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Retrenchment after leaving maternity leave

But there are difficulties of a different nature after leaving maternity leave. In 1.5-3 years, as a rule, a lot of water flows through the employing organization. Sometimes the organization itself, or the department in which my mother worked, leaks away. And on the first day of going to work, instead of a technical assignment, a woman receives a notice of reduction of her position. Or, what is even more unpleasant, she is called into the manager’s office and is strongly “asked” to write a letter of resignation of her own free will.

And if you are told on the very first day you return to work (and it happens that letters are written about this, notifications are sent even during vacation), that your position has ALREADY been reduced, then you must understand that this is illegal. Reduction of your position according to the staffing table is possible only after you return to work

, due to the end of parental leave. You must be notified of this (in writing) two months before the layoff. They are also required to offer (in writing) all available vacancies in your department, department and division in accordance with Article 180 of the Labor Code of the Russian Federation.

What to do if an employee cannot go to work?

Being on care leave is only a right, but not an obligation, of an employee, and providing it is the obligation of the employer if there is an application from the employee. To prevent possible conflict situations when concluding a fixed-term employment contract with an employee hired to replace a “maternity leaver,” the wording “until the employee returns from maternity leave” should be used. It is better not to indicate the exact end date of the vacation.

How to apply for a return to work?

As mentioned earlier, in the 1C: Salary and Personnel Management 8 program there is no need to change the amount of the main planned accrual - the employee’s earnings while she is on vacation, because this accrual has been terminated for the period of vacation and the new salary, including as a result of the past indexation you can indicate to the employee after she returns to work. Moreover, one should not confuse the actual order to index the earnings of all employees and the reflection of this in the program.

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After preparing the necessary package of documents, in the event of termination of the employment relationship, the question arises of full settlement and payment of funds provided by law. Like every employee upon dismissal, a maternity leaver has the right to receive compensation payments, which include:

Reduction of maternity workers during staff reduction: procedure and payments

When an employee goes on maternity leave, company management can either redistribute her responsibilities among other employees or hire temporary staff to replace the maternity leaver. As a rule, a fixed-term employment contract is concluded with such personnel, that is, an agreement that has a specific validity period. But an employee hired during the absence of the main employee can go on maternity leave.

In cases where the management is completely satisfied with the employee’s qualities and only a reduction in a specific salary is required, the maternity leaver may be offered a transfer to another position. The need for this often arises during a company reorganization. In this case, the woman will need to interrupt her vacation for one day and sign documents on the transition to a new rate. After this, she can return to vacation again (if desired).

If you are notified of a layoff while on vacation, you can be fired immediately after you return from vacation. In this case, the year of work before going on leave will be taken to calculate the benefit. If they notify you only after going back to work, then they won’t be able to cut you off until after two months, and then these two months and 10 months before the vacation will be taken into account for the calculation.

Some employees, after maternity leave, decide to quit on their own in order to devote more time to their family, some quit due to the termination of their employment relationship, which was established for a certain period, and dismissal is also possible by agreement of the parties.

Therefore, in the above situation, the calculation period for calculating average earnings for payment of severance pay and compensation for unused vacation will be twelve calendar months preceding March 2008 - March 2007 - February 2008.

Based on Art. 139 of the Labor Code of the Russian Federation, the average salary of an employee is calculated based on the salary actually accrued to him and the time actually worked by him for the 12 calendar months preceding the period during which the employee retains his average salary. In this case, the calendar month is considered to be the period from the 1st to the 30th (31st) day of the corresponding month inclusive (in February - to the 28th (29th) day inclusive)

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Duration of maternity leave and payment

For example, a child is born in a family. His father decided to take leave to care for him: it’s possible. 70 days after giving birth, the mother’s sick leave for pregnancy and childbirth ends. From the next day, the father takes out parental leave, and the mother takes out annual leave. She may not go to work for another 28 days and receive her average salary. Both parents will be able to be with the child for almost another month, they will not be fired and will be paid.

