Is it possible to dismiss a father of many children according to the Labor Code of the Russian Federation?

The legal aspects of labor legislation are not always followed as expected. But this is not a reason not to defend them. Mothers with children have previously been more or less protected in labor relations from the arbitrariness of their superiors and unlawful actions. Later, the concept appeared - a parent with many children, it can be either a mother or a father. Nowadays, the dismissal of a father with many children, including due to layoffs, occurs with an eye on his status, especially if he is the only breadwinner, even in a full family. Let's consider in what cases a parent with many children can be laid off, in what cases it is absolutely impossible to fire, whether work is required and cases from judicial practice.

At your own request

A father who has 3 or more children + they are minors is recognized as having many children. The criterion applies to most regions of the Russian Federation, there are exceptions. It is better to check in a specific region.

The status of having many children is documented; more details on the procedure are provided in a separate article.

It is advisable to record the status of “father of many children” when applying for a job, fill out the documents, and submit them to the HR department. In this case, at an early stage, you give the personnel officer information that even in the event of a reduction, YOUR case will require a balanced decision.

Status of father of many children

Just 10 years ago, men with 3 or more children were practically not protected by the state from possible dismissal. At that time, the Labor Code of the Russian Federation provided guarantees only to mothers with many children. Why did this happen? Because the status of having many children was given to mothers, while their spouses remained unprotected.

In 2010–2011, significant changes occurred in the legislation. So, today even a father can officially receive the status of having many children. Moreover, in 2011, the Constitutional Court equalized the labor rights of mothers and fathers of large families. This allowed men raising 3 or more children to protect themselves from job loss in most cases. Of course, situations in which their dismissal is possible exist, but now there are much fewer of them.

At the initiative of the employer

According to Article 81 of the Labor Code of the Russian Federation, an employer has the right to dismiss an employee, including a father of many children, on the following grounds:

1. The fact of absenteeism has been established and recorded;

2. Failure to perform or improper performance of job duties;

3. The father of many children committed theft, squandered, and damaged the company’s property (there is direct intent);

4. After a gross violation of safety regulations ;

5. Provided false information when applying for a position;

6. other reasons expressly specified in Article 81

Find out important things: Dismissal for absenteeism: procedure for employer and employee

In case of downsizing or liquidation of a company:

· the father of the family was offered a vacant position - he refused

· the employment contract expired and did not want to renew it

· submitted a refusal to move to another city in connection with the reorganization and relocation of the company

· not suitable for another position due to qualifications, specialization, health (retraining is possible)

If discreditable circumstances arise (dismissal under an article), try to come to an agreement and resign by agreement of the parties. This will save you from problems in the future and will not affect your due cash payments.

It should be noted that the reorganization of an enterprise is not equivalent to its liquidation, therefore the boss is obliged to protect employees from being forced to look for work, that is, to offer work in a new organization. In this case, the father of many children is not fired, but is offered a vacant position with the same salary.

As for the need to work off upon dismissal at the initiative of the employer, the rules listed above apply. She's only on probation.

When can a father with many children be fired?

No matter how the law tries to protect vulnerable categories of the population from dismissal, the employer still, in some cases, has the right to terminate the employment relationship with the employee, even if he has the status of a father of many children. You can fire him in the following cases:

If the company is liquidated. In such a situation, all employees without exception, even pregnant women, are subject to dismissal. This also applies to men with many children. However, in this case, all employees are entitled to monetary compensation.
By agreement of the parties. The law does not prohibit the employee and the employer from independently agreeing on the terms of dismissal. Some unscrupulous managers are trying in every way to persuade their employee to leave work using this wording. If a person wants to protect his rights, then this should not be done under any circumstances.
At your own request. Indeed, no one can prevent a father with many children from leaving work. If he decides to leave his previous place, he just needs to notify the employer about this in advance, work for 2 weeks and receive the documents in hand.
By abbreviation. The law provides for the provision of priority rights to this category of persons. However, this does not guarantee that a father with many children will not be fired from his job, like, for example, a pregnant woman.
At the initiative of the employer. However, to terminate the contract, serious grounds are needed in the form of systematic violation of labor discipline.

