Can a mother of many children be laid off from work? Reasons and rules for possible reduction

Back

Published: 07/20/2018

Reading time: 5 min

0

296

Retrenchment of a mother of many children from work is possible, but subject to a number of conditions that are prescribed in federal legislation. The dismissal of a woman raising three or more children refers to the termination of employment relations with a separate category of employees.

• Reasons for laying off a mother with many children from work
• How does a mother of many children get laid off from work?

This issue is regulated by the Labor Code of the Russian Federation (in particular, articles 77, 81, 180).

Under what conditions is a mother considered to have many children?

Employers themselves are rarely interested in assigning jobs to women who already have several children. Therefore, the legislator took care of additional rights and guarantees for citizens who can be classified in this category.

A woman receives the title if she meets certain conditions:

1. There are three or more children.
2. All of them have not reached the age of majority.
3. Not only those born to a specific woman are considered, but also those officially accepted into the family with the corresponding rights.

The status of a mother of many children must be officially confirmed. To do this, you need to contact the social security authorities at the place of current registration. All certificates for children are presented to this body. After checking the presented documents, a certificate confirming the status is issued.

The age of the children is also taken into account. Talking about children:

• Up to 23 years of age if they are studying at a university.
• Up to 18 years of age when studying in special institutions.
• Under the age of 16.

During work and upon dismissal, it is the certificate that helps to obtain various benefits and privileges compared to ordinary citizens. The document is shown to representatives of the HR department. If the certificate is missing, then you will need copies of birth certificates for each of the children. A photocopy of the pages of the passport where the children are described is required.

Reference! Representatives of both sexes can now obtain the status of having many children. Fathers also have certain privileges, especially if their earnings are the main source of income.

Single mother concept

The Labor Code of the Russian Federation does not define the concept of “single mother”. In paragraph 28 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated January 28, 2014 No. 1, it is explained that a single mother is when she is the only person responsible for maintaining and raising the child. The court provides an approximate list of circumstances that testify in favor of this status.

These include situations where the child's father:

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

• died;
• deprived or limited in parental rights;
• unknown missing;
• incapacitated or partially capable;
• is serving a sentence of imprisonment;
• evades parental responsibilities, etc.

Each of the circumstances must be documented (death certificate, court decision, certificate of disability, etc.).

Evasion of parental responsibilities is not always easy to confirm. Thus, divorce and separation of parents do not mean that the mother is single (appeal ruling of the Stavropol Regional Court dated July 27, 2016 in case No. 33-5377/2016). If there is arrears in paying alimony and all measures have been taken to collect it, then the court can recognize the mother as single (appeal ruling of the Supreme Court of the Republic of Crimea dated April 27, 2016 No. 33-2829/2016).

This list is indicative, and the court has the right to recognize the status of a single mother in other cases, for example, if there is a dash in the “Father” column on the birth certificate or information about him is entered from the words of the mother (Review of the Supreme Court of the Russian Federation for the first quarter of 2010, approved on June 16 .2010).

Can they be fired from work - what the law says

The first Presidential Order on the status of mothers with many children was issued back in 1992, designated number 431. But in some regions it was established that the status of mothers with many children is obtained only if there are five or more minor dependents in the family.

A family will not be considered large if the parents divorced, some of the children remained to live with their father, and some with their mother. Therefore, the concept itself has some differences depending on where citizens currently live.

The legislation does not introduce any strict restrictions specifically for the dismissal of those who have received the status of large families. Therefore, the procedure takes place under almost standard conditions.

Exceptions are made for situations where it is proven that the mother or father is the only breadwinner in the family. Then it is impossible to terminate the fixed-term contract until the youngest in the family turns three years old.

A mother of many children cannot be fired even if certain other conditions are met:

1. The mother was not recognized as single, but the second parent is also not involved in supporting the family.
2. Raising a healthy child without a father until the age of 14, supporting a disabled child.
3. When raising a child under three years old.

Responsibility for illegal reduction

The injured person has the right to defend his rights by filing a complaint with the relevant authorities. Such organizations include the labor inspectorate, the court and the prosecutor's office.

Based on the court decision, the employee will be reinstated in her position , and will also be compensated for the damage caused by financial payment.

An irresponsible employer will be given an administrative penalty in the form of a fine:

1. For individual entrepreneurs in the amount of 1000-5000 rubles or suspension of activities for three months.
2. For persons on performance – from 1000-5000 rubles.
3. For legal entities, the fine will range from 30,000-50,000 rubles or suspension of activities for three months.

