Can a pregnant woman be discharged on probation? Is it possible to dismiss a pregnant woman after the probation period? Do they have the right to fire if they become pregnant on probation?

Can a pregnant woman be discharged on probation? This question interests many, because pregnant women are vulnerable citizens. They are endowed with certain privileges, and especially with respect to employment. But not many know about them, accordingly, it needs to be corrected. If you violate rights, you can complain about the employer, and he will incur a certain responsibility. What are the rules in Russia regarding the dismissal of pregnant women? Is the employer able to refuse such an employee on probation?

Eternal problems

Employment is an important moment in the life of every citizen. Only with pregnant women, employers often have problems. The thing is that such employees will have certain rights after employment. About them a little later. And this will prevent in the case of what to treat the subordinate as well as with all the other staff in the company.

Therefore, employers, in principle, do not like pregnant women and try not to contact them once again. Is it possible to dismiss a pregnant woman on probation? It is difficult to answer this question. After all, there are so many different situations, and depending on them, the answer to the question will change.

Probationary period: how much it is compulsory

The fact is that the trial period is something that is not always used for employment. But recently such a measure is becoming more popular. In order not to wonder whether a pregnant woman can be dismissed on probation, it is recommended to choose a job that does not require the passage of this period. Only to make it is not so simple.

In some cases, the trial period may be removed, but this is an extremely rare phenomenon. In addition, it should be noted that sometimes not only the employer, but also the pregnant woman herself, can not have an idea about the "interesting situation" of the new employee. Therefore, much depends on the situation.

Not in the know

Is it possible to dismiss a pregnant woman on probation? In fact yes. Such an opportunity takes place if it is a situation in which no one knows about the "interesting situation" - neither the pregnant woman herself nor the employer.

In this case, the chief has the full right to remove the employee from performing job duties both during and after the trial period. He will not bear any responsibility.

Only if a woman decides to recover after she finds out about pregnancy, she will have to take it back. After all, in Russia, pregnant women have such a right. What exactly is it about? It turns out that the employer can not withhold a pregnant woman in employment. More precisely, he does not have the right to do this.

In the course of the case

In general, whether a pregnant woman can be dismissed on probation is a difficult question. A lot of factors can influence the response. So, the Labor Code of the Russian Federation provides for various rules on this issue. And they have to study both the employer and the subordinates.

If a woman was aware of her pregnancy, she should report this to the boss. Otherwise, there is a risk of dismissal. It is impossible to dismiss a girl in an "interesting position". Neither during the probationary period, nor after it. Only on the application of the employee herself, which is extremely rare. Therefore, if the employer and the employee were aware of the pregnancy, then no one can select the workplace from the latter.

But when a woman knew about the "interesting situation", but did not tell the employer, and he dismissed her from work or even broke the labor relations, the boss has nothing to fear. He acted according to the law. But, again, at the request to restore the worker at work should.

During the trial period

Can they fire if they become pregnant on probation? It is also an ambiguous situation. If no one knew about pregnancy, then the girl could be dismissed. But at her request, then there is a restoration in the workplace.

But if a woman was aware of her situation, no one is able to remove her from work. Not during the probationary period, nor after that. It turns out that in reality the employer does not have the right to dismiss an employee who is in an "interesting position". This right remains for the subordinate. Is it possible to dismiss a pregnant woman on probation? No. Only by her own will. That is, if she independently writes a statement of dismissal, then it will be possible at any time to terminate the employment relationship. And nothing more. Similar rules are specified in the Labor Code of the Russian Federation.

Pregnancy and probation

So, if there was not a personal statement about the dismissal from the worker herself, the answer to the question whether a pregnant woman can be dismissed after a probationary period is always negative. You can not fire a woman who is expecting a child.

And what if she already came to be pregnant for employment? By law, the employer can not refuse her this privilege. That is, the workplace for the new employee in an "interesting position" should be provided. This is a fact known to all for a long time.

But can a pregnant woman be dismissed on probation? No. And all this is due to the fact that the Labor Code in principle prohibits the introduction of these conditions for pregnant women. That is, if the potential employee is already in an "interesting position", the boss must take her to work without a probationary period. And it does not matter, there are initial tests when finding a job in this company or not.

But what about the tests?

