Is it possible for a single mother to be fired and laid off?

Is it possible for a single mother to be fired and laid off? A single mother cannot be dismissed from work on the initiative of the administration when the child reaches 14 years of age, except in cases of liquidation of the organization, when dismissal with mandatory employment is allowed. Mandatory employment of these workers is carried out by the employer also in cases of their dismissal at the end of a fixed-term employment agreement (contract). For the period of employment, they retain the average salary, but not more than three months from the date of expiration of the fixed-term employment agreement (contract).

Who belongs to this category

It is impossible to find a description of the concept of a single mother in labor legislation. To clarify who exactly falls into this category, it is necessary to familiarize yourself with the plenum of the Armed Forces of the Russian Federation in paragraph 28 of Resolution No. 1 of January 28, 2014, according to which a woman can be considered a single mother:

• deprived of parental rights or limited by law;
• declared incompetent;
• serving a sentence in prison;
• not participating in the upbringing of the child and not protecting his interests and rights;
• dead or declared missing.

The concept of “mother of many children”

The concept of a mother of many children is not defined by the norms of the current federal legislation. The establishment of criteria for large families falls within the competence of the executive bodies of the constituent entities of the Russian Federation (clause 1 of Decree of the President of the Russian Federation dated May 5, 1992 No. 431). In most regions, families with three or more children are considered large (for example, Moscow law No. 60 dated November 23, 2005, Decree of the government of the Republic of Ingushetia “On social support for large families” dated April 17, 2002 No. 140). In this case, as a rule, children under guardianship, deceased children, or those in respect of whom parents have been deprived of parental rights are not taken into account. The status of a large family is confirmed by a special certificate.

Is it possible to lay off a mother with many children?

Paragraph 4 tbsp. 261 of the Labor Code of the Russian Federation does not name mothers of many children among those who have immunity during reduction, but indicates mothers and fathers in families with three or more young children, who, taking into account regional norms, in most cases are parents of many children. Such employees cannot be dismissed due to reduction, but only if the following conditions are simultaneously met:

• the employee is the sole breadwinner of a child under 3 years of age (disabled child under 18 years of age) in this family;
• the other parent does not work.

In addition, a mother of many children cannot be dismissed due to reduction in cases where she belongs to others specified in Art. 261 of the Labor Code of the Russian Federation categories, that is, when she is pregnant or is a single mother.

Labor rights of a single mother

The rights of a single mother under the labor code make it possible to reduce the amount of tax deductions from monthly earnings by half. A parent who is raising one or more children alone must visit the accounting department at their place of work to apply for a reduction in tax deductions. It is important to take care in advance to provide the chief accountant with the necessary documents, namely:

• children's birth certificates;
• a document confirming the dissolution of the marriage union;
• a certificate confirming that the children attended an educational institution;
• Form 2-NDFL certificate from the previous place of work, if the woman has been working at the enterprise for less than 12 months.

If a single mother is raising a disabled child, copies of the document on disability assignment should be made and also taken to the accounting department.

You can book your vacation at any convenient time. A mother raising a child under 14 years of age can use vacation days throughout the year. When children are over 14 years of age, single mother leave will not be required by law unless one of the children is disabled.

A woman who is raising a child without a husband has the right to work part-time, since raising young children provides benefits aimed at limiting the length of working days. A single mother can apply for a reduction in working hours or choose an additional day off.

The amount of wages will depend on the amount of time worked or on the amount of work performed. In this case, experience is accrued according to the standard regime.

Is it possible to challenge it in court?

A claim against an employer who committed illegal actions against a single mother is filed in court at the location of the organization or employee. A sample application can be obtained from the court office or found on the Internet on specialized websites.

Attached to the claim are copies of documents confirming the validity of the claims against the employer:

• extracts from the work book,
• orders,
• settlement notes and others.

Applications from the plaintiff are accepted only after payment of the appropriate fee. After which a date for preliminary hearings is set, both parties are notified. The court may reject an application if it is drawn up in violation of the norms and rules provided for by law.

