The contract for pregnant
Me was hired on an established post and concluded the contract for 3 months after which in the absence of objections of the parties the contract would be considered as termless. On 2 - m month of the contract I became pregnant. Whether the administration has the right to terminate the contract after 3 months in connection with expiration of the contract if on staff such worker is put? Whether is in this case 3 - the monthly contract the veiled trial period and whether the administration is right, making out the contract for an established post for 3 months? Than and as the administration has to confirm the termination of the labor relations: according to the formulation “You were not pleasant to us“ or “You do not conform to our qualification requirements“? What rights in this case the pregnant woman has? P. Mayorova, St.-Petersburgby
First of all, according to the Labour Code of the Russian Federation, the employment contract for an indefinite term has to be signed with workers. The conclusion of the urgent employment contract is possible only in certain cases (Art. 17 the Labour Code of the Russian Federation). The urgent employment contract can be signed when the labor relations cannot be established for an indefinite term taking into account nature of the forthcoming work, either conditions of its performance, or interests of the worker, and also in the cases which are directly provided by the law. It means that at the conclusion of the urgent employment contract the administration is obliged to specify in this contract specific conditions or circumstances on which the employment contract cannot be signed for an indefinite term. For example, if carrying out work is financed on the grant given for a period of half a year. If it is about interests of the worker, then the urgent employment contract is considered lawfully concluded if provides any side labor benefits for the worker in comparison with the current legislation. Such privilege admits including higher wage level in comparison with the established legislation.the Employment contract can be signed by
for the term of no more than 5 years. No restrictions on the minimum term of the employment contract with the legislation are set.
If after 3 - monthly term the administration wants to terminate with you the labor relations, she is not obliged to refer to the fact that you do not suit its requirements. The basis for cancellation of such contract is expiration of the contract already in itself. If after the term of the employment contract the labor relations actually proceed also any of the parties did not demand their termination, then action of the employment contract is considered continued for an indefinite term - in fact, the urgent contract develops into termless.
Unfortunately, the established St does not extend to the pregnant woman working according to the urgent employment contract. 170 Labour Code of the Russian Federation will lock on dismissal of the pregnant woman at the initiative of administration as not the initiative of administration, but the contract expiration will be the dismissal basis here. At the same time Art. 170 the Labour Code of the Russian Federation assigns to administration an obligation for employment of such worker upon termination of the term of the contract and provides preservation of an average salary for employment, but no more than three months.