Termination of an employment contract with a single mother

Home / Family law / Benefits and benefits

Back

Published: 07/13/2018

Reading time: 8 min

0

367

Termination of an employment contract is one of those cases when the current norms of labor legislation should be clearly taken into account. In the event that we are talking about the termination of an employment contract and the dismissal of a woman recognized as a single mother or having an equivalent status, it is necessary to comply with the norms of such legislation with special care. Is it possible to fire a woman who is recognized as a single mother? What is the regulatory framework for regulating such a procedure?

• Regulatory basis for dismissal
• In what cases is it permissible to fire a single mother?
• Procedure for dismissal of a single mother
• Features of dismissal

Is it possible to fire a single mother?

The authorities strictly monitor compliance with the benefits and guarantees provided to single mothers. For example, it is possible to terminate an employment relationship only in the presence of serious circumstances.

The procedure for dismissal of single mothers is fixed in the Labor Code of the Russian Federation. Article 261 reflects a list of grounds that allow you to sever a relationship with a subordinate at the initiative of the employer:

• immoral behavior of an employee;
• liquidation and other actions related to the termination of activities;
• health status reflected in the medical report and preventing further compliance with the job description;
• non-compliance with labor regulations;
• culpable behavior resulting in loss of trust.

Attention

The general rules do not apply to the unilateral dismissal of single mothers with children under 14 years of age.

Dismissal with consent

Dismissal is possible only according to the general termination procedure prescribed in Article 84.1 of the Labor Code:

1. The employer draws up a dismissal order.
2. The document is filled out by a human resources employee.
3. The order is signed by the manager or other responsible person.
4. The order is issued to the employee for reading and signing.
5. If the employee disagrees or is unable to convey the information, an appropriate mark is placed.
6. Records of dismissal are placed in personal documents.
7. On the last day, the employee is given a work book and cash payments.

The following documents are required upon dismissal::

• Order of dismissal.
• Note-calculation.
• Mark on your personal card.
• Mark on personal account.

A record of dismissal is entered in the work book, stating the grounds in the form of the relevant article and clause of the Labor Code. If necessary, the employer issues a notification to the employee about the issuance of a work book.

Normative base

The procedure for applying the regulatory framework regarding the work of single mothers is reflected in Resolution of the Plenum of the Supreme Court of the Russian Federation No. 1.

Federal Law No. 256 provides for additional state subsidies for families with children. A single woman who gave birth to 2 babies without male support is also entitled to maternity benefits.

Information about all other support options is contained in labor legislation. The list of guarantees is fixed in Art. 261 Labor Code of the Russian Federation. The employer can terminate the contract with a single mother, but only in the presence of exceptional circumstances set out in Art. 81 of the Labor Code of the Russian Federation (except for paragraphs 2-4 and 9) and in Art. 336 of the Labor Code of the Russian Federation, if we are talking about a female teacher who ignored part 2.

Who counts as such?

At the federal level there is no definition of a single mother , whereas in the USSR such women had official status. However, the concept of “single mother” (without decoding) is found in labor legislation and Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1 “On the application of legislation regulating the work of women, persons with family responsibilities and minors.”

A single mother, according to established practice, must have the following criteria:

• this is a woman who is not in a marital relationship and is raising a child alone;
• her child must be a minor (under 14 years old) or a disabled child under 18 years old;
• this child officially does not have a father (there is a dash on the birth certificate, or the father has proven in court the lack of relationship).

An adoptive mother can also be a single mother:

• who has adopted a child without being married;
• whose husband refused to participate in the adoption procedure.

It is important to note that widows and divorced women will not be considered single mothers when receiving government benefits. In the first case, the woman has the right to receive a survivor's pension. In the second case, she has the right to alimony if the child’s father does not challenge paternity.

In labor legislation (in accordance with the explanation given in paragraph 2 of clause 28 of the PPVS dated January 28, 2014 No. 1), a single mother is recognized as an employee who actually raises a child alone, that is, when her husband and (or) father child:

• died, declared missing;
• deprived of parental rights;
• declared incompetent or limited in legal capacity;
• is unable for health reasons to raise and support a child;
• deliberately evades parental responsibilities (which can be confirmed by the presence of a child support debt);
• is serving a sentence for a crime in a correctional facility.

