Can a pregnant woman recover after a contraction?

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Team of lawyers - Russlidsurist writes to you. We share our experience and knowledge, which in total we have more than 43 years, this allows us to give the correct answers to what may be required in various life situations and at the moment we will consider whether a pregnant woman can recover after a contraction. If in your case you need an instant response in your city or online, then, of course, in this case it is better to use the help on the website. Or ask in the comments people who have previously encountered the same question.

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If a legal entity is liquidated and deleted from the state register, and there are no successors to this organization, then the pregnant woman is dismissed on a general basis. This applies to branches and divisions of large corporations.

Reduction of pregnant women

In a situation where the company’s management does not get rid of the number of employees, but permanently eliminates the positions they occupy, the position of a pregnant employee does not play into the company’s hands.

Punishment for the manager

This is actually a legal way to pressure your employee into layoffs during pregnancy. It will be difficult to prove the fact of pressure in court, so women prefer not to go to court, but to write a statement of their own free will.

An order that cancels the order to dismiss a pregnant employee is issued subject to certain conditions. An important condition is the date of the order; it must be issued on the same date on which the court decision was made (Article 396 of the Labor Code of the Russian Federation). The employer has no right to ignore a court decision, otherwise he will be held administratively liable (Article 17.15 of the Code of Administrative Offenses of the Russian Federation).

Is it necessary to sign a layoff notice if the employee is pregnant?

In this case, in case of a dispute, the employer must have a document signed by the employee confirming receipt of the letter of notice of dismissal. At the end of this period, the employee may be dismissed. By virtue of part one of Art. 178 of the Labor Code of the Russian Federation upon dismissal under clause 1 of part one of Art.

81 of the Labor Code of the Russian Federation, the employee is paid severance pay in the amount of average monthly earnings, and he also retains the average monthly earnings for the period of employment, but not more than two months from the date of dismissal (including severance pay).

In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after dismissal the employee applied to this body and was not employed by it (part two of Art.

178 of the Labor Code of the Russian Federation) * (2). Please note that, by virtue of part three of Art.

Reinstatement of a pregnant woman at work after dismissal

Good afternoon I really hope for your professional qualified help! I worked at Tander JSC (Magnit chain of stores). 02/25/2021 I was forced by an ultimatum to resign from there of my own free will. Literally 2 weeks later I found out that I was pregnant. I registered for pregnancy at our clinic on 04/04/2021, where they gave me a gestational age of 9 weeks and 4 days (I can provide a certificate). It turns out that at the time of dismissal my pregnancy was 4 weeks and 6 days. Is it possible to reinstate me to my former job? I don’t know if it’s possible to get a recording of my director’s call to me, where she, in the form of an ultimatum, forced me to write a letter of resignation. If yes, then I can prove this fact. No, then I can provide witnesses, at least 3 people, who can confirm that I was constantly subjected to pressure from my director and supervisor. Please help me with your advice, what should I do and is recovery even possible?

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Reduction of pregnant women

This means that when a woman becomes pregnant, she is automatically included in the staff, has the right to work part-time, and cannot be fired for almost a year. In addition, she cannot be forced to work overtime.

possible only upon liquidation of the enterprise. And this is true. If a pregnant woman works under an employment contract with an indefinite term, then she belongs to one of the categories of citizens most protected from almost any dismissal.

If after a reduction you find out about pregnancy

August 31, 2021, 19:50 900 cost of the questionquestion resolved Collapse Online legal consultation Response on the website within 15 minutes Answers from lawyers (4) fee received 34% 8.2 Rating Pravoved.ru 4155 answers 1711 reviews Chat Free assessment of your situation Lawyer , G.

Pregnancy after reduction

On 11/18/2021 I found out that I was pregnant, there are documents (certificates) stating that at the time of my dismissal I was already pregnant. Is it possible to be restored to your previous position and what is needed for this? November 18, 2021, 11:21, question No. 620635 Oksana,

Protecting pregnancy, including by establishing safeguards for pregnant women in the world of work, is a shared responsibility of governments and organizations under International Labor Organization Convention No. 183.

Reinstatement of a pregnant woman after layoff

Social protection authorities provide such mothers with monthly compensation payments. Their size is similar to that established for non-working women who are on maternity leave or parental leave.

