Peculiarities of dismissal of a woman with a child under 3 and 14 years old: we will consider all situations

Benefits for certain categories of women with children

The Labor Code of the Russian Federation has fixed a number of benefits for working mothers:

1. In accordance with Article 259 of the Code, it is prohibited to involve a working mother of a child under 3 years old in overtime work, night work and on weekends, or send a working mother on a business trip. The bosses can only ask a young mother for extra work, subject to familiarization with the possibility of refusal without consequences. If a woman agrees to work extra hours, she must write written confirmation. If the issue is resolved with a single mother, then the benefit is valid until the child is 5 years old. Moreover, there is a restriction on the direction of work on a rotational basis for such mothers (Article 298).
2. A flexible schedule for an employee with small children is guaranteed by Art. 93. A woman has the right to appeal to her manager with a request to reduce her work day or week. You can make a request at the time of employment or in the event of a child’s illness. The management of the organization undertakes to satisfy the request of an employee with a child under 14 years of age, and in the case of a disabled child - up to 18 years of age. Payment for a labor function in such a situation is calculated in proportion to the time worked and does not affect the possibility of granting annual leave and its duration.
3. Art. 258 established the right of a working mother of a child under 1.5 years of age to additional feeding breaks. The duration of such a break should not be less than half an hour. If an employee has two or more children of this age, then at least 60 minutes. Time is provided every 3 hours. Breaks are included in working hours and are taken into account when calculating wages.
4. Women with disabled minor children have a preference for 4 additional days off per month. These days are subject to payment as weekdays. Payment is made by the Social Insurance Fund.
5. If a worker has a baby under 1.5 years old, then she has the right to request easier working conditions. After transfer to light work, the salary is kept at the average level until the child reaches 1.5 years of age.
6. It is prohibited to refuse to conclude an employment agreement due to the presence of small children (Article 64).

Thus, the current legislation provides for a specific range of concessions for working women with children of different ages.

Dismissal of employees with children under three years of age

Part 4 of Article 261 of the Labor Code of the Russian Federation provides additional guarantees for women with children under three years of age and other persons raising these children without a mother upon termination of an employment contract. Such persons can be dismissed at the initiative of the employer only on the grounds provided for in paragraphs 1.5 - 8.10 or 11 of part one of Article 81 or paragraph 2 of Article 336 of the Labor Code.

It should be borne in mind that this rule establishes restrictions only in relation to cases of dismissal of an employee at the initiative of the employer .

The general list of grounds for termination of a contract at the initiative of the employer is established by Art. 81 Labor Code of the Russian Federation. This list includes, among other things, a reduction in the number or staff of employees of an organization or individual entrepreneur (clause 2, part 1, article 81 of the Labor Code of the Russian Federation).