Contrary to popular belief, no single mother status needs to be specifically established. At the place of work, it is enough to present one or more documents from the list below:

• the child’s birth certificate, which contains a dash;
• husband's death certificate;
• court decisions challenging paternity, depriving the father of parental rights, declaring him incompetent, etc.;
• a copy of the court verdict according to which the child’s father is serving a sentence of imprisonment.

The administration of the organization should focus specifically on these documents and on paragraph 28 of the above Resolution.

Is it possible to terminate the contract with such an employee?

Labor legislation separately regulates the working conditions of persons with family responsibilities. Is it possible to fire a single mother?

Important! In accordance with Part 4 of Art. 261 of the Labor Code of the Russian Federation, a single mother raising a minor under 14 years of age or a disabled child under 18 years of age cannot be fired at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation).

However, there are exceptions! For the following reasons, an employment contract can be terminated at the initiative of the employer:

• the organization is being liquidated;
• an employee who is a single mother committed guilty acts (missed work, showed up drunk, committed theft, etc.);
• she is a teaching worker and has committed an immoral act (drinking alcohol in a public place, swearing, etc.) or used violence (physical or mental) against a pupil or student;
• or is the head of an organization and has committed a gross violation of labor discipline;
• provided false information about herself when applying for a job.

Thus, an organization cannot fire a single mother:

• for inadequacy of the position held;
• in case of staff or position reduction;
• when the owner of the organization changes (if a single mother is a manager, deputy or chief accountant);
• she, as the head of the organization, made an unreasonable decision.

Reference. Dismissal of a single mother with a child under 14 years of age can occur due to the expiration of a fixed-term contract, at her own request or by agreement with the head of the organization.

There is also no prohibition on terminating an employment contract for reasons beyond the control of either the employee or the employer (Article 83 of the Labor Code of the Russian Federation):

• declaring the employee incapable of work according to a medical report;
• she was found guilty of the crime and was sentenced to imprisonment, etc.

Single mothers raising a child aged 14-18 (if he is not disabled) can be dismissed for any of the reasons listed in Chapter. 13 Labor Code of the Russian Federation.

Recommended reading:

Notice periods for dismissal

Legislation on dismissal

Registration of termination of an employment contract

Dismissal of a single mother in different cases

Vulnerable groups of the population are provided with government support. Before parting with a single mother, the employer is recommended to study the norms of the Labor Code:

• Art. 77 on general rules for dismissal;
• Art. 79 on fixed-term working relationships;
• Art. 74 on legal ways to adjust the contract, as well as on the organizational and technological situation at work;
• Art. 179 on preserving the place of work on a preferential basis.

Attention

Failure to comply with the law when terminating a contract can result in serious consequences for the employer - punishment in accordance with the administrative and criminal codes.

Other benefit categories

The law prohibits employers from unilaterally terminating employment relationships not only with single mothers, but also with other persons with children. For example, dismissing a woman with a child under 3 years of age is illegal in most cases. The same restrictions apply to this category as in the case of a single mother.

When asked whether it is possible to fire a father with many children, the answer is not always “no”. Legislators have limited this possibility only if such a father, who is raising three or more children, is the sole breadwinner in the family. This usually happens if his wife does not work. A similar rule applies to fathers of few children who have a child under 3 years old, whose second parent is unemployed (not on maternity leave, not in an employment relationship).

Dismissal of a single mother at her own request

Expressing a personal desire to change place of employment (Article 80 of the Labor Code of the Russian Federation) should not and cannot give rise to complaints. But in practice the following circumstances occur:

• a single mother is forced to ask for leave;
• the boss grossly violates labor standards;
• I need to quit urgently.

What should I do? The creation of conditions in a team that force people to leave should be considered by the inspectorate that protects the rights of workers or the prosecutor's office. Only the presence of serious violations on the part of a single mother allows the manager to terminate the employment relationship.

Regular delays in salaries can result in administrative and even criminal prosecution for the director. Such issues are dealt with by the prosecutor's office, the labor inspectorate and the court.

