer can only refuse to dismiss without working off, otherwise there are no legal grounds for retaining an employee. Otherwise, if the employer threatens not to pay the calculation or by other methods, you need to contact law enforcement agencies.

Getting fired no matter what

Situations where an employer, not embarrassed to break laws and not afraid of retribution, nevertheless fire a woman for her peculiarity, still occur quite often. What to do in this case, a pregnant woman and where to turn for help?

There are many options and a woman will not be left without protection.

If, nevertheless, the woman was fired, then the inevitable will be trials. Place to go:

1. Labor inspection of the region or city. Here you can both write a complaint and get legal advice. They will help you compose.
2. The court located in the area where the employer's organization is legally registered.
3. Lawyer of the antenatal clinic, where a pregnant woman is registered.

A woman planning to sue her employer for more successful outcome case, it is worth providing as much evidence as possible in your favor: documents, photocopies, bring witnesses, etc.

Husband and pregnancy

European countries have long practiced care in maternity leave not mom, but dad. In Russia, such a trend is hardly noticeable, but still every man, in accordance with the law, has full right receive child care benefits for the entire period of maternity leave. Dismissal, without the consent of the man, at the initiative of the employer is also impossible. In general, all the rights that protect pregnant women apply in this case to the baby's dad.

It is possible to use parental leave by dividing it into parts between the parents.

The rights of a person preparing to move to another stage of his life must be respected at the best level, and in case of their violation, protection must act decisively.

Features of the procedure for dismissal of a pregnant employee are discussed in the following video:

5/5 (2)

When is it illegal to fire a pregnant employee?

The legislation primarily protects the rights of a pregnant employee from violation by the employer, who does not have the right to remove her if there is no good reason. If an employee performed work duties, but she is fired, then she can go to court with a statement of claim against the employer.

A dismissed employee can demand in court not only to renew the employment contract with a full salary, but also to compensate for non-pecuniary damage if the employer put pressure on the pregnant woman upon dismissal.

So, if the employer, without a good reason, dismissed a woman in a position, then for this he can either be fined 200 thousand rubles or sentenced to corrective labor.

The legislation also prohibits the dismissal of a pregnant employee from the workplace, even for absenteeism. In the absence of a written request for excommunication, the employee is subject only to disciplinary action. A disciplinary sanction is applied in case of theft, damage to property or appearing at the workplace in an intoxicated state.

A woman in position cannot be suspended from work in the event of a probationary period. Upon presentation of a certificate of pregnancy, a person becomes a full-fledged employee, and in case of illegal dismissal, the employer of this woman will be fined.

If a pregnant employee has concluded a fixed-term employment contract with the employer, the term of which expires during pregnancy, then the woman has the right to submit an application for the extension of this contract until the end of pregnancy. According to this agreement, the employer can fire her 7 days after giving birth.

Important! A certificate of pregnancy is provided quarterly, and in case of termination of pregnancy, the woman is obliged to inform the employer about this, otherwise the latter may dismiss the woman within 7 days from the moment the truth is established.

Can a pregnant woman be laid off from work?

Legislation does not allow a pregnant employee to be laid off from work.

If there is a reduction in the unit, the employer is obliged to offer the woman another suitable job.

If the employee is not satisfied with the new vacancy, then she has the right to leave work of her own free will. In the case of a pregnant woman providing assistance to physical. person (if she worked, for example, as a nanny, etc.), this person is an employer and cannot remove a woman of her own free will.

When can a pregnant woman be fired?

Now we should consider cases where a woman in a position can be removed.

This can happen if:

• liquidation of legal persons, divisions where a woman was employed, or when an individual entrepreneur is closed, an enterprise is declared bankrupt;
• implementation labor activity under a fixed-term contract and if the woman presented a certificate of pregnancy after the expiration of the period specified in this document;
• if the term of the employment contract has expired, and the main employee returned to his workplace, and the pregnant employee refused another vacancy, or there is no other suitable vacancy;
• changes in working conditions (when moving, presenting new technical requirements). The employer offered the woman all sorts of options for extending the employment contract (including a different work position), but none of them came up;
• voluntary dismissal.

Since in practice there have been cases when pregnant women fired on their own initiative sued the employer, accusing the latter of putting pressure on them, employers prefer to fire them by mutual agreement.

Watch the video. Expiration of the employment contract and dismissal of pregnant women:

Dismissal upon liquidation of an enterprise

You can dismiss an employee due to liquidation, and not in the case when a reorganization has occurred, a change in legal status. persons or the dissolution of the department. Jur. a person is considered liquidated on the day of its exclusion from the USR (Unified State Register).

