Today we have to find out whether they can cut a pregnant woman. The thing is that in Russia the labor market is not showing the best results - companies are opening and closing, employees are being laid off and laid off, unemployment is growing rapidly in some regions. For a 100% able-bodied person, the search for a new place of employment is not the most difficult task. But pregnant women are in a vulnerable position. Their labor legislation of the Russian Federation actively protects employers. Can a pregnant woman fall under contraction? Does the employer have the right to deal with an employee in an “interesting” position in this way? The answers to all these questions will be surely discovered later. In fact, everything is not as simple as it seems. The labor legislation of the Russian Federation contains many controversial and controversial issues.
Special provision
Can they cut a pregnant woman? To correctly answer this question, you need to carefully study the current Labor Code of the Russian Federation.
For the employer, the presence of pregnant employees is a huge problem in most cases. The Labor Code actively protects the interests and rights of women in an “interesting” position.
The main problem for the boss is the dismissal of the studied category of subordinates. The thing is that to remove a pregnant woman from work is not as easy as it seems.
Methods of dismissal
Why? All because of the special situation of these employees. Is it possible to cut a pregnant woman?
Each employer can conditionally break off labor relations with his subordinate in the following ways:
- at the initiative of the employee;
- on their own;
- for a number of external circumstances.
Further, each scenario will be considered separately. So it turns out to understand whether a pregnant woman can be cut or not.
The desire of a subordinate
Let's start with the most common case - dismissal at the initiative of the employee. This form of termination of employment with the employer takes place. Usually it implies a voluntary decision that has no connection with the reduction of staff.
Nevertheless, some employers try not to lay off pregnant women. The Labor Code of the Russian Federation actively protects such employees. And if the latter can prove that their decision regarding the dismissal was forced (the employer created conditions that led to the termination of the employment contract, blackmailed, threatened, etc.), the labor inspection will be on the side of the woman. In this case, the employee will have to be reinstated.
Do they have the right to reduce the pregnant? We can say for sure that a woman is able to take the initiative and quit herself. But what if in the near future it is planned to reduce the staff?
Inevitable
It is still difficult to unequivocally answer this question. As already mentioned, the boss may terminate the employment contract with the pregnant employee due to external circumstances related to the working relationship. Such a right does exist, but in practice it is quite rare.
It is allowed to terminate an employment contract with a pregnant woman:
- if the employee to whose place the pregnant woman was temporarily taken went to work;
- upon termination of the concluded employment agreement;
- when a pregnant woman refuses to be transferred to another locality and the terms of the employment contract change;
- if a woman is recognized as incapable of continuing to work.
In fact, everything is not so simple. For example, the dismissal of a woman due to her refusal to transfer to another locality is permitted only when the company as a whole transfers its activities to another location.
Employer initiative
Do they have the right to reduce the pregnant? Theoretically, the employer himself can terminate the employment relationship with his subordinates. For example, if they do not meet the working requirements.
But in the case of pregnant women, everything is somewhat different. Current labor law prohibits employers from firing employees in an “interesting” position. This is only possible in the situations listed above.
Special cases
But that is not all! Termination of the employment contract with pregnant workers is permitted under certain and unavoidable circumstances. These include the liquidation of the company or the cessation of the activities of an individual entrepreneur.
According to current laws, a girl who is in an "interesting" position can be fired at the request of the boss only because of the liquidation of the corporation. Perhaps this is one of the few cases in which an employee is removed from work forcibly.
Reduction - is it dangerous?
Do they have the right to reduce a pregnant woman? If you carefully study all the features listed above and turn to the Labor Code of the Russian Federation, you can come to the conclusion that the studied category of personnel is one of the most protected. Just so terminate her employment relationship will not succeed. There must be good reason for this.
Despite the fact that staff reductions are often a necessary measure, the employer cannot use them to get rid of a pregnant employee. Reduction is not a legal basis for termination of an employment contract. So, there is nothing to fear.
Real picture
Now it’s clear whether they can reduce a pregnant woman. The legislation of the Russian Federation indicates that the employer does not have the right to do so. It is allowed to reduce ordinary employees, but vulnerable categories of subordinates should not be touched.
Often the real situation is somewhat different. There are not so many conscientious employers in Russia. Most of them are trying not to mess with girls planning a pregnancy or already in an "interesting" position. And if the subordinate was able to find a job, then with a greater degree of probability in the future she will have problems.
Can a pregnant woman be cut? When reducing this category of citizens under the law can not be touched. But not everyone knows about this. Therefore, pregnant girls often become victims of illegal dismissal.
You should also pay attention to the fact that often employers in every possible way force employees to quit on their own. According to the laws of the Russian Federation, the chief is obliged to transfer the pregnant woman to light work and, on the initiative of the woman, provide a shortened working day. In practice, this does not always happen. Rather, everything turns out exactly the opposite - the boss does not make any concessions to the pregnant women, creating uncomfortable working conditions. Due to such circumstances, women simply quit on their own. The corresponding entry is made in the work book, the employer remains safe. After all, the Labor Code does not prohibit subordinates from leaving their previous jobs on their own. This is the most favorable outcome.
Conclusion
Can they cut a pregnant woman? Ideally, the employer does not have such a right. But in practice, usually the heads of organizations use all sorts of ways to get rid of a woman in an “interesting” position on the eve of the reduction. This is due to the fact that the studied category of citizens is the most protected in Russia with respect to labor legislation.
It should be remembered that forced dismissal at the initiative of the employer is possible only due to the liquidation of the enterprise or at the closure of the IP. It will also be possible to terminate labor relations without much labor with a subordinate working under a fixed-term contract. But the rest of the pregnant women by law must remain in the company with the reduction.
In any case, if a woman was fired illegally or if she is forced to leave work, it is necessary to apply to labor inspectorates to protect her rights. They will listen to the employee, after which they will conduct an audit in the former place of her employment. If it turns out that the dismissal occurred precisely because of the reduction of staff (or by any other method not provided for), the girl will be reinstated and the employer will be held accountable.