Attention

No one should insist on leaving if a woman raising a child alone managed to change her decision during the notice period. The manager does not have the right to retain a subordinate after the regulated period has expired.

FAQ

Dismissing a single mother involves some nuances, so questions often arise on both sides.

What difficulties do employers most often encounter when terminating cooperation with a woman who has the status of a single mother? Let's look at the most common of them.

Do they have the right to fire if a woman is on maternity or child care leave?

According to the law, the employer is given the right to dismiss single mothers on maternity leave or caring for children under 3 years old only if the organization is completely closed (Article 81 of the Labor Code of the Russian Federation).

However, if the legal successor changes at the enterprise, then the job must be retained by such a woman.

It is also possible to dismiss an employee while carrying a child or caring for him up to 3 years of age if she writes an application for settlement of her own free will.

Is it possible to terminate the contract during the probationary period?

The employment of single mothers follows general principles, and often the employer assigns her a probationary period, during which she is checked for qualifications and suitability for the position held. Moreover, the employee is immediately warned about this even at the interview stage.

If a woman has not demonstrated business qualities to occupy a vacant position, then the employer has the right to dismiss her during a probationary period without working out.

Can a pregnant woman be fired from her job? Read the article. Where do I need a 2-NDFL certificate? See here.

How is the job description familiarization sheet prepared? Find out here.

What about part-timers?

An employee who has the status of a single mother can be dismissed in accordance with the general norms of labor legislation.

However, the manager should not forget that there must be good reasons for this:

• her own desire;
• liquidation of the enterprise;
• violation of labor discipline or safety regulations.

What if an employee’s child is disabled?

The law prohibits dismissing a woman with a disabled child under 18 years of age without her consent.

This procedure is possible only if gross violations specified in Art. 81 Labor Code of the Russian Federation.

How to defend your rights?

If the dismissal of a single mother was carried out in violation of labor laws, then she can seek protection of her rights.

For this purpose there are the following authorities:

It is necessary to clarify that the appeal will only have an effect if no serious violations are found against the employee.

If she really wants to keep her job, then she should fight for her rights and defend them through all the above-mentioned bodies.

The law provides for the protection of the rights of a single mother, so illegal dismissal can be challenged in court.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

1. via the form (below), or via online chat
2. Call the hotline:
   8 (800) 700 95 53

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Dismissal

Dismissal at the initiative of the employer

Management often wonders whether it is possible to deprive a woman whose child is growing up without a father of a job if she does not express such a desire?

It is possible, but only under serious circumstances:

• Absenteeism (clause a part 6 of article 81 of the labor legislation).
• Failure to comply with the discipline in force at the enterprise (Part 5 of Article 81).
• Lack of knowledge and skills to obtain a vacant position, identified during the probationary period. The time worked must be paid (Part 3 of Article 81).
• Drunkenness (Article 81, Part 6, Clause b).

Attention

The state protects single mothers in many ways, but they should not break the law.

Responsibility measures

Administrative punishment for an employer for the illegal dismissal of a single mother is specified in Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

An official may pay a fine of 1000-5000 rubles. The company can be fined up to 50,000 rubles and suspended for up to 3 months.

Dismissal of a single mother is possible if the employee decides, the consent of both parties or the liquidation of the organization. In all these cases, the procedure for terminating the contract follows the general procedure. However, dismissal at the request of the employer can only occur in case of serious violations. Also, such a decision can be challenged in court.

If you find an error, please select a piece of text and press Ctrl+Enter.

Reduction

Reduction of staffing based on clause 2, part 1, art. 81 codes are produced to implement various purposes:

• cost optimization;
• relocation of the company to another city;
• reduction in the scale of the enterprise.

Norms Art. 261 of the Labor Code of the Russian Federation does not allow the dismissal of a single mother, since the type of termination of the employment agreement relates to the will of the employer. The ban applies during the period of independent education of a child under 14 years of age.

Information

A woman performing job duties that the company no longer needs is required to offer another vacancy. Qualification requirements and income level should not worsen the previous situation of a single mother. Only refusal of all possible options allows the employer to invalidate the contract with the subordinate.