Questions

In today's complex and unstable world, everyone is afraid of salary cuts, unemployment, and layoffs. Many employers, in an effort to make their organization more efficient, are reducing staff numbers, reorganizing the enterprise, and so on, which can affect any of the employees. This situation is especially worrying for expectant mothers. It is important for them to know whether it is possible to dismiss a pregnant woman due to staff reduction, what rights and guarantees are provided, and how to protect themselves in the event of arbitrariness on the part of the employer.

Note! If, even on the date of notice of dismissal, the employee was not pregnant, but brought a certificate during the notice period, then the reduction procedure in relation to her should be stopped.

Is it possible to lay off a pregnant woman when reducing staff or position at work?

Russian legislation provides pregnant women with certain guarantees and preferences regarding labor activity. One of such guarantees can be considered the impossibility of terminating employment relations with this category of employees.

An exception to this rule is the liquidation of the employer’s company (as an option, termination of the activities of an individual entrepreneur).

Even if such dismissal is allowed, when it is carried out, the established requirements of the Labor Code of the Russian Federation must be observed.

In this article, we will figure out whether it is possible to lay off a pregnant woman if her position is subject to reduction. What should an employer do to avoid breaking the law?

Is it permissible to dismiss an employee who is pregnant during a staff reduction?

A pregnant woman can be fired if the employer’s organization is liquidated and the work activities of all its employees are stopped, that is, officially terminated.

As part of this procedure, all citizens employed at this enterprise are subject to layoffs. The head of the liquidated organization is also dismissed on the same basis - how to dismiss a director during liquidation. Working women expecting children are no exception in this case. It does not matter how pregnant the pregnant woman is - early or late.

Step-by-step procedure for dismissing a pregnant woman during liquidation.

As established by Article 261 of the Labor Code of the Russian Federation, on personal initiative, the employer does not have the right to terminate the employment relationship with a pregnant employee. However, liquidation of a company is an exception to this rule. If a company is liquidated, the employment agreement concluded with its pregnant employee can be terminated at the initiative of the management of this company on the most general grounds.

It is important that it is possible to lay off a woman who is expecting a child only if the employer finally and completely ceases its business activities. Reorganization of a company by merging its branches and other events of this kind cannot be grounds for laying off a pregnant employee.

When legally dismissing a pregnant employee, the management of the liquidated company must comply with all the rules governing the procedure for such a reduction:

1. Timely notification of all employees about the planned liquidation of the company and upcoming dismissal.
2. Correct execution of all necessary documentation accompanying the reduction procedure.
3. Timely and complete settlement with dismissed employees, transfer of all due payments.

How to fire a pregnant woman if her position is being reduced?

If a pregnant employee is laid off (dismissed) due to the liquidation of the organization, the management of this company must follow a certain procedure for such dismissal. This procedure applies both to a pregnant employee and to any other employee employed at a liquidated enterprise (since the general grounds apply).

The order of reduction is as follows:

The notification procedure is regulated by Article 180 of the Labor Code of the Russian Federation.

The employer sends personal written notice of appropriate content to each employee dismissed for this reason (including a pregnant employee).

This must be done 2 (two) months before the planned date of the intended disposal (no later). Reading of this notice must be confirmed by the personal signature of the laid-off employee.

An employer has the right to dismiss an employee before the end of the above two-month period if the employee has given his written permission to do so. If such an agreement is reached, the employer must pay appropriate compensation.

This compensation is determined as the average daily earnings of this employee, calculated in proportion to the number of days remaining until the end of the above-mentioned two-month period. This rule is stipulated by part 3 of article 180 of the Labor Code of the Russian Federation.

layoff notices.

On the employee’s last day of work, the employer issues an administrative act that regulates the employee’s departure due to layoffs due to the liquidation of the company.

As a rule, such paper is drawn up by management using the T-8 (T-8a) template. The dismissed employee must personally familiarize herself with this document, confirming this fact with her signature.

If the layoff of a pregnant woman is caused by the liquidation (closing) of an organization, such an employee has the right to receive certain cash payments from the employer. These include wages due, unused vacation pay, and severance pay.

All these compensations are considered mandatory in this case. They are paid to the recipient directly on the day of his departure (Article 140 of the Labor Code of the Russian Federation).

Such papers are transferred to the retiring employee along with any monetary payments due. These are documents that contain information about an individual’s work activity with a given employer. We are talking about the work book of a pregnant employee, a 2-NDFL certificate, as well as other papers (Article 84.1 of the Labor Code of the Russian Federation).

