Reduction of a woman with a child under 3 years old and up to 14 years old

Can you be fired from your job if you have a minor child?

If, nevertheless, the dismissal due to staff reduction took place, then the woman should file a claim in court. At the same time, a previous appeal to the labor inspectorate will testify in its favor. In addition, the labor inspector will not only provide legal assistance to the woman, but will also help during court hearings.

1. Termination of the enterprise. This is the most clear point for most people. Once the enterprise ceases to exist, it no longer needs workers, including women with small children.

Commitment by a woman of conscious actions that cause harm to the enterprise, both material and reputational. Such actions may include:

• voicing information that is classified information;
• committing direct theft or actions leading to financial losses for the employer.

1. Deviation from labor protection requirements, resulting in a situation that led to a threat to the lives of other workers, injury to these workers or their death.
2. Getting a job or promotion using falsified documents (certificates, diplomas, etc.).

Dismissal of a single mother at the initiative of the employer

If a decision is made to terminate the employment relationship of the at-fault individual employee, two months' notice is not required. Based on the results of the internal audit, an order is issued indicating the reasons for termination of the employment contract, after which HR documents are drawn up on the termination of the employee’s employment.

• upon application of the child or his legal representatives to the administration of the educational institution or to law enforcement agencies;
• during scheduled and unscheduled inspections of the educational process by higher educational institutions;
• during inspections of compliance with the rights of minor children conducted by the prosecutor’s office or other authorized bodies.

Can an employee be fired if he has dependent minor children?

1.the selection of employees dismissed due to staff reduction must be carried out taking into account the preferential right to remain at work; for example, who has higher qualifications and productivity. Also, if there are two or more dependents in the family, employees who received a work injury or occupational disease at this enterprise, etc.

Please, my husband is being laid off from work due to the liquidation of the organization (in this case, the organization will be registered as a new legal entity, but in the staffing table of this new legal entity there is no such position that my husband holds).

My husband is dependent on me (my wife) and our small child (1 year and 10 months). We can’t get into kindergarten yet, because...

Let’s not go through the queue for now, of course I’m not working - I’m on maternity leave to care for a child up to 3 years old. Can an employee be fired if he has dependent minor children? What kind of statement will he write: dismissal due to the liquidation of the enterprise or dismissal due to staff reduction? What kind of statement should be written in this case and what guaranteed payments can he count on?

Rules of care

The need to terminate work duties occurs in a situation where there are several children under the age of 14 in a family. Dismissal occurs when raising a disabled child.

The category of persons is protected by current legislation. An exceptional procedure becomes if the company is liquidated, and then the management says goodbye to all employees as a whole. The situation allows you to dismiss an employee only on your own initiative - under Article 77 of the Labor Code of Russia, paragraph 3.

The company will suffer significant losses in the form of payment for forced leave, as well as reinstatement. Every personnel employee needs to know all these nuances so as not to make mistakes when registering a dismissal.

The rules for dismissing an employee due to child care are standard, as for dismissal on one’s own initiative. The citizen submits an application in the established form, which states her desire to leave of her own free will, with or without service. The final date for fulfillment of obligations and the current date of writing are indicated.

During this time, the company finds a new employee and fills the vacancy. Document flow for the operation will take time. If a citizen is an athlete or coach, then she is required to notify her of her decision 30 days in advance.

There are particularities when carrying out the procedure for dismissing an employee with a minor child.

Citizens take care of minor children on their own. But it is not uncommon for guardians, fathers, and grandparents to fulfill their obligations. The situation allows you to apply for dismissal with vacation. In the application of the established form, information about the last day of vacation is entered as the date of end of work.

Algorithm of actions:

1. the application for dismissal is submitted within the time limits established by law. It's either two weeks or three days. It all depends on the specific type of employment;
2. Based on the application, the order is executed. The applicant is introduced to him against signature;
3. on the last day of vacation and dismissal, the necessary final payments are made, information is entered into the personal file, work book. Upon completion, the necessary documents for further employment are issued;
4. on the last working day payments are made, a work book, 2-NDFL and a certificate of all wages are issued against receipt.

Can a woman with a minor child be fired?

