Rus Articles Journal

Only at own will... Dismissal of the pregnant woman of

the Situation when the person was left without work, is always unpleasant. If it is future mother. In the head the thought constantly fights: “If I was not pregnant, it would not happen...“. “Ah, so you, grazhdanochka, in the family way?“ - any lawyer whom you ask for the help will exclaim. Also will do everything possible that you, expecting the child, continued to work where earlier. Despite the fact that whether your administration wants it or not.

First of all, keep in mind: the law firmly guards interests including labor, the pregnant woman. Pregnancy and dismissal - the concepts absolutely incompatible. And it is unimportant, the woman works at the state enterprise or works for the benefit of separately taken individual - without being afraid to seem banal, I will repeat the famous phrase:“ The law one for all“.

we Prepare for protection

Is unconditional, you will be able to protect the rights. But at once think: whether and you made everything that with protection there were no problems? And the most important whether you have an employment contract with the organization where you work. Many moments concerning conditions of your activity are stated in this document (or have to be registered). And if, signing it, you did not find article about immediate dismissal of the employee in connection with pregnancy there, then safely declare to the employer who intended to dismiss you for this reason that it in a root not of the rights. Because according to article 261 of the Labour Code of the Russian Federation “cancellation of the employment contract at the initiative of the employer with pregnant women is not allowed“. The employment contract is formed in duplicate, one of which has to be stored at you. If, getting a job, you did not sign any employment contract, then know that, in - the first, this gross violation of the current legislation. And in - the second, in fact, it is not so important because the worker is deemed accepted for work since that moment as he started the responsibilities, and the labor relations begin with the same moment.

I in - the third even if you at employment reported to the employer about the pregnancy, then according to Art. 64 of the Labour Code of the Russian Federation “... it is forbidden to refuse an execution of an employment agreement to women, based on, connected with pregnancy or presence of children“.

the Possible conflicts

A present to

a situation now that you are hauled up “on the carpet“ by your highest chief, that is, speaking to language of the Labour Code, the employer, and angrily questions why you did not report to him about the pregnancy few months ago. What the disgrace such is? Like, you were simply obliged, getting a job, to tell it about the plans for the next 9 months. And how you in general, being a pregnant woman, after all this can work for it? And you did not sustain a trial period... And - in redemption - will suggest to write the application “on own“. The most interesting that from all this stream of indignation you perfectly understand that all these thunders and lightnings are thrown not from - for the fact that you became worse to work, and just from - for the threatening your leaving in the decree and need to look for replacement, to take the temporary employee...

of Feet! Do not panic! Know that under the law (the same Labour Code) the employer, employing the woman, has even no right to ask her whether she is pregnant. But then, when it will become clear that his employee is pregnant, for her it is not necessary to establish a trial period. Of course, you should not conceal information on the pregnancy until leaving in the decree. But in this situation you did not only right thing, but also is legally competent. And your employer - is not present. And he especially is not right if he reproaches you that, getting a job, you lay about the situation.

So do not take in head “to understand at all position“ the head - your situation much more valuably. You are very compassionate or proud also all - will write the application “on own“? And it is absolutely vain because in this case your desire will be lawful not only for the employer, but also for judicial authorities which will hardly take cognizance of something, except you the written papers.

Pregnancy and employment contract

A now one more situation. With the contract at you everything is all right, and the employer invited you in order that, joyfully rubbing hands to report that the term for which the contract was signed with you expired. He does not suggest to prolong it? Remind him that it will manage to withdraw from the contract hardly. Already mentioned article 261 of the Labour Code regulates also this question:“ In case of the expiration of the urgent employment contract during pregnancy of the woman the employer is obliged to prolong according to her statement the term of the employment contract before occurrence at it of the right for a maternity leave“. Write the application, register it at the secretary or give personally to the head (as it is got in your organization) - and quietly work to an exit in the decree. At the same time you have the right and for decretive. Have to pay them in the place of work in day of an exit in a maternity leave. I will remind, the maternity leave comes in 70 days prior to presumable date of childbirth. Yes, after the delivery all of you - will become an unemployed, but it will be then, and now it is possible to prepare for the birth of the kid quietly.

If the term of the employment contract ended with

when you already were in a maternity leave, then, under article 81 of the Labour Code, the employer is obliged to prolong contract term before its termination, and then not less than in 3 days to warn you about dismissal (the Art. 79 Labor Codes of the Russian Federation).

Where to look for justice?

If you all - were dismissed for the reason that the term of the contract expired, you can safely appeal to court with the claim for a wrongful dismissal. But do not pull too - according to articles 391 - 393 Labour Codes of the Russian Federation, it needs to be made within one month from the date of delivery of the copy of the order for dismissal or from the date of issue of the service record. At the same time the woman is exempted from payment of fees and court costs.

Is and still the option of the organization of “dismantling“ concerning dismissal of the pregnant woman - to appeal not to court, and to office of federal inspectorate of work for that area where there is an organization - the employer, and regional prosecutor`s office. As a rule, similar affairs are solved in a pre-judicial order, and the employer after the appeal to these instances will sharply temper justice with mercy.

In general, occasions - I will emphasize, lawful occasions - for dismissal of the pregnant woman practically do not exist. Unless liquidation of the organization. But if such everything - happened - and to you, then it is necessary to consult with the lawyer specifically on the organization and the case.

As are told by the people having good sense of humour, having reported to the chief about the pregnancy, you can do everything that you want: to shirk, be rude, enter without the prevention the chief`s office when there is a meeting, and to you nothing for it will be. Prospect, of course, interesting. But if your purpose - not just to keep work for the period of pregnancy, but also to return there after the kid a little grows up, then think - whether costs. Then any more nobody and anything will protect you, and similar “pranks“ will hardly be forgotten. In life there are any situations, and it is difficult to foresee as they will be resolved. But in your situation it is better to know what ways of their decision exist. You remember a popular expression:“ It is warned - means it is armed“? And so is your case. Also be not afraid to defend and protect the rights.