Reduction of pregnant women
Is it possible to fire a pregnant woman due to staff reduction? In general, it is impossible to lay off a pregnant employee .
Such an action contradicts Article 261 of the Labor Code, in which the first paragraph clearly states the prohibition of dismissing a pregnant woman at the initiative of the employer.
The only case when the law allows the layoff of a pregnant woman is the liquidation of a company and its deletion from the register of legal entities .
Also, under no circumstances should you put pressure on an employee to resign from her position on her own. The law very strictly protects the rights of pregnant workers, not only in terms of dismissal.
If pressure was exerted on a pregnant woman in order to force her to resign, such a case is already regulated by the Criminal Code. Article 145 of the Criminal Code of the Russian Federation provides for punishment for such managers in the form of a fine equal to 18 months’ salary, or 360 hours of correctional labor.
If a legal entity is liquidated and deleted from the state register, and there are no successors to this organization, then the pregnant woman is dismissed on a general basis. This applies to branches and divisions of large corporations.
But you cannot fire a pregnant employee by manipulating the legal structure of the company . In the event of mergers and acquisitions, the employee is required to retain her work position; reduction of the position of a pregnant woman is unacceptable.
When the term of the employment contract expires, the employer also does not have the right to dismiss the employee at his own request, even if he no longer needs her services.
A woman can write a statement demanding that she be given another job or keep her old one; the employer, according to the second part of Article 261 of the Labor Code of the Russian Federation, is obliged to do this.
This also applies to cases where a pregnant woman is still on probation. According to Article 70 of the Labor Code of the Russian Federation, a probationary period is, in principle, not provided for pregnant women.
This means that when a woman becomes pregnant, she is automatically included in the staff, has the right to work part-time, and cannot be fired for almost a year. In addition, she cannot be forced to work overtime.
IMPORTANT . There is another rare case when a pregnant woman can still be fired. If she was hired to replace another employee, and he suddenly returned, then the employer is obliged to provide the woman with a list of positions to choose from that are similar to her in terms of qualifications and health requirements.
If she doesn't like any of them, we can assume that she no longer works in your organization.
Upon liquidation of staff or reduction in number
The staff reduction procedure begins with the preparation of an order, which lists the names of employees with their positions, whose employment contracts will be terminated. It is also the responsibility of the HR department to notify employees in a timely manner - no later than 2 months before the planned reduction.
Many people are concerned about the main question: is it possible to fire an expectant mother due to staff reduction?
In accordance with Art. 261 of the Labor Code of the Russian Federation and Letter of the Federal Service for Labor and Employment dated April 2, 2010 No. 902-6-1, if the employer is provided with a certificate confirming that the woman is pregnant, she cannot be fired if the workforce is reduced.
In this case, a written notification to a pregnant employee who has been laid off will not have legal force , and the employer will have to mark the reduction in the specific position she occupies or find another one that suits her qualifications.
For more details on the specifics of dismissing a pregnant woman during liquidation of an organization before maternity leave, as well as the nuances of the calculation procedure, read our material.
What should an employee do in the early stages of pregnancy?
If she is absolutely sure that she is in the early stages of pregnancy, and these are not symptoms of something else, then she should present a certificate of this to her management .
From the very moment the certificate is received, despite any external conditions, layoffs during pregnancy at work are impossible.
The Labor Code does not make exceptions for different stages of pregnancy; Article 261 guarantees state protection from dismissal to all pregnant women without exception .
Even if the decision to reduce staff was made several months before the woman found out about her pregnancy, if she receives notice and she has proof of her position, the reduction in her position will be canceled.
The important legal point is that pregnant women receive protection from layoffs on the very day they become pregnant.
And if medical tests show that this happened before receiving the notification, the employee should first contact management directly , armed with Article 261 of the Labor Code of the Russian Federation, and then, if the first does not help, go to court with a demand to leave her position.
REFERENCE . It must be remembered that they do not have the right to fire her even for theft of property of the company in which she works or chronic absenteeism. Any disciplinary violations cannot be considered a reason for dismissal.
In what cases can a pregnant woman be fired?
To fire a pregnant woman, one of the following conditions must be met:
- liquidation of the enterprise>
- termination of the activities of an individual entrepreneur.
The employee must be notified of the upcoming dismissal at least two months in advance. The time from the moment a pregnant woman is fired until the child turns three years old is included in continuous service. Upon termination of the employment contract and for the next two months, she will be paid the average monthly salary.
Social protection authorities provide such mothers with monthly compensation payments. Their size is similar to that established for non-working women who are on maternity leave or parental leave.
What should an employer do if an employee brings a certificate?
If the certificate is genuine, then any path to her legal dismissal as a pregnant woman due to staff reduction at your request is cut off.
From this moment on, she is in a special position, and criminal punishment is provided for attempting psychological pressure . But you can always reach an agreement with your subordinates, especially if you have a good relationship with them.