Involving a professional lawyer specializing in labor disputes in the process will avoid delays and significantly increase the chances of a positive resolution of the issue.

Is it possible to fire a single mother and in what cases?

Can a single mother with a child under 14 be fired? Below you can find the grounds for legally dismissing a single mother.

Possible reasons

According to the Labor Code of the Russian Federation, an employer does not have the right to terminate an employment contract with a single mother without grounds. According to the labor code, there are many good reasons for dismissing an employee, such as:

• numerous violations of discipline;
• arriving at the office under the influence of alcohol (drugs);
• using false documents to obtain a position;
• complete liquidation of the enterprise;
• disclosure of information about the company’s activities (relevant only in cases where the employee has signed a document maintaining confidential information);
• deliberate damage to company property, causing material damage;
• detection of theft;
• systematic absenteeism.

Article 261 of the Labor Code of the Russian Federation regulates issues related to the termination of employment contracts with mothers raising their children independently.

What about part-time workers?

Is it possible to fire a single mother with a child under 14 years old if the woman works part-time? According to the labor legislation of the Russian Federation, the dismissal of this category of workers will be unlawful, even if the job will be the main one for the new person who comes to her position.

A single mother raising children under 14 years of age can be dismissed only if there are compelling reasons listed by law.

Actions of the employer to establish the presence of single mothers in the state when laying off from work

An employer planning a layoff needs to verify the presence or absence of single mothers among those being dismissed, examine their personal documents, interview them, and, if possible, obtain a statement from them that they do not have this status. In lawsuits, employers often justify dismissal due to reduction by the fact that the woman did not inform management that she was raising her child alone, and thus abused her right. However, as a rule, the courts are not satisfied with this explanation (see, for example, the decision of the Zlatoust City Court of the Chelyabinsk Region dated December 23, 2016 in case No. 2-4552/2016). It is assumed that it is the employer who must find out and establish this fact before laying off an employee.

Otherwise, the employer risks ending up in court as a defendant in a lawsuit seeking to declare the dismissal illegal, reinstated at work, and compensate for moral damages.

Is it possible to lay off single mothers who are civil servants? No, they are also not subject to reduction - the guarantees of a single mother also apply to civil servants (see the ruling of the Investigative Committee on civil cases of the Supreme Court of the Russian Federation dated March 23, 2012 No. 8-VPR12-4).

IMPORTANT! The immunity of a single mother does not apply to those women who work part-time and are fired under Art. 288 of the Labor Code of the Russian Federation (appeal ruling of the Investigative Committee for civil cases of the Moscow City Court dated 02/06/2018 in case No. 33-4581/2018).

Procedure for dismissal of a single mother

Below you can find out the general procedure for terminating an employment relationship with a single mother raising children under 18 years of age. According to Article 84.1 of the Labor Code of the Russian Federation:

1. A dismissal order is issued.
2. The signatures of the manager and employee of the enterprise are affixed to the order.
3. A note is made indicating the employee’s refusal to review the order (if necessary).
4. A corresponding entry is made in the personal documentation and work book.
5. In the last days of work, the employee must be provided with: wages for time worked, compensation payments for unused vacation.
6. According to the dismissal plan, on the last day of work, the employee is issued a work book.

Self-care

If a single mother herself expresses a desire to terminate her employment relationship, she will need:

1. Submit a resignation letter to the head of the company.
2. Work for two weeks while remaining in the same position.
3. After 14 days, the employee must be given a salary, a work book and given a dismissal order to sign.

By staff reduction

In case of optimization of work processes, staff reduction is possible. Often a similar situation arises in cases of financial crisis. The employer does not find the money to pay wages to all employees, so he decides to reduce the number of employees. According to the law, the manager has the right to fire only those single mothers whose children are over 14 years old. Termination of employment relationships with single mothers raising younger children is not legal.

Dismissal of a single mother due to company liquidation

Liquidation of an enterprise gives the head of the organization the right to dismiss each employee. Moreover, even in the event of liquidation, the company has obligations to its staff. Employees who are fired have the right:

1. Receive benefits equal to 30 days' wages.
2. Receive an average salary for 2 months until the employee is officially employed.
3. The ability to be fired at your own request.