Take a regular vacation without a queue

In two months, the grandmother will take care of the child, and the accountant will go to work. No one can force her to go on maternity leave if the woman herself has other plans: perhaps she does not want to lose her qualifications and money, or her presence at work is important for the family business.

5.1.5. Appeal the actions or inaction of the Company to the Federal Service for Supervision in the Sphere of Communications, Information Technologies and Mass Communications or in court if a citizen believes that Legal LLC is processing his personal data in violation of the requirements of Federal Law No. 152-FZ “On Personal Data” data" or otherwise violates his rights and freedoms.

destruction of personal data - actions as a result of which it becomes impossible to restore the content of personal data in the personal data information system and (or) as a result of which material media of personal data are destroyed;

Compensation for liquidation of an enterprise while on maternity leave

The Company in its activities proceeds from the fact that the subject of personal data provides accurate and reliable information during interaction with the Company and notifies Company representatives about changes in his personal data.

How to calculate?

As for leaving work of your own free will, there can be quite a few reasons : from basic family circumstances to the realization that during the time off, quite a lot was missed professionally (read about how to properly quit after maternity leave of your own free will here).

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That is, first a woman must go to work and commit one of the listed acts. And only after that the employer can fire her or lay her off. In this case, a reference to Article 81 of the Labor Code of the Russian Federation would be legitimate.

How to legally lay off a maternity leave?

Additional agreements to employment contracts on changing the name of the employer are signed with employees. Only from this moment can procedures begin to change the organizational structure of the organization, including staff reduction, in compliance with the procedure established by law.

At the same time, maternity leave for up to 1.5 or 3 years is not taken into account in the total length of service, but maternity leave is taken into account. For standard maternity leave, an employee is entitled to 11.67 working days. They will be paid based on the average earnings of the employee.

Search algorithm : 28 days (average vacation duration) is divided by 12 and multiplied by the number of months (full) that the employee worked during the year. Then the days used are subtracted.

Reduction after maternity leave: what payments are due?

Of course, layoffs after maternity leave are a very unpleasant situation. The mother of a child must remember that, according to Article 261 of the Labor Code of the Russian Federation (Chapter 41), it is possible to dismiss the mother of a child under three years of age only in the event of liquidation of the organization, and the employer is obliged to notify the employee in writing of the upcoming dismissal at least two calendar months in advance.

Mothers should know their rights, because first of all, only they can make public any infringements on the part of their superiors, and besides, this is very important for their child. This is why these laws are written, which can protect them at any time.

In this case, the period for issuing compensation and benefits is exactly the same as for dismissal after maternity leave - on the day the employee officially leaves. Also, if there is a delay in payments, interest is charged due to the delay .

How to calculate?

24 Apr 2021 gmurist 399

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Reduction after maternity leave: calculation of payments

Days that were worked before maternity leave, for which the employee did not receive paid leave.
Maternity days of pregnancy and childbirth.
The sum of the first and second points is the number of allotted vacation days.
Based on the calculations above, a proportion is drawn up for calculating unearned vacation days.
Multiplied by average daily earnings for the past year. The result is the amount of compensation.

In this case, the calendar month is considered to be the period from the 1st to the 30th (31st) day of the corresponding month inclusive (in February - to the 28th (29th) day inclusive) The average daily earnings for payment of compensation for unused vacations are calculated for last 12 calendar months (p.

According to the law, only a woman with a child over three years old can be laid off. Exception: liquidation of an organization. There are several options for the impossibility of reducing a woman even after maternity leave. To do this, it must be included in the list of other preferential and protected categories. For example, a woman is a single mother with a child under 14 years old. It won't be possible to shorten it. The manager must first take all these points into account. According to the regulations, a reduction plan must be established that takes into account all the characteristics and rights of each person being laid off.

Downsizing after maternity leave has several features. A woman cannot be laid off during maternity leave. But after the holidays there is such an option. The procedure has a standard form, which allows you to comply with all the requirements and rules of the legal framework. It is worth considering that during any vacation, including vacation at one’s own expense, the position is retained by the employee.

