Dismissal of people with many children: mother, father, without work.

Author of the article: Lina Smirnova Last modified: January 2021 30597

The legislation of the Russian Federation is aimed at protecting maternal rights. This especially applies to the field of labor law. The Labor Code of the Russian Federation directly provides for a number of articles limiting the actions of employers in relation to women with children. This applies not only to their employment, but also to their dismissal. In particular, the dismissal of a mother of many children is allowed only in exceptional cases. Therefore, if the interests of a mother of many children are infringed upon dismissal, she should know what rights the state has granted her. In this article, we will consider when a woman with several children can be fired, what gives her the title of mother of many children, what is the procedure for her dismissal for different reasons for dismissal.

Is it necessary to work off after dismissal?

• reaching retirement age and applying for a pension;
• admission to university;
• completing compulsory military service;
• if the employer violates the terms of the employment contract or the provisions of the Labor Code;
• a diagnosis has been made that prohibits the performance of current job duties;
• when moving to another city or region;
• when transferring a legal spouse to work in another region;
• if an employee who is expecting a child resigns or if there is a child under 14 years of age;
• upon dismissal of a father or mother with many children, if the children are under 16 years old, or the children are studying in educational institutions;
• the need to provide assistance and care to a close relative or family member, if there are medical indications for this.

After the employee has begun work, at any time up to the day of dismissal, the application can be withdrawn, depending on changes in circumstances. Like filing a letter of resignation, revocation is formalized in a separate application for cancellation of dismissal. It is impossible to withdraw an application only if an employee has already been hired for the vacated position, and the law does not allow him to be refused employment.

What is meant by having many children?

Currently, federal legislation does not have an unambiguous concept explaining which family is large. Article 1 of Decree No. 431 of the President of the Russian Federation dated 05/05/1991, the resolution of this issue was delegated to Russian subjects. In particular, local authorities are invited, taking into account the demographic and socio-economic situation in the region, to independently determine which categories of families are large and need additional social support.

In the vast majority of subjects of the Russian Federation, a large family is considered to be one in which three or more children under 18 years of age are raised.

In some regions, in order for a family to be recognized as having many children, the number of children in it must be greater. For example, a large family in Ingushetia raises at least five children. In this case, not only natural children will be taken into account, but also adopted ones. The exception is minors who are on state support.

Thus, the status of having many children is assigned if the following conditions are met:

• 3 or more children are being raised (depending on the region);
• children are minors;
• children officially adopted into the family are taken into account.

It should be taken into account that if a family with 3 children breaks up, and some of the children remain to live with their father, then the status of having many children is lost. In the event that after the divorce the mother has 2 children left, then she can become a large family after the birth of another heir.

It is important to understand that it is not enough to have 3 or more children to be considered a mother of many children. This status must be obtained officially through the social security authorities at the place of residence. As confirmation, the applicant will be issued an appropriate certificate.

Is it necessary to work two weeks when quitting a job of your own free will in 2019?

All these options are possible only with the consent of management. The employer is not obliged to accommodate the resigning employee halfway. He can show goodwill, and only if it does not harm the production process.

Notice periods for dismissal may also be specified in the text of the contract. If this is not done, then the individual entrepreneur is guided by the relevant provisions of the Labor Code of the Russian Federation. An employee does the same if he decides to quit – he notifies the employer 2 weeks in advance. If the job is seasonal, or the contract period does not exceed 2 months, then you can quit 3 days after submitting your application.

Is it necessary to work 2 weeks upon dismissal - what does the law say?

There are no exceptions for pregnant women regarding “working off”. However, the employer can take this circumstance into account as a human factor and dismiss the pregnant woman on a contractual basis.

The disabled person indicates in the application a request to dismiss himself within the period associated with the start of receiving the corresponding payments, and the employer has the obligation to terminate the employment relationship at this time. Like old-age pensioners, some categories of disabled people can work at the same time. And then they can only ask to be fired once for a specific event.

We recommend reading: Is it possible to expel a minor from an apartment?

Is it required to work two weeks after dismissal?

The term “two-week work” is often used, which is fundamentally incorrect. The concept of “working off” in relation to voluntary dismissal is not in the law, so there is no need to work off anything.

What is this requirement? Article No. 80 of the Labor Code contains an unambiguous condition that must be met in the vast majority of cases of voluntary dismissal. The employee is obliged to notify of his intention to resign at least 14 days before the dismissal. This condition is aimed, to a greater extent, at protecting the rights and interests of the employer, since a sudden termination of an employee’s work duties may create a situation in which the employer will be forced to urgently look for a replacement. The rights and interests of the employee are protected in any case: you cannot force a person to work and if he does not want to work in a given place, he will quit anyway.

Is it possible to quit without working for two weeks?