Employers are required to notify employees of the liquidation of the company 2 months in advance. The completed receipt will help confirm that the notification was sent in a timely manner.

Dismissal of a single mother at the initiative of the employer

An employer has the right to dismiss an employee only if there are compelling reasons such as ignoring labor discipline, failure to fulfill job duties and systematic absenteeism. If you discover a violation on the part of the staff, you should take care to correctly formalize the termination of the employment contract. It is important to document evidence of the reason for dismissal, to draw up a special act with the signatures of 2 witnesses to the incident. Only after this will it be possible to terminate the employment contract.

Notification of the employment center.

In accordance with Law 1032-1, it is necessary to notify the employment service of the reduction within a certain time frame. This is done no later than 61 days before the start of the procedure itself.

If the reduction is massive, the period will increase by 1 month.

There is also no uniform form for the Notification, so each organization draws it up independently.

The main thing is to include the following information:

• Full name and position of the single mother who is to be laid off,
• qualification requirements and working conditions of the employee,
• date of the notification,
• the period allotted for its reduction,
• Full name of the persons completing the document and their signatures.

Note! If the employer does not submit a notification to the Employment Center on time, administrative measures will be applied to him (Administrative Code, Article 19.7)

Guarantees and compensation

Depending on the basis on which a single mother is fired, payments are due. As a rule, the employer is obliged:

1. Obliged to pay for working hours worked, which will be calculated based on the official salary of the employee and how much unpaid time she managed to work.
2. Give the employee an allowance or bonus payment, which is provided for by law.
3. Compensate for earned but unused vacation days. To calculate, you will need to take into account the number of unused vacation days and the employee’s wages per day.

What payments are due?

If the employer has decided on the need to reduce staff and dismiss a single mother for such reasons, then such an employer will have to make a fairly large amount of payments, which must be made on the employee’s last working day within this organization.

Mandatory payments include:

• severance pay or compensation for dismissal. Its size is established in accordance with the requirements of the Labor Code of the Russian Federation, but cannot be less than the average earnings of a dismissed woman. The amount of such benefits is usually negotiated between employees and the employer during the preparation of a special agreement or amendment to the collective labor agreement. Based on current legislation (Article 178 of the Labor Code of the Russian Federation), the amount of severance pay cannot be less than the average earnings of the employee being laid off based on the last three months;
• wages for the time actually worked in the pay period, regardless of the number of such days or hours (depending on the units in which the working period is measured). If the organization has adopted a procedure for dividing wages, for example, by paying the advance part of wages and the final, calculated part, then all payments are made according to the schedule with the transfer of funds as wages minus the previously paid advance;
• compensation for all unused days of paid leave. If the employee did not fully use her allotted annual paid leave in the previous year of dismissal, then the employer is obliged to compensate her for these days;
• if there are bonuses for high-quality performance of official duties specified in the wage regulations, such payment must also be made, but it is not made on the employee’s last day of work, but according to the schedule for making such payments (for example, on the last settlement day of the quarter);
• if at the time of dismissal the employee was on sick leave and brought it to the personnel service on the last working day, then payment of compensation for the certificate of incapacity for work is made on the first day provided for the transfer of all payments provided for in the organization, if such a day does not fall on the date of dismissal. If the scheduled payment day falls on the date of dismissal, then sick leave must be paid on that day (it is allowed to spread such payments over time within one day).

The layoff of a single mother in almost all cases will be considered illegal, since the legislator is trying with all his might to protect the rights of those women who have to raise their children without the help of their biological father. It is for this reason that the employer must be prepared for the fact that when reducing staff, he will have to conclude with the dismissed employee either a special agreement on termination of the employment contract, or carefully, from a documentary point of view, justify the need to terminate the employment relationship with such an employee before the authorized government bodies.

Employer's liability in case of illegal dismissal

An employer who illegally fires a woman raising minor children is liable. The employee has the right to appeal the manager’s decision by contacting the court or the state labor inspectorate. Each of these bodies has its own methods that influence employers.