If there is another vacancy for a pregnant employee, then the employer must:

• warn her about the liquidation of the company 2 months before;
• pay the severance pay in full, which is equal to her average monthly salary;
• pay unused vacation days;

It should be noted that the average salary is paid no more than 2 months after the dismissal of a woman, if she does not find a new job.

A pregnant employee is also entitled to receive social benefits for pregnancy and childbirth.

Dismissal on own initiative

Upon dismissal on one's own initiative:

• a woman in position submits a statement of resignation 2 weeks before leaving;
• the employer signs the issued order for the dismissal of the employee. This document indicates the reason for dismissal;
• in the work book, the responsible person makes an entry about the suspension;
• the dismissed employee undertakes to work 14 days from the date of application, with the exception of cases of inpatient treatment;
• benefits are not issued.

Please note! Upon termination of the employment contract by mutual agreement:

• an agreement is drawn up in the form of a letter;
• an order is issued;
• the responsible person makes an entry in the work book about the suspension;
• the employer pays wages in full;
• the parties decide on a 2-week working off (the period can be reduced);
• benefits are not issued.

Termination of a fixed-term employment contract with a pregnant woman

If the expectant mother is employed on the basis of a fixed-term employment contract, then the employer does not have the right to terminate this contract. In addition, he undertakes to extend the term of the contract until the moment when the pregnancy ends. The employer may also require a certificate of pregnancy, but once every 3 months.

The employer has the right to dismiss a woman after childbirth only 10 days after the end of the pregnancy.

If the expectant mother occupies a temporary position, then after the birth, the employer must offer her a new vacancy. If there is no similar workplace, then the employer is obliged to offer the woman other free options.

Dismissal of a pregnant woman under the article or for absenteeism

The Labor Code states that a woman in a position can only be removed in the event of the liquidation of a company or branch.

Note! A woman cannot be dismissed also in case of absenteeism or violation of labor discipline. In this case, the employer is obliged to limit himself only to a reprimand, that is, a disciplinary punishment, which he is not entitled to exchange for a punishment in the form of dismissal.

The woman undertakes to constantly provide the employer with certificates confirming the fact of pregnancy. The employer also does not have the right to dismiss an employee in a position if the latter was hired with a probationary period. military woman in position also cannot be removed.

When reducing staff, the employer undertakes to offer the employee a similar job with safe conditions work. It should be noted that in this case, a pregnant employee can only quit of her own free will or by mutual agreement.

When working in the place of a temporarily absent person

In practice, it is not uncommon for women to become pregnant after being hired for temporary work.

If a permanent employee returns to the workplace, the employee in the position is subject to suspension. In this case, the employer does not have the right to dismiss this employee, since the law prohibits this.

If the above situation has developed, the employer undertakes to offer the expectant mother a new vacancy with safe working conditions. This work should not be heavy, as pregnant women are advised not to lift heavy things or work in unsafe conditions.

If there is no suitable qualification, specialty, then the employer can offer another free place of work.

In practice, quite often in collective agreements one can find conditions according to which the employer can offer vacancies in other points of the population, regions and even regions. If the option of employment with relocation does not suit the pregnant employee, then she is subject to suspension from work.

Is it possible to fire a pregnant woman if there was a ban on pregnancy under the contract

In practice, there are cases when employees, after being hired, sign an agreement that specifies certain conditions for obtaining a new job. These terms and conditions must not be in conflict with current legal provisions.

The list of illegal requirements includes conditions according to which a woman should not become pregnant, and during pregnancy she will not be able to go on maternity leave.

If a woman signed a document containing such conditions, then this paper cannot have legal status. strength. In this case, the pregnant employee can revoke the contract at any time.

If the employer nevertheless dismissed the employee in position, then the latter may file a complaint with the labor commission.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

How to fire a pregnant employee by law: procedure

When an organization or enterprise is liquidated, all laid-off employees, including pregnant employees, have equal rights (Article 180, Clause 2 of the Labor Code of the Russian Federation).

So, when liquidating a company (closing an IP), management is obliged to follow the procedure for:

• 60 days notice to employees of the suspension. Upon receipt of the written notice, employees must read the document and put their signature there. Documents must not be presented orally;
• termination of employment contracts. In this case, the expectant mother is obliged to give written consent to terminate the contract;
• issuing an order on the liquidation (closing) of the company and the dismissal of employees who, after reading the order, must sign in the “Acquainted” column;
• payroll and employee compensation.

