The dismissal of child care is of interest to many citizens. The thing is that this process should be carried out according to certain principles, in compliance with legislative norms. And not everyone knows what is appropriate for him under such circumstances. Unscrupulous employers can take advantage of the ignorance of subordinates so that, for example, they do not settle accounts with them or even leave the workplace. Fortunately, it is enough to study the Labor Code of the Russian Federation to know about their rights and responsibilities of their superiors.
What the law says
Is there an article in the current legislation “Dismissal for child care”? Or do you have to be guided by the Labor Code of the Russian Federation as a whole?
A separate article for this case is not provided. Nevertheless, one can be guided by article 80 of the Labor Code of the Russian Federation. It helps to understand what to do if a person decided to leave in connection with caring for a child.
Also, sometimes you can be guided by article 256 of the Labor Code of Russia. This helps to understand how to go on vacation to care for a newborn before they reach 3 years. Next, we will try to consider both situations. Only in this way will it be possible to understand what to prepare for in this or that case.
For adults
Dismissal of childcare in Russia is quite common. Only at first it is necessary to clarify how old the minor is. To begin, consider the least popular scenario. Namely, when the child is more than three years old.
As already mentioned, there is no need to search for a separate article in the Labor Code of the Russian Federation. A citizen in such circumstances will leave work "of his own free will." But this is far from the only way out. You can try to leave the company in connection with the conclusion of the dismissal agreement by mutual agreement with the bosses. Sometimes just such a solution is most beneficial for all participants.
Accordingly, this situation does not provide for any “bonuses” for the subordinate, if they were not initially specified in the employment contract. A person just leaves work.
After that he:
- officially becomes unemployed;
- can get on the labor exchange;
- able to receive benefits as unemployed.
The situation we are considering is not always a desire. Sometimes it is forced. Despite this, as already mentioned, no additional “bonuses” from the state to the dismissed person are allowed.
For a disabled person
Dismissal for caring for a child under 14 years of age provides for the usual departure from work at the request of a subordinate. But what if mom or dad refuse to work because there is a need to look after a disabled child?
In the same way as when the minor is healthy. The employee will have to quit either by mutual agreement with his superiors, or on his own initiative.
The maximum, which in most cases can be expected, is the lack of mining. According to the law, it is not necessary to work out if a person leaves the place of work for a good reason, for good reason.
For the baby
Dismissal for caring for a child under the age of 3 is usually called maternity leave. This is not entirely correct, but people use just such a term.
In this case, there is no direct dismissal, but leaving on the so-called vacation. The employee retains a place of work. The employer cannot reduce it or dismiss it.
Moreover, when a “decree” is drawn up, a subordinate is entitled to maternity payments and a monthly allowance “for caring for a child”. The amount of relevant cash depends on the average earnings of the dismissed.
Important: if necessary, you can issue a dismissal on parental leave. The subordinate has the right to file a relevant application at any time.
Who can leave
And who is legally entitled to a dismissal to care for a child? The answer directly depends on which particular scenario is being discussed.
Just like that, every employed person has the right to leave work. And, as we have already found out, it is proposed to do this at any time, even during the trial period. And it doesn’t matter, the child’s mother leaves the place of work, dad or single parent.
The legal representatives of the minor or his close relatives are entitled to leave to care for the newborn. For example, grandparents. The main thing to remember is that under such circumstances, only one person can temporarily leave the place of work. Most often, the baby becomes the mother.
Instructions - leave "at will"
Dismissal after parental leave is carried out, as a rule, on a general basis. Suppose that a person decided to leave the place of employment on their own. What does he need to do?
To quit on your own initiative, you need:
- To think over and write (preferably completely by hand) a letter of resignation.
- Fill out your job with your employer in advance. It is necessary to notify the authorities at least two weeks before the relevant events.
- Go to carry out their duties for some time. It is proposed to avoid working off if you leave, for example, on sick leave.
- Read the order on the day of dismissal, sign it.
- Get on hand documents ("labor", medical book, payroll, certificate of income), as well as the required funds. For example, stipulated by a labor agreement or current law.
- Put your signature in the accounting logs.
That's all. After the actions taken, the person will be officially fired. And now everyone knows how to behave with intentions to leave the previous place of work.
In agreement with the authorities
Dismissal is carried out somewhat differently after caring for a child or for any other reason due to a so-called agreement with the employer. An employee in such circumstances requires formal dismissal on his own terms, and the boss offers his own terms. All "correspondence" is carried out only in writing.
As soon as the parties reach consensus, they conclude an agreement on the dismissal of the established form. Next, the procedure will repeat the previous instruction from the fifth paragraph.
Guide - how to go on a maternity leave
And how to apply for dismissal to care for a child who is not yet three years old? Under such conditions, you have to prepare in advance. And to issue a "decree" is necessary after replenishment in the family.
At the moment, the citizen is recommended to adhere to the following algorithm of actions:
- Prepare a package of documents. We will talk about them later.
- Draw up and file a petition for leaving to take care of a newborn.
- Wait for the employer to sign the corresponding petition.
Now what? Nothing. You can simply enjoy a legitimate rest from work activities while maintaining a place of employment. But what documents are useful in this or that case for the successful implementation of the task?
Documents for the "decree"
The dismissal of parental leave is carried out on a general basis, but without working off. But what if you need to issue a "decree"? What documents will a person need for this?
Usually, mom needs to prepare:
- passport;
- baby's birth certificate;
- an extract stating that the parent (s) does not receive the benefit (s) for the baby and is not (are) on the "maternity leave";
- certificate of marriage or divorce (if any).
That should be enough. If grandparents issue a “decree”, they will also have to prove kinship with the child.
Sample Application
Now it’s clear how to leave work if you have children. Some are interested in what an application of the established form looks like, which helps to leave work in a particular case. You can compose it in a few minutes.
Above is a sample application for resignation of their own free will. Similarly, you can make a petition and leave work due to the need to look after a minor child.
Employee Advice
Dismissal after caring for a child is common. Yes, and leaving work on the initiative of an employee is also popular, especially in companies where superiors behave in bad faith. How to protect yourself from violations by the employer?
Experts recommend:
- send a letter of resignation by registered letter with notification of receipt;
- make an application manually;
- in order not to work out the allotted time, arrange at their own expense a “break” at work or formally formalize a sick leave.
In reality, everything is not as scary as it seems. Now everyone knows how to act in order to leave his former place of work.