Dismissal in connection with the liquidation of the enterprise. Dismissal of pregnant women during the liquidation of an enterprise

During pregnancy, women's thoughts are not always busy with work. Endless trips to doctors, hospital, long vacation - it's no surprise that some unscrupulous employers try to get rid of such employees. Is it possible to dismiss a pregnant woman? How can a future mother protect her rights? Is it possible to lay off when liquidating an enterprise?

Pregnancy and Career

Often, finding a new job, a woman does not even think about the imminent expansion of the family, but in life everything happens. Well, while working in the team for quite a long time and having a stable financial situation, almost everyone begins to think about it, especially if in her personal life everything is fine. In general, sooner or later, almost every representative of the fair sex is faced with the issue of combining careers and pregnancy.

This period is quite complicated for any woman, even if she is an excellent specialist and a professional in her business. She becomes extremely vulnerable both physically and emotionally, so it is not surprising that the labor legislation is so rigid in terms of the relationship of the employer and the employee waiting for the addition.

Meanwhile, for colleagues and bosses, the news of the imminent maternity leave may not be so joyful. Despite the fact that in the financial sense of the company does not bear any costs, most small businesses prefer not to hire young married girls just in connection with the probability of an early departure for maternity leave. At the same time, the employer has a need to look for an employee for replacement, to pay the legal funds, which the social insurance fund compensates only after a while ... In general, a good relationship between the boss and the female subordinate going on maternity leave can deteriorate sharply. And then the expectant mother will have to worry about protecting her rights and find out what the employer can do to get rid of it.

Possible dismissal of pregnant women

Since all the grounds for termination of labor relations with the employee listed in Article 81 of the LC RF are not applicable to expectant mothers, there are not so many options for how to get rid of them. By the way, the law does not distinguish between those employees who became pregnant before and after employment. However, this does not mean that in the interview process it is necessary to withhold this fact in response to a direct question.

First, through pressure and threats, one can try to force one to write a pregnant application for dismissal at will. As the Labor Code indicates, dismissal in this case is absolutely legal, but a woman can apply to the appropriate authorities and report a violation of her rights. The main difficulty is to prove that there was a compulsion to leave - this duty falls on the very victim.

Secondly, this is an urgent labor contract. Many employers consider it a panacea, allowing to dismiss an employee after his graduation, regardless of whether she is waiting for the child or not. But this is not so, especially if the future mother is shod in the issues of labor legislation. Having informed the employer in advance about the fact of their pregnancy, the woman has the right to extend the contract until the end of pregnancy. Nevertheless, immediately after birth, the effect of this document is terminated.

Thirdly, this is the termination of the contract by mutual agreement. This option almost completely repeats the first, that is, to dismiss a pregnant woman in this way is completely legal, if she wants to continue working, it is impossible.

Finally, another possibility is the reorganization or liquidation of the company. And, according to the Labor Code, dismissal of a pregnant woman only in this case and with observance of all her rights will be legal. But since there are specific features and difficulties, it is worth considering these options in more detail. If to speak in general, dismissal of pregnant women at liquidation of the enterprise is feasible.

Probation

Some employers believe that in the first few weeks after hiring, after discovering the fact of pregnancy, the employee can easily be dismissed, saying that she does not fit. But they forget that the trial period is illegal for expectant mothers and those who have children under the age of 1.5. The task of the woman in this case is to notify the employer in a timely manner of the changed circumstances and ask to make his necessary changes to the employment contract. It is best to send a registered letter to the organization, as well as provide a medical certificate. Thus it will be possible to defend one's rights even in court, proving the fact of a timely notification, which took place before the supposed termination of the trial period.

Elimination of

Sometimes, due to the termination of the license or in connection with bankruptcy, the company ceases to operate. In this case, all employees, without exception, lose their jobs, including future mothers, as well as those who are on parental leave. At the same time, it is necessary to make sure that there is no succession to other legal entities, because in this case pregnant women should be offered a position corresponding to their knowledge and skills. If the transition does not take place, the woman, alas, will lose her job. So dismissal of pregnant women at liquidation of the enterprise is absolutely lawful.

By the way, similarly, the law also applies if the branches and representative offices of the company located in another locality are closed. That is, if the head office of the organization is located in Moscow, and the structural unit is in Yekaterinburg, then dismissal in connection with the liquidation of the enterprise, or rather its part, is absolutely legitimate.