The employer undertakes to provide certain papers to employees upon their written application.

The list of these documents includes:

• copies of production orders for admission, suspension, as well as about internal transfers;
• certificate of salary, which is necessary for the calculation of benefits for pregnancy and childbirth, child care, as well as for temporary disability.

In addition, management provides the employee with a salary and severance pay. All certificates and money are issued on the last day of work, that is, on the day you leave work.

What to do if you were fired illegally

In case of violation by the employer of the rights of women in a position (in case of illegal dismissal or in case of coercion), the latter have the right to file a claim with the court. In this case, the plaintiff will not be required to pay the state fee in court.

In addition, an injured employee who is expecting a child can go to other government agencies with a demand to protect her rights, namely:

• the Federal Labor Inspectorate, thanks to which numerous labor conflicts are resolved;
• prosecutor's office;
• court with a claim.

If a woman still went to court, then her violated rights will be restored in court.

ATTENTION! View the completed sample complaint against the employer to the labor inspectorate:

If the court ruled in favor of the plaintiff, then on the basis of this document, the employer must:

• reinstate a pregnant employee at work;
• provide a woman with a duplicate work book without a record of dismissal from work;
• compensate the expectant mother for moral damage (proven);
• pay the employee compensation for the time of forced absenteeism, which is calculated according to the average salary.

The rights that are guaranteed by the state must be respected by both the employer and the pregnant employee, who, in conscientious performance of work duties, is reliably protected by the Labor Code of the Russian Federation.

If she is suspended from work at the initiative of the employer, then this decision will be illegal. The exception is some circumstances stipulated in the Labor Code of the Russian Federation. If a woman knows her rights, then she may not worry about losing her job and work until she goes on maternity leave.

ATTENTION! View completed sample statement of claim sue the employer for wrongful dismissal:

The general procedure for interaction between the employer and the pregnant employee is prescribed in the “Features of the regulation of the labor of women, persons with family responsibilities". It contains guarantees for pregnant women in terms of vacations, business trips, overtime work and dismissal. In particular, it states that termination of an employment contract with a pregnant woman at the initiative of the employer is not allowed. Action h. 1 Art. The Labor Code of the Russian Federation applies to all women, including heads of organizations, athletes, coaches, civil and municipal employees - those whose work is regulated by special labor law rules (clause 26 of the Resolution of the Plenum Supreme Court RF dated January 28, 2014 No. 1).

The only possible exception is formulated in the same Art. Labor Code of the Russian Federation: it is possible to dismiss a pregnant woman at the initiative of the employer only in the event of the liquidation of the organization or upon termination of activity by an individual entrepreneur. It would seem that everything is correct: pregnant women cannot be fired. However, in practice, employers find legitimate ways to part with such employees.

Dismissal by one's own or by agreement of the parties - what to choose?

Labor legislation does not in any way restrict a pregnant employee in the right to part with the employer on her own initiative. And for the leader, this is a chance to resolve the issue peacefully. When negotiating with the employee about such a dismissal, the manager can meet her halfway and let her go without the obligatory two-week “working off”. It is important to remember here that the employee must write a letter of resignation on her own, of her own free will, threats and coercion from the employer are unacceptable and punishable by law.

Another option to part peacefully is dismissal by agreement of the parties (art., Labor Code of the Russian Federation). At the same time, both the employee and the employer can initially act as the initiator. In this case, the employment contract can be terminated at any time determined by the parties (Article 4 of the Labor Code of the Russian Federation, clause 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation).

The employer and the employee sign an agreement where they express a mutual desire to leave, indicate the amount of payments, including compensation that the company transfers, the timing of the completion of cooperation and other conditions that are important for the parties. In this case, the employee may not write a letter of resignation, one agreement is enough.

Please note: if a woman agrees to dismissal on her own, she does not receive any additional payments, except for calculation and compensation for unused vacation.

Also, by mutual agreement, the agreement can be canceled (paragraph 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation). But the employee may refuse to comply with the agreement in unilaterally if she found out about her pregnancy after signing the agreement. This is one of those pitfalls which the employer should always keep in mind.

What if the term of the employment contract has expired?

The expiration of the employment contract (clause 2, part 1, article of the Labor Code of the Russian Federation) is not the most difficult reason for dismissing an employee, but only if we are not talking about a pregnant woman. In order for the employer to be able to dismiss such an employee, two conditions must be met (part 3 of article of the Labor Code of the Russian Federation):

- an employment contract must be concluded only for certain period- for the duration of the performance of duties of another (absent) employee;

- transfer with her consent to another job available to the employer and not contraindicated for health reasons should be impossible.

