Can they be laid off while on maternity leave? Many women and their loved ones ask themselves a question with approximately the same content when they are planning a pregnancy or the woman is already in an interesting position. Their concerns are understandable and justified. Good job It’s not so easy to find one in a reputable company these days. It depends on how well the company’s management complies with the norms of the Labor Code of the Russian Federation. There are many cases where a pregnant woman or one on maternity leave was laid off or even fired. But according to the law, management has no right to do this. It is especially inconvenient to search when there is a small child waiting at home.

Is there a risk of dismissal?

The Labor Code of the Russian Federation clearly speaks about this. His Art. 256 emphasizes that when a woman goes on maternity leave and is on maternity leave, then she retains her workplace. And the position, of course, should also remain with her, even if she returns from vacation after 3 years (and this is how long this vacation often lasts). The only exception is the complete liquidation of the company and the layoff of absolutely everyone who belonged to its staff. In other words, if the legal entity was liquidated. In other cases, the head of the company faces administrative liability, since he did not have the right to lay off a woman who is on maternity leave. It often happens that employers do not even inform their employees that they are being laid off. And three years later, after maternity leave, she is confronted with the fact that her place has long been taken by another person. You can't do that. According to Art. 261 any termination of a contract at the initiative of an employer with an employee on maternity leave is simply unacceptable.

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What to do if the dismissal does take place?

What should a woman do if her employer still finds a way to lay her off after maternity leave? As soon as she finds out about the fact of layoff, contact the labor inspectorate. In addition, after being laid off, she can go to court to protect her rights. She is unlikely to return her position in this way, but it is quite possible to achieve financial compensation. What punishment is due to an employer for depriving a maternity leaver of her position? He will be charged a fine of 1 to 5 thousand rubles. If we are talking about an entrepreneur who is not a legal entity, the activities of his organization may be suspended for up to 90 days or he will be charged the same fine as for an official.

If the employer is a legal entity, then for deciding to lay off a woman who is on maternity leave, he faces a fine of 30 to 50 thousand or suspension of activities. Who holds an employer accountable for such an act against a woman on maternity leave? Labor inspectorate officials, not the ones affected by the layoffs.

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What if the company remains, but the position itself no longer exists?

Many people ask what to do if the company remains, but the services that the woman was involved with in her work are no longer available? In other words, there has been a reorganization: the company exists, but is now doing other things? By law, the position remains with the young mother. Even if this position itself no longer exists in the company.

This position is retained for at least the period of maternity leave. And to terminate employment contract Without consequences for themselves, the company's management, we repeat, can only do so in the event of complete liquidation of the company.

If a woman has left good relationship with the employer, it makes sense for her to talk to him personally on this topic before going to the inspectorate and/or court and indicate, without conflict, this point in the law. If a woman’s position is truly no longer in the company, the employer must, by agreement with her, offer her another place to work, i.e. another position. This must be a position in the same organization that matches the qualifications and skills of the employee. It is important that he is obliged to warn her about this no later than 2 months before this fact. Moreover, if a young mother leaves maternity leave before the child is 3 years old, she should still retain this position. A woman on maternity leave is required to maintain her place of work until the vacation is over.

In this matter, the law is on the woman’s side.

Is it possible to get laid off while on maternity leave? Women who are on maternity leave are considered the least socially protected category of citizens, so the state is trying to support them by introducing certain restrictions for employers on dismissing women on maternity leave.

Dismissal of employees on maternity leave

A reduction in the number of employees may be caused by a reduction in the volume of work, optimization of jobs or automation of the work process.

The employer has the right to terminate the employment relationship with the employee if his position is reduced. In this case, he must notify the employee in writing 2 months before the date of termination of the contract, in addition, if there are vacant positions, is obliged to offer a transfer to an empty seat. If the employee does not agree to the transfer or there are no vacancies, then upon dismissal the employer pays the employee severance pay.

Such measures are designed to provide the employee with time to search new job and support him financially during the period of lack of income.

The reduction of a maternity leaver, or rather the position she held before going on maternity leave, has no logical justification. While on maternity leave, a woman does not go to work, and the employer does not need to hire a specialist during her absence if the position is subject to abolition.

