Art. 361 of the Labor Code of the Russian Federation protects the rights of women expecting a child: it states that pregnant women cannot be dismissed from work at the initiative of the employer.
A pregnant employee can easily be on maternity leave, then on maternity leave to care for a small child, and receive all appropriate payments from her job.
However, this situation in most cases does not suit employers: no one wants to pay an employee who does not do his job.
Many are trying to find a way to fire such a person in order to hire someone who will directly deal with direct work responsibilities.
The most important thing here is not to break the law and respect the interests of the pregnant employee.
The law allows a pregnant woman to be dismissed from her position in several cases.
Dismissal of pregnant women at their own request
A woman in this position, like any other employee, can always resign at her own request.
Pregnancy in this case will not serve as a limitation.
You need to submit a formal resignation letter to your employer.
Dismissal at will is regulated by Art. 80 of the Labor Code of the Russian Federation: the application must be submitted to the employer two weeks (starting from the day following the submission of the application) before termination of employment.
During this period, you can withdraw your application if another employee has not been officially invited to take your place.
When terminating an employment contract with a woman in a position of her own free will, the enterprise is not obliged to pay her maternity benefits.
If the head of an enterprise forced a pregnant employee to write a letter of resignation, you can safely go to court.
This must be done within a month after the issuance of your work record book and a copy of the dismissal order.
Of course, when going to court with such a statement, you need to have evidence that will confirm the fact that you were forced to resign.
If you prove that you are right, you will be reinstated in your previously held position, and the employer will suffer administrative punishment.
How can a pregnant woman resign of her own free will and receive benefits?
Thus, based on these laws, a woman expecting a child belongs to the group of socially vulnerable people, and therefore has a number of benefits and advantages compared to other working citizens. It is worth noting that violation of the legal rights of pregnant women leads not only to administrative, but also to criminal liability.
The payment is due if the maternity leave occurred less than a month after the dismissal, and the termination of the agreement at one’s own request was due to certain circumstances listed in the Order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n, these include:
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Dismissal of pregnant women due to the expiration of their employment contract
When hiring a person, an employment contract must be concluded between the employer and the employee.
It can be concluded either for an indefinite period or for a definite period (up to 5 years), and this is the so-called fixed-term contract.
According to Art. 261 of the Labor Code of the Russian Federation, the management of the enterprise must renew the contract if it expires while the employee is pregnant, until the end of pregnancy.
To increase the term of the contract, you need to bring a certificate of your position and submit an application.
After the extension of the employment contract, it is necessary to provide a pregnancy certificate at the request of the manager, but no more than once every three months.
Within a week from the moment of giving birth, the employer has the right to dismiss the employee, since the term of the employment contract has expired.
If a pregnant woman worked under a fixed-term contract, but took the place of an absent employee, then her dismissal is permissible if it is impossible to transfer to another position.
In this case, the manager, before dismissing, is obliged to offer the employee all available vacancies at the enterprise that correspond to her qualifications.
In this situation, the wrongful dismissal of a pregnant employee will have negative consequences for the employer: Art. 145 of the Criminal Code of the Russian Federation for unjustified dismissal prescribes a fine of 200,000 rubles, or a fine of 18 salaries, or involvement in compulsory work for up to 360 hours.
You will probably be interested in looking at the mental map “Labor Guarantees for Pregnant Women”, which details what types of work are prohibited for pregnant women.
Or find out HERE how to get maternity benefits
I was fired because I became pregnant”: who is to blame and what to do
It should be borne in mind that after the dismissal of a pregnant woman, by agreement of the parties, it is necessary to admit the fact of illegal dismissal, prove that pregnancy was the reason for dismissal, and it is quite difficult to be reinstated in the workplace. Evidence can be provided by the testimony of persons present during the conversation in which the employer expresses his position on the dismissal of a woman precisely because of her pregnancy.