How and for what can you expel an employee without her consent?

If the employer cannot continue to provide work in the company to a single mother, then a certain procedure must be followed to dismiss:

1. At the time the decision to dismiss is made, an order is issued in form T8, which justifies the dismissal, in accordance with the articles of the law.
2. No later than 2 months before dismissal, the employee must be informed. She must also sign the relevant notice. If the order cannot be submitted in person for reading and signature, it should be sent by registered mail to the residential address, attaching a copy of the order and a notice of the day of termination of the contract.
3. If you read the text of the order and refuse to sign, 2 employees of the enterprise will have to confirm this with their visas, on the back of the paper.
4. The order is given to the personnel service to make an entry in the employee’s personal documents. Records of dismissal are made in the work book and personal card in accordance with the article of the Labor Code of the Russian Federation, indicating the number and date of the order.
5. A copy of the order is given to the accounting department for calculating payments. They are calculated taking into account the last working day based on the order. They include wages, vacation compensation, hazard pay (if any), etc. The money is paid in full no later than the date of completion of cooperation. All transactions must be shown on form T-61, with one copy given to the employee.
6. On the day of dismissal, personal documents and payment of funds are issued. A work book, a certificate of calculation and a certificate in her name are presented if the qualification requires confirmation of a skills test.

Liquidation of an enterprise or closure of an individual entrepreneur

The Labor Code gives the director the right to terminate relationships with subordinates, including single mothers, due to the liquidation of the organization. Mandatory conditions: advance notice 2 months in advance and provision of material payment - severance pay.

P. 1 part 1 art. 81, regarding liquidation measures, guarantees employees an average income for 1 month and the preservation of a similar amount during the time spent on employment, but not more than 2 months. There are exceptions: provision of the average salary for the 3rd month, if within 2 weeks the dismissed citizen officially began looking for a job, but could not find anything.

Who isn't a single mother?

Of course, all of the above ladies are indeed single mothers, but were not included in this list:

• those who are divorced (even in situations where it is impossible to obtain alimony from the father even in court);
• those whose child was born out of wedlock, but paternity was established formally, even voluntarily;
• widows (although this category has its own, separate advantage - they receive a permanent benefit).

If in these two lists you see confusion that is difficult to remember, then you can simply take into account: according to the law, a single mother will only be one whose child’s father is not formally recorded on the birth certificate.

It is also worth considering that the legislation does not use the term “single mother”; Instead, you might find phrases like “single parent” or “single parent.”

Dismissal of a single mother by agreement of the parties

The separation of the head of an institution from his subordinate by mutual consent is stipulated in Art. 78 of the Labor Code of the Russian Federation and cannot be associated with any pitfalls. The pros and cons for the employee are given in the table.

Termination of labor relations by agreement of the parties

There are many positive aspects when dismissing employees by agreement of the parties, which is regulated by Article 78 of the Labor Code of the Russian Federation.

This is justified by the fact that the parties come to mutual agreement and understanding upon termination of cooperation.

The procedure involves the signing of a special agreement, which stipulates the obligations of the parties at the time of termination of the employment relationship.

At the same time, there are positive and negative sides, both for the employer and the single mother, depending on the prevailing circumstances.

Documentation

When dismissing a single mother by agreement of the parties, first of all, it is necessary to sign an agreement.

It records the consent of the parties to terminate labor cooperation and other obligations of the parties that they must fulfill to each other.

Example agreement:

In addition to this, the employer must follow a certain calculation procedure and complete the following documentation:

• draw up and deliver a notice of the date of dismissal to the employee in person against signature or send it through post offices to the residential address;
• issue an appropriate order and send it to the personnel service;
• The personnel officer must make notes in the employee’s personal card and her work book;
• the accounting department, on the basis of the dismissal order, must accrue settlement and compensation money;
• the settlement department must pay through the cash register or to the employee’s bank card all funds due to her no later than the day of dismissal;
• The personnel service, no later than the day of dismissal, must give the work book with a note about the order to terminate the employment contract.