Calculation of redundancy payments after parental leave

Reduction after maternity leave Important Question from Klerk.Ru reader Natalya Filippova (Nizhny Novgorod) After my maternity leave for up to 3 years, my position is being reduced. From 01.03.2007 until February 28, 2008, she worked under an open-ended employment contract and received a salary.

Some categories of mothers and adoptive parents retain immunity from dismissal after maternity leave for much longer than three years. The employer will be able to take the initiative and calculate them of his own free will only in the event of flagrant violations on the part of the “beneficiaries”. Reasons for dismissal Returning to work after all possible “children’s” leave has expired practically equalizes the position of the overwhelming number of women with all other members of the team.

Upon termination of an employment contract due to the liquidation of an organization (clause 1 of part one of Article 81 of this Code) or a reduction in the number or staff of the organization’s employees (clause 2 of part one of Article 81 of this Code), the dismissed employee is paid severance pay in the amount of the average monthly salary, as well as for he retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay). In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after the dismissal the employee applied to this body and was not employed by it.

Yes, after leaving parental leave for a child under 3 years old, you may be laid off. You will be required to be notified of your upcoming dismissal due to downsizing no later than 2 months before the date of dismissal. You will also be offered vacant positions (even lower paid ones) that are not contraindicated for you due to health reasons.

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How to calculate dismissal immediately after maternity leave

An employee has the right to resign at her own request while at home with her child until he reaches one and a half or three years of age. When calculating the amount of compensation due to her, one should proceed from how many days of unused annual vacation she has left. According to the Labor Code, all these unused days are subject to compensation in monetary terms upon dismissal of an employee, regardless of the reasons for such departure from position, or the wording specified in the work book.

Types and procedure for settlements upon dismissal

If the company is liquidated and the employee is at home to care for her child, she must also be notified in advance of the upcoming dismissal. At the same time, the ban on dismissal does not apply to this situation (liquidation of an enterprise) at all. And, the dismissed employee will have to receive not only compensation for the unused days of annual rest, but also the amount of severance pay. The company must notify all its employees in the event of liquidation in advance, at least two months in advance, if the liquidation is not related to bankruptcy. And wages, together with benefits, should be paid one of the first among all existing debts.

It’s another matter when an enterprise makes a difficult and final decision to stop operations and liquidate. In this situation, absolutely all employment contracts with all categories of workers are subject to termination. Leaving or not returning from maternity leave will not affect the fact of dismissal; even Art. 261 TK.

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If the methods of influencing the mother who went to work had no effect, and the woman did not write a statement voluntarily, then some persistent employers are trying to come up with a reason to fire her according to the provisions of Article 81 of the Labor Code. Most often, a stubborn employee begins to be threatened that the reason for her dismissal after maternity leave at the initiative of the employer will be the results of the professional suitability assessment. Whether it is worth fearing such an exam at work is up to the former maternity leaver herself to decide. Everything will depend on her current position and the Certification Regulations approved at work.

Employer's desire

Returning to work after all possible “children’s” leaves have expired practically equalizes the position of the overwhelming number of women with all other members of the team. This means that a young mother who does not have additional statuses protecting her can be dismissed on any of the grounds listed in Articles 77-83 of the Labor Code. In order not to make excuses for this dismissal after maternity leave before inspectors or the court, the employer only needs to find legal grounds and correctly draw up personnel documentation.

the leave is fully used by the mother;
the mother receives the first half of the leave, the father receives the second (it is possible to use any parts in any order);
vacation to be divided between relatives (any parts in any order).

Sick leave after maternity leave: payment and settlement

To calculate daily income, the total amount earned for the day is divided by 730 (731 or 732 if leap years are selected). Weekends and holidays are not taken into account. So, with an average salary of 30 thousand per month, the amount for two years will be 720 thousand rubles, and the daily income will be slightly less than a thousand.