There are some more nuances of the situation under study. For example, a positive answer to the question whether an employer can dismiss a pregnant woman on probation is provided that neither the boss nor the future mother is aware of the "interesting situation". And then the employer will be required to restore the employee in the workplace on demand.

And what if, during the probationary period, a pregnancy was discovered? It was said that you can not dismiss a woman. But at the same time, one can not neglect the established laws in the country. The Labor Code for pregnant women abolishes all probation periods.

So what should a girl who learned about pregnancy during the test? She has the right either to leave her own work, or to start work. In other words, the trial period should be immediately terminated. Otherwise, you can complain about the employer.

Problems of proof

So, can a pregnant woman be dismissed on probation? No. And all tests must be terminated immediately. And if the employee is still fired, she has every right to complain about her employer. Only here it is necessary to face one problem. It's about proving that the employer, precisely because of pregnancy, fired the employee and that he was aware of her "interesting situation."

Therefore, it is far from always possible to win a case. After all, many women hide their pregnancy to the maximum, just being afraid that they will be fired as soon as they learn about it.

Reality

Can a pregnant woman be dismissed on probation? By law - no, but in reality, unfortunately, yes. After all, as has been said, reality and legislation sometimes diverge. Employers try to do everything to make it impossible to prove their guilt.

Most often, pregnant women are given a trial period. Moreover, such an employee will have to work under the same conditions as the other subordinates. This is illegal, but this practice is common throughout Russia.

If it is necessary to dismiss an employee who is in an "interesting position", then there are several techniques that are actively used by the bosses. The first is the usual dismissal. After all, it's unlikely that anyone will sue. Pregnant not before.

The second is bringing the worker to an independent decision to resign. Also illegal, but more "honest" reception. After all, the Labor Code can not be dismissed on its own initiative pregnant woman. Only at her request is it possible. So, in order not to have problems with the law, you just need to bring a person to the point that he does not want to work.

Temporary employment contract

Whether pregnant can be dismissed on probation, it seems to be clear. But employers are rather dodgy. So, in some situations, companies enter into temporary employment contracts with potential employees. All this is done to hide the trial period. Accordingly, the court will have to prove that the contract is concluded officially and without this intent. This is not so easy as it seems. For example, a company should generally not have a probationary period.

But you should know that even with a temporary employment contract to dismiss a pregnant woman is not so easy. Even if the employer has actually concluded such an agreement with a subordinate, until the end of pregnancy, it will not be possible to exclude her from the company. Especially if a woman does not write an application for withdrawal at will.

There is an exit

Are they entitled to dismiss a pregnant woman on probation? Absolutely not. But there is one exception, which in practice is extremely rare. The fact that a pregnant woman can be dismissed only when the company is liquidated, together with all employees. And this is the only legal basis that holds.

That is, if it is a question of dismissal in connection with the liquidation of the organization, then it is possible to dismiss pregnant women. Preliminary terminates the probationary period (after submitting a certificate from the doctor, which confirms the pregnancy), then the girl is formalized employment. And only after that there is a dismissal in connection with the liquidation of the enterprise.

Perhaps this is the only time when anyone can be dismissed. Otherwise, women in the "interesting situation" have special rights. Everybody should know about them.

Rights of pregnant women

What can a pregnant woman expect at all? What points should I look for first? Pregnant women are entitled to:

• Guarantee of employment;
• Complete absence of probation;
• Impossibility of dismissal on the initiative of the employer (even with absenteeism);
• Additional breaks;
• Light work;
• Part-time work;
• maternity leave;
• Allocation of time for visiting a doctor in a women's consultation;
• Transfer to a more suitable position with preservation of earnings.

If there are no vacancies that could fit a pregnant woman, you can not go to work at all and at the same time receive money. The employer must find a place for the pregnant employee, otherwise he will pay her in full the periods in which the subordinate did not really work, but should. No one can dismiss her. Such rules are dictated by the Labor Code.

Now it is clear whether a pregnant woman can be dismissed on probation. By law - no, in practice, alas, this happens. Moreover, many do not take pregnant women at all. With them, then a lot of problems with the boss arise. And despite the illegality of such actions, no one complains about them. After all, even in the case of successful employment, it is possible that the employee will not be brought to the notice of dismissal at his own request.