Deadlines

The legislation provides the following deadlines for an employer who fires a single mother:

• The employee must learn about her dismissal, downsizing or liquidation of the enterprise no later than 2 months before the settlement date. This period will allow her to find another job. If the notice is sent by mail, then the day the employee receives it in her hands is considered the countdown date until her dismissal.
• All payments due must be credited to the employee’s account or handed over through the company’s cash desk no later than the day of termination of the employment contract.
• On the last day (possibly earlier), she needs to return her work book.

Working off

The legislation does not provide clear definitions regarding work off when a single mother is dismissed.

Therefore, the employee and the management of the organization can agree and come to mutual agreement whether she needs to work on it before the settlement day or not.

If she has unused vacation, then she can write an application for it with subsequent dismissal (Article 125 of the Labor Code of the Russian Federation) instead of working until the payment date.

Guarantees and compensation

The regulations of the Russian Federation do not provide any special privileges for a single mother in the event of her dismissal.

She is entitled to the same payments, compensation or benefits as all other employees of the enterprise.

Therefore, the employer must make all due payments no later than the day of termination of the contract.

These include:

• wage;
• compensation payment for vacation days that were not used;
• other payments depending on the circumstances of dismissal (for example, liquidation of an enterprise or reduction of the department where she worked.)

How to properly make changes to a job description? Find out from the article. How is sick leave paid when staffing is reduced? See here.

Dismissal procedure

A subordinate and a manager may separate for various reasons, as reflected in the Labor Code. Regardless of the surrounding circumstances, the employer must follow the sequence of termination of the relationship.

Preliminary documents

If the dismissal is related to the personal desire of the citizen or agreements reached with the employer, then the initial document is a handwritten statement or agreement signed by the parties.

Attention

Staffing reductions or liquidation measures require 2 months' notice to workers.

If a single mother violates current norms and does not obey the order established at the enterprise, then in order to terminate the contract, the employer must begin by drawing up internal documents - reports and orders.

Order, entry in the work book and necessary certificates

After the director of the organization has signed the preliminary document, the HR specialist must draw up a dismissal order (T-8a). The internal act usually reflects the position held, the true reason for leaving, an article of the Labor Code of the Russian Federation and the period for termination of the working relationship.

The order serves as the basis for making the final payment and creating an entry in the work book. The contents of the papers must be brought to the attention of the single mother against signature. The document on work experience must be returned to the worker on the day of separation.

Information

A certificate in form 2-NDFL may be required by a future accountant if a woman applies for leave, a certificate of temporary disability, etc.

The employee also has the right to request: information about legal rest, copies of employment orders, etc. The former employer must provide the necessary information no later than 3 days from the date of official registration of the request.

Challenging dismissal in court

You can challenge an employer's decision to dismiss within a month from the date of issuance of the order to terminate the employment contract. There is no fee charged.

Challenging can be carried out on various grounds:

• The woman was fired while she was on sick leave.
• The employer made mistakes when processing the dismissal. For example, he did not familiarize the employee with the order.
• The employer terminated the employment contract on the basis of the employee’s dishonest behavior, which was not proven in any way.

In most cases, such cases are considered in favor of single mothers.

Working off

Art. 80 of the Labor Code of the Russian Federation gives the right to any citizen to terminate relations with superiors 2 weeks after notification. An agreement between the parties can reduce or cancel this period. Also, a parent can avoid working time by taking leave or providing compelling arguments (medical certificate, reaching retirement age, moving, etc.)

Attention

In accordance with Art. 71 of the Labor Code, the boss must be notified of the termination of official duties during the probationary period 3 days in advance.

Dismissal of subordinates in connection with liquidation measures requires the issuance of appropriate notices 2 months in advance. At the same time, the manager is obliged to notify the employment service. A manager who plans to exclude a position held by a single mother from the staffing table is also required to notify her of this 2 months in advance.

Possible reasons

No restrictions or features are provided for in the following grounds for terminating an employment relationship with a single mother.

1. Own wish.

In accordance with Art. 80 of the Labor Code of the Russian Federation, an employee has the right to resign at her own request by submitting an application 2 weeks before leaving work. Other deadlines may be set:

• 3 days – if she is listed as a trainee or works under a fixed-term employment contract concluded for a period of no more than 2 months;
• 1 month – this period is established for organizational leaders and sports workers.