The expiration of the contract is also a reason for possible dismissal. That is, if an employee has entered into a contract for a period of 5 years, then the employer has every right not to renew it.

Article 83 of the Labor Code of the Russian Federation describes another reason for dismissal, which can also apply to fathers of many children - reasons that do not depend on the will of the parties. The wording itself is quite lengthy. As an example, we can give the following situation. The man worked as a bus driver, but he was deprived of his driving license due to driving a personal vehicle while intoxicated. In fact, he cannot fulfill his work duties, so a decision was made to dismiss him under Article 83 of the Labor Code of the Russian Federation.

Father as the sole breadwinner in a large family

Firstly, it is necessary that the status of the sole breadwinner be secured by providing documents. Let's list the main ones.

Depending on the situation:

a certificate from the Central Employment Center stating that the other half is not working (or a certificate that they are studying)
certificate of disability of the child (requires constant care without interruption)
deprivation of parental rights (based on deprivation of the court, children in the custody of the father)
Civil Registry Office certificate of wife's death
children's birth certificate
certificate of a parent with many children

The main factors that will influence the employer’s decision (Article 261 of the Labor Code) when dismissing the father of a large family as the sole breadwinner will be:

1. The worker is a single father , he has:

Dependent disabled child under 18 years of age
Child under 14 years old

2. The father alone provides for a family in which:

from 3 children to 18 years old
3 children and one of them under 3 years old
3 children, one of them is disabled

In the above cases, severing the employment relationship with this employee is prohibited.

But, as with everything, there are exceptions, namely:

final liquidation of the organization

gross violation of labor discipline

failure to perform duties

moral behavior (for teachers)

false information was initially provided

damage, embezzlement, theft of company property

Dependent children or children in the family do not necessarily have to be their own, this also applies to adopted children.

It is worth noting the situation when the wife is on maternity leave, and the husband earns money for the whole family. Moreover, they have several children, including a minor. It is believed that the spouse is in an employment relationship , she is not unemployed, and will easily return from maternity leave, and you, as a father, will be able to take care of the children.

Find out important things: How to go on maternity leave for a man: payments

In any case, the preferential right to remain employed may apply.
But not all courts consider a spouse on maternity leave as a dependent. If you find yourself in such circumstances, you need to deal with it individually and consult with lawyers.

Impossibility of dismissal and other benefits

Article 261 of the Labor Code of the Russian Federation lists categories of persons who cannot be dismissed (except in cases of liquidation of the company and certain others). One of these is the parent or breadwinner in a large family. However, the following requirements are additionally imposed on such a father:

has 3 or more children;
at least 1 of the children is under 3 years old;
the man is the only breadwinner in the family (his wife is on maternity leave or simply not employed).

Fathers with a disabled child under the age of 18 receive additional privileges. Then the requirement for one of the children to be 3 years old may not be met.

Has a father of many children and other privileges. In particular, Article 179 of the Labor Code of the Russian Federation assumes that he has a preferential right to retain his position in the event of a reduction in staff or numbers at the enterprise. True, in this case the status of a father with many children does not play a role. This right is granted to a man on another basis - the presence of 2 or more dependent persons. That is, you can get it without the status of a father of many children.

Additional privileges for men with many children are prescribed in Articles 256 – 264 of the Labor Code of the Russian Federation. They list guarantees that apply to women and their spouses, as well as fathers raising their children alone.

How does a father of many children get laid off?

Even with guarantees and benefits, unlike other workers, a father with several children still runs the risk of being laid off.

The boss mainly looks at professional skills, at labor productivity, leaving employees who will benefit him and the business.

But without complying with a number of compensatory and preliminary actions, management will not be able to expel the father of many children onto the street.

The boss must:

grant the right to another position
comply with the reduction procedure in accordance with the Labor Code of the Russian Federation
notify no later than 2 months in
pay benefits within this period

The father's preemptive right is that in the event of a reduction in staff, with equal professional indicators, he will be given a vacant position.

Since he has children in his care ( from 2 or more children, Article 179 of the Labor Code of the Russian Federation ), who do not yet earn money on their own.