• the employee who was entrusted with educational powers committed immoral acts;
• the employee committed absenteeism - did not show up for work or was absent for more than four hours in a row. In cases where the workplace is not clearly defined, the employee does not have the right to leave the territory of the enterprise. It is this fact that will be recognized as absenteeism;
• the employee did not provide the employer with the required reliable data on income and property, which caused a loss of confidence in him.

Employees raising a child alone are also included in a special category of employees under Article 261 of the Labor Code of the Russian Federation. All benefits are listed previously. Only exceptional reasons are possible for dismissal. Restriction – child’s age is no more than 14 years.

How does the procedure work{q}

The most reliable way to part on good terms with an employee raising a minor child is to wait for his resignation letter. But when the desires of an employee and his employer do not coincide, then it is necessary to strictly adhere to a strict sequence of actions:

1. 
   Prepare documents on the upcoming liquidation of the enterprise and reduction in headcount and staff.

2. Coordinate candidates with the primary trade union organization, Art. 82 TK.
3. Warn the employee in writing about the upcoming dismissal at least two months before the planned date, Art. 180 TK.
4. Make efforts to employ displaced specialists (if the reduction is not related to the complete liquidation of the company) - offer in writing all suitable vacancies.
5. Issue an order to terminate the employment contract and, on the day of dismissal, familiarize the employee with its contents against his signature.
6. Give the person a completed work report, pay the settlement - no later than the day following the date of signing the order, Art. 140 TK.
7. Prepare the employee’s personal file for archiving and “eternal” storage (75 years from the date of termination of the employment relationship).

We suggest you read: Ex-wife does not allow you to see your child

If an employee raising a child under 14 years of age decides to resign himself, then this can be done in accordance with Art. 80 TK. A handwritten application is submitted to the employer’s office two weeks before the desired date of termination of cooperation. In order for the document to be accepted and processed by the employer, a number of mandatory requirements must be met:

1. In the “header” - in the upper right corner of the A4 sheet, you need to indicate which company the paper is addressed to, the full name and position of its manager, as well as the employee’s data (position, full name and contact phone number, postal address, if it differs from the employer’s data).
2. The document should be titled "Application".
3. If the employee does not plan to quit without working, then in the application it is enough to simply write “I ask you to dismiss with .... in accordance with Art. 80 Labor Code of the Russian Federation."
4. In order to shorten the notice period or convince the employer to abandon it completely, the employee will have to indicate the reason for leaving in the application and attach copies of supporting documents to it.
5. Date and personal signature of the employee.

There are two fundamentally different options for dismissing employees with children on the initiative of the enterprise administration: by layoff and in the form of disciplinary action.

In the event of a layoff, if the employer is confident that in terms of qualifications the employee is inferior in comparison with other specialists, it is necessary to draw up and hand over to him a personal notice of termination of cooperation two months before the dismissal:

1. The notification is issued on company letterhead or indicating all the details of the enterprise.
2. The document must be registered in the outgoing correspondence journal (date and originating number).
3. Title: “Notice of dismissal by way of staff (number) reduction.”
4. In the “body” of the document, you must indicate the position and full name of the employee being laid off, the basis for the reduction, list the employee’s rights and legislative guarantees in the form of early dismissal and the amount of severance pay, as well as compensation payments.
5. The same document can be combined with an offer of vacancies available to the company.
6. Insert the date of compilation and signature of the manager.
7. After reviewing the document, the employee’s signature and the date of delivery must appear on the notification.

Important! If a person avoids receiving a notification or flatly refuses to sign for its receipt, a unilateral act can be used.

For this purpose, at least two disinterested witnesses are invited, and the notice is read again in their presence. Signatures of eyewitnesses are sufficient for the obligation to the employee to be considered fulfilled.

You can draw up a dismissal order in advance, or you can wait until the last day. To do this, it is better to use the T-8 or T-8a form.

In the “Grounds” column, all documents related to the dismissal must be indicated:

• notification;
• refusal of vacancies;
• act of refusal to sign, if any.