In other publications, our experts consider the procedure for dismissing a mother of many children at her own request, and also talk about the nuances of dismissing a father of many children, both at his request and at the initiative of the employer.

At your own request

Dismissal at will is carried out in the same manner as for employees of other categories. Standard requirements are established by Article 80 of the Labor Code. It is assumed that the actions are performed in this order:

• First you need to notify the employer of your desire. For this purpose, a statement is drawn up at least two weeks before the event mentioned above.
• From the moment the manager learned about the upcoming event, the countdown begins.
• Dismissal may occur earlier than the specified period if the parties manage to reach an agreement.
• The basis for termination of the employment relationship is an order issued by the employer. The employee must put her signature on it. The date of the order and the date of dismissal must coincide with each other.

Let’s assume that a citizen leaves her workplace without additional work. But to do this, the application and additional documents must indicate exactly why this is necessary. But by agreement with the other party, dismissal is permissible on any convenient day.

On the last day, they not only issue the book, but also carry out all the calculations:

1. Issue bonuses and payments in accordance with the conditions from internal documents.
2. Unused vacations are compensated.
3. The last salary is paid.

Paperwork

The order is drawn up on form T-8. The document is published in a standard manner. The order must contain the following information:

1. Personal data of the person being made redundant (full name of the employee, position held, department).
2. Full name of the organization.
3. Date of expected departure for reduction.
4. The reason why a person quits is downsizing.
5. Article of the law.
6. Number of the administrative document on the basis of which the reduction occurs.
7. List of authorized persons indicating full name and signature.
8. Date of.
9. Employee's signature.

The work book is issued to a mother with many children on the last day . Before issuance, a record is made that the person is fired. The mark must contain the number and date of the dismissal order, the article of law and the reason for dismissal.

After receiving the book, the worker puts a personal signature in the book register. Then, HR department employees must record the dismissal data in the personal card of each laid-off person. At the same time, the date of dismissal, the numbers of all administrative documents and the reason for leaving are recorded (we talked about what the reasons for dismissal of a mother of many children may be here).

Is it possible to dismiss at the initiative of the employer if the employee is at fault?

An employer may have the following reasons for initiating the dismissal procedure for a mother of many children:

• Violation of established safety regulations, which resulted in the death of one of the personnel or serious damage to health.
• Actions of an immoral nature, especially if the work is related to raising and teaching children.
• Loss of trust from the employer. This often happens when it comes to financially responsible employees.
• Using fictitious documents when applying for a job.
• Theft of company funds, intentional damage to property.
• Disclosure of commercial or state secrets.
• Appearing at the workplace under the influence of alcohol or drugs.
• Constant violation of labor discipline when the reasons are not explained.
• Repeated disciplinary offenses, in the presence of which continued evasion of one’s duties.

A mother of many children may be fired if she was entered into a fixed-term contract, the duration of which has come to an end. Or when the citizen herself refuses to change her living conditions, although this is required in connection with changes at the employer. The same applies to a written refusal of a new position. For example, if your health does not allow you to agree.

Important! Dismissal during a probationary period will also require valid reasons. If the reason is a discrepancy with the position, a special commission is assembled to officially confirm this. Written remarks or reprimands record information regarding violations of labor discipline.

Are payments and compensations available?

When a mother of many children resigns at her own request, she is entitled to the following payments:

• Wages for actual days worked. The calculation starts from the beginning of the calendar day until the date of dismissal of the employee;
• Compensation payments for leave that a woman raising more than three minor children did not use;
• Severance pay. The indicated payment is provided to a mother with many children if such a provision is specified in the collective or labor agreement.

It should be noted that the head of the enterprise has the right to pay benefits at his own discretion, even if such a clause is not specified in the work agreement.

Do they have the right to reduce staff?

It often happens that a company is undergoing a reorganization, so some employees need to be fired. In such situations, it is possible that families with many children will also fall under the layoff procedure. But according to Article 179 of the Labor Code of the Russian Federation, such citizens retain a certain preferential right. The main thing is to have all the documents confirming your status on hand.

With such a reduction, employers are required to follow a certain procedure:

1. A commission is being created to determine who exactly should be laid off.
2. Two months before the planned event, everyone is informed about the reduction. In accordance with qualifications, education, and work experience, the employee is offered available vacancies.
3. The citizen can issue a written refusal in this case. She should be offered other jobs until she accepts.
4. If none of the offers suits you, then it is permissible to offer a position with a lower salary. Everything is documented in writing, as is the refusal itself, which requires a signature.
5. If none of the vacancies are approved, then a decision is made to dismiss.