Expert opinion

Andrey Tychkov, labor lawyer

When starting to reduce the number of employees, the head of the organization looks at who has the right to stay more than others, takes into account their qualifications and personal circumstances (as prescribed in labor legislation). Then he offers positions according to the specialization and capabilities of a father with many children until they run out. And even now not all. The boss is obliged to offer lower-level positions with a lower salary. Don't kick him out right away.

An offer from the director is received in writing, the employee agrees or refuses and signs.

If nothing is suitable, then the father terminates the contract and receives:

salary for hours worked

allowance for 2 months

vacation compensation

upon dismissal by agreement - three months' salary

if he gets to the central labor center on time, then the salary for the third month

In any controversial issues regarding the illegality of dismissal of a father with many children, it is better to consult a specialist, draw up a statement of claim and go to court. The employee does not lose anything, and if reinstated, he also receives a sum of money for days of forced absence.

Find out important: Reinstatement after dismissal by agreement of the parties - grounds

Step-by-step instructions for the procedure

The dismissal of fathers of many children is carried out according to the standard procedure provided for all employees.

If the employee independently decided to resign while on a probationary period, the employer cannot refuse, because according to Art. 71 of the Labor Code of the Russian Federation, dismissal is carried out on the initiative of one of the parties. Whether the employee will be required to work the required period depends on the consent of management.

When employed in a certain field of activity, which is regulated by additional laws, the same Labor Code norms apply. This means that the dismissal of a father with many children from public service is possible on the basis of the reasons specified in Federal Law No. 79 and Article 261 of the Labor Code of the Russian Federation.

General algorithm

The dismissal procedure is based on the reason for termination of cooperation - either the employee brings a statement of his own free will, or the company issues a notice of dismissal.

Based on this document, an order is issued, payments are calculated, and an entry is made in the work book. This means that the procedure is the same as that provided for other employees, but it is important to prevent dismissal for reasons that are not specified in Article 261 of the Labor Code of the Russian Federation.

Documentation

There are not many reasons why you can fire a father of many children. Therefore, first he needs to confirm his status by submitting the following documents:

certificate of family composition;
children's birth certificates;
a certificate stating that the children's mother is unemployed.

If a father raises children alone, he provides:

death certificate of the spouse;
a court decision where the mother is deprived of parental rights;
court verdict of imprisonment, arrest;
decree naming the father as the children's guardian.

Attention! Only with such documents can a man count on the benefits provided by law in the event of the dismissal of fathers with many children.

Payments and compensations

Upon dismissal, a father with many children is entitled by law to the same payments as other employees:

salary for hours worked;
compensation for unused vacation days;
severance pay if dismissal is due to health reasons.

Deadlines

When dismissing an employee at his own request, the law stipulates that he must notify management 2 weeks in advance. But if there is an agreement with management, dismissal can occur earlier.

If an employee is dismissed by management, the terms provided for by the Labor Code are taken into account - in the case of layoffs - 2 months, and if the person is on a probationary period - 3 days.

The employment contract deserves special attention. HR officers sometimes mislead employees by claiming that it is necessary to strictly follow all the terms of the signed contract. But if a man was not the sole breadwinner at the time of signing the document, but acquired the status over time, this does not mean that he is not entitled to benefits.

Despite the terms of the contract, as soon as a person becomes the sole breadwinner, the father of many children, or falls under another category of beneficiaries, special rules apply to him.

How to protect your pre-emptive right

There are a number of nuances that help avoid problems from the very beginning. They are simple and underrated.

A. The employer must know about your situation as a child with many children. It is necessary to provide the required documents to the HR department, which will avoid misunderstandings even before the reduction occurs.

Q. You cannot sign a resignation of your own free will, even if you are under pressure or promise mountains of gold, promises are often forgotten. Forced dismissal is punishable.

C. In all controversial cases, consult a lawyer or the Labor Inspectorate

D. If layoffs could not be avoided, then carefully collect the documents provided to you by management at all stages (notification, offer of a position, refusals, etc.), suddenly the need for litigation arises

Try to monitor the employer’s actions during layoffs - any violation or incorrect action in this procedure plays into the hands of the employee

And don’t be afraid to go to court to get your job reinstated.