Termination of the employment contract is carried out on the basis of clause 1 or 2 of Art. 81 TK.

https://www.youtube.com/watch{q}v=3t1luqlI7XE

But it’s better not to rush into filling out the work book, personal card and registration logs. If an employee decides to exercise the right of early dismissal, the date of the order and entry into the employment record will differ from the original one. The verbatim wording from the dismissal order is transferred to the “work information” column.

The main thing is that all records are ready by the employee’s last day of work, Art. 84.1 TK. It must also be remembered that on the day of settlement the person must sign:

1. In the journal of the movement of work books that it was handed out to the employee.
2. The personal card states that he is familiar with the data entered into it.

All payments, issuance of originals and copies of personnel documents must be made on the day of dismissal or no later than the next day if the person was absent from the workplace on the last day, Art. 84.1 TK.

Regardless of the reason for termination of the contract, the former employee must receive:

• salary;
• vacation compensation;
• all debts;
• severance pay according to Art. 178 Labor Code or collective agreement.

Dismissal with a minor child

Simply put, included in the State Register of types of measuring instruments, and from January 1. Bartender, counting According to layoffs of the Labor Code of the Russian Federation, wages are paid twice a month.

Data on settlement accounts in the balance sheet are presented in detail. To generate transactions, you need to create a document Reflection of salaries in accounting. If one likes to swim in the mud - the freedom of sexual self-determination of a person, established by Article 54 of this Federal Care, completing the process of formation of law, an article of minor debt, Well, we will call and tell him.

With equal labor productivity and qualifications, preference in remaining at work is given to: family - in the presence of two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is their constant and main source of livelihood); persons in whose family there are no other independent workers; employees who received a work injury or occupational disease while working for this employer; disabled people of the Great Patriotic War and disabled people fighting in defense of the Fatherland; employees who improve their qualifications in the direction of the employer without interruption from work.”

Disabled child

If she wants to resign because she is caring for a disabled minor child, the woman must write a statement citing this fact. Companies require a certificate from a medical institution to confirm the fact. In the application, she has the right to indicate the period of care for the minor or simply miss this point.

The final payment and issuance of the necessary documents is made on the last working day. Fact of registration

If she decides to resign, she must notify the company in writing of her decision. Actions must be coordinated in order to get rid of various problems in the future.

The calculation involves payment of wages for time worked, compensation, payments for unused vacation.

An authorized employee of the HR department makes the necessary notes in employment documents and internal document flow. The reason - caring for a minor child - allows the citizen to resign on her own initiative.

The process of leaving an official place of work - algorithm:

1. the employee must notify the employer of her decision in advance;
2. submit an application for dismissal indicating a specific reason;
3. agreeing on the final date for leaving;
4. confirmation of the reason with documentation.

If a woman has a good relationship with her superiors, then dismissal always occurs by agreement of the parties. The main thing is to provide the necessary facts about the impossibility of working out. This includes certificates of medical contraindications and illnesses of the child.

Can a mother with 2 dependent children under 14 be fired?

Hello. My question is: can I be fired when I have two dependent children (6 and 8 years old).

I am divorced. I worked as a cook, they asked me to move to another position that did not suit me, and they did not have any other positions.

Transferred to another position on the grounds that the revenue is small and the employer is not able to keep 2 employees in one position. He asked me to resign and get a job in another organization.

There is no point in resigning voluntarily. As for transferring to a lower-paid position, it is possible that if the organization is downsizing, simply because revenue has fallen, transferring to another position is not legal.

Moreover, you cannot be fired, because... you have children under 14 years of age.

File a complaint with the labor inspectorate.

In what situations can a woman be fired if her child is under 14 years old?

If the woman herself is to blame for her inability to continue working, for example, she maliciously violated the institution’s charter, the dismissal process will begin differently. Based on the fact that misconduct has been committed repeatedly, disciplinary action will be taken in the form of dismissal.

The question of whether a woman with a child under 14 years old can be fired is asked by many employees. They want to know if they have any privileges over other members of the team or if they can still lose their job on a general basis?

Rules of care

On what basis will a woman with two children under 14 years of age be dismissed? There are several typical situations here. For example, during the liquidation of an enterprise, all employees must be warned several months before this moment, and on the last working day a special dismissal order will be established.