Before the expiration of the period, the employee has the right to withdraw her application.

By agreement with the management (Part 2 of Article 80), the employee may not work and leave immediately. She also retains the right to go on vacation with subsequent dismissal.

1. Agreement of the parties.

This basis ( Article 78 of the Labor Code of the Russian Federation ) is often a solution for employers who cannot lay off an employee who is a single mother. The head of the organization sends her a proposal to terminate the employment contract and conducts negotiations, during which the following are established:

• conditions of dismissal (timing, transfer of cases, etc.);
• the amount and procedure for payment of severance pay (sometimes dismissal is made without this payment).

The employee herself can also send a proposal to terminate the contract.

1. Expiration of a fixed-term employment contract.

In accordance with Art. 79 of the Labor Code of the Russian Federation, the head of the organization must notify the employee of dismissal 3 working days in advance. If he does not want to fire the temporary employee, and she, in turn, does not want to leave, no notice is sent, and the employment contract is automatically extended.

1. Termination due to circumstances beyond the control of the parties.

In this case, the employment contract is terminated from the moment such a circumstance arises (the employer was provided with a certificate from the medical commission, etc.).

At the initiative of the employer

As mentioned above, Part 4 of Art. 261 of the Labor Code of the Russian Federation imposes restrictions on employers in dismissing single mothers on their own initiative, with the exception of certain cases.

1. Liquidation of the organization.

In accordance with Art. 180 of the Labor Code of the Russian Federation, the employer must notify employees of liquidation in writing. The document states:

• reference to the Liquidation Order;
• period of termination of the organization's activities.

The employee has the right to resign before the expiration of this period by submitting written consent. In this case, the employer must pay her an additional benefit in the amount of average earnings, proportional to the days remaining until liquidation.

1. Guilty actions.

Unlike pregnant women, single mothers can be fired for the following offenses:

• systematic violation of discipline, for example, being late, if there has already been a disciplinary sanction for this this year;
• truancy, appearing drunk;
• performance of actions by a financially responsible employee (cashier or accountant) that resulted in loss of trust, etc.

There is no deadline for notice of dismissal, and the employee will be confronted with the fact by examining a copy of the Dismissal Order. In some cases, the head of the organization may set a certain period, for example, for conducting an inventory, identifying and proving shortages.

Due to layoffs at work

Important! A single mother raising a young child or a disabled child is the category of workers who are immune to layoffs.

But in practice, there are often situations when, during the process of reduction (2 months are allotted for this), the child turns 14 years old (18 for a disabled child). In this case, the employer has the right to dismiss a single mother due to reduction, in compliance with all procedures:

• offering her other positions;
• paying severance pay after dismissal.

As with liquidation, the employee has the right to resign early, receiving additional payment.

Payments and benefits

A single mother is entitled to certain payments upon dismissal:

• Monthly earnings.
• Compensation for unused rest time.

Information

Under certain circumstances, the boss may even withhold part of the earnings. For example, if an employee was paid vacation pay in advance, the accountant will deduct it from the final payment. The amount of deduction should not exceed 20% of monthly income (Part 1 of Article 138 of the Labor Code of the Russian Federation).

The basis for providing severance pay may be:

1. Liquidation measures. Material support is equal to the average monthly salary.
2. Health status. Art. 178 of the Labor Code of the Russian Federation guarantees the provision of income within 14 days.
   Attention

   An employee who submits her resignation on her own initiative cannot exercise this privilege.

3. Agreement reached. The procedure for assigning this “farewell” payment is not specified in any law, so it all depends on the boss.

The regulatory framework and internal local acts allow the employer to decide on awarding bonuses, allowances and other bonuses specified in the collective agreement (the amount depends on the employer’s decision).

Procedure and stages of dismissal:

Required documents

The documents that a personnel specialist prepares at the time of dismissal depend on the reason for dismissal. However, in each situation, it is necessary to prepare a dismissal order in the T-8 form or on letterhead, which the employee must familiarize with signature.

