For any head of a family, dismissal from work is a serious life test, especially in a situation where the spouse is on maternity leave. The pregnancy period for any woman is a happy time, filled not only with positive emotions, but also with certain worries. After the birth of a child, family expenses increase, and income decreases noticeably. Whether a husband can be fired if his wife is on maternity leave is impossible to say for sure. However, there are many points that allow you to save your job.
Subtleties of the question
Everyone knows that if an employee is on maternity leave, then the management of the enterprise does not have the opportunity to fire her. Labor relations with her can be terminated in a situation where the enterprise itself is liquidated. Therefore, every woman who is temporarily unemployed is confident that both she and her husband will retain their jobs even in the event of staff reduction. Therefore, she is not interested in the question of whether it is possible to fire a husband if the wife is on maternity leave. However, such a judgment is erroneous.
The husband of a woman on maternity leave is an ordinary employee. This means that he is not entitled to special privileges. If management plans to reduce the number of employees on staff, then such an employee can easily be included in the list of layoffs. The management will not even take into account the fact that his wife is on maternity leave.
In the legislation, you can find many reasons that a company director can use when deciding to fire an employee, even if he does not want it.
The list of citizens who may be laid off if the employer has such an initiative is contained in Art. 261 Labor Code of the Russian Federation. A spouse on maternity leave is not a serious reason to provide a particular employee with special benefits and exclude him from the list of those subject to dismissal.
Can a husband be fired if his wife is pregnant?
They provide this with children; pregnant women do not worry anyone. My classmate’s husband was kicked out of work like this, you can try under Article 179, so they will fire you when the baby is with us)) well, if after childbirth, then that’s an option, but let him move to another place, yes.
Dear Antonina, what do you and your husband have to do with it? What a question? It’s not your husband who’s pregnant; of course, they have the legal right to fire him. And if he goes to work drunk and cannot be fired, you might think about it when you ask a question.
Nuances of legislation
Information about persons who have certain advantages when reducing the staff of an enterprise can be found in Art. 179 Labor Code of the Russian Federation. At the same time, the key point that influences whether an employee will be laid off or not fired is such a moment as labor productivity.
In a situation where it is different for several employees, the advantage of remaining on staff is:
- a worker who supports the whole family alone;
- an employee with two or more dependents;
- a person who, as a result of production activities at the current place of work, was injured or acquired a disease;
- combat disabled.
In a collective agreement, upon careful reading, you can often find the presence of other categories of workers who have privileges in a situation where the director of the company has decided to partially reduce the number of employees.
In accordance with the list indicated above, when carrying out a reduction in the number of employees, benefits are available to employees who have two or more dependents in their family.
The Family Code has a clear interpretation of this term. They identify family members who do not have a stable income and need financial support. These may include:
- husband or wife;
- minor children;
- father and mother.
If an employee of an enterprise becomes aware that he too will be subject to the next wave of layoffs, the employee should contact the commission that oversees this issue.
He can provide its members with documents confirming his privileges. For example, you can bring your spouse’s work record book. The employee can also provide a birth certificate for the children.
The commission dealing with staff reduction issues will not have any opportunity to dismiss an employee who is the only breadwinner in the family and is raising a child under 3 years old or a teenager under 18 years old with 1 group of disability. However, you need to know that such a clause, present in the Labor Code of the Russian Federation, is valid in a situation where a man did not have a job before his wife went on maternity leave.
If, before going on maternity leave, the employee’s spouse had a job at the enterprise and, while at home, receives payments on a regular basis, then the head of the family cannot be considered as the sole breadwinner. Therefore, operating with such clauses present in the Labor Code of the Russian Federation will in no way help the employee remain on staff. Anyone who is concerned about the question of whether a father can be fired if the mother is on maternity leave should know about this.
However, even from such a difficult situation you can find the right way out. Before dismissal, the employee has the opportunity to go on maternity leave himself. Although women most often enjoy this right, men are also given this opportunity. At the same time, the employee’s spouse can always return to work from maternity leave at any time.
After a certain time, when a member of the workforce who was on maternity leave returns to work, management will not have the opportunity to lay off him for a certain period of time. This will continue until the director of the enterprise finds a suitable reason for dismissal.
The main disadvantage of this method is that after the head of the family goes on maternity leave, the relationship with the employer will be irrevocably damaged. Therefore, when an employee is on vacation, he should not expect that he will be left in his old place upon return, but immediately start looking for a new job.
Every employee can resort to such a cunning method - if his employment contract is coming to an end and there is practically no chance that it will be extended. When he is on maternity leave, the company director simply has no way to fire him. In this case, the extension of his employment contract occurs automatically for a period of one year.
Can a husband be fired if his wife is pregnant?
