Can I Dismant Pregnant Woman?

Very often the future mother faces the problem of the prospect of losing her job, that is, to remain without all payments and length of service. Moreover, if the employer is unfair, poorly knows the legislation, or is sure that some laws he can bypass or simply not notice. Earlier, cases of dismissal of pregnant women were very frequent, but today women know their rights, they are fighting for them and, moreover, are successfully defending themselves!

If an employer is going to dismiss a pregnant woman

It's simply impossible! According to the Labor Code and Article 261, entitled "Guarantees for pregnant women and women with children, upon termination of employment contracts," where it is clearly stated that the termination of an employment contract with a pregnant woman at the employer's will is not possible, except in such cases as Complete liquidation of the organization. In the event that the term of the employment contract expires immediately during pregnancy, the woman needs to write a statement where it will be said that she wants to extend it. According to the data of this article of the Labor Code, in the event that the expiration of the fixed-term employment contract occurs during pregnancy, the employer is still obliged to extend the term of the contract at the request of the latter before the legal right to a holiday that is intended for pregnancy and childbirth.

If forced to write a statement of their own free will

Sometimes there are such difficult situations when the management forces a woman to write a statement that she asks to be dismissed at her own request. Otherwise, the employer threatens to dismiss the woman either for non-performance of labor duties, or because of other similar violations.

To finally persuade the pregnant head can take advantage of Article 81 of the Labor Code, where there is a long list of all possible reasons for dismissal. Do not be afraid of this, because in response to such careless leadership it is possible to appeal the same article No. 261 of the Labor Code, which is the basis for the impossibility of dismissing a pregnant woman for all reasons given in Article No. 81. The only thing a chief can do is to deprive Pregnant premiums, allowances, parts of wages.

If they are going to dismiss a pregnant woman who is on probation

A pregnant woman who is on probation is also protected. Regardless of whether she was pregnant before she was hired, or pregnancy occurred during the probation period. According to the Labor Code and Article 70, which is called a "Job Testing", an employer has no right to dismiss a woman "in the position" that passes the test when applying for a permanent job. That is, the employer has no right to fire a pregnant woman, like the one who did not pass the probationary period. And it does not depend on when it was the leadership that received the news about your "interesting situation".

If the employer does not hire a pregnant woman

According to the Labor Code and Article No. 170, it is forbidden to refuse a pregnant woman when hiring, unless there are no more motives other than her position. This rule of the law is often violated by the employer. In fact, to achieve its implementation is extremely difficult, almost impossible. Despite the fact that refusal can even be appealed in court, the employer will always find an excuse for his justification - he will not be associated with the pregnancy of a potential employee. The motive can be any: "absence of vacancies", or "the qualification did not fit." But do not forget that the law provides for criminal liability for a refusal - this is a fine of up to 500 minimum wages for the refusal to employ a pregnant woman (as well as for her illegal dismissal). True, let's say frankly, the cases when the employer mono was brought to criminal responsibility, in practice, are single.