Other documents include:

1. Agreement - if the dismissal occurs by agreement of the parties;
2. Acts, reports and memos - if dismissal is due to a disciplinary violation;
3. Personal statement - upon dismissal at the request of the employee;
4. An order to liquidate the company and a signed notice - in case of liquidation of the company;
5. Medical certificate - if dismissal occurs for medical reasons.

How to challenge dismissal

A single mother can object to the unlawful termination of her employment relationship in court. Servants of Themis are subject to both recovery of lost profits and compensation for moral damage.

Important

In accordance with Art. 392 of the Labor Code of the Russian Federation, the injured employee is given 1 month from the date of provision of the work book or creation of the dismissal order.

The official paper must reflect arguments confirming the illegality of termination of the contract and the exact demands of the victim: restoration of status, compensation for moral shock, etc.

Important

Dismissal of a single mother for illegal reasons threatens the employer with a fine (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Who can legally be considered a single mother?

First, you need to find out who exactly can be considered a single mother under the law. This will help to figure out who really has this status and who does not; Should a woman count on special rights, and should her superiors worry about the need to respect these rights?

So, in ordinary life, it is customary to call a woman who raises a child alone, without a husband, a single mother. The majority has no doubt that this is exactly how it is, but the Labor Code of the Russian Federation was compiled by people who think differently.

According to the law, a single mother is:

1. a woman who gave birth out of wedlock, if the father is not indicated on the birth certificate (instead - a dash) or is written down according to the mother;
2. or a woman whose child’s father has formally challenged paternity;
3. or who adopted a child without a husband (out of wedlock).

How to get an extract from the Unified State Register of Individual Entrepreneurs?
We suggest you read about it here. How to pay the LLC registration fee? The article describes where and how this can be done.

Learn how to purchase a franchise for an online spare parts store here.

It turns out to be a rather strange picture. Especially considering that many marriages today are not concluded in the registry office, but are “civil”. With this type of cohabitation, there may be common children who are not registered with the father (some take advantage of this situation to receive additional benefits), and children of the wife who were born before the start of their life together.

Interestingly, even in the case of a formal marriage, if the husband did not adopt the child, the woman will be considered a single mother.

When can an employer do this on his own initiative?

Termination of a contract with a single mother without her consent is permissible only in strictly specified cases. On his own initiative, the employer can fire a woman on the basis of:

• liquidation of the organization;
• the end of the contract period;
• the occurrence of circumstances beyond the control of the parties (for example, due to the health of an employee);
• guilty actions of the employee.

The admissibility of dismissal also depends on the age of the child and surrounding circumstances.

From the video you will find out whether a single mother can be laid off:

Is it possible during maternity leave?

It is possible to terminate the employment relationship with a single mother who is on maternity leave upon liquidation of the organization or based on the expiration of the contract term. In the first case, the woman is notified 2 months in advance, in the second - 3 days in advance.

Dismissal due to enterprise reorganization or staff reduction is unacceptable in this case.

With a child under 14 years old

It is not allowed to terminate a contract with a single woman raising a child under 14 years of age:

• on staff reduction;
• during the reorganization of the company;
• for lack of qualifications;
• making the wrong decision.

In other cases, dismissal is permissible, for example:

• for violation of labor discipline;
• immoral acts;
• upon termination of the contract;
• liquidation of the organization;
• failure to fulfill professional duties and so on.

All grounds must be documented, and the employee is notified within the time limits specified by law.

With a child from 14 to 18 years old

The restriction on terminating a contract with a single mother applies to a child under 18 years of age only if he has been assigned a disability. In other cases, upon reaching the age of 14, a woman can be fired on a general basis.

If a child is recognized as disabled, the woman cannot be fired until she turns 18:

• on staff reduction;
• during the reorganization of the company;
• for lack of qualifications;
• making the wrong decision.

For other reasons, termination of the contract is permissible (for violation of discipline, upon expiration of the contract, liquidation of the enterprise, and so on).

How is the procedure done?

The procedure algorithm depends on the basis for termination of the employment relationship and consists of successive stages:

1. Appearance and registration of the reason for dismissal, notification of the second party.
2. Issuance of the corresponding order.
3. Entering information into the employee’s personal card and work book.
4. Issuance of working documentation and calculation of payments.