Prior to dismissal, the manager is obliged to offer the pregnant employee another job: vacant positions that correspond to her qualifications, as well as lower positions or lower-paid work that a woman can perform taking into account her state of health.

Important! Vacancies must be located in the same locality, unless otherwise provided by the collective agreement or other internal documents (part 3 of article of the Labor Code of the Russian Federation).

If a pregnant woman agreed to one of the offered vacancies, the employer extends the term of her employment contract until the end of pregnancy, regardless of the reason for its end: the birth of a child, miscarriage early term, interruption for medical reasons, etc. (part 2 of article of the Labor Code of the Russian Federation, paragraphs 1, 3, paragraph 27 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated). A woman must confirm her pregnancy with a medical certificate at the first request of the head, but not more than once every three months.

Can a pregnant part-time worker be fired?

Another difficult case is if a pregnant woman works part-time. Often this is a temporary solution and the employer plans to hire a permanent employee for a combined position. An article of the Labor Code of the Russian Federation provides that an employer may terminate an indefinite employment contract with a part-time job when he is hired for this position new person for whom this position will be the main one.

What to do with a pregnant woman? It is impossible to dismiss her, since labor legislation unequivocally interprets this situation as dismissal at the initiative of the employer, which means that she falls under Part 1 of Art. TK RF.

How to change the terms of the contract with a pregnant woman?

The prohibition to terminate an employment contract with pregnant employees, established by Part 1 of Art. The Labor Code of the Russian Federation applies to cases of dismissal at the initiative of the employer. The unwillingness of the employee to continue working in the organization, because the terms of the employment contract have changed (clause 7, part 1, article of the Labor Code of the Russian Federation), does not apply to such cases. However, the employer must be ready to prove that organizational or technological changes were necessary and the new working conditions did not worsen the situation of the employee. The absence of such evidence makes the dismissal under paragraph 7 of part 1 of Art. Labor Code of the Russian Federation illegal (paragraph 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation "On the application by the courts Russian Federation Labor Code of the Russian Federation).

We already wrote in detail about the procedure for amending the employment contract in ours. We only add that the procedure is the same for all employees without exception.

Are pregnant women subject to layoffs?

Reducing the staff of the organization is the initiative of the employer, which means that the dismissal of a pregnant woman on this basis is impossible, such errors are punishable by fines in accordance with Part 1 of Art. Code of Administrative Offenses of the Russian Federation. In addition, for the unjustified dismissal of a pregnant woman, Art. The Criminal Code of the Russian Federation provides for criminal liability.

What if the company is liquidated?

This is the only reason for dismissal of a pregnant employee if the initiative comes from the employer. And in this issue the procedure will be no different from the dismissal of other employees.

If the organization plans to curtail its activities, it is obliged to inform all its employees about this two months in advance, in writing, under signature. And on the last day of their work, pay monetary compensation for all unused vacations (part 1 of article of the Labor Code of the Russian Federation), as well as severance pay in the amount of the average monthly earnings (part 1 of article of the Labor Code of the Russian Federation). Within two months (in exceptional situations - three) after the dismissal, each employee receives from the former employer an allowance in the amount of the average monthly earnings.

Important! Don't confuse closing a branch with liquidating a business. If the employer stops the work of any unit, he is obliged to offer the pregnant employee a transfer to another branch or head office.

If a pregnant woman abuses her position?

Pregnancy does not reduce the workload of an employee, does not relieve her of the need to comply with the internal labor regulations of the organization and labor legislation. If the expectant mother violates discipline, she, like any other employee, can be brought to disciplinary responsibility - announce a remark or reprimand. But it is impossible to dismiss such an employee, even if we are talking about a repeated / gross violation of labor discipline: absenteeism, lateness, failure to perform work duties, etc.

And this is the very case when the employer can find himself in a hopeless situation. The only measures of influence that are available to him are a remark and a reprimand. In order to hold the pregnant woman liable, it is necessary to fix the violation, obtain a written explanation from the employee (or draw up an act of refusal of explanations with the signatures of three witnesses), assess the severity of the misconduct and its circumstances, and only then determine the type of punishment, issue an order.