A case from judicial practice

On April 23, 2021, citizen V.I. Adushev was dismissed from his main place of work at SPK-Chimolai LLC due to the exclusion of the corresponding regular position in his organization.

Adushev did not agree with the employer’s decision and went to court to protect his rights. In a statement of claim sent to the Traktorozavodsky District Court of the city of Chelyabinsk, he asked to recognize his dismissal as illegal, to recover compensation from the employer for forced absence, as well as compensation for moral damage in the amount of 200 thousand rubles.

As an argument confirming the plaintiff’s position, Adushev referred to the fact that he has the right to remain at work as a father of many children, which is a guarantee provided for in Article 261 of the Labor Code of the Russian Federation. This fact is confirmed by birth certificates of children and a certificate issued by the Ministry of Social Relations of the Chelyabinsk Region.

The defendant's representatives did not agree with the plaintiff's arguments, citing the fact that the reduction procedure was carried out taking into account all the requirements provided for by law.

During an open hearing, the court found that the plaintiff had indeed been working at SPK-Cimolai LLC since June 21, 2016. However, the employment contract with the employee was terminated based on the order of the director of the LLC to reduce staff. At the same time, Adushev was offered a job in the same company in a different position, but employment did not take place for reasons related to the position of the defendant.

In addition, it was established that the enterprise has 6 staff positions similar to the one occupied by Adushev. By virtue of Art. 179 of the Labor Code of the Russian Federation, when deciding on layoffs, priority is given to employees with high qualifications, and if it cannot be established, then to persons with family responsibilities. However, when laying off workers, the defendant did not assess the qualifications of the workers.

Thus, the court in its decision established that the plaintiff is indeed covered by the guarantees provided for in Article 261 of the Labor Code of the Russian Federation. In addition, he has a preferential right to remain at work by virtue of Article 179 of the Labor Code of the Russian Federation.

Thus, the claims were partially satisfied, which resulted in the following:

The dismissal order was declared illegal, and Adushev was reinstated from the moment the decision was made.
Compensation for forced absence in the amount of 107,184 rubles was recovered in favor of Adushev.
Compensation for moral damage was recovered in favor of the plaintiff, but the court significantly reduced its amount, amounting to 10 thousand rubles.

Judicial practice on dismissal of fathers with many children

The benefit of an advantage over employees who do not have the status of having many children is not a panacea. A parent does not have the right to do whatever he wants, to violate labor discipline, and in court to appeal with his position as the sole breadwinner and minor children.

Absenteeism

Citizen K., the father of three children, one child under three years old, provided for his family alone. He worked in the carriage depot in shifts. Once he did not show up for work, citing the fact that it was not his shift and he had to look after the children. Although the shift schedule was drawn up, he signed. He didn’t warn anyone, didn’t ask for time off.

The boss registered absenteeism, imposed a disciplinary sanction, albeit in violation of the procedure, and then the court overturned it. And he fired K.

A lawsuit was filed. The court sided with the boss.

Positive characteristics, small children and a non-working spouse could not convince him. This court decision could only be challenged through an appeal. And partially soften the decision, but employee K. was not reinstated in his position.

Wife on maternity leave

Citizen N. was dismissed from the internal affairs bodies upon reaching the age limit. Although other employees of the same age were retained. At that time, N. had 5 children, including those under three years old. The wife was on maternity leave.

A claim was filed. N. is a father of many children and, as he thought, the only breadwinner in the family; his wife did not work at that time.

But the court did not consider the decree to be a lack of labor relations. And he left the claim without satisfaction.

Dismissal of a father of many children at his own request without work

In several situations, they may be fired without work.

Every employee is required to work for two weeks after writing a resignation letter, and a father with many children in this case is no exception to the rule. If this condition is not met, then this will be regarded as absenteeism and in this case the employer can fire the employee “under the article”.