In order to notify an employee about the reduction of her position, it is necessary that she return from maternity leave. An employee on maternity leave has the right to return to work at will until the child reaches the age of 3 years. Therefore, even if she returned to work, this does not mean that, having sent a notice, she can be fired in two months.

Article 261 of the Labor Code Russian Federation guarantees are provided for women who raise young children under 3 years of age. Thus, women raising children under three years of age, single mothers raising children under 14 years of age, or disabled children under 18 years of age are not subject to dismissal due to staff reduction.

For reference! Dismissal of female workers specified in Article 261 of the Labor Code of the Russian Federation is possible only during the liquidation of the enterprise, when all employees are subject to dismissal.

If an employee returns from maternity leave when the child reaches 3 years of age, and she is not a single mother, then the employer can fire her after 2 months of notice.

A reduction in maternity leave is permissible only with the written consent of the employee.

In the countries of the Customs Union (Belarus and Kazakhstan), labor legislation in terms of guarantees for pregnant women and those on maternity leave is similar in many aspects, especially with the legislation of Belarus.

For reference! In Kazakhstan, the notice period for termination of employment due to layoff is 1 month.

What to do if the rights of a maternity leaver are violated?

If a woman, while on maternity leave, received a written notification from her employer that she is going to be fired due to a reduction in the number of staff, then she can safely apply for protection of her rights to the relevant authorities.

You can contact any of the following authorities:

• labor inspectorate;
• prosecutor's office;

You can send an application to the labor inspectorate by registered mail with notification or visit this institution in person. The period for consideration of the complaint is one month from the date of receipt. The Labor Inspectorate carries out an inspection of violations of labor legislation and, based on its results, issues an order that is mandatory for execution regardless of the form of ownership of the organization.

Another government body that oversees compliance with labor laws is the prosecutor's office. Contacting the prosecutor's office is in an efficient way to protect your rights. The period for consideration of citizens' appeals is no more than 30 days, and in cases where no additional verification and examination of documentation is required - 15 days. The prosecutor issues a motion obliging the employer to eliminate the violation of the law.

You can go straight to court, but you must comply with the deadline for filing a statement of claim, which is 3 months from the day the employee learned that his rights were violated, and in cases of dismissal - 1 month from the date of familiarization with the order to terminate employment relationships.

In the course of the activities of an enterprise or individual entrepreneur, a situation may arise when the position occupied by an employee who is on maternity leave or maternity leave (hereinafter referred to as UR leave and BR leave, and in general - maternity leave) has lost her relevance and this type work is no longer needed. The legislation establishes a ban on the dismissal of this category of employees, as stated in Article 81 of the Labor Code.

For employees on maternity leave, the state guarantees not only the payment of benefits, but also the preservation of their place of work and the position they held. In this regard, employers are placed at a disadvantage when, on their own initiative, they cannot not only terminate contractual relations with such employees, but also change their working conditions and functional responsibilities which they performed before going on maternity leave. The exception is the cases specified in the same law in Article 256, namely during the liquidation of an enterprise or when an individual entrepreneur ceases its activities.

Basic requirements for the job reduction procedure

Based on clause 2, part 1, art. 81 of the Labor Code, it is impossible to dismiss an employee who is on BR leave and UR leave due to a reduction in the number of employees of the enterprise. According to the general rules, the dismissal procedure for staff reduction is as follows: the employer notifies the employee of the upcoming reduction two months before the date of dismissal, simultaneously informing the trade union organization and the state employment service.

It follows from this that the employer, in any case, must wait until the maternity leave ends when the child reaches the age of three and only after that notify the employee of the termination of the employment contract concluded between them in two months due to staff reduction. In other words, the employee loses special status provided for by law after the end of the UR vacation, therefore, generally established actions provided for during layoffs can be applied to it.

It is worth noting that for such an action to be fully legal, it is necessary to offer alternative employment options in other positions or types of work. The proposal must be issued in the form of a notice and provided to the employee for review, in mandatory he should sign it, confirming the fact that vacant positions have been provided to him.

Further events can go in two ways. In the first, the employee returning from maternity leave agrees to move to another position provided. After which, appropriate changes are made to the employment contract in the form additional agreement. It indicates all the information about the new workplace and makes a corresponding entry in the work book.