According to Art. 179 of the Labor Code of the Russian Federation, when the number or staff of employees is reduced, the preferential right to remain at work is given to employees with higher labor productivity and qualifications.
and we have a situation, my husband is fired by agreement of the parties, he wanted to leave before, they promise good money for 2 years and as soon as my application is submitted, they tear it into the bucket, and now the situation is terrible, all the bosses have already resigned, he and the local snake-man stayed , 2 credits, you have to pay for the inst, the child is 10 months old, thank God our parents help with food, a pretty penny. So at his job there was a layoff, they thought he would fall under it, but he was upset (they would have paid normally). Now they seem to have said that the only breadwinner will be paid more. That’s it. And by the way, the conditions for him were specially made by the local bitches of the employee. He worked, since he feeds his family alone
Situations when they can cut
If an employee commits a gross violation during the performance of his duties, he may be fired even if he has a child under 3 years of age in his care. In this case, the employer operates clause 6 of Art. 81 Labor Code of the Russian Federation.
With such an offense, the employer has direct grounds to terminate the employment relationship even with a father or single mother who has a second child.
The list of violations for which a particular employee can be easily removed from the staff is contained in Art. 81 Labor Code of the Russian Federation:
- damage and waste of property;
- being on the territory of the enterprise while drunk or under the influence of drugs;
- disclosure of information protected by law;
- repeated cases of refusal to perform their duties and non-compliance with labor safety rules, resulting in serious consequences.
In addition to all of the above reasons, an employee can also be fired due to absenteeism. If such a violation has been committed, the employer can easily sign an order to dismiss the employee.
Dismissing a husband if his wife is pregnant
It happens.. I have one friend, along with her daughter-in-law, who was in prenatal and labor. hall My daughter-in-law was cut off, my mother-in-law quit her job (they didn’t give me leave) to help. They live separately, the relationship is excellent. But her mother treats all the troubles and her granddaughter (the only one) equally. Each hut has its own rattles)).
Hello Anna! They can still lay off such an employee. Because when laying off workers, the employer has the right to keep at work the employee whose labor productivity is higher. Or the employee who has higher qualifications.
We recommend reading: What is the minimum subsistence minimum to receive child benefit?
Truancy and its consequences
This offense is usually understood as the following cases: within 4 hours from the start of the shift, the employee did not show up at his workplace.
However, he does not have any reasons to explain his absence. Here it is necessary to take into account that a member of the work team can provide evidence of his absence for a valid reason even after missing his shift. Valid reasons for absence from work include the following:
- emergency;
- disease;
- a relative of an employee of the enterprise was taken to the hospital;
- undergoing a medical examination.
If an employee of an enterprise is absent from the workplace, but the next day he appears at the enterprise and provides a certificate from the hospital or writes in an explanatory note a valid reason that did not allow him to appear at work, in this case the management does not have the right to dismiss him.
Can a husband be fired if his wife is pregnant?
girls, I understand that you can’t talk to your husband like that, but I don’t rely on him... I need to rely on myself in everything. empty even in words. he was like that before. but apparently it didn’t matter to me. and now I can’t... I can’t stay without money and I can’t stop worrying. and this had already begun before pregnancy. It's all on myself)) so I'll go to the authorities. just need to think about how..
I just didn’t move here specifically for my specialty. I thought I’d work, calm down, get pregnant and we’d be in the same institution. I get along very well with all the bosses. They even told me that they would have moved me further and transferred me, but I already knew that I was pregnant. I didn’t tell anyone, I thought they would transfer and find out... but they found out earlier and fell silent. and she pushed him everywhere... and now... and now it’s a shame...
Procedure
In a situation where an employee, through his actions, committed a gross violation of duties and, as a result, suffered dismissal, which was chosen by the management of the enterprise as a disciplinary measure, it is necessary to follow a certain procedure for carrying out this procedure:
- the director of the company must provide documentary evidence of the employee’s guilt in the violation;
- the presence of an employee’s written explanation or other document that confirms his refusal to give any explanations about what happened;
- dismissal of an employee must occur no later than one month from the time it became known about the actions of which he is guilty.
If during the proceedings the judicial authority determines that at least one of these points has not been fulfilled, in this case a decision will be made to reinstate him in office.
In this situation, a certain penalty may be imposed on the employer. Moral damages are often sought due to the illegal dismissal of a member of the workforce.
Dismissal of a husband if his wife is pregnant and does not work
Dear Antonina, what do you and your husband have to do with it? What a question? It’s not your husband who’s pregnant; of course, they have the legal right to fire him. And if he goes to work drunk and cannot be fired, you might think about it when you ask a question.
Dear Antonina, don’t worry, it will be quite problematic to fire your husband from work, since he is the only breadwinner in the family and it is impossible to leave the family without a means of subsistence. If this happens or has happened, immediately let your husband go to court with a claim for reinstatement to work.
Can a husband be fired if his wife is pregnant?
When I was fired without warning or pay, I was shocked. Unfortunately, this happens often in our country, and many do not know what to do. I was lucky - I found your website on the Internet and ordered a call from a lawyer, who called almost immediately.
I had serious problems when registering real estate. The case seemed doomed, but things got better after I received full consultation from your lawyer. Vitaly turned out to be a real professional. He explained all the nuances in accessible language and provided invaluable support.
07 Jun 2021 etolaw 350
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