If the woman herself committed the offense or she is the reason for the dismissal (violated the established rules at the enterprise, did not fulfill the requirements), then the dismissal will begin differently. Based on the fact that such actions were repeated, disciplinary action will be taken, or, in other words, dismissal.

If the employee decides to leave the company on her own, the dismissal will begin with the preparation of a special resignation letter or an invitation to the employer to sign a special agreement. The application must necessarily note that she is resigning due to the need to care for a child who is not yet fourteen years old.

Further, the dismissal procedure will be the same for all persons:

• the employee is brought up to date: they are shown the order form, the place to sign in the document log;
• information that the employment agreement has been canceled is entered into the personal file, and the official reason is also indicated;
• the HR department enters information in the accounting record about all days off and vacations granted, including during incapacity for work, absence from work for other valid and unexcused reasons;
• in the same place, the accountant enters the estimated settlement amount;
• Next, copies of documents are made and certificates are issued that will later help the employee find a new decent job, for example, a certificate of income for the last three months or internal orders for an increase or bonus. The amount of unemployment benefits paid and vacation pay will also directly depend on them;
• At the end, all recalculations are carried out and the final amount is issued.

At the end of the dismissal, the woman is issued her work book and given it to her. Marks are made in the work book depending on the reason for dismissal. In the event that an employee decides to leave of her own free will, you can write that she ended her working career due to the need to raise a child who is not yet fourteen years old.

Can women be fired from work if they have minor children?

Even if they are included in this list, then, as a last resort, the employer must offer them another position, which they must occupy until they go on maternity leave. Therefore, even when you have to think about whether a woman with two minor children can be fired, it is not difficult to guess that there will be a violation of the Labor Code.

Every family has the right to count on support from the state, which extends to various areas, including work. Parents raising minor children especially need it.

Expert opinion

Mikhailov Vladislav Ivanovich

Lawyer with 6 years of experience. Specializes in family law. Knows everything about the law.

Domestic legislation can provide assistance to such employees in the form of providing special benefits and easier working conditions:

Documentation provided

After leaving her official place of employment, a woman can request the following package of documents:

1. order on employment and dismissal;
2. settlement documents;
3. employment history.

Based on Article 65 of the Labor Code of the Russian Federation, any employee, when hired, is required to provide the established documentation. Benefit documentation will not be included in this package. But in order for a woman to defend her maternal rights, she must independently inform management about the presence of children.

To prove the presence of children, you need to provide the head of the company with certain documents:

• birth certificate of the child, even if the age of some children exceeds fourteen years, since in this case the woman still has the status of a parent with many children. When the child turns 18, this status disappears;
• notification of the assigned status of a large family;
• certificate about the number of family members.

The dismissal process cannot be called complex, therefore its terms, which are established by law, are fully extended to the employee. An application with a desire to leave the enterprise is submitted several weeks in advance. If the decision to cancel the employment agreement was made by the employer, then dismissal is allowed no later than one month after the commission of the offense.

https://www.youtube.com/watch{q}v=kj5USGjJtDg

For employees with many children who are raising two or more children, there are special guarantees and benefits. The resolution of the Central Committee of the CPSU provides them with vacation in the summer, and according to Article 179 of the Labor Code of the Russian Federation, they have special advantages when staff reduction begins, even if their children are over eighteen years old, but are disabled (for example, students or disabled people).

There are also special benefits for women who raise children alone. Based on Article 261 of the Labor Code of the Russian Federation, they are prohibited from being fired at the initiative of management until the child turns fourteen years old.

Due to the fact that single mothers belong to a vulnerable social group, in accordance with Russian legislation, they are additionally entitled to benefits for the maintenance of children. Dismissal of a woman with a child under 14 years of age at the initiative of the employer is impossible, even if he is the only one in the family.

Can a mother of two children be fired from her job?

According to the law, if you have 2 minor children, they cannot fire you. But this does not mean that you should be given concessions. After all, you work full time. And as practice shows, if they want to fire such an employee, they always find a way, unfortunately.