In the second scenario, the employee who returned to work after maternity leave, having received a notice, refused to move to another position after two months. In this case, it is necessary to record the employee’s refusal in writing in order to document the fact of refusal, which will subsequently be considered grounds for dismissal. Otherwise, having fired an employee, you may be faced with a situation where he can be reinstated to work through the court, citing his desire to work in an alternative position and ignorance of the fact that it was vacant at the time of dismissal. Because, according to established judicial practice, the absence of a written refusal is interpreted in favor of the employee, and is considered as consent to work in other positions.

The Russian state pursues a policy to protect childhood and motherhood. For this purpose, laws were passed prohibiting reductions in maternity leave. Therefore, employers must be well aware and accurately comply with the legal requirements to ensure that expectant mothers and workers caring for children have the right to work.

Procedure for transfer to another position

Some employers make a common mistake by removing a position from the staff list after an employee goes on maternity leave, incorrectly believing that if he is not fired, but simply crossed off the position from the list, nothing will happen. But the law prohibits any manipulation with the staffing table if it concerns employees on BR leave and UR leave. In case of violation, the punishment provided for in Article 5.27 of the Administrative Code may follow.

Also, no one prohibits an employee from returning to work without waiting for the end of maternity leave. By law, he must be provided with the same position and the same working conditions as before going on maternity leave, so employers do not have the right to change anything unilaterally in this case.

A transfer to another position can be carried out only after the end of maternity leave and with the written consent of the employee to change working conditions. In any case, it is necessary to comply with the requirements of the law prohibiting transfers if new position contraindicated for health reasons.

Reduction during reorganization

Enterprise reorganization may occur in different ways, in which the subordination changes, as well as in the form of division, merger, accession or transformation, but none of them can become the basis for the dismissal of an employee. The legislation does not require the employer to necessarily notify employees about the upcoming reorganization, since a change of owner cannot become a basis for refusal to work. Therefore, dismissal and reduction in this case are carried out on a general basis. If during the reorganization process the name of the enterprise was changed, an entry should be made about this in the work book.

When merging several organizations or separating one enterprise from another, in all manipulations with the staffing table, the reduction of those positions occupied by employees on maternity leave is prohibited. A transfer to another job can only be carried out with the personal consent of the employee. Therefore, despite the fact that the law does not require mandatory notification of employees regarding the upcoming reorganization, experts advise doing this for key positions that may be reorganized.

This will enable employees to get acquainted with the future prospects and make a timely decision on agreeing or refusing to transfer to another position. In this case, it becomes possible to carry out a job reduction during maternity leave, after receiving written consent from the employee on maternity leave to transfer to another position, but not by staff reduction, but by at will. Then there will be no violation of the law.

This measure is valid until the end of the UR vacation. After an employee begins to perform his duties, he is subject to general rules. He may be fired if he does not agree to move to another position. After notifying two months before the start of a reduction in the number of employees of the enterprise, upon notification of the availability of alternative places of work.

What must an employer offer to a maternity leaver when her position at the company is reduced?

The term “decree” itself is absent in the legislation, being, in fact, popular name maternity leave. However, the rights of women on maternity leave are clearly stated in the law, and everyone should know them to the expectant mother, because “forewarned is forearmed.” Alas, it is not uncommon for women on maternity leave to be laid off. Some - after the liquidation of the enterprise (which, in light of political situation, is not uncommon today), others - with light hand unscrupulous employer.

Can a maternity position be reduced?

Future and established young mothers who are worried about their jobs can rest easy - the employer has no right to lay off an employee who is on maternity leave. In addition, for this category of employees the legislation provides for additional guarantees and legal protection against dismissal .

1. A woman on maternity leave has pre-emptive right to be dismissed “in the last ranks” during layoffs.
2. The employer is obliged to offer the maternity leave all other vacancies that are available. Which the maternity leaver has the right to refuse (if they do not suit her).
3. The only case in which an employer is able to lay off maternity leave legally is through liquidation of the company. But even in this situation, his sacred duty is to warn about the reduction at least 2 months in advance.
4. An employer can fire a woman on maternity leave due to job reduction only after she returns to work. That is, after the expiration of maternity leave, on the first day of returning to work, he can begin the procedure for registering a reduction in her position. Notice of future layoffs is given 2 months in advance (for staff reductions), 2 months before the liquidation of the company (in case of its liquidation). You can also be fired due to violation labor discipline or at your own request.