Reorganization

Often there is also a situation where the company undergoes some changes, but does not disappear completely. In this case, a reorganization of the legal entity takes place, and there can no longer be any talk of dismissal when the enterprise is liquidated. There is a legal successor, which means that all employees are required to offer any positions. Often at the same time, management tries to get rid of unwanted employees, including pregnant women. It may happen that there will be a demotion, which is possible only with the written consent of the future mother. If there is no alternative, the employment contract may be terminated. However, all this applies to the rest of the employees: the emergence of new owners is not grounds for the dismissal of employees. When liquidating an enterprise, obviously, everything is different.

If the pregnant woman seems that the employer has not offered her a suitable job or has somehow violated her rights, it makes sense to apply to the court and the labor inspection. If dismissal in connection with the liquidation of an enterprise can rarely be challenged, reorganization is a broad field for fraud. In practice, the court often takes the side of the affected pregnant woman.

Redundancy

Another situation that an employer can try to do is to eliminate the post of a pregnant employee. Of course, the organization has the right to change its staffing schedule, but this does not apply to future mothers and women with children under three years old - they are left with jobs. But this is by law. In practice, the employer can again exert some pressure, forcing the pregnant woman to sign all the necessary documents. Of course, this is not justified.

Holiday to care for the child

If everything became practically clear with future mothers, then with those who have already given birth, the situation is somewhat more complicated, especially for the workers themselves. Women who have children under the age of 3 can not be dismissed on the initiative of the management. Of course, they can independently take such a decision, but the employer can not legally drive them out. The exception is again the dismissal in connection with the liquidation of the enterprise. But it is worth remembering that some provisions of the TC act only for those who are still on vacation, and for those who went to work, only common grounds are relevant.

The order of dismissal

When liquidating an enterprise, the employer may offer several options to all employees, with the aim of saving money, some of which may seriously infringe on their rights. It can be compensated monetary, and then it makes sense to think, and can be presented in an ultimatum form. It is worth remembering that the organization is obliged to pay compensation to employees if the employees are dismissed during the liquidation of the enterprise, and do not sign the application at will.

In addition to signing the notice 2 months before the termination of the legal entity's activities (in the case of IP - 2 weeks) and payments, which will be discussed in more detail later, there is another feature - you can terminate the employment contract before the expiration of the warning period and receive additional money. But all this is valid only in the event that Article 1, Art. 81 of the LC RF. It is this record that remains in the workbook if there is a dismissal to liquidate the enterprise.

Payments

If the future mother agrees to write an application of her own choice or by agreement with the employer, she loses the right to receive all maternity benefits, as well as the child's care at the place of employment. Most often, it seriously loses money, because through social services it will be able to achieve only a minimum, and even only collecting a large number of necessary documents.

As for the situation with the liquidation of the enterprise, everything is a little better. First, the employer is obliged to warn about it two months before the termination of activity. Secondly, the average monthly earnings for the period of employment is preserved, but no more than for 2 calendar months. However, dismissal in connection with liquidation of the enterprise assumes such conditions for all employees, and not only for pregnant women. Incidentally, in this case, the woman remains entitled to all payments due from the FSS.

Other rights

A pregnant woman and a young mother, as has become clear, are practically inviolable in labor relations. The only exception is the dismissal of employees when the enterprise is liquidated. But what are the rights of those who work under a fixed-term contract?

Under the law, the employer is required to arrange for a pregnant woman, who replaced another person, to a different post prior to her birth in the event that the former employee returned to his duties. He can do it only with her written consent, and only if this is not possible, the employment contract can be terminated. Many employers use this loophole, offering prospective mothers jobs that do not match their qualifications, arguing that there are no other vacancies, and thereby forcing her to quit. In this case it is better to consult a competent lawyer and maybe even apply to an employment inspection that will help protect your rights or at least compensate for their violation in money terms.

Future Future

It is incredibly difficult for future mothers to find a job, which significantly affects the size of their payments from the state. But even if you failed to protect your rights, do not be discouraged. Perhaps dismissal in this case is an opportunity to do something completely new, for example, to organize a home kindergarten, which have become very popular in recent years. Such a change of activity can become a step in a new career, which can be much more successful than the previous one.