Can a pregnant woman be fired from work? This question, of course, excites many expectant mothers. Difficulties with health, inability to work at full strength, frequent absences from the workplace make the girl a very unpopular employee, and therefore cast doubt on the need for her professional services. Does the state protect future mothers? It is to this question that we will try to answer as detailed as possible.
What are your options on probation?
One of the most popular questions is as follows: is it possible to fire a pregnant woman on trial period? It is not a secret for anybody that for the first two or three months the employer is eyeing a new employee and can dismiss him at any time, without prior notice, referring to the fact that the applicant has not passed the entrance examinations.
If you find an interesting situation on a trial period, you should immediately visit a antenatal clinic to obtain the necessary certificates confirming this fact. Having medical documents will help you get a number of benefits and concessions. First of all, the expectation of the baby frees the woman from the need to be on a trial period, she must be immediately enrolled in the staff on a common basis. If you have hidden this fact from the new authorities, then it is automatically released from liability.
Agreement and desire
In which case a positive answer to the question is possible, can a pregnant woman be fired from work? The most popular reason involves the so-called agreement of the parties, voluntary separation of the employee and the employer. Such an opportunity is regulated by the Labor Code (Article 77, Part 3). The application for dismissal in this case is amenable to a standard period of 14 days. During these two weeks, the expectant mother has the right to change her mind to leave the workplace. In this scenario, the agreement reached should be nullified. Of course, quite often it happens that company representatives exert serious pressure on the expectant mother, forcing her to write statements supposedly voluntarily. If this phenomenon occurs, the pregnant employee has the right to apply to the labor inspectorate and to the courts for reinstatement. A similar algorithm of actions is relevant in the case of dismissal by agreement of the parties. 
Liquidation of the company in full and one position
Can a pregnant woman be fired from her job during the liquidation of the enterprise? Perhaps this situation is almost the only possible one to reduce the expectant mother. Relations between the parties are regulated in this case by the 61st article of the Labor Code of the Russian Federation. However, in this situation there are certain nuances that must be paid attention to:
- the company must be completely liquidated (not transfer of ownership to another legal entity);
- preliminary notification of the liquidation (not less than two months before the event);
- payment of cash benefits.
Please note that if only a position held by a woman is subject to liquidation, it is not possible to dismiss her. In this case, the employer must offer an alternative vacancy. It may include completely different job responsibilities and salaries.
Pregnant Benefits
Before answering the question whether a pregnant woman can be fired from work, it is necessary to stipulate a list of privileges that moms give their new position. This list includes:
- decrease in working standards;
- the ability to undergo medical research during working hours;
- change of place of work under adverse working conditions and a threat to the health of mother and baby;
- organization of additional breaks;
- the possibility of organizing work on a part-time schedule.
Severe working conditions
In what cases can a pregnant woman demand a change in working conditions? The most difficult are the following situations:
- immersion in the ground;
- weight lifting;
- permanent work at a personal computer;
- prolonged stay in a fixed position (change of positions is not allowed);
- interaction with harmful substances and their radiation;
- availability of business trips;
- night shifts (after 23 hours).
In order to get the desired benefits, the expectant mother must write a written application to the personnel department. If you have been denied the satisfaction of your legitimate interests, you can defend them by contacting the state inspection of the relevant direction. If such measures have not had the necessary result, they should be sent to court.
End of fixed-term contract
Can a pregnant woman be dismissed under a fixed-term contract? Many ladies sincerely believe that the contract for the performance of labor between the two parties is valid only for the period specified in it. In most cases, this is true, but expectant mothers here have certain privileges that protect their interests. In order to preserve her workplace, a woman will need to write an application for the extension of the contract, as well as attach to it a medical certificate from the antenatal clinic confirming the expectation of the child. After the baby is born, the prolonged contract ends, and the mother loses her vacancy. 
Work in a temporary position
Can a pregnant woman be fired if she works in a temporary position instead of a person who is absent for any reason? The answer to this question, as in most other cases, is negative. Having received a document confirming pregnancy, the employer will have to take care of the issue of finding a new position in the event that the main employee goes to the rate. The Labor Code does not oblige management to provide the expectant mother with an adequate replacement of the workplace. If there are no similar positions, a woman can easily be offered a less paid or prestigious job, the main requirement for which is the absence of difficult working conditions, which can affect her state of health. A pregnant woman can either refuse and quit of her own free will, and agree, and therefore continue her career in the company. 
Violation of employment duties
Some employers who do not have perfect knowledge of the law may try to dismiss a pregnant woman for absenteeism. Unfortunately or fortunately, this also does not comply with the current requirements of the Labor Code. Violation of labor discipline and even improper performance of their own labor duties are not circumstances allowing the dismissal of a future mother. However, the employer can still affect the malicious violator. He has the right to punish a woman financially, depriving her of a bonus or additional allowances. In addition, the pregnant woman’s salary can be cut in full, such measures are also legitimate and have no differences with the current legislation.
Where to go for help?
Now you know that in most cases, employers cannot find a legitimate way to fire a pregnant woman.If you feel pressure or infringement of your rights, you should contact the following government agencies that will help you protect your interests:
- Labor inspection.
- Prosecutor's office.
- District Court.
Take care that you have the necessary evidence, as simple accusations that are not supported by facts will not be enough.
Legal advice
There are many reasons why employers try to get rid of their future mother as an unwanted employee. Do they have the right to dismiss a pregnant woman in such situations or not? With regular and excessive violations, company management may initiate legal proceedings and also assert their rights. Please note that lawyers are strongly advised to refrain from the following violations:
- Begin duties while intoxicated.
- Corruption and destruction of company property.
- Theft and theft.
- Immoral acts that make it impossible to fulfill immediate duties.
- Intentional or unintentional acts resulting in significant material damage to the company.
- Long absence from work in the absence of a disability certificate.