According to the Administrative Code, an enterprise owner who illegally fires a single mother violates labor and labor protection laws. A fine may be imposed on the company, the amount of which is in the range of 30,000-50,000 rubles.

If a woman raises a child alone

If a manager wants to fire a single mother with a small child in her arms, then he can only do this in connection with liquidation or through the fault of the employee herself (for example, due to systematic tardiness or other serious violations of labor discipline). In case of a regular staff reduction, such a woman cannot be considered as a candidate for dismissal - she must be excluded from the list.

What should an employer do if a single mother is the only one in the position being reduced or he does not want to fire more experienced and qualified employees? There is only one option here - to offer her another job at the company. It must be suitable for her medical reasons. It is better if the employee retains the same salary, then there will be a greater chance that she will agree. Otherwise, refusing a new position will not give the employer the right to make a reduction.

How to challenge an employer's dismissal decision

To challenge the decision of the head of the enterprise on dismissal, you will need to contact the court or the state labor inspectorate within 30 days from the date of issue of the order. In this case, no fee will be charged.

Consideration of challenging a dismissal decision is possible on the basis of:

• dismissal of a woman while she is on sick leave;
• making mistakes when filling out an order by the employer;
• termination of an employment contract with an employee on the basis of an unproven reason.

Most often, the court considers the challenge in favor of single mothers.

What regulations regulate labor issues?

Labor relations are characterized by the interaction between employee and employer. In this case, the first performs the duties assigned to him independently in full compliance with regulations. The leading position in such situations is occupied by the Labor Code of the Russian Federation.

In addition to the Labor Code, standards are established by other normative acts: regulations, rules, federal, regional, departmental, local and corporate documents.

At the federal level, international treaties play an important role. They have priority over other acts regulating labor relations.

Labor standards are also enshrined in the basic law of the country - the Constitution of the Russian Federation. Federal decrees include decrees of the President of the Russian Federation and decrees of the Russian government.

At the regional, departmental and local levels, laws and regulations are issued, respectively. Each of them should not conflict with the requirements of the Labor Code of the Russian Federation.

Most rules of conduct, rights and obligations of the parties to an employment contract are published in enterprises and organizations

At the local level, the relations of the parties are specified for specific working conditions, which is quite justified, since what is important in one case may be considered unacceptable in another

Typically, local acts, such as labor regulations or staffing schedules, are long-term in nature. Upon entering the organization, each employee not only enters into an employment contract with the employer indicating the position, certain functions, place of work, rights, responsibilities, wages and other essential working conditions, but also becomes familiar with all local regulations in force for the given employer.

FAQ

Below you can find questions on the topic of dismissal of single mothers and answers from lawyers.

The employee wishes to urgently terminate the employment contract and not work for 2 weeks. She is a single mother, since while working at the company she managed to officially divorce her husband. Is it possible to refuse her?

The Labor Code does not provide for any specifics regarding the termination of an employment contract for single mothers, which is drawn up at the employee’s own request. It should be taken into account that the dismissal of an employee due to the impossibility of continuing his work obliges the employer to sign the termination of the employment contract within the period specified in the application.

The employee is required to notify the employer of dismissal 14 days in advance. If the manager does not mind, then the employment contract is terminated before the notice of dismissal expires.

I am a single mother raising two children. I want to quit without working. What do I need to do for this?

There are no special conditions in labor legislation for terminating a contract with employees classified as single mothers. The dismissal process should be carried out on a general basis. However, it is important to take into account Art. 261 of the Labor Code of the Russian Federation, according to which the manager does not have the right to fire single mothers who are raising children under 14 years of age without good reason. If the employer agrees, the employment contract with the single mother will be terminated without the need to work. If it is impossible to reach an agreement with the manager, you can submit an application to the accounting department for leave with the possibility of subsequent dismissal from your place of work.

Is there a ban on layoffs for single mothers?

Dismissal of single mothers on the initiative of the head of the enterprise is possible only on the basis of compelling reasons, which are described in labor legislation. This list does not include reductions in the number of employees. Even if the position occupied by a single mother is reduced, the employment contract can only be terminated illegally.

