More and more people are wondering if they can shorten a pregnant woman. This question arises due to the fact that the unstable situation in the labor market in the Russian Federation puts women bearing a child in a vulnerable position. You can not insure against reduction. According to employers, anyone can fall under it. But is it really so? Do pregnant women need to be afraid of anything?
Features of the law
An unequivocal answer is not as simple as it seems. Can a pregnant woman be cut?
In Russia, this category of citizens at work has special rights and guarantees. The Labor Code of the Russian Federation indicates that pregnant women are more than any other employee protected from the arbitrariness of their superiors. For example, they are supposed to switch to part-time work and ensure easy work.
That is why many are wondering whether a girl in an interesting position can really be cut or fired. It is enough to carefully study the current labor legislation in order to correctly answer this question.
Ways to terminate the relationship
To begin with, the bosses can terminate their employment relations in many ways with all employees. It all depends on the circumstances of the dismissal.
Theoretically, an employer can get rid of a pregnant employee in the following ways:
- at the personal request of the employee;
- on their own initiative;
- due to certain external circumstances.
But is it really so? And can they cut a pregnant woman?
Personal decision
The labor legislation of the Russian Federation in every way protects this category of citizens. But it does not prohibit pregnant women from quitting.
So, according to the law, a woman can independently submit a letter of resignation to her boss. That, in turn, does not have the right to keep an employee at work. The employment relationship must be terminated.
This scenario is the most favorable outcome for any employer. The main thing is that the girl made the decision on dismissal herself. Otherwise, she may complain to the labor inspectorate and be reinstated.
External factors
Is it possible to reduce the position of a pregnant? In general, the employer has the right to remove one or another vacancy. But at the same time, he must transfer a pregnant woman to another job, offer her a new position.
Under certain circumstances, the boss may break off employment with the category of citizens being studied. Namely:
- if the employee, in whose place they temporarily took the pregnant woman, went to work again;
- at the end of the current fixed-term employment contract;
- when the company moves to a new location, and the employee refuses to move.
Usually, all these features occur when concluding a fixed-term employment contract. Women who are employed in the company for an indefinite period, this is the most protected category of personnel from dismissal. And in the presence of pregnancy, people are protected even more.
The desire of the authorities
Do they have the right to reduce the pregnant? The labor legislation of the Russian Federation allows the employer to terminate the employment relationship with his subordinates on a personal initiative. But this right does not apply to all employees.
The exception is pregnant. They cannot be dismissed at the initiative of the employer. The law prohibits acting in this way.
Reduction - reality or myth?
So can they cut a pregnant woman? Not. Such a decision is regarded as termination of the contract at the request of the employer.And it, as already mentioned, is prohibited by the labor legislation of the Russian Federation.
This means that getting rid of a pregnant woman to reduce staff is impossible. More precisely, these actions violate the law. The employee will be entitled to contact the labor inspectorate for help.
Exceptions to the Rules
But everywhere there are exceptions. Do they have the right to reduce the pregnant? Not. You will have to get rid of other workers. But this does not mean that pregnant employees will always remain in the company.
Employers have the right to terminate relations of a labor type with the studied category of citizens in only a few cases. Namely:
- upon liquidation of a corporation;
- if the entrepreneur ceases its activity (closes).
There are no more exceptions to date in Russia. Therefore, you should not worry about dismissal.
Actuality
Can a pregnant woman be cut? With a reduction in staff, as we have already found out, it is forbidden to remove such employees from work. Only in reality everything is somewhat different.
A pregnant woman may not be afraid of a direct reduction. She will not be fired for this article. Instead, some unscrupulous employers themselves are pushing employees to quit. They are simply brought to a decision to terminate the employment relationship.
Can a pregnant woman be cut? As already mentioned, no. But the employee has the right to quit on her own. Accordingly, the risk of ultimately being left without work is always there. And this is despite the fact that, according to the law, the employer cannot force him to be fired, as well as keep the employee at work.
Nuances
Do they have the right to reduce the pregnant? Not. That is why employers are not too actively recruiting those women who plan to have a baby in the near future. Moreover, the companies in which pregnant women work may be embarrassed. Indeed, according to the Labor Code of the Russian Federation, the dismissal of this category of citizens has special nuances.
Which ones? Among them, the following features are distinguished:
- Even if the employer did not know about the employee’s pregnancy, her dismissal during a layoff will be considered illegal.
- The boss cannot dismiss an employee who found out about her pregnancy after signing all the required papers. Reduction simply does not take place.
- When a pregnant employee is dismissed, she will need to be reinstated in an emergency. But provided that the woman was able to prove the fact of pregnancy. To do this, you need to present a certificate from a doctor.
Can a pregnant woman be cut? From the foregoing it follows that this cannot be done. And the fact that the employer is aware of pregnancy does not play a subordinate role.
Conclusion
From now on, it is clear whether they can reduce a pregnant woman under certain circumstances. From all the material we studied, we can conclude that such a scenario does not take place. A pregnant woman is difficult to remove from work. This category of subordinates is considered inviolable. And only in exceptional cases can a woman terminate an employment relationship.
But this does not mean that there is nothing to worry about. Unscrupulous employers, as already mentioned, are trying by all means to persuade pregnant subordinates to dismiss at their own request. This is a common phenomenon to keep in mind. The employer himself cannot dismiss a pregnant employee, but the employee has the right to leave work at any convenient time. Moreover, she is able to issue dismissal on vacation or maternity leave.
Forced severance of labor relations is possible only in cases in which the company itself ceases to exist. The liquidation of the company or the closure of individual entrepreneurs - these are the only factors that allow you to get rid of a pregnant employee working under a termless employment contract.In other cases, you will have to look for alternative solutions.
In fact, everything is simple for women. But employers need to be careful about their subordinates. Especially to those who talked about planning children in the near future. The employee’s pregnancy and the presence of her children under 3 years old are the reasons why a person cannot be reduced. And the ignorance of the authorities in solving this issue does not play a role. Even if the employer did not know about the employee’s pregnancy, this will not free him from the need to restore her position!