As the Labor Code indicates, a person who wants to resign of his own free will must work for a set period, namely 14 days, so that the manager has the opportunity to find a new employee during this time. To do this, he will need to write a letter of resignation and submit it to the employer for review later than two weeks in advance. However, if the director does not need this person for work, he may allow him to leave work without this.

In the event that an employee, while on paid leave or sick leave, expresses a desire to leave his place of work, his work will already be credited. Only he must notify his superiors about this no longer than 2 weeks before the end of the vacation.

I have three children, one of them is 10 years old, should I work for two weeks upon dismissal?

“Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be denied an employment contract.

“The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law.” The specified period begins the next day after the employer receives the employee’s resignation letter.

Is it necessary to work 2 weeks upon dismissal if the child is 3 years old?

Secondly, the employer is obliged to dismiss the employee on the day specified in the resignation letter, when the dismissal is due to his inability to continue working (enrollment in an educational institution, retirement and other cases). Due to the vagueness of the wording “other cases,” the employer must independently determine whether the circumstance indicated by the employee makes it impossible to continue working, which is often the cause of labor disputes related to dismissal.

Should I work 2 weeks if the child is 3 years old? The fact is that the child needs to be taken to kindergarten, but my husband and I work and therefore there is no one to take care of the child. Please tell me how to quit without working

How to confirm the status of having many children with your employer.

To take advantage of the benefits associated with maintaining a job, a citizen must provide the employer with information confirming his status.

Based on the information received, the organization makes an appropriate decision.

Documents for confirmation:

• children's birth certificate;
• marriage registration certificate;
• certificate of families with many children, confirming the fact of raising three or more minors (can be obtained from the OSZN at your place of residence);
• documentation indicating that the employee is the sole breadwinner in the family (certificate establishing the disability group of the spouse, registering the latter as unemployed, etc.).

Should a father of many children work for two weeks upon dismissal?

In this case, you will most likely be paid today or tomorrow, but the employer does not have the right to do this without compelling reasons. To resolve the issue, you can go to court or the labor inspectorate, but the proceedings can take much longer than 2 weeks - up to several months.

The Labor Code (Articles No. 80-81) specifies the grounds on which any employee has the right to resign at his own request without. These are: Please note: it is not necessary to work 2 weeks upon dismissal at the initiative of the employer.

Dismissal of mothers of many children at the initiative of the employer

In addition, an employment contract with a mother of many children can be terminated at the initiative of the employer. This can happen if the following reasons exist:

• inadequacy for the position she occupies. Dismissal on this basis can only be based on the results of certification. The employer cannot independently determine that this particular employee does not correspond to the position she occupies;
• the employee, without a valid reason, evades the performance of her direct duties;
• absenteeism, that is, her absence from the workplace without a good reason for more than 4 hours in a row;
• the employee came to work in a state of alcohol or other intoxication. This fact must be certified by a doctor, and not by the employer himself;
• the employee disclosed information that is a trade secret. At the same time, the enterprise must have a provision on trade secrets, and the employee must be familiar with it, that is, she must have signed;
• the employee violated labor safety standards, which led to injuries or other serious consequences;
• committed theft in the workplace or caused intentional damage to the employer’s property. This fact must be proven not only by the employer, but also by the competent authorities;
• the employee has lost the trust of the employer. It is possible to terminate an employment contract on this basis only with certain employees. For example, with cashiers and storekeepers, that is, with financially responsible persons. But the list of those guilty actions that lead to loss of trust is not established by law;
• committing an immoral act if the work of a mother of many children is related to the upbringing or education of children;
• submitting false documents to the employer.

In order not to fire an employee with many children “under the article”, the employer can offer her to resign by agreement of the parties or of her own free will. This option usually suits both parties. The employer is exempt from completing a lot of paperwork, and the woman receives a “clean” work book.

A pensioner quits: should he work for 2 weeks?

• he resigns on the grounds that he is entering a well-deserved retirement (and indicates this in the application for termination of the contract), and applies this basis for the first time;
• he still has “unfilled” vacation days.

The Labor Code includes a number of special rules governing the relationship between employers and employees in the status of pensioners. Among these norms are those that establish certain privileges for citizens in terms of obligations to work 2 weeks upon dismissal. Let's figure it out: should a pensioner work for two weeks when leaving at his own request?

Accounting info

It would be correct to indicate: “I request dismissal by agreement of the parties (Clause 1, Article 77 of the Labor Code of the Russian Federation). Or submit not an application, but a proposal to terminate the employment relationship on the same basis from such and such a date with a request to provide a written response to this proposal by such and such a date.

As a rule, the employee is interested in how to resign before the expiration of the two weeks provided for in Art. 80 Labor Code of the Russian Federation. This is possible: for example, if an employee is on a probationary period, then he must notify the employer of dismissal only three days in advance (Article 71 of the Labor Code of the Russian Federation). However, there are other options.