In addition, absenteeism and serious delays without good reason can be entered by a personnel specialist in the time sheet, then this will affect the violator's salary and the amount of benefits. But for this, the manager must draw up an act on the absence of an employee at the workplace in a timely manner, in the presence of witnesses. And do this for each of the absenteeism.

We do not urge you to look for loopholes in the law in order to part with a pregnant employee. We tell you: yes, there are options to do it legally and peacefully, but be extremely careful. After all, in the case of unjustified dismissal of a pregnant woman, the employer faces liability up to and including criminal liability. Negotiate with employees, look for compromises and correctly draw up all documents.

A pregnant woman working in an organization, enterprise or private entrepreneur always creates certain difficulties for employers. Therefore, they are trying in every possible way to terminate the employment contract with such an employee. However, the dismissal of a pregnant woman is prohibited by law, since the state stands to protect the interests of motherhood.

Consider which articles of the Labor Code impose a ban on the dismissal of a pregnant woman at the initiative of the employer, as well as exceptions that allow her to be dismissed, we will determine the procedure for this process, including in the case of work under a fixed-term contract. We will also consider situations where a woman quits at her own request and by agreement of the parties.

Legislation on the peculiarities of the work of pregnant women

The expectant mother should know her rights in order to defend them in case of conflict situations with the employer. They are set out in the Labor Code of the Russian Federation. At the initiative of the management of the enterprise, the dismissal of employees is allowed on the basis of the reasons set out in. However, it imposes a ban on the dismissal of women by the employer for the reasons specified in it, if they are pregnant, with the exception of circumstances that do not allow them to keep their jobs. The article also defines the legal actions of the employer and employee at the end of her pregnancy.

Expert comment

Kamensky Yuri

During the bearing of a child, a woman is entitled to certain indulgences in work, which she should be aware of. So, according to articles 93 and 96 of the Labor Code, she can work part-time and be released from work at night. During pregnancy, an employee is exempted from performing work in a workplace that is harmful to health.

In order for a woman to be able to exercise her rights and benefits, she must do the following:

• register for pregnancy;
• notify the employer of your situation by submitting an official pregnancy certificate from a gynecologist.

The certificate of pregnancy serves as a basis for protecting a woman from dismissal at the initiative of the company's management and will give her the right to receive various benefits.

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

Of all the variety of reasons for which the dismissal of pregnant women is prohibited, there are circumstances that do not allow saving for future mother workplace. New amendments to the law give the right to dismiss a pregnant employee on their own initiative only in exceptional cases, which include:

• complete closure of the enterprise and its liquidation as a legal entity;
• termination of the functioning of the IP;
• the expiration of the temporary replacement of another employee by a pregnant woman, if it is not possible to provide her with another position corresponding to her qualifications, or any other work that is not harmful to her health. Moreover, the obligations of the employer include the obligatory offer to the pregnant woman of all vacancies available at the enterprise, suitable woman in her position. And, if she refuses all offers, then he will have the right to fire her.

The procedure for dismissal upon closing the enterprise

The dismissal of employees of a liquidated enterprise, including women who are carrying a child, takes place according to a single procedure established by law. According to each employee, they are required to notify of the upcoming dismissal no later than two months before the upcoming event. The notice must be a written document that the pregnant woman must sign.

The liquidation of the enterprise should not be confused with the change of leadership, when the functions of the enterprise remained the same as they were, only other persons began to manage it. In this case, the woman must continue to work for another leader, if she herself agrees to this.

Upon termination of the operation of the enterprise, the employee must pay:

• severance pay equal to two average salaries;
• monetary compensation for vacation pay, if she did not use the vacation;
• unreceived wages calculated for the days worked before dismissal.

Benefit obligations , due to her in connection with pregnancy and childbirth, after the liquidation of the enterprise, are borne by the social service located at the place of residence of the dismissed woman.

After officially notifying the management of her pregnancy, a woman receives the right not only to be protected from dismissal, but also to provide her with another job that ensures her and her unborn child's health. According to the statement of the employee, the management is obliged to either reduce her working hours or provide other work that excludes the action of production factors harmful to health. At the same time, she retains her previous average earnings.

During the search for a suitable job, the management is obliged to release the employee from her previous duties related to exposure to harmful factors, while maintaining her average salary for this time. The working days missed due to the search for a new job are paid by the employer from their own funds.

Dismissal under a fixed-term employment contract

The procedure for issuing a fixed-term employment contract with a woman during pregnancy and regulating its term is described in. The main postulate of this article is that even at the end of the contract, a pregnant woman does not have the right to be fired. If her pregnancy is confirmed at the end of the fixed-term contract, the employer must extend its term until the end of the pregnancy. At the same time, a woman, at his request, is obliged to present a certificate from a gynecologist on the presence of pregnancy. The employer has the right to request information about pregnancy no more than three months.