If this job is dear to you, you like the work, the team is normal, the earnings are decent, then of course it is better to organize your life so that there are no conflicts at work. In order not to lose such a good job, I had to look for a nanny - I couldn’t sit on sick leave, they accommodated me by the hour, but I couldn’t not work at all. Or dismissal.

Can a divorced woman with two children be fired?

• Severance pay in the amount of the average monthly salary;
• Salary for the last working days;
• Payment for rest days;
• Compensation in the amount of average monthly earnings until you are hired for another job (but not more than 2 months from the date of dismissal). In some cases, this period is extended to 3 months - this decision can only be made by the employment service.

There are also nuances when transferring a woman during a reorganization at an enterprise. Based on Article 72.1 of the Labor Code of the Russian Federation, it is possible to transfer an employee to another place of work due to production needs with his consent, which implies initiative on the part of the employer. But if necessary, a woman can also become the initiator.

Based on Article 254 of the Labor Code of the Russian Federation, she has the right, by way of transfer, to apply for another position with easier working conditions if her child is under one and a half years old. In addition to the above grounds for dismissal, a woman has the right to resign at her own request.

In such a situation, management has no right to interfere with it.

Payments upon dismissal

Sometimes it is possible that an employee herself decides to quit after returning from maternity leave. In this case, she has the right to count on receiving monetary compensation. When determining the amount of payments, several components are taken into account:

• Average salary. It is determined taking into account the time remaining until the end of the notice period for layoffs.
• Compensation for the time the employee has remaining available before the end of the notice period.
• Compensation for unused regular vacation.

Additionally, employees have the right to expect to receive the average salary for the 2 months remaining before the end of the notice. When calculating the amount of wages, the earnings accrued to the employee during the last two months during which she worked at the enterprise on a general basis are taken into account. In cases where an employee loses her job without working, the average salary is calculated based on the amount of the tariff rate.

Can they be fired from a job if there are minors?

Article 261 of the Labor Code of the Russian Federation limits the employer’s right to terminate an employment agreement with pregnant women, as well as with employees raising minor children.

Termination of official legal relations with women who have children under three years of age, as well as single mothers raising children under 14 years of age or disabled children under the age of majority, at the initiative of the employer, is allowed only in the following cases:

1. complete cessation of the enterprise's activities;
2. as well as the commission by the named employees of guilty actions provided for by certain paragraphs of Article 81 of the Labor Code of the Russian Federation (for example, absenteeism, appearing at work in a state of intoxication, committing theft, etc.).

Staff reduction algorithm

In order to lay off an employee and avoid certain sanctions for implementing such an unpopular measure, this must be done in accordance with the labor relations concluded between the organization and the employee. And the main legal basis here is the employment contract . The latter can be indefinite or concluded for a certain period.

But regardless of the specifics of the employment agreement, the management of the organization always considers all possibilities for early termination of labor relations with employees. Most often you have to think about this when there is an urgent need to reduce staff. In practice, management has to resort to reductions when necessary:

• reduce the number of personnel to optimize the enterprise’s activities;
• cut unnecessary positions;
• reorganize the company;
• completely liquidate the legal entity.

Whatever the reasons forced to resort to staff reduction, management in any case must promptly notify the employee, and this must be done no later than 2 months before the day of dismissal.

Depending on what kind of reduction the employee fell under, his further actions will be determined. This especially needs to be taken into account if the company’s management is considering the possibility of laying off employees raising minor children. Here it is important to do everything correctly and without haste, so as not to commit unlawful actions against personnel.

Do they have the right?

The possibility of dismissal of an employee with minor children depends on the basis for termination of the employment relationship, as well as on her marital status and the number of children.

Dismissal of an employee who has two or more children

In accordance with the provisions of Article 179 of the Labor Code of the Russian Federation , an employee raising two or more children has a priority right to continue to perform her job duties in the event of organizational and staffing measures being carried out at the enterprise, that is, a reduction in the number or staff of the company's employees.

In addition, Article 261 of the Labor Code of the Russian Federation prohibits, at the initiative of the employer, terminating an employment agreement with a woman who has three or more young children in the absence of another breadwinner in the family.

Is it possible to settle accounts with a small child?