How to quit without working for 2 weeks

Today, any employee may have a lot of reasons for wanting or needing to stop working in a particular organization. However, labor legislation provides for mandatory service after writing a letter of resignation. Is it possible not to fulfill this condition and how to quit without working for 2 weeks?

In the labor legislation of the Russian Federation there is no indication that an employee must work after a notice of dismissal. This is a great and, most importantly, completely legal loophole. Have you already figured out how to quit without working for 2 weeks? It’s simple - just notify management of your intention on the eve of going on sick leave or after it starts. In this case, the employee writes a statement of his own free will and sends it to his superiors. After which he goes to a medical institution and issues a sick leave certificate. Accordingly, the employee has the right not to go to work due to illness within the time limits specified in the sickness certificate. At the same time, exactly two weeks after writing the application, you can request a calculation and work book from the personnel department.

Procedure

The procedure includes several steps:

1. Writing an application and submitting it to the administration.
2. Registration of application. Performed by a HR specialist in a special journal. The employee must independently verify that her document has been officially accepted.
3. Issuance of a decree indicating the date noted in the application.
4. Registration of the decree by authorized persons of the organization.
5. Familiarization of the employee with the document. If she agrees with the information presented, she must personally sign.
6. Full settlement with mother. It is appointed on the last working day.
7. Making an entry in the work book and then issuing it to the woman.

Read more: Application to court based on newly discovered circumstances

Only after all steps for terminating the contract have been followed, the procedure is considered legal.

Statement

An application is a document on the basis of which the procedure begins. It is drawn up in any form addressed to the director of the enterprise or company. A4 paper is used for this.

In the application, the mother must provide the following information:

• subdivision;
• job title;
• basis (own desire);
• date of termination of the contract.

It should be clarified under which article of the Labor Code the procedure is carried out - 77 or 80.

Is it possible to quit without working if you have a child under 14 years old?

For people working with children or in educational institutions, the reason for dismissal may be the use of physical force, the exercise of moral pressure or an offense that goes against moral standards.

• complete cessation of the existence and activities of an entrepreneur or enterprise;
• repeated failure to fulfill or neglect of job descriptions (specified in Article 81 of the Labor Code of the Russian Federation);
• intentional and unjustified absenteeism or absenteeism;
• committing unauthorized embezzlement, theft or theft;
• disclosure by an employee of official or state secret information that he was notified of in the performance of his official duties;
• providing false documents when applying for a job.

Labor legislation on dismissal

The Labor Code clearly defines the conditions prohibiting the dismissal of women, these are:

• the mother is raising a child under three years of age;
• a single mother raising a disabled child under the age of 18 or a healthy child under the age of 14;
• is not officially recognized as a single mother, but is raising a disabled child in the absence of any help from the father.

Under these circumstances , the head of the organization may dismiss the employee if:

• the enterprise is liquidated;
• the employee has received disciplinary punishment and continues to periodically ignore her duties;
• systematic gross violations of labor standards (for example, absenteeism);
• the woman committed actions as a result of which management lost confidence in her and treats her as financially responsible persons;
• for an employee performing educational functions (teacher, educator) - committing an immoral offense;
• gross violation of duties while holding a managerial position (head of department, deputy director);
• drawing up and submitting false documents, which affected the activities of the organization and its reputation;
• the use of methods of violence or brute force against students - for employees of the teaching field.

Other reasons for the dismissal of women (including mothers of many children) are not allowed under any circumstances. In the event of a violation, a woman can seek protection from the prosecutor’s office at the location of the enterprise or from court.

The impossibility of dismissing a woman in a position is regulated by Article 261 of the Labor Code of the Russian Federation. But a pregnant employee will be fired if the organization is liquidated, or the individual entrepreneur-employer has officially ceased its activities.

If a pregnant employee works under a contract concluded for a certain period, the contract must be extended until the end of the pregnancy or maternity leave (at the woman’s request). To do this, you must provide a doctor's certificate confirming the fact of pregnancy, as well as an application to extend the contract.

Staff reduction

If an enterprise has begun the process of staff reduction, then a parent with many children is not insured against dismissal. It is worth remembering that, according to Article 179 of the Labor Code of the Russian Federation, employees raising minor children have a preferential right to remain at their workplace. The same norm applies to employees who are raising three or more children under the age of majority.

To identify workers belonging to this preferential category, the head of the enterprise must organize a special personnel commission, which will identify all applicants for preferential retention at work. Compliance with personnel requirements is also necessary. The employee must be notified two months before the upcoming layoff. The management of the enterprise is obliged to offer her other available vacancies that are suitable in terms of qualifications and training. The employer must offer vacancies until they run out.

After this, the manager can offer vacancies lower in position and salary.