Expert comment

Gorchakov Vladimir

If, when extending a fixed-term contract, a woman continues to work after the end of pregnancy, then she can be fired due to the termination of the contract. Dismissal can take place within a week from the moment the manager learns about the end of the pregnant woman's condition.

Is it possible to fire a pregnant woman for violating labor discipline?

The ban on the dismissal of a woman who is expecting a child applies mainly to the entire list of reasons listed in Article 81 of the Labor Code. It concerns, among other things, dismissal for disciplinary violations or inconsistency with the work performed. When a pregnant employee commits absenteeism, violations of internal order or causing material damage to the enterprise, and other factors that are a reason for the rest of the employees to dismiss them, the employer may limit her to only penalties in the form of a reprimand, warning and remark.

With a systematic violation of the pregnant labor principles, the reprimand can become severe. It is implemented in the form of an order filed with the worker's case. And, if her behavior when going to work after the end of pregnancy and using the prescribed maternity leave, as well as does not change, then she is already threatened with a real dismissal, since the "immunity" of the pregnant woman will end for her.

In practice, cases of disciplinary punishment of pregnant women are rare, because they are always created the most favorable conditions for work. Therefore, any woman in this position values ​​her job because she has no prospects for employment in another enterprise in the near future if she quits of her own free will. "Deeply" pregnant women can only be hired to temporarily fulfill the duties of another absent employee. Although, according to the law, the employer is not entitled to refuse employment due to pregnancy, he will always find indirect reasons for refusing to hire such an employee.

Dismissal at will

A woman who is in a “position” can leave work of her own free will by terminating the contract with the employer. No one can interfere with her desire. The main thing is that her desire should be really voluntary, and not deliberately created by the employer to provoke dismissal.

In practice, there are still often precedents for creating unbearable psychological conditions for the work of an employee, including a pregnant woman. If she was forced to resign on her own initiative, she should know that she can file a complaint with the GIT, the prosecutor's office, and even the court. To do this, she must have in her hands documents confirming the deliberate blackmail of the leadership, pursuing the goal of her voluntary dismissal. Upon her appeal, the relevant organization should check all the cases indicated in the complaint.

Having decided to quit of her own free will, a woman is obliged to submit an application to the management two weeks before the dismissal.

A woman cannot demand release from work, despite her pregnancy. There is no such provision in the law. However, she can go to the hospital before the onset of maternity leave if there are indications for maintaining the pregnancy or for other reasons. That is, going to sick leave, the woman gets rid of the obligation of a two-week working off. She also has the opportunity to ask the employer for leave during the period of working, if it has not been used before.

After two weeks, according to the issued order, the employee is dismissed with the issue of a work book in her hands and the final payment. Unfortunately, she is not entitled to severance pay.

Dismissal by agreement of the parties

Quite often, pregnant women are dismissed by mutual agreement with the employer, having issued this in the form of a documentary bilateral Agreement with the signatures of both parties. Based on this Agreement, the employer issues an order. The date of dismissal will be considered the date agreed by the parties, specified in the Agreement and the order. By agreement with the employer, a woman may not work for two weeks, if it suits him. To do this, she does not have to go to the hospital or take a vacation.

Important! If a woman at the time of signing the Dismissal Agreement did not know about the onset of pregnancy, she can withdraw her signature on the agreement by writing a statement to the employer if the day of the appointed dismissal has not yet arrived.

The state, promoting the policy of protecting motherhood and childhood, provides guarantees and benefits to pregnant women. And although benefits in most cases leave much to be desired, legislative guarantees, in particular guarantees of labor rights, really work.

The dismissal of a pregnant woman has its own characteristics and prohibitions established by laws in the field of labor protection.

Do they have the right to terminate the contract with such an employee?

Guarantees for pregnant women in the field of labor relations are regulated by Ch. 41 of the Labor Code of the Russian Federation. So can a pregnant woman be fired? IN the legislator expressly forbade employers to dismiss employees in a position, with the exception of:

• layoffs in connection with the liquidation of the organization;
• or termination of the IP of its activities;
• bankruptcy of the organization, resulting in liquidation.

The remaining cases are unacceptable, even if the employee has committed any guilty actions, for example:

• systematically failed to perform official duties;
• committed a gross violation of labor duties;
• found guilty in court of embezzlement of the property of the organization or other employees (if the punishment is not related to deprivation of liberty), etc.