Read also: How to calculate piecework wages

What to do if your position was made redundant during maternity leave

If, while on maternity leave, you learn that your position has been reduced, you should remember: the employer is breaking the law .

1. You have the right to submit statement of claim to court about violation of your rights.
2. You must be reinstated at work.
3. You have the right to compensation for being deprived of the opportunity to work in the amount of your average earnings from the date of your dismissal until the day you are reinstated at work. And also for compensation for moral damage.
4. You also have the right to claim the difference in child care benefits. The difference between benefits for a working woman and an unemployed woman can be significant.
5. If a claim is filed, the payment of legal costs falls on the shoulders of the employer.

1. You should go to court within 1 month from the day you learned that your rights were violated (the period established by the Labor Code of the Russian Federation).
2. The missed deadline can be restored again in court (you have a good reason).

Reduction and maternity leave upon liquidation of an enterprise

Such a right as reducing maternity leave during the liquidation of a company is assigned to the employer by law. Therefore, yes, they can fire you. But only if the entire procedure is strictly followed, including due payments. What does a maternity leave need to know in this “fire” case, and what can you count on?

1. About anyone structural change Each employee must be notified 2 months in advance. Moreover, under a personal signature.
2. After the expiration of the 2-month period, orders for reduction are issued, and in work books appropriate entries are made with the reasons for the reduction.
3. The reduction procedure must be strictly followed from the initial to the final stage.

Subject to reduction due to the liquidation of the company, the maternity leaver is entitled...

1. Compensation for each vacation not taken during the entire period of work in the company.
2. Severance pay (it is equal to 1 average monthly salary).
3. In the 1st and 2nd months after dismissal - payment in the amount of average monthly earnings for the period before official employment.
4. In the 3rd month - a payment equal to 1st average monthly earnings is also due, provided that: 1 - the maternity leaver is registered with the employment center within 2 weeks after the layoff, 2 - at the time of the 3rd month After the dismissal, the maternity leaver was never employed.
5. Child care benefit for the entire period, even if it has not yet expired.

What to do if benefits are not paid for one reason or another (the employer is hiding, the company is not liquidated, but does not work, etc.)?

In this case, the maternity leaver can receive maternity payments from the Social Insurance Fund.

1. Certificate of incapacity for work. If it is not available (for example, it remains with the employer), a duplicate of the document is obtained from the doctor.
2. Salary certificate. In the absence of it (for example, the organization no longer exists, and on the day of dismissal they did not have time to receive it), the FSS makes a request for a corresponding application to the Pension Fund for contributions.
3. If the insurance period is at least 6 months (it will need to be confirmed), benefits are required to be paid in the amount of 100% of earnings (average monthly). With a shorter insurance period, the benefit amount will be equal to the minimum wage.

The same actions apply if child care benefits are not paid. True, “sick leave” will no longer be required.

Much the situation is more complicated, if the company is not actually liquidated (that is, not excluded from the Unified State Register of Legal Entities), but the location of the employer is unknown, the company itself does not have a legal address, and there is no activity. In this situation, you will not be able to contact the FSS.

1. Go to court.
2. Receive the court decision + writ of execution.
3. Contact the bailiffs, who, in turn, begin enforcement proceedings, search for the company’s property, bank accounts, etc.
4. After establishing the fact of the absence of property, the bailiffs issue a resolution to terminate the enforcement proceedings.
5. Now you can contact the FSS, taking with you the court decision and the bailiff’s ruling that it is not possible to find the employer and his property.
6. If the missing employer was nevertheless found, then further development The situation will depend on the availability of money in his accounts or the availability of property.

Unfortunately, this process is not quick, so it is better to decide right away whether you are ready to spend your time and, most importantly, your nerves (especially at such an important time for you) to defend your rights.

1. The period for applying for payment of maternity benefits is the period limited by the sick leave and another 6 months after its end.
2. The deadline for applying for payment of child care benefits is no later than 6 months after the baby turns 1.5 years old. That is, before your child turns 2 years old.

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Reduction on maternity leave

Pregnancy, childbirth, child care - all these stages are popularly called maternity leave, although there is no such concept in the legislation.