When staffing is reduced, managers are required to offer single mothers other positions that may be suitable for the woman for health reasons. The position may be of a lower level or similar, but with less pay.

Is it possible to fire single mothers during a probationary period?

According to Part 1 of Art. 71 of the Labor Code of the Russian Federation, it is unacceptable to terminate an employment contract with single mothers raising children whose age does not exceed 14 years.

Is it necessary for a single mother to work for 2 weeks after sending an application to the head of the enterprise?

The employer can respond to this request, referring to his own wishes. He can either demand to work for 2 weeks or release the employee without working. If the reason for dismissal is the inability to perform job duties due to serious health problems.

The owner of an enterprise does not have the right to fire a woman who is raising minor children alone without a valid reason. Even in case of violation of labor discipline, appearing at the workplace while intoxicated, or if a case of theft is discovered, it is important to correctly formalize the termination of the employment contract. Before dismissing an employee, it is necessary to draw up a special act on violation of labor discipline or failure to fulfill official duties and put the signature of two witnesses on the document. Otherwise, the woman can appeal the manager’s decision to court. Due to the lack of evidence of a valid reason for dismissal, a fine will be imposed on the company.

Downsizing in the organization

Personnel issues on the territory of the organization are resolved by its management. One type of personnel changes is reduction. It can take place in two main scenarios, including:

• reduction in the number of employees;
• reduction of company staff.

The number of employees refers to the total number of people who work in an organization. With this type of downsizing, the number of employees decreases, while the job structure does not undergo any changes.

In the case of staff reductions, the situation is somewhat different. Here one of the positions existing at the enterprise is completely canceled.

For example, in a certain state there is a position of security guard, which is occupied by five people. If it is decided to reduce the number of employees, then, for example, two people may be laid off. At the same time, the position of security guard at the enterprise will remain. If we are talking about staff reductions, then all security guards will lose their jobs, and the position itself will disappear from the staffing table.

Social benefits

Attention! In addition to tax and labor benefits and privileges, single mothers have various rights in the social sphere. For example, children of working parents who raise them alone have the right of priority enrollment in preschool educational institutions

Also, tuition fees for children in such organizations are reimbursed by 20% for the first child and 50% for the second child.

Regions often independently establish certain benefits for single-parent families. The privileges of all spheres of social life of the population concern, here are some of them:

• providing the necessary assistance in preparing the child for school, if a single mother is not able to buy everything she needs;
• at school, children raised by one parent have the right to have two meals in the canteen (for this you will need to submit a corresponding application to the educational institution addressed to the director);
• providing children with free massage sessions by medical specialists;
• the state provides free trips to camps and sanatoriums for children;
• children are given priority for admission to kindergartens;
• provision from the state of a 30% discount on a child’s education in additional education organizations (sports clubs, drawing schools, etc.).

Single women who are forced to care for a child with limited physical capabilities can count on this type of financial assistance. Based on Presidential Decree No. 175, the monthly payment for forced care is 5,500 rubles. A number of privileges are also provided:

• free travel is provided with the offspring (for one accompanying person) in city (suburban) transport;
• free travel to the place of treatment at the sanatorium is allowed;
• additional payment is provided for medications and medical care;
• compensation related to the increase in the cost of products and other allowances are calculated.

Based on Federal Law No. 181, the costs of educating a disabled child with a neurological or mental illness in a private educational institution in Russia in 2021 will be reimbursed from the state treasury.

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If time off is subject to payment, then, accordingly, paid and short leave are provided. Deadlines Dismissal of a woman is not a complicated procedure, and the terms of dismissal established by labor legislation apply to the worker in full. An application for resignation at will must be submitted two weeks in advance. If the initiator of termination of cooperation is the employer, then dismissal can be made no later than a month from the moment the offense was committed. How to protect your rights? Considering the benefits and guarantees established at the legislative level for women who combine maternal responsibilities with work, the dismissal of a worker with violations can only be resolved in court.

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