How long can't?

A common question: at what stage of pregnancy can not be fired from work?

Important! The main aspect in the ban on dismissal is not the gestational age, but the very fact of her registration with a medical institution and the official notification of the employer about her situation.

This is a certificate from a gynecologist, which contains:

• gestational age;
• possible restrictions due to the state of health (if there are complications);
• doctor's signature.

Employers believe that the lack of a certificate entails the possibility of dismissing an employee by, but this is not entirely true. In accordance with clause 25, an employee can be reinstated when filing a corresponding claim if the head of the organization was aware of the state of pregnancy in fact, from her words orally or in writing.

If she is on maternity leave?

The filling of a position is accompanied by the conclusion of a fixed-term employment contract (), including the replacement of an employee who is on maternity leave. If the employee who came to replace also became pregnant, and the term of the employment contract is coming to an end, termination is carried out in the manner prescribed:

• the employer must offer another position available at the enterprise, including a lower paid one, if there is no suitable qualification;
• the employee signs a refusal to transfer to another position;
• dismissal is made on this basis.

Common Situations

If you found out about the situation after the termination of the contract

Important! According to the law, guarantees for a pregnant employee come only from the moment the employer is officially notified of his position, therefore it makes no sense to demand reinstatement from the employer if he has not violated the procedure for terminating the employment contract.

Often there is a situation where the employee quit her job of her own free will and found out that she was pregnant.



Then you can agree on the restoration after dismissal of your own free will. The main condition: the employee for this position has not yet been found.

If the company has other jobs, and the employer does not mind continuing cooperation, you can get a job as a new employee.

There is also a chance to be reinstated in the event of termination of the employment contract by agreement of the parties, which will be discussed below.

In some situations, a dismissed employee can count on maternity benefits (Order of the Ministry of Health and Social Development of Russia No. 1012n):

• if, in terms of terms, maternity leave would have come no later than 30 days after dismissal;
• if she was dismissed in connection with the liquidation of the organization (termination of the IP) no more than 12 months ago.

In the first case, payment from the last place of work is made if the following reasons served as the dismissal:

• moving the family to another area due to the transfer of the spouse to work;
• a serious health condition that does not allow you to continue working;
• when moving to another area for health reasons (there must be an official indication of a doctor);
• the reason for the dismissal was the obligation to take care of a seriously ill family member (for a long period, because a sick leave is issued for a certain period of care) or a disabled person of group I.

It is important to note that in the second case, the maternity benefit is paid not by the employer (through the Social Insurance Fund), but by the budget of the constituent entity of the Russian Federation.

Got pregnant after leaving work

In this situation, it is impossible to demand something from the employer. This also applies to situations where pregnancy occurred after a layoff at work. Exception: dismissal due to liquidation and the possibility of receiving maternity benefits at the expense of regional funds.

In other cases, it is recommended to get a job new job as long as the pregnancy allows you to continue working. No employer can refuse employment due to pregnancy: in accordance with such a refusal entails criminal liability with a penalty in the form of a fine or the performance of compulsory work.

Possible grounds

The procedure and provision of guarantees depend on the method of dismissal.

Important! Termination of an employment contract with a pregnant woman is allowed in very rare cases: by agreement of the parties, dismissal of one's own free will, upon liquidation of an organization or closure of an individual entrepreneur (the only allowable ground at the initiative of the employer).

Below we will consider in what cases it is possible to dismiss an employee in a position, and when they cannot do this.

At the initiative of the employer

Dismissal is made only in case of liquidation of the enterprise, its bankruptcy (with the condition of subsequent liquidation by a court decision) or termination of the activity of the individual entrepreneur. In other cases, termination of an employment contract with a pregnant woman at the initiative of the employer () is prohibited.

Downsizing or downsizing

The legislation does not allow a pregnant employee to be dismissed from work on the specified basis (paragraph 2 of part 1), even if her position is subject to reduction. The employer has the right to offer her another, vacant position (), but if the employee refuses to change the terms of the employment contract, termination will not be made. Thus, the reduction of an employee at work during pregnancy is unacceptable.

For absenteeism

Dismissal on the indicated grounds (clause "a" clause 6 part 1) is not carried out, but the employer retains the right to impose certain sanctions on the truant ():

• comment;
• rebuke.

In addition, monetary penalties, including deprivation of bonuses, are possible for violation of discipline.

