When getting a new job, women most often do not know whether they can fire a pregnant woman during a probationary period. You need to know about your rights so that in case of problems you can protect yourself. Labor legislation provides this opportunity. For employers, this issue is important, since in case of improper dismissal, the employee will be reinstated at work, and the organization will be financially responsible for non-compliance with labor laws.

Probation period and pregnancy

When hiring an employee, the employer has the right to set him a probationary period of up to 3 months, and for managers and the chief accountant - 6 months. In practice, it does not exceed 1 month, since many managers believe that such a period is sufficient to determine the professional qualities of an employee.

The establishment of a probationary period cannot be agreed upon orally and must be specified in the employment contract. At the same time, the employee must have job responsibilities that he must perform, and clear instructions must be given. Otherwise, it will be difficult for the employer to prove that the employee did not pass the test.

Many workers have a negative attitude towards establishing a probationary period, since there is no guarantee that the person will remain working. An employer may dismiss an employee for failing to complete the probationary period. However, this period is given not only to the employer to understand whether the employee is suitable for him or not, but also to the person who, after working for a certain time, may understand that this place of work is not for him.

The employer does not have the right to set a probationary period for a pregnant woman if she provides proof of pregnancy. Of course, in such a situation there is a risk that the employer will refuse to hire you. The employer has no right to refuse on the basis that the woman is pregnant, but at the interview stage it will not be difficult for him to come up with other compelling reasons to justify his refusal. Therefore, when applying for a job, it is better not to inform the employer about your pregnancy.

Whether the employee deliberately did not report her pregnancy or whether she only found out about it during the test period does not matter. If during the probationary period an employee brings a certificate confirming that she is pregnant, then the employer has no right to dismiss her as having not completed the probationary period.

For reference! If the employee herself decides to terminate the contract during the probationary period, then the only thing that is required of her according to the law is to notify the employer about this 3 days before dismissal.

Features of dismissal of pregnant women

The state provides social protection pregnant women, installing special conditions in labor legislation for such categories of workers. It is difficult for expectant mothers to find a job, and many employers make a lot of efforts to get rid of such an employee, even to the point of forcing her to write an application of her own free will. Therefore, the Labor Code contains guarantees and benefits for women who are pregnant.

Dismissal of a pregnant woman is possible only by agreement of the parties or on the initiative of the employee herself. An exception is the liquidation of an enterprise, when all employees of the liquidated organization are subject to dismissal. Employees must be notified in writing 2 months in advance, in addition, they are entitled severance pay. In addition to severance pay, expectant mothers are paid an average monthly salary for 2 months after dismissal.

Important! Article 261 Labor Code The Russian Federation imposes a ban on termination of employment relationships with pregnant women at the initiative of the employer under any circumstances. Even violation of labor discipline is not grounds for termination of the contract.

When the employer violated labor laws and terminated the labor agreement with the expectant mother on his own initiative, then if she applies to the court to protect her rights, she will be reinstated at work. In addition, there are often situations where at the time of dismissal the manager did not know about the employee’s pregnancy. However, she files a claim in court for reinstatement at work and at the same time provides documents that confirm the presence of pregnancy at the time of termination of the employment relationship, and the court satisfies her claim.

The main purpose of the probationary period is to check the competence of the new employee and his suitability for the position held. Experts will tell you whether a pregnant woman can be fired during a probationary period.

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Is it possible to fire a pregnant woman during a probationary period?

Is it possible to fire a pregnant woman for probationary period , if during this period it turned out that the employee is not suitable for the position held and is not competent enough to perform the assigned job duties? Let us consider this issue taking into account the position of the legislation. Set the hiring test on the basis of Article 70 of the Labor Code of the Russian Federation when concluding an TD (employment contract). If there is no corresponding condition in such a document, this means that the employee was accepted without testing.

Attention! If an employee is employed by your organization and it is initially known that she is pregnant or has a child under the age of one and a half years, a probationary period is not established for pregnant employees.

In other cases, set a test period not exceeding three months. For heads of organizations, deputies, as well as heads of branches, separate structural divisions or representative offices - no more than six months. When concluding an urgent TD for a period of 2 to 6 months, you have the right to set up a trial for a period of up to two weeks. During this period, do not include periods of temporary disability and actual absence of the employee from the workplace.

Taking into account Article 71 of the Labor Code of the Russian Federation, you have the right to terminate a contract with an employee who has not passed the test, without waiting for the end of the period established in the contract. This is in the general case. But is it possible to fire a pregnant woman during a probationary period? The answer to this question is clear - no. If an employee is employed by your organization without knowing about her pregnancy, you have the right to set a probationary period taking into account current labor laws. For those employees who joined your organization while pregnant, you cannot establish a test.