The procedure for dismissing employees is regulated by Part 1 of Article 81 of the Labor Code. It involves some difficulties for the employer, because a number of conditions must be met:

• provide evidence that the staff really needs to be reduced;
• leave employees belonging to the preferential category. The remaining staff positions must be headed by qualified employees, as well as those persons with whom the law prohibits terminating employment relationships;
• offer retrenched employees other vacancies;
• It is mandatory to notify all employees subject to layoffs about the upcoming dismissal two months before the expected date. The law requires that the person be notified in writing;
• gather a trade union commission and hear its opinion.

As such, there is no prohibition on dismissal of a mother of many children due to layoffs. But here there are general rules and regulations that have certain restrictions for the employer in terms of terminating the employment relationship on his initiative.

Restrictions apply to the dismissal of pregnant women, as well as mothers with more than 3 minor children.

Law on fathers of many children

Sometimes natural questions arise: if the position of the law with mothers of many children is clear, then are there benefits and guarantees for fathers of many children? This issue is also regulated by Article 261 of the Labor Code of the Russian Federation, which states that a father with many children can be dismissed for any reason. Exceptions:

• a man is raising without a mother a child under 18 years of age, a recognized disabled child or a healthy child under 14 years of age;
• the employee is the only breadwinner in a family with at least three children under 14 years of age, and at least one of the children is under three years of age or is recognized as disabled.

Dismiss a father of many children only for reasons indicated as undeniable for dismissal (they are absolutely the same for both mothers and fathers of many children). This is the liquidation of an enterprise, gross violations of labor standards, the commission of a crime, and so on. Other circumstances cannot be used as a reason for dismissal.

On personal initiative

Dismissal of a mother of many children at her own request is regulated by Article 80 of the Labor Code.
In this case, the procedure for dismissal on personal initiative is the same as for any category of employees. can exercise her legal right

• find a compromise with the employer and terminate the contract by mutual consent;
• go on another vacation and then formalize your resignation;
• enroll in studies or advanced training;
• arrange care for a sick child or family member;
• move to a new place of residence.

The procedure for dismissal on the employee’s personal initiative begins with the submission of an appropriate application.

In it, she must state her request for dismissal, optionally indicating the reasons. An order is prepared in the personnel management service, appropriate entries are made in the employee’s work book, a personal card is drawn up, which is then transferred to the archive for storage along with the employee’s personal file.

In the event of a violation on the part of management, an employee with many children can apply to the court or the state labor inspectorate with a statement of claim for the protection of violated labor rights.

Is it possible to quit without working?

There are indeed ways to quit without completing the required period of service. Moreover, this does not require breaking the law or being “cunning” in any way. Everything is not so complicated, read and remember, this publication will give a comprehensive answer to this, for some, not just an important, but an urgent question.

First, a little more theory. The working period is 14 days; it is counted not from the moment the resignation letter is written (and, what is important, signed by the manager!), but from the next day. You only need to count calendar days, regardless of the number of work shifts in this period.

Statement

1. The header of the document consists of the name of the organization, the name of the manager or other responsible person, and the full name of the dismissed employee. Next, indicate the personnel number and position of the initiator of the application.
2. The title of the document is written in the middle.
3. The body of the document consists of a request to dismiss a person at his own request from a certain date. Additionally, you can specify an article of the Labor Code of the Russian Federation.
4. At the end, a signature, transcript and the current date of writing the application are placed.

• voluntary resignation letters
• voluntary resignation letters

Am I required to work two weeks upon dismissal if I was not officially employed?

If your salary is not paid, you can go to court with a demand for recovery of unpaid wages, and despite your failure to register for work, it is considered that an employment contract has been concluded with you. Just in case, write down the names of witnesses who can confirm that you worked in the store: these could be customers, workers, loaders, store employees.

The Labor Code establishes that even if the employment contract was not drawn up in writing by the parties, it is still considered concluded after the employee is allowed to work. Therefore, a formal application must be written. But there are many nuances that you should know. If you want a detailed consultation, please contact me in a personal message.

Compensation

The employer must pay the resigning employee on his last working day. The calculation includes salary, vacation pay or other compensation.

If, due to the fault of the employer, the quitter has not received the money, he will receive an additional payment for each day of delay in the amount of his average daily earnings.

On the last working day, the resigning citizen is required to receive a work book. If the employer delays the procedure, he is also subject to a penalty for each day of delay.

In the work book, the date of dismissal will be only the date when the citizen received this document.

If for some reason the employer does not return the work, the resigned citizen has the right to go to court. To increase his chances of winning, he needs to file a claim within a month after his dismissal.

If a citizen, for good reason, was unable to go to court within the specified period, he must confirm this fact with relevant documents.

The employer is exempt from paying compensation for the delay of the work book if the dismissed employee:

• did not pick up the document on the last working day;
• ignores written and oral notices to withdraw work;
• did not give written permission to send the book by mail.