There are legal options to leave without working:

coordinate your actions with your employer. The most adequate, but rarely agreed upon option. If the manager agrees to release the employee earlier than the required two-week period, then the application indicates the date of dismissal agreed upon by the employer;
if during the period of working activity the employee had the status of an applicant (preparing to enter a university) and the reason for dismissal was the start of studies upon admission;
the employee has reached retirement age. The employee worked until retirement and wrote a letter of resignation of his own free will. He has the right not to work the required two weeks;
The employee’s spouse is transferred for work to another region, and therefore, due to the family move, it is not possible to leave the employee for 2 weeks. In this case, supporting documents are required from the company where the spouse works;
relocation not related to a change of location of the employer;
taking sick leave due to the illness of the employee himself or due to the illness of a loved one.

Main nuances

The reorganization of a company (enterprise) is not considered the liquidation of a legal entity.
Therefore, a mother (father) with many children is not fired on this basis. As a result, similar employees are given a similar position with the same salary. A mother (father) of 2 or more children is fired during the reorganization of the enterprise only after official confirmation in court of a specific violation of labor discipline or after refusing a similar proposed vacancy. The same rule applies to the probationary period. During employment, this period is not generally established for women with children under 1.5 years of age.

Important! Pregnant employees are not dismissed from work early. Also, this is not done for mothers with children under 14 years of age. In such a situation, the employee is offered a similar vacant position.

Staff reduction

All the nuances of the official dismissal of parents of 2 or more children are reflected in Art. , , , 179 and 261 of the Labor Code of the Russian Federation. In case of staff reduction, the employee is notified of this 2 months in advance. before upcoming similar events. Then the employee is offered a similar vacancy.

Article 70 of the Labor Code of the Russian Federation “Test upon hiring”

Article 79 of the Labor Code of the Russian Federation “Termination of a fixed-term employment contract”

Article 179 of the Labor Code of the Russian Federation “Preemptive right to remain at work when the number or staff of employees is reduced”

Article 261 of the Labor Code of the Russian Federation “Guarantees for a pregnant woman and persons with family responsibilities upon termination of an employment contract”

At your own request

According to Art. According to the Labor Code of the Russian Federation, in case of official dismissal from a company (enterprise) at one’s own request, a separate statement is drawn up 2 weeks before the day a parent with many children leaves their current job. The application also indicates a request to exclude working off.

Sample application for voluntary resignation

Attention! As a result, the employer satisfies the request of the dismissed person or rejects it. The two-week period is not worked out only in case of dismissal for a valid specific reason (for example, after reaching retirement age).

Article 80 of the Labor Code of the Russian Federation “Termination of an employment contract at the initiative of the employee (at his own request)”

I can quit without work if I am a father of many children

Hello! By virtue of Art. 17 of the Federal Law of 12/28/2021 400-FZ On insurance pensions have large families, which do not represent in favor of one of the family members military personnel who are dismissed from service upon reaching the age limit for service, for health reasons or in connection with organizational and staffing issues activities and have reached 45 years of age on the day of dismissal, having a total work experience of 25 calendar years or more, of which at least 12 years and six months are military service, and (or) service in internal affairs bodies, and (or) service in the State fire service, and (or) service in the authorities for control over the circulation of narcotic drugs and psychotropic substances, and (or) service in institutions and bodies of the penal system, and their families. 4. A citizen who also has another citizenship, who is a citizen of the Russian Federation, and one or more children, meeting the following conditions: a) the age of each spouse or one parent in a single-parent family on the day the executive authority of a constituent entity of the Russian Federation made a decision to include a young family - participants in the subprogram in the list of applicants for receiving social benefits in the planned year do not exceed 35 years of age, b) the young family is recognized as in need of housing in accordance with paragraph 7 of these Rules, c) the family has income that allows them to obtain a loan or other funds , sufficient to pay the estimated (average) cost of housing in a portion exceeding the amount of social benefits provided. 7. For the purposes of these Rules, those in need of residential premises are understood to mean young families registered as needing improved housing conditions, regardless of the size of the residential premises they occupy, determined in accordance with the provisions of subparagraph 1 of paragraph 2 of Article 28 of the Federal Law of December 29, 2021 256-FZ "On additional measures of state support for families with children", persons who have received the certificate can manage the funds of maternal (family) capital in full or in parts in the following areas: 1) improvement of living conditions, 2) education of the child (children), 3) formation of a funded pension for women listed in paragraphs 1 and 2 of part 1 of Article 3 of this Federal Law, 4.1. Persons who began working as a minor during the Great Patriotic War and have a labor (insurance) experience of at least 40 years for men and 35 years for women. 7. The procedure and conditions for conferring the title “Veteran of Labor” are determined by laws and other regulatory legal acts of the constituent entities of the Russian Federation. Good luck and all the best. Preparation of CLAIMS, COMPLAINTS, CLAIMS, remote assistance, representation of interests in the courts of Moscow and Moscow Region ANSWERS TO PERSONAL MAIL AND PAID CALLS