If a woman is on maternity leave to care for a child under 3 years of age and makes a decision to continue working directly with the employer under an employment contract or under a civil law contract (contract), it should be taken into account that the child care allowance for a child under 3 years of age years is assigned and paid in the amount of 50 percent of the generally established amount, if the person caring for a child under 3 years of age works full-time or part-time for one or more employers; works part-time and simultaneously performs work at home for one or more employers; performs work under a civil contract, the subject of which is the provision of services, performance of work and creation of intellectual property, etc.
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Resolving the dispute, the court of first instance came to the conclusion that the plaintiff had no intention to terminate the employment contract under clause 3 of part one of Art. 77 of the Labor Code (at the initiative of the employee). The court indicated that at the time of writing the resignation letter, the employee was pregnant, and the employee had no other sources of income or job offers. Therefore, according to the court, the employee did not intend to quit her job and lose the payments due to her in connection with the birth of the child. Since the employee had no intention of resigning at her own request, the employer actually fired her on her own initiative in violation of the prohibition provided for in part one of Art. 261 Labor Code of the Russian Federation. By court decision, the employee was reinstated at work.
- identification;
- an application drawn up in any form, with a request for accrual of payments;
- sick leave;
- an extract from the work record book, certified by a notary;
- a certificate from the employment center confirming your unemployed status;
- certificate from the educational institution (for students).
- For those dismissed as a result of the liquidation of the company, it will be minimal (RUB 655.41), since the citizen learned about her position after the termination of the employment relationship. You must contact social security within 12 months. after the end of the enterprise's activities.
- For full-time students, payments are equal to the amount of the scholarship.
Dismissal of pregnant women by agreement of the parties
Art. 77 of the Labor Code of the Russian Federation allows the termination of an employment contract concluded for a definite or indefinite period by mutual agreement of the parties.
In this case, a concerted desire of the employer and employee of the enterprise to terminate the employment relationship is necessary.
If such an agreement is reached, the employment contract is terminated at any time during the period determined by the parties to the agreement.
On the day of dismissal, the employee will receive a work book, and the company will make a full payment.
Upon dismissal by agreement of the parties, severance pay and maternity benefits are not paid.
However, some employment contracts contain a condition on the payment of a certain amount to an employee of the enterprise in the event of dismissal by mutual agreement of the parties. The employer must strictly fulfill this condition.
Termination of such an agreement is possible only if the parties mutually agree.
Such agreements are very often drawn up with pregnant women. If it was signed under pressure from the employer, you can file a claim in court.
But do not forget that indisputable evidence of pressure is necessary.
I quit my job at the wrong time: how to get maternity benefits if you quit your job and get pregnant
A woman's stay at work during pregnancy and childbirth is limited to maternity leave. The right to its registration and subsequent payments arises in the presence of official employment. For an employer to dismiss an employee in an interesting situation, there must be compelling reasons specified in the law. In addition, it is not clear what a woman should do if she quit her job and found out that she was pregnant.
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Also, other competent government agencies (labor inspectorate and prosecutor’s office) will help restore justice by holding the company accountable. In addition, a woman must understand that finding a new job while in an interesting position is extremely difficult, since most companies are reluctant to hire someone who will soon have to look for a replacement.
Promotion of the month 8 88 Good afternoon! An employee worked for us and quit. Today she brought a certificate from a gynecologist from She states that at the time of her dismissal, in fact, on the eve of her dismissal, 2 weeks before her dismissal, she took 1 day of absenteeism; no documents were issued for absenteeism; she was forgiven for 1 day of absenteeism and the beginning.
From the above, we can conclude that payment for sick leave issued for other reasons is not made to a resigned employee. However, pregnant women still have the right to receive maternity benefits at their last place of work after leaving work. This benefit is calculated and paid at the place of work, service or study.
If the child was stillborn or died before the birth certificate was issued, the benefit will not be accrued. The simultaneous birth of two or more babies means that payments will be accrued for each child. Documents to be submitted:
If you quit your job and become pregnant, a woman shouldn’t guess whether maternity pay will be paid at her last job or not. It is for such situations that state social protection bodies exist. If the expectant mother contacts the employment service within 30 days of leaving work, she will not only receive benefits equal to her average earnings, but also all payments due to her position.