When asked whether a mother can be fired if the child is under 5 years old, the answer is clear. It is impossible to terminate an employment contract with an employee who has a young child if she is a single mother (Article 261 of the Labor Code of the Russian Federation).

It must be borne in mind that this restriction does not apply to cases of liquidation of the company, as well as to the commission of guilty actions by a woman:

• repeated failure to fulfill official duties in the presence of a valid disciplinary sanction;
• absenteeism;
• going to work while intoxicated;
• committing theft at the place of work;
• disclosure of secrets protected by law;
• violations of anti-corruption legislation;
• providing false information when applying for a job;
• committing an immoral offense, provided that the employee’s duties are related to the performance of educational functions.

Reduction of mothers with children under 3 years of age

Employees with children under 3 years of age cannot be dismissed from the organization if the employer initiates the termination of employment relations with them - if they are on maternity leave. It lasts just until the child turns 3 years old.

Expert opinion

Mikhailov Vladislav Ivanovich

Lawyer with 6 years of experience. Specializes in family law. Knows everything about the law.

A woman can, at her own discretion, interrupt her vacation and go to work. In this case, she also cannot be fired while the child is small, with the exception of the above-mentioned cases of significant violation of discipline at work.

Termination of contract with a mother raising children alone

In accordance with Article 261 of the Labor Code of the Russian Federation, an employer does not have the right to terminate official legal relations with a single mother raising a young child. The legislation does not have a legal concept of a single mother, but in fact it is recognized as a woman raising a child alone.

In this case, the father should not be recorded on the minor’s birth certificate.

Description in the law

This issue is regulated by Art.
77 of the Labor Code of Russia, third paragraph. The Labor Code describes situations, working out and notice periods, as well as the need to pay the final payment at intervals.

https://www.youtube.com/watch{q}v=tox5_Bv6SwY

All the rules provided for in the law are aimed not only at improving overall employment in the country, but also at protecting female workers both when signing an employment contract and when terminating it.

The law states that the dismissal of a woman with a child under 14 years of age at the initiative of the employee is possible. Employees who have a child under 14 years of age, but older than three, do not have any privileges over other employees. But there are special cases that are important to know about:

• mothers who are raising children under 14 years of age alone;
• women who have a child with a disability group. In this case, the employer cannot dismiss the woman by his own decision until the child turns eighteen years old;
• women who have more than three children and are the only breadwinners in the family.

Unlawful dismissal may include termination of an employment contract with the mother of a child under the age of three, with single persons with children under fourteen and the parents of a disabled person under eighteen. Such decisions are subject to appeal in court. In this case, only the court will help restore the lost position.

If the dismissal was made illegally, then the following measures are taken in relation to the worker and manager:

• returning the employee to his previously held position and invalidating the order;
• the employer will be required to pay for the time during which the employee did not work;
• payments for causing moral damage to an employee;
• imposing a fine on the enterprise itself for violating current labor legislation.

What are the rules?

The legislator provides certain guarantees to women with minor children in the event of termination of an employment contract.

At the initiative of the employer in connection with the liquidation of personnel or staff

When the number or staff of a company is reduced, a number of employees have a priority right to continue working with the employer. These persons include women with 2 or more children, for whom they are the only breadwinners (Articles 179, 261 of the Labor Code of the Russian Federation).

At your own request

Since dismissal at the initiative of an employee presupposes her personal expression of will, there are no restrictions related to the fact that she is raising minor children.

By agreement

Article 78 of the Labor Code of the Russian Federation allows the employer and employee to terminate their official legal relationship by mutual agreement. Moreover, after signing an agreement that stipulates the conditions of dismissal, it is impossible to revoke it unilaterally.

Article 78 of the Labor Code of the Russian Federation. Termination of an employment contract by agreement of the parties

An employment contract can be terminated at any time by agreement of the parties to the employment contract.

Since in this case the woman is directly involved in determining the conditions under which the dismissal will occur, there are no restrictions related to the presence of children.

Causes

Current legislation allows you to leave your place of employment in one day.