Required documents

The package of documents to be completed depends on the grounds for dismissal and includes:

• resignation letter - upon termination of the contract at the request of a single mother;
• agreement - upon dismissal by agreement of the parties;
• acts of violation of discipline, reports, explanatory notes;
• notifying the employee about the liquidation of the organization and the expiration of the contract;
• medical report;
• written refusal to transfer to other positions with easier working conditions;
• other documentation confirming the reason for termination of the contract;
• dismissal order indicating the grounds.

Deadlines

The term for terminating a contract with a single mother depends on the reason that led to it:

1. When liquidating an organization, the employer informs the employee 2 months in advance.
2. When the contract expires, the woman is notified 3 days in advance.
3. By agreement of the parties, the date of departure is established in the agreement.
4. At the request of the employee, the period of dismissal is determined with or without working hours (by agreement with the employer or if there are compelling reasons).
5. Due to a disciplinary offense - the date of dismissal is set at the discretion of the employer or based on the surrounding circumstances.

Do I need to work for two weeks when leaving at my own request?

When a single mother resigns at her request, she must notify the employer about this within the period established by law. Mostly, the period of information (working out) is 2 weeks, but can be increased or shortened (1 month - for management, trainers, 3 days - when working under a fixed-term contract, seasonal employment).

There are no special conditions for a single mother. That is, when leaving the enterprise, she must work for the approved period.

However, Art. 80 of the Labor Code of the Russian Federation allows dismissal without service if circumstances arise that make professional activity impossible (when moving, retiring, developing an illness, and so on). The reasons for leaving without observing the information period must be documented .

It is possible to avoid working time by personal agreement with the employer.

Also, sick leave and vacation days are counted during the working period.

Guarantees and compensation

Payments to a single mother are made on the final working day. Special compensations are not awarded in this case. Payouts include:

• actual earnings;
• compensation for days off;
• bonuses, additional payments, incentives provided for by local acts of the enterprise.

If the employment relationship is terminated due to the liquidation of the organization, a single mother is awarded severance pay in the amount of the average monthly salary, and the payment is retained for up to 2 months after the day of dismissal.

Additional payments may also be stipulated in the agreement if the woman leaves by agreement of the parties.

Example of an entry in a work book

A note on the termination of the labor activity of a single mother at an enterprise is drawn up in accordance with the general rules (Instructions for filling out work books, approved by Resolution of the Ministry of Labor of the Russian Federation No. 69 of October 10, 2003).

The notice of dismissal must contain a link to the article of the Labor Code that became the basis for dismissal

How to correctly formalize dismissal for dishonest performance of one’s duties

If an employee does not fulfill the duties stipulated by the labor regulations and has already received a reprimand for poor work, she faces dismissal under the article. The law does not provide any benefits in this case, even if the offender is a single mother.

If an employee leaves work on his own initiative, then the employer must correctly pay the settlement pay upon dismissal of his own free will.

Dismissal of a single mother for labor misconduct includes a number of mandatory steps that the employer takes. This procedure is provided for by law. The employer must:

1. Record the fact of a disciplinary offense. A penalty can be imposed within 4 weeks from the date of its discovery and no later than six months from the date of its occurrence.
2. Demand a written explanation from the employee. She must give it within 2 days. If an explanation is not received after the required period, a report is drawn up and a disciplinary sanction is still imposed on the violator.
3. Establish the reason for the offense (it can be valid, then the punishment is cancelled).
4. If an employee has an outstanding penalty for a previous violation, a dismissal order can be prepared. If the previous reprimand has been extinguished, the single mother’s dismissal is not permitted.
5. If the violator is pregnant, or is the mother of a child under 3 years old, the law prohibits dismissing such an employee.
6. After the dismissal order is issued, the employee familiarizes herself with it against signature. The dismissed employee receives wages for hours worked and compensation for unused vacation, if necessary.

In the work book, the employer leaves a note about the reason for dismissal from the position, indicating the article number of the Labor Code of the Russian Federation.

The table presents valid reasons for terminating an employment contract with a single mother