There are two types of leave related to maternity, during which the employee retains her position and workplace:

1. Maternity leave (MPLE) is granted to a woman approximately two months before the expected birth and lasts from four to six months. Its duration depends on the number of babies born at the same time and the mother’s recovery after childbirth.
2. Parental leave (CLE) ends when the child reaches three years of age, but is paid only up to one and a half years.

During these vacations, the employee retains her job, and she can be fired during this time only with her consent, or with the complete liquidation of the enterprise.

When only a branch or subsidiary company ceases operations (even if the maternity worker worked there), this is not grounds for layoffs.

Can they get fired?

There must be compelling reasons for dismissing an employee, and very, very compelling ones for dismissing a woman on maternity leave.

Moreover, not only the mother, but also the child’s father or another person can be in the OPUR close relative. They will be entitled to the same rights as a mother caring for a child, and it will be very difficult to dismiss such an employee.

1. At the initiative of the employee. the basis is a statement voluntarily written by him. Often, employers try to convince a woman on maternity leave to draw it up, but this action would be unreasonable on her part.
2. By agreement of the parties. The name speaks for itself; voluntary consent of both the employee and the employer is required. An employee who does not agree with such dismissal has the right to challenge it with the labor inspectorate.
3. By job reduction. Such dismissal can occur for a maternity leave only when her baby turns three years old, and not a day earlier.
4. When liquidating an enterprise, it is completely legal to lay off any employee. A non-existent company cannot maintain a workforce, but even this dismissal is a rather complicated procedure, with its own nuances, which will be discussed below.

So, a woman on maternity leave can be laid off only if the company in which she worked is completely liquidated. They can also fire her at her own request, but the desire is unlikely to arise.

Legislation

Women, pregnant women and caring for children constitute the most vulnerable category of citizens.

Therefore, the legislation has developed a number of privileges and benefits aimed at protecting the professional interests of such employees:

• Labor Code of the Russian Federation;
• Article 255 of the Labor Code of the Russian Federation regulates the rights of an employee staying at the “OPBR”;
• Article 256 of the Labor Code of the Russian Federation protects the rights of workers in the “OPUR”;
• Article 261 of the Labor Code of the Russian Federation on guarantees for pregnant employees and persons caring for children;
• the size and timing of maternity payments is stated in the Order of the Ministry of Health and Social Services. development dated 12/23/2009;
• liability for violations of labor protection and labor legislation provided for in Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Read also: Annex to the employment contract - sample

Any unlawful tricks of the employer can be appealed in court. The employee will be reinstated and the employer will bear serious responsibility. But whether their further cooperation will be promising is a big question.

Women's rights

Termination of an employment contract at the initiative of the employer is prohibited by the Labor Code of the Russian Federation with the following categories of citizens:

• mothers with young children under three years of age;
• pregnant employees;
• single mothers whose children are under fourteen years old;
• single mothers with disabled children under eighteen years of age.

There are only two exceptions here:

• liquidation of the organization;
• gross violations on the part of the employee (theft, falsification of documents, immoral behavior, etc.)

Mothers whose children are under one and a half years old have the right to paid breaks from work to feed the child and are involved in overtime work and business trips only with written voluntary consent. In addition, they should not work on holidays and weekends.

The following may refuse business trips, work overtime, on holidays and at night:

• mothers of children under three years of age;
• single mothers until the youngest child is five years old;
• mothers of disabled people until the sick child reaches adulthood.

The latter are also entitled by law to four days off, additional and paid.

Employees with small children have the right to count on payment of sick leave to care for a sick child. Employers are not at all happy about this fact, but the law is clearly written and is not subject to discussion.

Reduction during maternity leave

Can they be laid off while on maternity leave? Only in exceptional cases:

• liquidation of the enterprise;
• bankruptcy of the employer (in this case it would be better to resign of your own free will, since you sometimes have to wait a very long time for severance pay and other payments from a bankrupt employer);
• termination entrepreneurial activity employer.

In all the circumstances described above, the employer is obliged to notify the employee two months before the event, and in in writing(sometimes by registered mail) and against signature.

During this period, a woman can find a new job or register with the employment center, while maintaining child care benefits.