It is unlikely that a woman will agree to quit, but you can legally offer her to transfer to another position in your organization, or to another structural unit, if we are talking about a large corporation, and then she will no longer be your headache.
As mentioned earlier, the law provides for a loophole in the form of legal liquidation of the enterprise and its exclusion from the state register.
This step is not suitable for reputable organizations, but companies with a bad reputation often take advantage of this by formally liquidating their company, registering a similar one and recruiting the same employees in a few weeks.
If you know the legal side of the issue well, the cost of re-establishing a company will be cheaper than maintaining a worker in a situation. This method is good because it will be impossible to prove in court the relationship between the liquidated and newly created company.
Direct psychological pressure on an employee in court is easy to identify . Therefore, managers use a different method if they want to get rid of it. To do this, they begin to record any possible disciplinary violation.
Pregnancy involves a lot of visits to doctors, which means absenteeism and tardiness are inevitable. Constantly recording small violations will give rise to a reason to write a remark in the work book, reduce the salary and deprive the employee of a bonus.
This is actually a legal way to pressure your employee into layoffs during pregnancy. It will be difficult to prove the fact of pressure in court, so women prefer not to go to court, but to write a statement of their own free will.
REFERENCE . But even despite all the recorded disciplinary violations, they have no right to fire her. Article 261 of the Labor Code provides a complete guarantee against dismissal, although it allows for other types of penalties.
Got pregnant after receiving redundancy notice
01/23/2021 This way you are more likely to find a job you like.
Important But forced downtime can be used profitably.
Therefore, think about whether you need to get another job immediately after leaving.
For example, you can increase your value in the labor market as a specialist. You can go to business training, advanced training courses, and improve your knowledge of a foreign language. After upgrading your qualifications, you will be able to apply for a higher position with a higher salary. This is a definite plus. Downtime can also be used for rest, to get yourself in order if you are too tired from your previous job. Regulatory framework According to the Labor Code of the Russian Federation, termination of an employment contract with a pregnant woman at the request of the employer is impossible, unless the company is at the stage of liquidation.
In the case of private entrepreneurs, the situation is similar: a woman can be fired only when the individual entrepreneur ceases to operate.
Elimination of positions
In a situation where the company’s management does not get rid of the number of employees, but permanently eliminates the positions they occupy, the position of a pregnant employee does not play into the company’s hands.
According to the law, there is no difference between the grounds on which a pregnant woman is fired .
If the initiative comes from the management of the company with a documented fact of pregnancy, this is in any case illegal, and such an act is subject to criminal liability.
The best action for the boss would be to offer the employee a request to transfer to another position. By law, the company is obliged to provide her with a place that will be no worse than the previous one.
But you can reach an agreement and, without formally dismissing the employee, significantly reduce the costs of her maintenance . If this fails, you will have to leave the position exclusively for this employee until her pregnancy expires. After this, the position can be safely eliminated.
REFERENCE . You should not think that every employee who has been fired by her employer knows her rights and will definitely go to court. Legal illiteracy opens up a wide field of opportunities for leaders who are not burdened with morality.
If after a reduction you find out about pregnancy
» You may not even be pregnant at the time of notification. You are notified of the layoff, and from that moment the notice period for the layoff begins to run.
The key will be that you are pregnant at the time of dismissal (last day of work) and notify the employer that it is impossible to dismiss you due to redundancy due to your pregnancy.
No, absolutely, I will say more, there is court practice that reinstated a woman at work who was pregnant at the time of her dismissal, but did not even know about it yet. department makes a speech that has already been rehearsed, assuring that she will fight for me, that for now she is thinking of leaving me part-time... It’s as if they are dousing me with boiling water and ice water alternately.
They didn't keep me part-time. But they organized a farewell in the department, timed to coincide with a general party in the organization (it was before the New Year). We had fun, gave each other gifts, danced.
Punishment for the manager
So we figured out how layoffs at work and pregnancy are connected. Is there any punishment in case of illegal behavior of the employer?
To find out what kind of punishment awaits management who decides on illegal dismissal, you should refer to Article 145 of the Criminal Code of the Russian Federation , which regulates not only unlawful refusals to hire, but also illegal dismissals.
According to this article, a manager who decides to take an illegal action can be punished either with a fine or correctional labor .
The fine can be up to 200 thousand rubles, or it can be replaced with an amount equal to 18 monthly salaries.
Correctional work for a manager can be for a period of up to 360 hours.
Retrenchment and pregnancy are unacceptable. Dismissing a pregnant woman is a step that is not only beyond morality, but also beyond the law .
It is worth thinking several times before putting pressure on an employee, demanding that she leave the company. The law strictly protects the rights of expectant mothers, and you should not risk your reputation, as well as the fate of the company, for the sake of momentary gain.
