The article discusses issues regarding working mothers. The rights of a woman with a child under 3 years of age at work are established at the legislative level by the Labor Code. Pregnant women are entitled to leave, which is extended after delivery until the child turns three years old. She retains her workplace, and her work experience is not interrupted. However, benefits for the period of vacation are paid until the age of one and a half years or until a place in kindergarten is received (in some regions). For these or other reasons, many mothers leave their vacation early and continue to work.
Features of labor of persons with children under 3 years of age
Working mothers belong to a special category of workers. The rights of mother and child are protected by the state. That is why the following benefits are provided to them:
- part-time work;
- breaks to feed the baby;
- renunciation of carrying out work that exceeds the duration of the working day;
- renunciation of work that is harmful to life and health;
- use of maternity and child care leave;
- other features.
Part time
An employee with a small child may work partial hours. This is established at the legislative level and is not subject to restrictions on the part of the company.
Part-time work may manifest itself through:
- reducing the hours of each working day;
- reduction in the number of days of work;
- simultaneous implementation of both the first and second points.
Reducing work time even by a few minutes is a type of part-time work.
Baby feeding breaks
Breaks are provided for mothers with a baby under 1.5 years old. In addition to lunch time, they are additionally provided with feeding hours of 30 minutes every 3 hours. If desired, these thirty-minute breaks can be combined and provided at the beginning or end of the work schedule. When calculating wages, breaks are included in the total working time.
If there is more than one child, then this break increases in direct proportion to the number of children under one and a half years old.
Overtime and hazardous working conditions
According to the law, workers with small children cannot be required to work overtime. On weekends and non-working holidays, women also cannot be required to go to work. However, such an employee can leave of her own free will.
Shift work and business trips are contraindicated for this category of workers.
Contraindications apply to hazardous working conditions, namely: working with hazardous and unhealthy substances (disinfectants, ethyl alcohol, gasoline, etc.) associated with high danger, performing physically difficult and other work.
Maternity leave
Pregnant working women are granted maternity leave. The leave is submitted on the sick leave of the supervising doctor, and it begins 70 days before the expected date of birth and ends after another 70 days from the date of birth of the child. After this period, parental leave is granted until the child reaches one and a half years of age, which is subsequently extended to three years.
Other features of the work of working mothers
Despite the fact that employers do not welcome mothers with small children, a probationary period is not allowed when hiring them. Dismissing such a woman is also quite problematic.
What rights do single mothers have under the labor legislation of the Russian Federation?
- cash and in-kind allowances are maintained for the period of maternity leave;
- the time spent on maternity leave is included in the length of service for calculating pension supplements;
- providing food and groceries through special stores until the child is 3 years old;
- cannot be recruited for guard and garrison duty.
In accordance with the explanations of the highest court, a woman can be recognized as such if she alone carries out the functions of a parent in the upbringing and development of children, without the participation of the father, as well as in cases of his death, deprivation of parental rights, recognition by the court as missing, incompetent, or stay in correctional institutions. in connection with imprisonment. However, the law does not distinguish between a natural and adopted child.
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Can a woman with a child under 3 years of age be fired?
The state protects the rights of women with children under three years of age at work. For single mothers, this age is extended to 14 years. Since it is not profitable for the employer to maintain such an employee, dismissal becomes very difficult. This is possible only in certain cases established by law. Namely:
- upon liquidation of the organization;
- upon expiration of the contract;
- during contraction;
- in case of gross violation;
- at your own request or by agreement of the parties.
Upon liquidation of an enterprise
If an organization is declared bankrupt and liquidated, all employees are fired. Working mothers are no exception. This fact is established by the law of the country and enshrined in the Labor Code.
Under a fixed-term contract
The fixed-term contract specifies a specific expiration date in connection with the departure of the main employee. It can be extended or not extended. For pregnant women who have not yet gone on vacation, such a contract may not be renewed. But if she has already gone on vacation, even the fact that the main employee left is not a reason for dismissal. It is impossible to fire a woman before the end of her vacation.
Downsizing
It is impossible to lay off a woman with a child under three years old while she is on leave. In addition, you cannot rename or change or add to the list of job responsibilities of a position. If a woman has already returned from leave, then she should be given a similar position with similar salary and conditions.
By agreement of the parties
Often people move from one company to another due to various reasons, ranging from relocation to more attractive conditions. By agreement of the parties, any employee can be dismissed. At the same time, the need for two weeks of work remains (if the woman is not on vacation).
With a disabled child under three years old
A mother with a disabled child is provided with additional guarantees regarding her work activities. Thus, such a woman can be fired only in case of liquidation or gross violation of the rules contained in the contract. This condition continues until her child reaches adulthood.
Labor code for single mothers
Important! Quite often there are situations when civil registry office employees recommend that a single mother not include the potential father of the child in the documents if he does not plan to participate in his upbringing. This, of course, has its advantage: firstly, in the future it will not be necessary to obtain the consent of the second parent when traveling with a child abroad or for surgical operations, and secondly, it will be possible to receive benefits and payments due to single mothers by the state. But there is also a second side to this action - a negative one: in the future, the child will not be able to claim an inheritance from the real father, since there will be no official confirmation of paternity.