During reorganization

During a woman's maternity leave, various changes may occur in the company where she worked. These changes often make adjustments to job responsibilities and the size of the workforce. But here, too, the rights of women on maternity leave are protected by law.

The Labor Code of the Russian Federation clearly states that the employer does not have the right to dismiss an employee who is in the OPBR and OPUR when reducing staff.

Which organizational changes would not occur in the company, women on maternity leave are inviolable. Throughout their vacation, they retain their position and seniority.

Sometimes employers try to be cunning and persuade an employee to leave her job, proving the inevitability of dismissal. You should not give in to such persuasion; until the baby is three years old, his mother has no right to fire her.

The answer to the question whether a position can be cut during maternity leave is clearly no. The employer will have to wait for the employee to return from maternity leave and notify her in writing of the reduction of her position.

And only after two months can a legal reduction take place, but during this period the employer is obliged to offer the woman alternative positions and vacancies.

If an employee refuses new offers from the employer, this fact must be documented. This will be the basis for dismissal.

In the absence of offers from the employer, the employee will be able to be reinstated in her position through the court, explaining her dismissal by failure to provide information about vacancies suitable for her.

A woman should know how many days later maternity pay is due according to the law.

Will maternity pay be paid for up to 3 years? Find out here.

Upon liquidation of an organization

In the event of liquidation and termination of activities, the enterprise ceases to exist, and all employees without exception are subject to dismissal. But if only part of the company is liquidated, women on maternity leave cannot be laid off.

The founder of the main enterprise continues to be their employer and fulfill the obligations assigned to him.

Two months before the liquidation of the organization, all employees, including women on maternity leave, are sent written notices, familiarization with which takes place against the signature of the employee.

Until the company is deregistered, all employees retain the right to extend their seniority and all required payments, including payment of insurance and pension contributions.

When a company is liquidated, all employees are given the following on the day of dismissal:

• dismissal order;
• certificate of wages over the past two years;
• full cash payment, including unused vacation days and severance pay.

If the employer fails to comply with the conditions dictated by law, employees of the liquidated company can also turn to the courts or the labor inspectorate to protect their professional and civil rights.

Transfer to another position

Many employers are mistaken in considering it possible to abolish the position of a maternity leaver or transfer such an employee to another position. Such actions are considered illegal and contradict the Labor Code of the Russian Federation.

At the end of maternity leave, the employee must return to her workplace while maintaining her position and all working conditions.

The employer does not have the right to change the terms of the contract with a maternity leaver labor agreement at your own discretion.

However, he may offer an employee on maternity leave a transfer within the company to a similar or more prestigious position.

With her written consent and on the basis of her written application, transfer is possible, but only after the end of the maternity leave and in the absence of contraindications due to the woman’s health.

After release

At the end of maternity leave, a woman loses her “professional integrity,” and employers often try to take advantage of this.

They motivate their actions by the fact that during the long absence the employee lost her business acumen and qualifications.

In reality, everything is much simpler: employers do not favor workers with small children due to frequent notices and refusals to work overtime, on holidays and weekends. The best way out is to get rid of the woman, sometimes it comes down to intimidation and moral pressure.
In such situations, you should contact the courts.

The employee’s incompetence will need to be proven, as well as an explanation of what the employer did to restore her qualifications. As practice shows, the vast majority of such disputes are resolved in favor of young mothers.

An employer cannot force a woman to leave maternity leave early and replace this leave with monetary compensation.

What payments are due?

A maternity leaver can be legally dismissed for only two reasons, but in any case, all documents must be correctly completed and all due payments must be made.

Upon dismissal at the initiative of an employee, a woman is given:

• work book with the corresponding entry;
• salary certificate (at the woman’s request);
• full cash payment, including maternity payments (if they have not yet been received) and payment of all unused days of annual leave.

When liquidating an enterprise, the cash settlement consists of:

• severance pay in the amount of one average monthly salary;
• payment sick leave for pregnancy and childbirth (if it has not yet been paid);
• payments for all days worked and unused annual leave.

Dismissal after maternity leave is a violation of the law.

Are unemployed people entitled to maternity leave in 2016? Read here.

How can an individual entrepreneur get maternity leave? Detailed information in this article.