Pregnancy after receiving notice of layoff
Good afternoon
On September 28, 2018, I received a notice from my employer that a staff position was being reduced as of December 1, 2018. The employment contract is unlimited. I have a full family, no children, i.e.
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is in no way protected by law at the moment from reduction.
At the time of receiving the notification, I am not pregnant. Question: can the employer terminate the contract with me if I become pregnant during the period after receiving the notification, i.e. in the period from 10/01/2018 to 11/30/2018. I am currently on vacation. Does vacation affect any nuances in this matter?
September 29, 2021, 06:22, question No. 2119408 Irina,
Norilsk 600 cost of the issueissue resolved Collapse Online legal consultation Response on the website within 15 minutes Answers from lawyers (5) 33% fee received 2917 answers 1004 reviews Chat Free assessment of your situation Lawyer,
Cheboksary Free assessment of your situation Hello, Irina.
Got pregnant after receiving redundancy notice
The exception is cases of liquidation of an organization or termination of activities by an individual entrepreneur. Termination of contracts with employees of a branch, representative office or other separate structural unit of an organization located in another locality, in the event of termination of their activities, is carried out according to the rules provided for during the liquidation of the organization (Part.
I know CT 261 that it is impossible to fire a pregnant woman, but as I understand it, if she becomes pregnant BEFORE signing the notice. Please consult! Please provide information by email.
4 tbsp. 81 Labor Code of the Russian Federation). In such a situation, termination of an employment contract with a pregnant woman of the specified structural unit is carried out in a similar manner, unless otherwise provided by the collective agreement, agreement, or employment contract. This follows from paragraph. Important If the employee does not agree with the innovations, the manager is obliged to offer another vacancy.
Pregnancy after notice of layoff It is very unprofitable for the employer to pay them, so he uses various tricks to deceive you.
I quit and found out I was pregnant
This norm is imperative (categorical) in nature, therefore, the dismissal of a woman who was pregnant during the period of the employment contract due to a reduction in the number or staff of the organization’s employees is also illegal in the case where the fact of pregnancy became known to the employer after the termination of the employment relationship.
“She came and said that she had written a letter of resignation. Herself. She stated that she was tired of it. She mentioned pregnancy, but did not provide a certificate. At that time, she herself was not sure whether she was pregnant or not,” registrar Olga told the First Regional website.
Everything about premature birth
Premature birth scares many expectant mothers. Many authors have different opinions regarding the definition of this concept.
If we take the average of foreign and Russian experience, then births that occur after the 20th week of pregnancy, but before the 37th, are considered premature.
It is known that some women have an increased risk of this situation. Let's look in detail at what factors can provoke it.
Legal consultation - Pregnancy during staff reduction
› In today’s complex and unstable world, everyone is afraid of salary cuts, unemployment, and layoffs. Many employers, in an effort to make their organization more efficient, are reducing staff numbers, reorganizing the enterprise, and so on, which can affect any of the employees. This situation is especially worrying for expectant mothers.
It is important for them to know whether it is possible to dismiss a pregnant woman due to staff reduction, what rights and guarantees are provided, and how to protect themselves in the event of arbitrariness on the part of the employer.
Dismissal of a pregnant woman due to staff reduction is possible only during the liquidation of the enterprise. And this is true.
If a pregnant woman works under an employment contract with an indefinite term, then she belongs to one of the categories of citizens most protected from almost any dismissal. According to Article 261 of the Labor Code, termination of a contract with a pregnant woman initiated by the employer is unacceptable.
How to get through layoffs without losses
Today, Ukrainians are hit by a wave of layoffs.
At the same time, often due to legal illiteracy, people do not receive “their hard-earned money” upon dismissal.
Unfortunately, in a situation where an employer violates the rights of his subordinates during layoffs, it can be very difficult for the latter to prove anything - even in court. But if you are savvy in this matter before the layoff, then it is quite possible that you will be able to find a common language with the HR department and you will be able to part ways on good terms.
What to do if you are laid off
The main task of a person who does not want to be fired in difficult times is to prove to the employer that it is he who brings the greatest benefit to the organization.
But sometimes companies curtail entire areas that turn out to be unprofitable during a crisis, or reduce staff numbers. In this case, employees often do not have the opportunity to influence the employer’s decision. But those who know labor law well find themselves in a more advantageous situation and sometimes can even defend their place or get another position in the same company.
We suggest you read: Transfer when an employee is laid off
Pregnancy after signing a notice of layoff
Good afternoon
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please advise regarding the following question. I will be very grateful. I know that staff reductions in my department will occur around October.
The last working day of the department employees is planned for March-April. I worked at this place of work for 3 years, and I don’t want to change now. My husband and I really want to have children now. And pregnancy can occur after reading the notification.
At the time of signing the notice, it is possible that I will not be pregnant. And the question is, if I get pregnant in December (that is, before the last day, but after signing the notice in October), can I be laid off, since I have already signed it?