And in general, termination of an employment contract with a pregnant woman for violation of labor discipline (dismissal under the article - as they say) will be a violation of labor laws.

In connection with the liquidation of the enterprise

The employer should cancel the agreement if the pregnant employee reported her situation even before she provided a certificate from the gynecologist as evidence (clause 25 of the PPVS No. 1 of 01/28/2014).

An employee who wishes to terminate the contract in this way will be in a better position than if she applied on her own initiative, since she is entitled to:

• wage balances and calculation of unused vacation days;
• severance pay (if it is specified in the employment contract and the agreement on its termination).

Termination of an employment contract in this way goes through several stages:

• negotiations between the employee and the employer;
• conclusion of a written agreement with the date of dismissal;
• issuance by the head of the Order on dismissal and familiarization of the employee with it under the signature;
• making an entry in a personal card;
• registration of a work book;
• payment of all due payments;
• transfer of the work book to the hands of the employee.

Of your own accord

Dismissal of one's own free will () for a pregnant employee is carried out in the general manner established or special standards established for certain categories of workers. If a woman nevertheless decided to quit during pregnancy, then she needs to submit an application addressed to the head of the organization within the following terms:



• in 14 days - in the general order;
• 3 days in advance - in case of early termination of a fixed-term contract concluded for no more than 2 months () or a contract concluded for a season ();
• for 1 month, if the pregnant woman is a coach or athlete (), the same period is given for the dismissal of the heads of the organization ().

By agreement with the employer, an employee can be fired without working off. As payments, she is entitled to wages for the days worked and the calculation of unused vacation.

Dismissal is carried out in several stages:

• filing an application and familiarizing with it the head of the organization;
• issuance of the Order of dismissal and familiarization of the employee with it under the signature;
• working off a two-week period (or otherwise, if it is established by law or an employment contract);
• paperwork (personal card and work book);
• calculation and issuance of a work book in the hands of the dismissed.

It is important to note the fact that the employee has the right to withdraw her application at any time, up to the day indicated as the date of termination of the employment contract, and thereby remain in her position and continue working.

On a fixed term contract

If a fixed-term employment contract is not related to filling a position, the employee has the right to extend it:

• before the end of pregnancy (the dismissal will be made within a week), with the provision by the employee once every 3 months of a certificate confirming her condition;
• until the end of maternity leave.

After that, the dismissal is carried out in the general manner, and in the work book, as a basis, a note is made about the end of the period specified in the contract.

If an employee is on probation

Labor legislation, as another guarantee for pregnant women, establishes prohibition to establish a probationary period for this category of workers(part 4).

If the pregnancy was established after the conclusion of an agreement with a probationary period, then the results will no longer matter: the dismissal will not be made.

If a part-time partner is in position

By general rule, an indefinite employment contract with a part-time worker can be terminated if there is an employee for this position on a permanent basis (). In the case of a pregnant employee, the previous rules apply: the termination of the employment contract can be made only at her request or by agreement of the parties.

The employer has the right to offer the employee another position, but if she refuses, she is forced to retain part-time employment for her.

Is it possible to protect your rights and how to do it?

What to do if a pregnant woman is illegally fired from her job? It is not uncommon for an employer to want and by all means look for an opportunity to quickly part with a pregnant employee: forcing her to write a statement of her own free will or dismissing her, believing that she will not apply for protection.

Legislation identifies the following ways to protect workers:



• self-defense;
• appeal to government agencies;
• protection of the worker by the trade union;
• filing a claim with the court.

In this case protection of rights can only be carried out by applying to state bodies. The algorithm of actions is as follows:

• submit an application to one of the regulatory authorities (the prosecutor's office or the labor inspectorate);
• to the application, attach evidence of coercion to dismissal or the notice of dismissal itself (if the initiative comes from the employer), as well as a certificate of pregnancy.

What to do if an employee has already been fired from work? She needs to go to court to protect her rights. In accordance with the lawsuit, the claim is filed with the district court, and in accordance with clause 6.3 - with the district court at the place of residence of the employee. The plaintiff has 1 month to apply from the date of receipt of a copy of the Dismissal Order (How to dismiss a pregnant employee for absenteeism: can this be done and how to punish for guilty actions?

From the article you will find out whether it is possible to fire a pregnant woman for absenteeism. How to terminate the contract with a woman in a position for such a violation of labor discipline?

Window.lazySizesConfig = window.lazySizesConfig || ();

The https://site uses cookies to store data. By continuing to use the site, you consent to the use of these cookies. OK