The payment requirements remain the same as in other cases. It is important to do everything in order to avoid claims later. Otherwise, there is a high probability of reinstatement and payment of additional compensation.

Dismissal of a mother of many children: legislative nuances

Often employers terminate employment relationships with mothers of large families due to enterprise reorganization or staff reduction, which is a gross violation of the law. So, according to Art. 179 of the Labor Code of the Russian Federation, this category of citizens has a preferential right to continue working if laid off, subject to equal labor productivity and qualifications.

If a company reorganization is planned, and the employee was offered to move to a lower position due to the lack of other options, but she refused the offer, then written confirmation must be obtained from her, otherwise the dismissal will be considered illegal.

It is important for all employers and mothers of many children to know their rights when terminating an employment contract, because in all cases the legislation provides for a number of restrictions and rules that prohibit the unjustified dismissal of any employee and grant certain rights to preferential categories of citizens.

At the initiative of the employer without good reason

The presence of compelling reasons for resolving this issue is always a mandatory requirement. The manager must prove that all the circumstances were present for the decision he made. Otherwise, the procedure will be considered illegal, and there is a high probability that claims and additional demands will arise.

Courts often side with citizens in such proceedings. And this means you can’t do it without spending money.

General provisions

As such, there are no rules restricting an employer in the event of the need to fire a mother of many children. An exception would be the situation when the dismissed employee is the only breadwinner in the family, provided that there are three or more children in the family. The manager is unlikely to be allowed to terminate the employment contract until the youngest child turns three years old.

Before discussing whether it is possible to dismiss a mother of many children from her job, it is necessary to consider in detail all the legally regulated grounds and reasons for layoffs at the initiative of the employer.
The list of provisions under which management can dismiss an employee is contained in Article 81 of the Labor Code of the Russian Federation. Among the most common reasons are the following:

• termination of the enterprise's activities or its complete liquidation;
• general reduction in the number of employees;
• due to lack of qualifications, the employee cannot perform his duties (with mandatory confirmation by a decision of the certification commission);
• change of owner of the enterprise;
• regular failure by an employee to fulfill assigned duties without good reason. Such an employee can be dismissed if he has penalties for such misconduct.

The reason for dismissal is gross violations of labor regulations, which include:

• systematic absence from your workplace for more than four hours;
• dissemination of information related to commercial or state secrets;
• the employee committed robbery or theft, and there is a court decision or an administrative violation resolution in this case;
• absolute disregard for labor protection and safety rules, which led to serious consequences for one of the employees or damage to the property of the enterprise.

Labor legislation on dismissal

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

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

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

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

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

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

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

Staff reduction

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

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

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

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

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

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

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

Law on fathers of many children

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

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

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

On personal initiative

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

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

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

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

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

The need for development

At least 2 weeks must pass from the moment of filing the application for dismissal by agreement of the parties or on one’s own initiative until the receipt of the order. All employees without exception must work. Parents with many children can try to speed up the process using legal methods:

• Agree with management. If the request is approved, the application shall indicate the agreed date of dismissal.
• Submit documents confirming the start of your studies. Applicants have the right not to work the 2-week period.
• The employee has reached retirement age. Pensioners just need to write an application.
• Transfer of a spouse to another region. Management will require the presentation of documents confirming the need for relocation.
• Dismissal due to deterioration of the health of the employee or a member of his family. The moment is confirmed by medical certificates.
• Moving for personal reasons. The employee will have to justify the request with documents or negotiate with the employer.

When dismissal is initiated by the employer, the 2-week period may not be allocated. It all depends on the reason for terminating the employment contract.

General list of grounds for dismissal of employees

Issues related to the work process are regulated by the Labor Code. When dismissing an employee, employers rely on the norms given in Article 81. The list of grounds for terminating an employment contract is quite extensive, so it is worth highlighting several main reasons:

• The process of liquidation of the enterprise began.
• The individual entrepreneur decided to cease operations.
• The owner of the company has changed.
• The employee does not meet the requirements of the position. The moment is confirmed by the result of certification.
• Management decided to reduce the number of workers due to reorganization.
• Unreasonable failure to fulfill obligations stipulated in the employment contract. Cases where the employee has already been reprimanded by his immediate supervisor are taken into account.
• The employee behaves inappropriately: Misses work or is absent for 3-4 hours or more.
• Transfers confidential company information to interested parties.
• Comes to work under the influence of drugs or alcohol.
• The fact of theft of the institution's property was confirmed. Upon violation, an appropriate sentence must be passed.
• Does not comply with labor safety standards.

During the probationary period, any slightest violation may be grounds for termination of the employment contract. “Indulgences” are allowed for parents with many children.