In this case, the relevant data must be entered into the work book of the retiring employee. Additional documentation about work activity is provided to the employee being laid off upon her written request.

What payments are due?

As stipulated by the requirements of Article 140 of the Labor Code of the Russian Federation, all necessary mutual settlements are made with the retiring employee directly on the day of dismissal. This day is clearly stated in the employer’s administrative act on the layoff of a particular employee.

If a pregnant woman is laid off from her job due to liquidation, these requirements must also be met.

The dismissed employee is entitled to the following payments from the employer:

1. The accrued amount of her salary payable at the time of departure.
2. The amount of unused vacation pay (if any) can be calculated using the online calculator.
3. The amount of severance pay due to a woman in connection with a layoff.

If a laid-off employee considers the payments received insufficient, she can contact the management of the employer company to resolve the issue of increasing the amounts due. However, the employer has the right to refuse such a request.

Will the dismissed person receive benefits under the BiR?

In addition to the payments due to a pregnant employee from the employer upon layoff, she also has the right to receive certain compensation from the state.

We are talking about a social target benefit assigned to such an employee in connection with her pregnancy and upcoming birth.

To legally receive maternity benefits, a woman must contact her local social security department with the following documents:

1. Application with the required content.
2. Certificate of incapacity for work (completed).
3. A certificate confirming that the applicant has unemployed status (at the time of application). Issued through the Employment Center.
4. A special extract made from the applicant’s work record book (certified by a notary).

When a son (daughter) is born, the woman will also receive a special allowance, which is accrued to her for child care (it is paid until this child turns 1.5 years old).

We recommend watching a video about whether it is possible to legally lay off an employee who is pregnant at any stage:

conclusions

Retrenchment of pregnant workers is permitted by current legislation if this dismissal is carried out in connection with the liquidation of the employer's organization. In other situations, this category of employees is reliably protected by the state from dismissal initiated by management.

Generally binding rules must be observed - an appropriate order is issued, the necessary payments are made, a work book and other papers are issued that confirm the labor activity of the departing citizen.

If the employer is liquidated, all laid-off employees are provided with severance pay. In addition, pregnant women are paid targeted social benefits from the state.

Source: https://9trud.ru/mozhno-li-sokratit-beremennuyu-zhenshhinu/

Related publications

• The employee must be warned no later than two months before the date of dismissal. Workers who are absent must also be notified. You can give the notice to them personally or send it by registered mail;
• Notifying the union no later than two months in advance, with a request to provide a reasoned opinion;
• Notification of the Employment Center;
• Dismissal, issuance of labor and all due payments.

Can a woman on maternity leave be laid off?

This article applies even if another family member is on maternity leave. For example, an employee of an enterprise returned to work immediately after the end of maternity leave, and her husband went on maternity leave. Until they return from maternity leave, both of them are not subject to layoffs.

The employee who held this position did not agree with the dismissal and went to court with a demand to declare the dismissal illegal. In his opinion, there was no actual reduction, and the dismissal procedure was carried out in violation.

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Contraction during pregnancy

Russian legislation provides pregnant women with certain guarantees and preferences regarding labor activity. One of such guarantees can be considered the impossibility of terminating employment relations with this category of employees.

An exception to this rule is the liquidation of the employer’s company (as an option, termination of the activities of an individual entrepreneur).

Even if such dismissal is allowed, when it is carried out, the established requirements of the Labor Code of the Russian Federation must be observed.

In this article, we will figure out whether it is possible to lay off a pregnant woman if her position is subject to reduction. What should an employer do to avoid breaking the law?

The article describes typical situations. To solve your problem, write to our consultant or call for free:

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Reinstatement of a pregnant woman at work after dismissal

If a legal entity is liquidated and deleted from the state register, and there are no successors to this organization, then the pregnant woman is dismissed on a general basis. This applies to branches and divisions of large corporations.

Reduction of pregnant women

Upon a written application from the employee, the employer is also obliged to provide him with duly certified copies of documents related to work, part 4 of Art. I am 9 weeks pregnant and officially employed. After the inspection, there are rumors that there will be a reduction or liquidation, there is no exact answer yet. If this happens, who will have to pay me maternity leave and in what amount? I have been working in this organization for more than 7 years. Lawyer Shulimov V. Before liquidation, the employer will pay, after - OSZN.