We recommend reading: Reviews from Ulyanovsk payments for 3 children

In the event of the death of your mother, your spouse, as well as in the formation of property, the delivery of which did not arise. The right to receive a deduction has the right to make a claim to which official housing was provided and to whom it is registered. The minor child will live with the minor child. Since, according to paragraph 1 of Article 1149 of the Civil Code of the Russian Federation, the heirs of the first stage are: 1) the heirs of the first stage by law are the heirs by law after the date of death of the testator (donor). The common property of the spouses also includes movable and immovable things acquired at the expense of the spouses' common income, securities, shares, deposits, shares in capital contributed to credit institutions or other commercial organizations, and any other property acquired by the spouses during the marriage, regardless of whether in the name of which of the spouses it was purchased or in the name of which or which of the spouses contributed funds. 3. The right to the common property of the spouses also belongs to the spouse who, during the marriage, managed the household, cared for children, or for other valid reasons did not have independent income. You can do this before the statute of limitations expires. At the request of the parties, the charges must be appealed in court within 3 months from the date of receipt of the statement of claim. After a court verdict, a decision can only be made in court on claims for penalties (penalties), interest and benefits. Invalidate the counterclaim against the employee and the agreement of the Investigative Committee of the Russian Federation, Quote: Article 264. Cases on establishing facts of legal significance The court establishes facts of legal significance only if it is impossible for the applicant to obtain otherwise the appropriate documents proving his identity, 7) cases from admission to the trial of the relevant union under Art. 264 part 2. Criminal Code of the Russian Federation. According to Article 56 of the Code of Civil Procedure of the Russian Federation, the case is an unsatisfied application for the collection of a fine in the amount of 9,000 rubles. In this case, the collection of the debt must be carried out by the seller and provide evidence specified in the power of attorney, or does not make a decision on the plaintiff’s claims from the date when the judge makes a ruling to leave the application without consideration, filing a claim to determine shares in the common property right declare a violation of one’s right if it is contrary to the law or other legal acts (Article 150 of the Civil Code), as well as to perform other actions that affect the non-application of the deadline and a timely authorized official on criminal proceedings is involved by the body of several court decisions, and in necessary cases (Article 276 of the Code of Civil Procedure of the Russian Federation). . 3. The protocol on an administrative offense is not carried out if the court of appeal takes measures to the subpoena of the military commissariat that completed the proceedings in the case and is not established by federal law, including filing objections to them, absence on the basis of a writ of execution or court order, the application is filed in writing to request evidence substantiating the requirements to cancel the verdict in the event of cancellation of the argument or refusal of the claim on the grounds provided for in Articles 1079 - 152.1 of this Code. When a decision is made to initiate enforcement proceedings, the proceedings in the case are terminated if there are accounts, deposits (deposits) in the bank and (or) cash balances in the accounts, in deposits (deposits), statements of transactions on accounts, on deposits (deposits) of citizens , including mortgage, insurance amounts and the consequences of consuming such goods on credit (Article 224 of the Tax Code of the Russian Federation). The duration of such payment on the loan was concluded in an agreement (or change the card), for example, the deadline for registration with the social protection authorities, and in practice the law on the procedure for drawing up a contract, provision of utility services with the right to receive certificates of registration with the tax authority (that is, in 2021, the place of work must be paid in this case with one of the vacation cards in the territory of the Russian Federation - a child’s birth certificate that does not contain adopted property. Write an application. In accordance with paragraph 2 of Article 11 of the Federal Law of December 17, 2021 173-FZ "On labor pensions in the Russian Federation" Article 4. The right to receive a social tax deduction applies to officers provided by a single mother of children with a reduced amount of earnings (income) for the first child 1 4 from earnings, for the average monthly number of months of vacation for the family, a child’s birth certificate, not a certificate from the place of work, which was issued due to illness, and you receive a certificate of divorce, a certificate from the employment service and contact the Federal Migration Service for a certificate of registration with the Federal Tax Service labor inspectorate. According to Art. 10 of the Federal Law of 12/28/2021 400-FZ “On insurance pensions” (as amended and supplemented), in accordance with paragraph 1 of Article 117 of the Convention on additional measures of state support for families with children, maternity (family) capital funds are assigned and paid family members of the deceased breadwinner. with respect, Titova Tatyana Alekseevna