Situations in which it is possible to perform an action:

1. violation of the rights and freedoms of citizens by the employer. This is a recording of gross violations on the part of the company;
2. signing an agreement on mutual consent of the parties to certain conditions of dismissal. This is the best way to negotiate with the organization and clarify additional monetary rewards;
3. on the employee’s own initiative, if there is evidence of a valid reason for leaving.

When moving, there is an agreement, as well as violations on the part of the employer, the citizen may not work the allotted time. After the end of the working period, she has the right to receive a final payment and a work book. If there are factors that do not allow working off, the calculation takes place in a short time.

The order is issued on the basis of a resignation letter or an agreement created between the employee and the employer. After familiarization, the employee puts a mark in the form of a signature. The work book reflects the need to care for a minor. There is also a reference to a specific legal act regulating this provision.

About how an employee was illegally paid, but she was able to defend herself

The employee filed a lawsuit to declare the dismissal illegal on the basis of paragraph 2 of part 1 of Article 81 of the Labor Code of the Russian Federation, in connection with a reduction in the number or staff of employees. In support of her claims, she indicated that she worked as deputy head of the education department on the basis of an open-ended employment contract.

In the period from January 29, 2013 to July 2, 2013, she was on maternity leave. On November 11, 2013, she was notified of the upcoming layoff and on January 22, 2014, she was dismissed under clause 2 of part 1 of Article 81 of the Labor Code of the Russian Federation.

She considered her dismissal to be illegal, since the requirements of Article 261 of the Labor Code of the Russian Federation, which prohibit the dismissal of women with children under 3 years of age at the initiative of the employer, were not taken into account.

The courts of the first and appellate instances took the side of the employer and refused to satisfy the demands, indicating that the employee did not inform the employer about the presence of a young child, did not submit his birth certificate to the personnel department, and accordingly abused her right.

The plaintiff appealed the decisions taken in the case in cassation to the Supreme Court of the Russian Federation. The Judicial Collegium of the RF Armed Forces, having familiarized itself with the materials of the case, came to the conclusion that there were violations committed by the courts of the first and second instances.

Article 261 of the Labor Code of the Russian Federation establishes a ban on termination of an employment contract at the initiative of the employer with women who have children under 3 years of age.

At the same time, the panel considered the defendant’s argument that he was not informed about the plaintiff’s child to be untenable, since they paid the employee maternity benefits, a lump sum benefit for the birth of a child, and paid sick leave in connection with caring for the patient child.

Accordingly, at the time of issuing a notice of dismissal and termination of the employment contract, the employer knew that the plaintiff had a young child, and accordingly did not have the right to dismiss her due to a reduction in the number or staff of employees.

The Collegium of the RF Supreme Court overturned the decisions made by lower courts and issued a new judicial act in the case, satisfying the claims (decision of the RF Supreme Court dated March 30, 2015 No. 21-KG14-14).

When deciding to dismiss a woman with minor children, the employer needs to make sure that the grounds on which he made such a decision allow him to terminate the employment relationship with the employee. Otherwise, an illegally dismissed woman has the right to reinstatement, and the employer may be subject to civil or administrative liability.

Can you be fired from your job if you have a minor child?

This question worries many working mothers, because now it’s not so easy to find a new place.

Significant violations

There are gross violations of internal regulations at the enterprise, which are described in Resolution 6 of Part 1 of Article 81 of the Labor Code of Russia. It consists of six points:

• absenteeism. Absence from the workplace without a valid reason or for the entire working day. In this case, absenteeism is established in documentary form, and an explanatory note is taken from the employee. Dismissing an employee is permitted only if the absence has no valid reason;
• appearance at the workplace where an employee performs her direct duties in a state of alcoholic, toxic or drug intoxication. Such a factor must be confirmed through a medical examination;
• disclosure of important confidential data that has commercial value. This also includes the disclosure of personal data of an employee;
• if an employee damaged the company’s property, stole, or spent the company’s money. It is important to confirm the fact of violation in court or obtain a special administrative resolution;
• failure to comply with basic safety rules, if such a violation resulted in an accident or could lead to one. The violation must be established by authorized officials at the enterprise.

We invite you to read: Refund of money under a purchase and sale agreement in Russia