Dismissal due to reduction from maternity leave
It is permissible to dismiss a woman due to the expiration of an employment contract during her pregnancy, if the employment contract was concluded for the duration of the duties of an absent employee and it is impossible, with the written consent of the woman, to transfer her to another job available to the employer before the end of her pregnancy (as a vacant position or a job corresponding to the woman’s qualifications, and a vacant lower position or lower paid job) that a woman can perform taking into account her state of health. In this case, the employer is obliged to offer her all the vacancies that he has in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.
Reduction after parental leave: features of calculating severance pay
Question from Klerk.Ru reader Natalya Filippova (Nizhny Novgorod)
At the end of my maternity leave for up to 3 years, my position is being reduced. How is average earnings calculated for payment of redundancy benefits and compensation for unused vacation? Date of dismissal: 05/25/2011 From 03/12/2008 to 05/24/2011 I was on sick leave for pregnancy and childbirth and on parental leave; I had no income other than payment for the monthly salary and benefits for up to 1.5 years. From 01.03.2007 until February 28, 2008, she worked under an open-ended employment contract and received a salary.
According to Part 1 of Art. 178 of the Labor Code of the Russian Federation, upon termination of an employment contract due to the liquidation of an organization or a reduction in the number or staff of the organization’s employees, the dismissed employee is paid severance pay in the amount of average monthly earnings.