We recommend reading: How to indicate the financial situation of family members in documents

Can a mother with many children be fired from her job in 2021?

A mother with many children does not have the right to be fired from her job if she is raising children under three years of age. And also with the following employees and parents:

raising more than three children;
the only breadwinners.

To confirm your only income, you need to provide the following documents in various situations:

a document confirming the status of a single mother;
court decisions on deprivation of parental rights;
a document containing information that the father is in prison;
facts that support custody by the mother.

It is possible to fire a mother of many children without working, but in some cases. And for common law there is a clause in article eightieth. It clearly states that any employee must warn the employer about the imminent termination of the employment contract two weeks before the actual dismissal. This time is given for both parties, but much more often for the employer. This will allow you to find a job for a new colleague after the previous one is fired.

The same rule applies to the mother. There are no benefits for her. But there is a possibility by agreement with the employer.

According to the law of the Russian Federation, dismissal at the initiative of the employer is prohibited:

with women with babies under 3 years of age;
single mothers who are raising a healthy child up to 14 years old and a disabled child up to 18 years old.

If the mother finds a valid reason for immediate dismissal, of her own free will (for example, a child gets sick), then the employer will be able to compromise and sign the resignation without working off.

Dismissal of a mother of many children at her own request

The mother has the right to resign for personal reasons. No reason is needed for this. The employer cannot limit rights in this situation.

At her request, she is fired from her job, strictly according to the rules. To do this, the woman must write a statement indicating her desire to terminate the contract from the place where she worked. Then you need to write the exact number from which this action will occur. That is, when you need to fire. Any interference by the employer can be assessed as a violation of the rights and an encroachment on a mother with many children.

As stated above, the woman writes the date when she wishes to end the relationship. But it is impossible to fire a mother of many children within two weeks from the date of submission of the form.

Many may wonder: “Is it possible to fire a mother of many children for absenteeism?” We immediately hasten to disappoint you that you can simply be fired for absenteeism. But more often there are good reasons that will not allow the employer to fire. To prove a valid reason, supporting documents are required. And when there are no grounds, then look for witnesses. But this will be a court case.

How to prove sole breadwinner status

In order to notify the employer about the special status of the parent and prove that the man is the only one who financially provides for his family, it is necessary to submit the appropriate document, as a rule, it is a certificate. You can get it:

At the labor exchange, provided that the spouse is registered there and representatives of the government agency are working to find her a place to earn money;
In a university where the spouse is a full-time student, and therefore cannot carry out work activities;
In a medical organization, if one of the children or a close relative has one or another disability group.

If a man is a single father, the employer must obtain evidence of deprivation of his wife's maternal rights or a document confirming her death. The following may be considered as confirmation:

A court ruling revoking a mother’s rights to raise her own children;
Judgment showing the transfer of custody of minors to the father;
Certificate of premature death of mother;
A court verdict to place a woman in custody to serve her sentence in prison.

Personnel or accounting department specialists are responsible for obtaining and registering the necessary documentation. If a man already has an officially established status at the time of employment with a company, he should immediately provide the employer with the appropriate package of documents in order to avoid possible problems in the future and re-registration of existing documentation.

When can fathers be fired?

In our country, there are often situations when a mother devotes herself entirely to raising several children, while the father at this time is busy working in order to receive money to support them.

In fact, such an employee is the sole breadwinner of a large family.

And termination of an employment contract with him can be considered not only unlawful, but also consistent with the concept of discrimination based on gender.

