Can a pregnant woman be dismissed?

On an example of the Labor code of the Russian Federationyou can consider several provisions on the legitimacy of dismissal of pregnant women. It describes certain situations when dismissal is possible, when - no.

Can I dismiss a pregnant woman on the initiative of the employer?

The rights of pregnant women are fully protected by the Labor Code of the Russian Federation, therefore no employer can dismiss a pregnant woman on his own initiative. Even if a woman works for a joban agreement that expires during the period of pregnancy, she has the right to extend the contract until the date of the commencement of maternity leave. But, if the organization is completely eliminated, a woman can indeed cut back.

Can she be fired by her own fault?

Sometimes it happens that The employer forces the pregnant woman to sign the application for dismissal at will, arguing for this action in that itmade a number of mistakes that harmed the work of the organization. Using such a reason for dismissal, the employer still has to prove the same mistakes, and for this it will be necessary to collect a huge amount of documented evidence.

Also, the employer can claim that he can dismiss a pregnant woman for non-performance of labor duties or other violations, registered in the Labor Code of the Russian Federation, which give him the rightto dismiss an employee. And even in this case, he is not right and does not have the right to do so. All that the employer can do is to impose penalties and to deprive a woman of part of the salary, premium or premium.

Can a pregnant woman be dismissed on probation?

There are times when a woman, not knowing her situation, gets a job and starts a probationary period. Only then she learns that she is pregnant, andprovides this information to the employer. After the expiration of the probationary period, the employer undertakes either to employ a woman or to dismiss her - this provision is prescribed in the Labor Code. But this provision does not apply to pregnant women, and a trial period for them is not established. In addition, if a pregnant woman showed unsatisfactory results of work during the originally scheduled probationary period, she, again, can not be dismissed.

Dismissal at will

In this case, a woman can actually leave work, since this right was not taken away from her. However, there can be a situation whena woman for objective reasons, but not yet knowing about her pregnancy, makes the decision to quit her job of her own free will, writes an application and gives it to the personnel department. And in a few days she will find out about her situation ... How to be in this situation?

Even here you should not despair, because a pregnant woman in any case has a fourteen day period during which she has the right to withdraw the application for leave. In this case, the woman must write a statement on the withdrawal of the application for dismissal.

As practice shows, a pregnant woman can not be denied. But there are cases when the personnel department andthe employer can not accept such a statement because this place will be given to another employee of the same firm because of his transfer to an easier labor for health reasons. A sudden pregnancy is not the reason why a pregnant woman can demand a restoration to her former job.

Can I dismiss a pregnant woman who works part-time?

And if a pregnant woman works part-time, and her place is invited to a permanent employee, how to be in this case? Do not despair, because the employer does not havethe right to take on this place a permanent employee, if it is occupied by a pregnant woman. Even the initiative of the employer will not help him, because his actions will be considered as a violation of the law. Also, a pregnant woman can not be dismissed by decision of the general meeting of shareholders or the owner of the property of the enterprise.