1. Directly to management. It is recommended to draw up a complaint in any form with reference to legal acts.
2. To the labor inspectorate. The authority will conduct an inspection of the organization, and if violations are identified, it will issue demands to the employer to eliminate them. Penalties may be imposed. If necessary, the inspection will inform you that you need to go to court.
3. To the prosecutor's office. The woman needs to provide facts of violation of her rights: medical and work documentation; if there is pressure or threats from the employer, video, audio recordings, witness statements and other evidence of forced dismissal will be suitable.
4. To court. It is required to file a claim for illegal dismissal and reinstatement. Additionally, you can recover compensation from the employer for the missed period in the amount of average earnings and for moral damage (Article 394 of the Labor Code).

Dismissal of citizens during staff reduction is a fairly common practice. However, there are several categories of employees who cannot be “removed” on this basis. Pregnant women enjoy special legal protection. Breaking an employment contract with a woman in a position is a gross violation for which serious liability is provided.

Procedure for laying off a pregnant woman when reducing staff

A dismissed employee should keep in mind that upon termination of employment due to a reduction in the number or staff of the enterprise, employees are provided with certain guarantees, including payment of severance pay and preservation of average earnings for a certain period. When deciding to dismiss at your own request or by agreement of the parties, no guarantees or compensation are provided.

In this case, a written notification to a pregnant employee who has been laid off will not have legal force , and the employer will have to mark the reduction in the specific position she occupies or find another one that suits her qualifications.

Thus, if a woman finds out about pregnancy after the termination of her employment relationship with the employer, she must provide a certificate confirming her position, and the personnel department is obliged to reinstate her in her previous position.

Employer's liability

Also, dismissal of a woman in this position is possible if the employment contract was concluded temporarily to perform the duties of an employee who was absent, and it is impossible to transfer the woman with her written consent to another position available to the employer.

May 16, 2021 uristgd 39

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I found out that I was pregnant after I signed the layoff agreement. What should I do?

Good afternoon, Victoria!

I want to share with you and everyone who might benefit from my story about recent events.

I, nevertheless, took the pregnancy certificate on December 14, 2015 and brought it to work to attach to the application about the fact of pregnancy. My immediate supervisor asked me to hold off on my statement until the director responded. Allegedly, he talked to him and is now waiting for an answer about my situation. And the latter needs time to think and consult. Maybe the statement doesn’t make sense….supposedly.

The director thought for a week and only on Monday, December 28, gave a negative answer, because The company does not have a free rate to which I can be transferred. I had 2 days left to work and I had no reason to doubt the correctness of my leadership. I was fired on December 30, 2015.

During the New Year holidays, I consulted with another lawyer and he, just like you, advised me to write a statement to the HR department. I compiled it and mentioned all the facts: that I was pregnant and considered my dismissal illegal, that I had a young child in my care, I was divorced, I did not receive alimony from my ex-husband and I had no other income.

At that moment, I did not count on a favorable outcome for me. But I had no choice. If they had written a refusal, I would have gone to the prosecutor’s office and the labor inspectorate.

After the holidays ended on January 11, I called the HR department and said that I wanted to come and register my application. I was invited for a conversation the next day.

Our HR manager was surprised that I didn't report my pregnancy before I left. I don’t know whether he really didn’t know or pretended to... But I already knew my rights and didn’t believe them. I asked to be reinstated at work with the same salary as before the dismissal.

I have been restored!

But since my rate was reduced and I no longer had any job responsibilities as such, I was offered to move to another position while maintaining my salary. I agreed. I am already working now, but there has been no official transfer to a new position.

For some reason, it took a very long time to prepare the transfer order. On January 28, I was invited to sign it. And there it is written that they are transferring me, I quote: “Temporarily: for the period of temporary transfer of specialist Ivanova AI” (I have changed the name).

This specialist Ivanova II was transferred to a maternity position, and they just wanted to transfer me to Ivanova’s position. But when the woman returns from maternity leave, Ivanova will return to her position, but it turns out that I will have nowhere to return...

I didn’t sign the order yet.

Please tell me whether my company’s actions are legal this time?

What can I expect or claim under the law?

Of course, I wanted to return to work after maternity leave. And most likely in 1.5 years...