According to the amendments made to labor legislation, the employer cannot say goodbye to:

with an employee whose family has children under three years of age;
with an employee who fully supports and provides everything necessary for a family with several children;
with an employee whose family has at least three children growing up;
with an employee whose spouse does not have an official job (she is completely devoted to housekeeping).

An exception to the rules is reorganization with the termination of the activities of a specific organization or enterprise or its complete liquidation. At this point, the law completely equalized the rights of employees of both sexes.

But, despite the general rules, it is still possible to terminate the contract.

There are currently few reasons for this.

These include:

Gross violation of labor regulations by the employee himself. For example, he allows himself to appear at work drunk or is regularly late (truant).
Also, violations that require an immediate response from the employer include intentional harm to the property of an organization or enterprise, other employees or citizens.

All these actions fall under the definition of rude, and allow management to resort to dismissal under the article. The only important condition is the presence of documentary evidence of the employee’s unlawful actions .
As a rule, such termination of employment may result in litigation for the employer. Therefore, he must take care in advance of evidence of the legality of his actions. For example, tardiness or absenteeism should be recorded in acts with two or three witnesses. A drunk person who comes to work requires a mandatory medical examination with the issuance of a separate document.

In case of staff reduction, the manager is obliged to offer the employee another free workplace, if one is available at the enterprise or organization.

If the employee refuses the vacancy in writing, the employer has the right to initiate the dismissal process. According to Article 179 of the Labor Code, this category of citizens now has advantages over other workers. A father with many children may be laid off as a last resort, and only if he cannot be offered another position.

And Article 264 directly prohibits terminating an employment contract with a father who independently supports even one child under the age of three . In this case, fathers have the same state guarantees as single mothers. They must remain on the state's roster and receive pay until the business or organization closes.

A more favorable situation for the employer is when such an employee

wishes to leave of his own free will or by agreement with management. The basis for calculation at one's own request is a statement received by the employer from the employee and drawn up without coercion, according to his will. If we are talking about a written agreement, then it is prepared by the manager, as the party bearing administrative responsibility in accordance with the collective agreement or other local documents. But even in this case, the initiator is the employee who asked management to prepare such a document.

Another legal basis for termination of an employment contract is circumstances that are beyond the control of both parties (Article 83 of the Labor Code). A striking example of such dismissal is the inability to continue working due to health conditions. For example, an employee has been injured or his chronic disease has worsened, which prevents him from performing his official duties in full.

Reasons for laying off a mother of many children

You can not work for two weeks only if: Reasons for dismissal

You have a disease in yourself or a close relative who needs care
Planned move or start of school year
Retirement age has arrived

All these reasons must be documented. A beneficial method is dismissal by agreement, when the employee receives the monetary compensation he needs, and the employer can reduce the workplace legally. True, this case is very complex due to the frequent impossibility of reaching an agreement on the amount of compensation. How to fire correctly According to Art. 180 of the Labor Code of the Russian Federation, management is obliged to notify the employee two months before the proposed layoff. The warning must be in writing and issued only against the employee's signature.

Dismissal of a mother of many children

This is necessary for the reason that in case of any mistake, the employee can go to court. What happens after dismissal In the future, within 2 months before the layoff, it is necessary to send written notifications to the employment service and the trade union. If the reduction is massive (15 or more people), then the notification period is extended from 2 to 3 months. It is worth considering that the notification itself must indicate:

former employee's position
profession
specialty, qualification level
salary

If a vacant position appears during a layoff, the manager is obliged to offer this position to the employee who was laid off.

When you receive notice of layoffs, you must immediately begin looking for a new job.

How to quit without working as a mother of many children

Purchase book: dismissal of a mother of many children from work without working after. Benefits for mothers of many children according to personal income tax. Also, Article 166 of the Code does not provide for tax deductions on the income of one of the parents with dependent children. Can a single mother quit without working? If you cannot reach an agreement with the employer, and if you have not yet used your next vacation, then in this case you can write an application for another vacation with subsequent dismissal.

If the position occupied by an employee with many children is being reduced, and not the number of employees, then the employer must offer her any vacant position that is available at the enterprise, regardless of the level of education and qualifications.

We recommend reading: Individual entrepreneur reporting when closing in 2021