Retroactive dismissal

It is theoretically possible to terminate an employment contract retroactively. If an employee misses work, then dismissal occurs on the day of the last exit. The moment is regulated by the Labor Code. In other situations, it is not recommended to indicate a different date in the order. You need to guess so that the number does not coincide with the employee being on sick leave or on vacation. It is equally important to agree on a decision with the employee in order to avoid disagreements in the future. If authorized persons identify a violation, the manager will be held accountable by law:

• Fine to the employer or third party responsible for entering an incorrect date - 5 thousand rubles.
• Imposition of penalties on the enterprise - 30 thousand rubles.

Despite the agreements reached, the employer will be held accountable to the law if the employee goes to court. The legal authority actually always supports employees in such matters.

Parents with many children may be fired from work due to dishonest performance of duties and violation of labor discipline. When staffing is reduced, the situation changes slightly. Employees are given a preferential right to remain employed. If the position is eliminated, the employer will be required to offer other vacancies. In case of refusal, dismissal with the provision of benefits is permissible.

What to do if an employer illegally fired a mother of many children

Violation of the law by an employer when dismissing a mother with many children entails her reinstatement, monetary payments and penalties. To challenge illegal actions, a woman has the right to contact the competent authorities: the labor inspectorate or the prosecutor's office. Based on the results of the inspection, a decision will be made to restore the rights of the dismissed person or to refuse the stated demands.

In the second case, a mother with many children will be forced to independently file a claim in the district court. If the court decision is positive, the employer will be held administratively liable. He will be required to pay a fine to the state, all labor payments to the mother of many children, as well as compensate her for legal expenses and material damage.

The state is the guarantor of the protection of the rights and interests of socially unprotected categories, which include mothers with many children. Legal provision of decent working conditions and job retention for such women requires strict compliance by the employer with the established procedure for concluding and terminating employment contracts with them.

Sep 10, 2019adminlawsexp

voice

Article rating

Possibility of appeal

Even taking into account the fact that the law provides for the possibility of dismissing mothers of many children for reasons not related to layoffs, practice shows a large number of cases when the termination of an employment agreement occurs with violations, but not on the part of the employee, but by the employer. On this score, the legislator established the possibility of appealing such decisions, leading to reinstatement at work and compensation for material costs.

An appeal can be made in the form of either a complaint or a statement of claim. To submit, you must select one of the possible authorized bodies:

1. Labor Inspectorate. This body checks the work of a specific organization within the next month after receiving a complaint. As a result of such events, management may incur administrative liability, leading to penalties.
2. Commission that resolves labor disputes. This option is effective when major violations are detected in large organizations with a complex structure.
3. Prosecutor's office. It is enough to select the district authority according to the location of the enterprise. The main goal of the prosecutor’s office is to restore violated rights, therefore such a government body facilitates this process in every possible way, often punishing employers. Appeals to this structure are common because it has more means to protect the interests of employees.
4. Court. Submitting a statement of claim is possible only after passing labor inspections and commissions. This authority is the last. The judge, by his decision, can reinstate a mother of many children at work and force the management of the organization to compensate for material damage caused to the woman due to dismissal.

In the case of illegal reduction, a mother with several children independently determines the appropriate one from the proposed methods - there are no restrictions for this. The main thing is to follow the procedure, since without a decision of the labor commission, the claim in court will not be accepted.

[Total votes: 0 Average: 0/5]

Abbreviation Basics

An employer can dismiss employees on its own initiative during a staff reduction.

Staff reductions occur for a number of reasons, including:

Reduction of employees

• Liquidation of the enterprise
• The need to reduce the number of staff has been proven
• Lack of required qualifications for the employee
• The owner of the company has changed
• Dereliction of duty
• Gross violation committed by an employee, including absenteeism

In the case of a mother or father with many children, a reduction in the number or a change of owner does not affect the continuation of work of this person, that is, in these cases, the boss cannot fire the employee at his own request. In addition, when reducing this category of workers, it is necessary to check whether they meet all the requirements or not.

Staff reduction (reduction in the number of workers) is usually carried out in order to save money or when liquidating an organization. It is worth considering that:

• The staff is a whole collection of positions. That is why, when staffing is reduced, a certain position and the employee who occupies it are removed. The main feature is that the number of employees may remain the same, since often a laid-off employee is offered a job in a new position.
• The number of employees is the number of employees who work directly in the organization. That is why with this type of dismissal the number of employees is reduced.

When selecting employees who will be subject to layoffs, the employer must be guided not only by the efficiency of the work, but also by the privileges given by law.