A woman who quits her job should register with the Employment Center. There she will be offered a choice of one of the benefits (unemployment or child care), and will also be provided with information about new available vacancies.

This service will definitely help in finding a job, and perhaps a woman will have better luck with a new employer than with the previous one.

Video about dismissal issues

Is it possible to reduce the position of a maternity maid during maternity leave?

The legislation provides for women on maternity leave the opportunity to go on vacation without worrying about being deprived of their job during this time. Women on maternity leave cannot be dismissed at the request of the employer. This is stated in Article 261 of the Labor Code.
Questions about what is the procedure for dismissing women who are released from work due to child care, and on what grounds they can be fired, are explored in detail in this article.

Reduction upon liquidation of a maternity leave company

The procedure for layoffs for women on maternity leave is set out in labor law norms. As a general rule, it is impossible to dismiss them at the request of the employer. But still, dismissal can be made in the following cases:

• At personal request;
• Upon liquidation of an enterprise;
• For committing a gross act: absenteeism, showing up at work drunk or under the influence of toxic substances;
• Committing theft in the workplace;
• Committing immoral acts if the work is educational in nature;
• Based on negative assessment findings regarding the employee.

The main part of the reasons is related to the negative behavior of the maternity leaver.
The dismissal procedure is the same, regardless of whether the employee works full-time or half-time.

In a situation where a woman is diligent and disciplined at work and does not allow any violations, it is not easy to terminate an employment relationship with her.
Sometimes it happens that the new staffing schedule in an organization involves a reduction in the position that is being filled by a maternity leaver. The woman is given notice 2 months before dismissal. The position she occupies is being reduced, but she can be fired only after she returns from vacation, no matter how much the employer would like it. In this case, it will be necessary to offer her other vacancies in the company or transfer her to another job in the same company.

Reduction of maternity leave upon liquidation of an enterprise - payments

When an organization is liquidated, positions are not offered to dismissed employees. Women on maternity leave, as well as other workers, are sent a notice of layoff no later than 2 months. Liquidation of a company is the only reason for terminating a contract with a woman on maternity leave, at the request of the employer.

I don’t know what the leaders of organizations that are trying to think lay off an employee on maternity leave. Legally this is impossible. Reduce on maternity leave- this means getting a lot of hassle, a fine, paying average earnings woman for deprivation of the opportunity to work and compensation for moral damage. If a woman who laid off on maternity leave If you contact us, lawyers, you will 100% win your case. The employer will have to reinstate her and pay all amounts due!

Dear women! If your employer calls you and says that your position has been reduced while you are on maternity leave or parental leave, come and receive documents, then at least this unpleasant situation, but not hopeless. The employer is clearly wrong and breaking the law. What does this mean?

This means that you can file a lawsuit to restore your rights. You will be reinstated at work, you can demand compensation for deprivation of the opportunity to work in the amount of average earnings for the period from the day of dismissal to the day of reinstatement, compensation for moral damage. You can also claim the difference in child care benefits between what you should have received as a worker and what you received as an unemployed person. And this difference can be significant.

Can they be laid off while on maternity leave?? They can! But this is illegal! And this can only be done by an employer who does not know the laws and is not aware of the consequences, or one who expects that you do not know your rights or will not do anything.

But now you know your rights! That's what this article is for you! Read another one, from it you will learn that you belong to the category of workers who cannot be laid off.

It often happens like this: you want to get out of maternity leave, but the employer says that you have nowhere to go because your position has been reduced. Know that while you are on parental leave, your position cannot be reduced and the employer is obliged to provide you with your previous position, whether he wants it or not.

Where to go if you were laid off while on maternity leave?

It is clear that a woman on maternity leave has no time for courts, lawsuits, etc. things. That is why there are specially trained experienced people - lawyers who will draw up a claim, and come to your home to conclude an agreement and obtain the documents necessary for the court, and will go to court for you, and will receive a court decision, a writ of execution, and will carry out everything other necessary procedures.

In particular, we work this way, knowing full well that it is difficult for you and a small child to deal with the process yourself. The services are naturally not free, but believe me, it's worth it. With our help, you can not only get back to work if you laid off on maternity leave, but also get money. In addition, the costs of our services will also be presented in court. If you do not have the funds to pay for our services right away, we can offer you an installment plan.

