Today we have to find out whethercut a pregnant woman. The thing is that in Russia now the labor market shows not the best results - companies open and close, employees are laid off and reduced, unemployment in some regions is growing rapidly. For a 100% able-bodied job, finding a new job is not the most difficult task. But pregnant women are in a vulnerable position. Their labor legislation of the Russian Federation actively protects employers. Can a pregnant woman be reduced? Does the employer have the right to do this to a worker in an "interesting" position? The answers to all these questions will be found later. In fact, everything is not as simple as it seems. In the labor legislation of the Russian Federation there are many controversial and ambiguous moments.
Whether can reduce the pregnant woman? To correctly answer this question, you need to carefully study the current LC RF.
For the employer, the availability of pregnant employees is a huge problem in most cases. The Labor Code actively protects the interests and rights of women in an "interesting" position.
The main problem for the chief is the dismissal of the category of subordinates under study. The thing is that removing a pregnant woman from work is not as easy as it seems.
Why? All because of the special situation of these employees. Is it possible to cut a pregnant woman?
Each employer can conditionally sever the employment relationship with his subordinate in the following ways:
Then each scenario will be considered separately. So it will be possible to understand whether a pregnant woman can be cut or not.
Let's start with the most common case -dismissal at the initiative of the employee. This form of termination of employment with the employer takes place. Usually it implies a voluntary decision, which has no connection with staff reduction.
Nevertheless, some employersto dismiss pregnant women. TC RF actively protects such employees. And if the latter can prove that their decision on dismissal was forced (the employer created the conditions that prompted the rupture of the employment contract, blackmailed, threatened, and so on), the labor inspection will be on the side of the woman. In this case it is necessary to restore the employee in the post.
Are they entitled to cut a pregnant woman? One can say for sure that a woman is capable of showing initiative and quitting. But what if a staff reduction is planned in the near future?
Unequivocally answer this question so fardifficult. As already mentioned, the chief can terminate the employment contract with the pregnant employee for external circumstances related to the working relationship. This right really exists, but in practice it is rare.
To terminate the employment contract with a pregnant woman is allowed:
In fact, everything is not so simple. For example, to dismiss a woman due to her refusal to transfer to another locality is allowed only when the company as a whole transfers its activities to a different location.
Are they entitled to cut a pregnant woman? Theoretically, the employer himself can terminate labor relations with his subordinates. For example, if they do not meet working requirements.
But in the case of pregnant women all a fewotherwise. The current labor law prohibits employers from dismissing employees in an "interesting" position. This is possible only in the situations listed above.
But that is not all! Termination of the employment contract with pregnant workers is allowed under certain and unavoidable circumstances. These include the liquidation of a company or the termination of the activities of an individual entrepreneur.
According to the laws in force, a girl,who is in an "interesting" position, can be dismissed at the request of the chief only because of the liquidation of the corporation. Perhaps, this is one of the few cases in which an employee is forcibly removed from work.
Are they entitled to cut a pregnant woman? If you carefully examine all the features listed above and turn to the RF TC, you can conclude that the category of personnel being studied is one of the most protected. Just so it will not be possible to terminate the employment relationship with her. There must be good reasons for this.
Despite the fact that staff reduction isoften a forced measure, the employer can not use it to get rid of a pregnant employee. Reduction is not a legitimate reason for terminating an employment contract. So, there is nothing to be afraid of.
Now it is clear whether the pregnant woman can be cut. The legislation of the Russian Federation indicates that the employer does not have the right to do so. It is allowed to reduce ordinary employees, but vulnerable categories of subordinates can not be touched.
Often the actual situation is severalotherwise. There are not so many bona fide employers in Russia. The bulk of them try not to contact girls planning a pregnancy or already in an "interesting" position. And if the subordinate was able to find a job, then with greater probability in the future she will have problems.
Can a pregnant woman be cut? With the reduction of this category of citizens by law can not be touched. But this is not known to everyone. Therefore, pregnant girls are often victims of illegal dismissal.
It should also be noted thatOften employers force the employees to resign themselves. Under the laws of the Russian Federation, the head is obliged to transfer the pregnant woman to easy labor and, on the initiative of the woman, to provide a shorter working day. In practice, this does not always happen. Rather, everything turns out exactly the opposite: the boss does not make any concessions to pregnant women, creating uncomfortable working conditions. As a result of such circumstances, women simply leave on their own. The corresponding entry is made in the work record book, the employer remains safe. After all, the Labor Code does not prohibit subordinates to leave their former place of work on their own. This is the most favorable outcome.
Whether can reduce the pregnant woman? Ideally, the employer does not have such a right. But in practice, usually the leaders of organizations use all sorts of ways to get rid of the woman in an "interesting" position on the eve of the reduction. This is due to the fact that the studied category of citizens is the most protected in Russia in relation to the Labor Legislation.
It should be remembered that forced dismissal bythe employer's initiative is only possible due to the liquidation of the enterprise or the closure of the IP activity. Also, it will be possible to terminate labor relations without much difficulty with a subordinate working under a fixed-term contract. But the rest of the pregnant women by law should remain in the company with a reduction.
In any case, if a woman was fired illegallyor if it is forced to leave work, you need to apply to labor inspectorates for the protection of rights. The employee will be listened to and then checked at the previous place of her employment. If it turns out that the dismissal was due to the reduction of staff (or by any other method not provided for by the law), the girl must be reinstated, and the employer will be held accountable.