Everything is clear with the insurance experience, but what about the salary, because for three years the woman did not receive it. If we refer to the current legislation of the Russian Federation, then to calculate sick leave after maternity leave, it is necessary to take wages for the 2 years preceding the maternity leave.

Publish an order. The employer needs to use the generally accepted order form number T-8. A dismissal order is a document drawn up upon termination of an employment contract or upon its termination.

layoff of a single mother during vacation in the absence of her consent;
termination of employment relations due to layoffs of a single mother or raising a disabled child before he or she reaches the legal age;
dismissal of an employee without prior notice;
an offer to transfer to a job with hazardous conditions or to a position with business travel;
forcing an employee to sign a retroactive layoff notice;
erroneously calculated or not paid in full funds during reduction;
refusal to issue a work book or errors in filling it out.

Reduction after maternity leave calculation

It is also possible that a woman has not been observed since the beginning of pregnancy and therefore was registered after the 30th or 28th week of pregnancy (say, on the 31st or 29th, respectively). Then the doctor is obliged to issue sick leave from the date of registration and for the entire period of maternity leave, that is, for at least 140 days. After all, at 30 weeks the woman did not refuse to receive the certificate, but simply had not yet been observed in consultation. And she needs to be paid benefits for the entire period specified in the sick leave.

The claims made by the administration must be recorded and proven. For example, insufficient qualifications are confirmed by certification results, the fact of theft is confirmed by an act of a specially created commission, frequent lateness to work is confirmed by a working time log.

According to a woman with a child under 3 years of age, she has the right to go out and work full-time, but at the same time losing the opportunity to receive state benefits, or work a certain number of hours a day, possibly even at home (subject to conditions), having the right to benefits (Labor Code of the Russian Federation, Art. 256).

In the event of bankruptcy of an organization, which may result in the dismissal of all employees (in the event of its liquidation) or a reduction in the number of personnel during bankruptcy proceedings, the conditions for the payment of severance pay and their priority are determined by Federal Law No. 127 of October 26, 2002.

Hello! I have a problem. On 10/12/2015 my maternity leave ends (I have been on leave for 3 years since the birth of my child). A week before I went to work, my boss called me and said that as soon as I went to work on 10/12/15, I would be given a layoff notice (the reason was the reduction of one unit). The employer refused dismissal by mutual agreement. Accordingly, I will be laid off on December 31, 2015 (last working day). I tried to find out how the amount of severance pay would be calculated after a layoff, but neither the boss nor the accountant gave a clear answer.

The average salary of an employee, regardless of his mode of work, is calculated based on the salary actually accrued to him and the time he actually worked for the 12 calendar months preceding the period during which the employee retains his average salary. In this case, a calendar month is considered to be the period from the 1st to the 30th (31st) day of the corresponding month inclusive (in February - to the 28th (29th) day inclusive). Average daily earnings for vacation pay and compensation for unused vacations are calculated for the last 12 calendar months. 5. When calculating average earnings, time is excluded from the calculation period, as well as amounts accrued during this time, if: a) the employee maintained average earnings in accordance with the legislation of the Russian Federation, with the exception of breaks for feeding a child provided for by the labor legislation of the Russian Federation; b) the employee received temporary disability benefits or maternity benefits; c) the employee did not work due to downtime due to the fault of the employer or for reasons beyond the control of the employer and employee; d) the employee did not participate in the strike, but due to this strike he was not able to perform his work; e) the employee was provided with additional paid days off to care for disabled children and people with disabilities since childhood; f) the employee in other cases was released from work with full or partial retention of wages or without payment in accordance with the legislation of the Russian Federation. 6. If the employee did not have actually accrued wages or actually worked days for the billing period or for a period exceeding the billing period, or this period consisted of time excluded from the billing period in accordance with paragraph 5 of these Regulations, the average earnings are determined based on from the amount of wages actually accrued for the previous period, equal to the estimated