Dismissal of pregnant women due to unsatisfactory results of the probationary period
When an employment contract is concluded with a new employee, a probationary period is often established, the purpose of which is to determine whether the person is suitable for work in a given position, that is, to check his professional suitability.
In case of successful completion of the probationary period, the employee remains in his position on a permanent basis.
In Art. 70 of the Labor Code of the Russian Federation states that a probationary period is not established for women in this situation.
Thus, if you have not completed the probationary period, but brought a certificate confirming that you have become pregnant, the company does not have the right to fire you.
Dismissal of pregnant women due to liquidation of an enterprise
At the initiative of the employer, it is possible to fire a woman expecting a child only in the event of liquidation of the organization of which she is an employee, or in the event of termination of the activities of an individual entrepreneur (Article 61 of the Civil Code of the Russian Federation).
In these cases, all employees, including pregnant women, are dismissed without further employment.
However, you are required to give notice of dismissal at least two months in advance, pay severance pay in the amount of the average monthly salary, and also pay you the average monthly salary during the period of employment (but for no more than two months from the date of dismissal).
According to Art. 81 of the Labor Code of the Russian Federation, it is possible to fire a woman who is expecting a child, even in the situation of liquidation of a branch of the enterprise.
In the event of a reorganization (division, merger or any other transformation at the enterprise), the dismissal of a pregnant employee will be illegal, since there are no grounds for this.
What to do if you find out you’re pregnant after being fired
When liquidating an organization, the procedure established by law for providing guarantees and compensation must be strictly observed: Thus, only if there is a legal basis and compliance with the established procedure for dismissal, termination of an employment contract with a pregnant employee under paragraph 1 of part one of Article 81 of the Labor Code of the Russian Federation in connection with the liquidation of the organization can be recognized as legal.
It's a common misconception that you can't fire someone. Firstly, she can be fired in the event of liquidation of the organization or termination of activities by an individual entrepreneur. Secondly, she can be fired if a fixed-term employment contract was concluded with her and she did not write a written application to extend the contract and did not provide a medical certificate confirming the state of pregnancy.
— It remains possible to dismiss a woman due to the expiration of a fixed-term employment contract during her pregnancy, if the employment contract was concluded for the duration of the duties of the absent employee and it is impossible, with the written consent of the woman, to transfer her to another job available to the employer before the end of her pregnancy.
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I understand that it is unlikely that you will be hired somewhere when you are pregnant, although it is prohibited by law to refuse a pregnant woman, but they will not hire you, you know how we hire you. And of course, you lose your vacation for the BiR, and all other payments will be at the minimum, and this is a shame.
I came today and he tells me that either you quit on your own or by agreement of the parties, or you leave without a record at all! I tell him that by law you cannot fire me, to which he tells me that you can stay and work for 1400 UAH and in general they will create such working conditions for me that I will simply ruin this pregnancy! In short, I left in such hysterics from everything I heard and what was happening that I said I need to think!
Girls, good evening everyone! Help with advice) I quit my job on February 29 (by agreement of the parties), and now I found out that I’m pregnant). What to do? What should I do? Maybe join the stock exchange? How much do they pay there? I’m afraid to get a job now, it’s not convenient (I’m afraid they won’t let me work later, how will they find out (((what payments are due to the unemployed?? Thanks in advance for anyone who can help with an answer and advice)
2) The company where I worked has opened bankruptcy proceedings. How to be reinstated at work and receive compensation for the illegal dismissal of a pregnant woman? We have already won the court, and we have a writ of execution in our hands. What to do with this sheet? Where to go? Thank you!
3) I work as a teacher at a university under a fixed-term employment contract. The contract expires on June 30, 2011 and accordingly I will be fired. However, literally at the beginning of July, that is, a few days after my dismissal, I may find out that I am pregnant. Will I be able to get my job back, since at the time of my dismissal I will be pregnant, I just won’t have time to find out about it and provide a certificate for work.