There is no need to pay state duty for such cases.

What is the deadline to go to court if you are laid off while on maternity leave?

The Labor Code sets a period of 1 month for the protection of violated rights in cases of dismissal. from the day the employee learned of the violated right. You can ignore telephone notifications, since the Labor Code only provides for written notifications. If it suddenly turns out that the deadline has been missed, then you can restore it in court. After all, you have a good reason for missing: you are on maternity leave for a small child. So in your case, the court will most likely restore the term.

So, if you have been laid off while on maternity leave, contact us urgently.

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What are you entitled to?

Describes guarantees for a pregnant woman and persons with family responsibilities (including women caring for a child under 3 years old) upon termination of an employment relationship.

According to it, an employer can unilaterally terminate a contract with a woman on maternity leave only in the event of liquidation of the organization or termination of activities by an individual entrepreneur.

Termination of trade agreement with an employee upon liquidation of the organization

Reference. According to the Labor Code of the Russian Federation, termination of an employment contract with a pregnant woman, as well as with a woman on maternity leave for up to 3 years, is impossible at the request of the employer.

However, if an organization or firm individual entrepreneur is liquidated, the employment contract with the maternity leave is also terminated.

Like other employees of the organization, a woman on maternity leave must be notified of the liquidation of the enterprise at least 2 months before the occurrence of this event. After termination of the contract, the employer must pay employees severance pay in the amount of double average monthly salary.

Can they be removed from office when moving from one maternity leave to another?

The Labor Code of the Russian Federation stipulates that while an employee is on maternity leave or childcare leave, she retains her job and is paid benefits.

There are times when, while on maternity leave to care for one child, a woman learns about a new pregnancy. Then the employee is entitled to another maternity leave, but Labor Code It is prohibited to be on two vacations at the same time.

To get out of this situation, they usually interrupt maternity leave for the first child and replace it with labor and labor leave, after which the employee goes on another maternity leave, but this time for two children. To do this, the woman should write a corresponding statement.

The guarantees of job security in this case are the same as during the first pregnancy.

If staff numbers are reduced

When it comes to downsizing, the employer faces a choice:

Important to remember that an employee cannot be fired, even if the employer did not know about her pregnancy at the time the decision to lay off was made.

If a woman, not knowing about her pregnancy, was fired, and then provided a certificate confirming her position, the employer issues an order to reinstate the employee. You just need to make sure that the gestational age indicated on the certificate confirms “ interesting situation» as of the date of reduction.

In cases where staff reduction has just begun, it is enough to simply cancel the reduction of the position of the pregnant employee. If a new staffing table has already been drawn up, With written consent, a maternity leaver can be transferred to another position.

When and how can a maternity leave be laid off?

A woman on maternity leave or maternity leave three years, cannot be shortened. Exceptions are if she agrees to leave of her own free will during layoffs, or dismissal due to the liquidation of the enterprise. These rights are guaranteed according to Art. 261 Labor Code of the Russian Federation. Let's consider how an employee of an organization who is on leave to care for a minor child can be legally laid off.

Read about whether it is possible to lay off a woman with a child under 3 years old, and from there you will learn whether a worker on maternity leave can be fired.

Due to the liquidation of the company

Liquidation of an enterprise involves the complete cessation of its activities. For this purpose, the company is excluded from the Unified state register legal entities, report liquidation to the tax authorities, pension fund and Social Insurance Fund, and also notify the public by publishing a message in the press. In other words, this is a long and complex process.

Just a note. No less labor-intensive is the reduction of employees of a liquidated company. The complete cessation of a company's activities means the termination of labor relations with all its employees. This also affects preferential categories of employees, since the company cannot provide them with other jobs.

Besides, The Criminal Code of the Russian Federation establishes liability for unjustified refusal to hire and unjustified dismissal of a pregnant employee or an employee with children under three years of age (Article 145 of the Criminal Code of the Russian Federation).

Fortunately, Russian legislation stands guard over the interests of a working woman who has decided to have a child. A woman on maternity leave can be fired only at her own request or in connection with the liquidation of the enterprise.

In any case, you should carefully consider the dismissal procedure, correctly draw up the necessary orders and pay the dismissed employee the compensation she is entitled to.