The legislation regulates legal relations related to business trips, such as a business trip to another city or locality. The management of the enterprise can send a single mother only with her written consent. As for work on a rotational basis, when absence can be very long, the law prohibits sending single mothers there.
07 Jun 2021 etolaw 354
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Nuances of dismissal of women with a child/children
In general, the process for dismissing an employee with small children follows the rules and regulations for dismissal in general cases. However, based on a number of reasons indicated above why such an employee can be fired, there are some nuances.
How to apply
The dismissal of a mother raising a child under three years of age is carried out in accordance with the general procedure.
If the reason is the employee’s own desire, then a statement is written addressed to the head of the company, which indicates the reasons for such a decision. If the reason is child care, it is necessary to reflect this fact, since the authorities providing social support to the population can assign benefits on this basis.
If the reason is failure to fulfill labor duties, then in addition to the full package of documents, evidence of such violations (certificates, orders, reports and explanatory notes) is attached to the personal file.
In all cases, a corresponding note is placed in the work book, and it is handed over to its owner.
Documentation
Upon dismissal, a package of documents is collected, as when concluding an employment contract, namely:
- passport;
- statement;
- children's birth certificates;
- certificate of a mother of many children (if available);
- a certificate issued by a medical institution stating that the child is disabled;
- certificate of family composition.
Deadlines
When liquidating, the company must notify all employees about this a couple of months before this moment occurs.
The fixed-term employment contract specifies the period for which the employee is hired. If it is not renewed, the employee is fired.
By mutual agreement of the parties or at your own request, you must work for two weeks from the moment you write the application. Sometimes, by decision of the management of the enterprise, it is possible to do without working off.
If an employee wrote a letter of resignation while on maternity leave, then going to work and working off are not required.
Payments and compensations
Upon dismissal, a former employee is paid:
- salary for the last days of work;
- compensation for missed vacation.
If the reason for dismissal is bankruptcy of the enterprise or layoff, then allowances in the amount of two months’ salary are also paid.
Russian Labor Code on the status of a single mother
The Labor Code for single mothers provides for the possibility of part-time or part-time work. To do this, a woman must submit an application requesting the establishment of special working hours for her. This means that she will work during the period allotted to her and the duration of her activity at the workplace is less than eight hours. Wherein:
- Child birth certificate with a blank column about the father.
- Death certificate of husband.
- Certificate of incapacity of the child's father.
- A paper confirming the man's presence in a correctional colony.
Where and how to protect your rights
If the rights of such an employee are violated and she is dismissed without the reasons specified in the law, then in order to protect her rights it is necessary to apply to the court with a statement of claim. The defendant in this case will be the organization represented by its representatives (manager, chief accountant).
Since protecting the rights of the child is one of the main social tasks of the state, working mothers with children belong to the category of the most protected workers. That is why the court most often sides with the plaintiff. As a result, according to a court decision, the employee is reinstated and compensated.
Let's sum it up
- The Labor Code of the Russian Federation does not contain norms that unambiguously define the status of a single mother. The criteria for the status of a single mother are contained in Resolution of the Plenum of the Armed Forces of the Russian Federation dated January 28, 2014 No. 1.
- In most cases, a single mother cannot be fired at the initiative of the employer; they have the right to unpaid additional leave; without the written consent of a single mother, she cannot be sent on a business trip, or involved in overtime or night work; single mothers have the right to take annual paid leave at a convenient time time for them.
Benefits paid due to coronavirus
Families in which a child under 3 years of age was born from April 1, 2017 to June 30, 2021, will receive a payment of 5,000 rubles. In this case, the presence or absence of the right to maternity capital does not matter.
If only 1 child was born in a family before the beginning of 2021, then one of the parents or a guardian can apply for a benefit.
If the family has the right to maternity capital, then only the child’s mother or adoptive parent will be able to submit an application.
If a child turns 3 years old in April, the family will receive benefits only for April. It follows from this that the payment is made for the month in which the child reaches 3 years of age.
An application for a benefit is submitted either through a single state portal called State Services or through the Pension Fund.
Personnel portal
Women with children under the age of one and a half years , if it is impossible to perform their previous work, are transferred to another job at their request. At the same time, until the child reaches the age of one and a half years, wages must not be lower than the average earnings at the previous place of work (Article 254 of the Labor Code of the Russian Federation).
Currently, there is a Regulation on the procedure and conditions for the use of labor for women who have children and work part-time, approved by Resolution of the USSR State Committee on Labor and Social Issues of the Secretariat of the All-Union Central Council of Trade Unions dated April 29, 1980 No. 111/8-51 ( hereinafter referred to as Regulation No. 111/8-51) to the extent that it does not contradict current legislation.