Include the condition that there is no probationary period for pregnant employees in the local act of the organization. For example, in the Probation Period Regulations.

Probationary period regulations

As a general rule, TD can be terminated within the established period of verification of professional and business qualities at the initiative of the employer or the employee himself. But you cannot fire a pregnant woman on your own initiative; this is illegal. Exceptions include cases of liquidation of the organization or the end of the term of the TD, which was concluded for the period of performance of the duties of a temporarily absent employee. In the latter option, termination of the TD is carried out on the condition that you do not have the opportunity to transfer the pregnant woman to another job that is available in your organization.

In what cases can you fire a pregnant woman or a woman on maternity leave? Yuri Ivanov, HR System expert, advisor to the law firm Bryan Cave Leighton Paisner (Russia) LLP

How to apply for probation and pregnancy

In addition to the fact that dismissing a pregnant woman during a probationary period is illegal, consider the following circumstances. Despite the fact that the labor legislation does not provide direct explanations on the issues of exempting an employee from the period of verification of professional and business qualities, rely on the oral explanations of specialists from the Ministry of Health and Social Development of Russia.

If the pregnancy of an employee hired with a specified period of verification of professional and business qualities is confirmed by medical documents, this is sufficient grounds to exempt her from further verification. Article 70 of the Labor Code of the Russian Federation allows us to draw such conclusions. Issue an order or order to release the employee from probation in any form.

Order to terminate the probationary period due to the employee's pregnancy

After the director and employee have issued and signed the order, draw up an additional agreement in two copies. Exclude the test clause from the document and have the employee and employer sign it.

Additional agreement to the employment contract. Invalidation of the employee's probationary period

How to fire a pregnant woman during a probationary period

When liquidating an organization or activity of an individual entrepreneur, you can dismiss a pregnant woman during a probationary period, following the following procedure:

• give two months' notice of dismissal due to liquidation;
• receive a signature confirming the fact of familiarization.

You have the right to terminate a contract with a woman before the expiration of a two-month warning period. Obtain written consent to early dismissal, taking into account the rules established by Article 180 of the Labor Code of the Russian Federation. You have the right to terminate a TD not only during pregnancy, but also during maternity leave, passing the established period for testing professional and business qualities, or temporary absence due to illness. Make an entry about the dismissal in the work book on the basis of paragraph one of part one of Article 81 of the Labor Code of the Russian Federation.

Dismissal of a pregnant woman during the probationary period is accompanied by payment of severance pay in the amount of average monthly earnings. The employee will retain her average monthly salary for the entire period of employment, but no more than 2 months. In exceptional cases, earnings are retained for the third month if the woman applied to the employment service within two weeks, but was unable to find a job, and the said organization issued a written decision.

Pay the employee who was fired ahead of schedule, not only severance pay, but also additional compensation, the amount of which is equal to average earnings. Pay it for all days from the date of actual dismissal until the day specified in the notice of liquidation. Apply such rules not only when liquidating an organization, but also when liquidating separate units located in another area.

If a pregnant woman is dismissed during the probationary period due to the liquidation of the organization, make an entry in the work book with the following content: “Dismissed due to the liquidation of the organization on the basis of paragraph 1 of part 1 of Article 81 of the Labor Code Russian Federation».

How to fire a pregnant woman during a probationary period due to the departure of the main employee

You have the right to fire a pregnant woman hired by the company for the period of temporary absence of the main employee who returned to work, but at the same time follow the following sequence. Offer the pregnant woman all the vacancies you have, not only according to her qualifications, but also lower-level positions or lower-paid jobs.

Please keep in mind that you do not have the right to offer types of work that a woman cannot perform for health reasons. Offer vacancies in another location if such a condition is specified in the labor agreement, collective agreement, industry, regional or other agreements. If the employee agrees to take the proposed vacancy, arrange a temporary transfer. If a pregnant woman refuses the offered vacancies, dismiss her taking into account the general rules due to the expiration of the TD.

Crib. Jobs that a pregnant employee should not perform

In all other cases, it is impossible to fire an employee. If the TD expires, extend it until the end of your pregnancy. If a woman has taken maternity leave, extend the TD until the end of such leave. To extend the employment relationship, you have the right to ask the employee to provide a medical certificate confirming pregnancy and a statement.

Why is it impossible to establish a probationary period for pregnant women?

If you hire an employee, you can establish a check of professional and business qualities only if the fact of pregnancy is unknown. A pregnant woman cannot be denied employment, nor can a check period be set for her. But a woman employed by an organization has the right not to report her pregnancy.

If the employee provides the administration with a certificate confirming the fact of pregnancy, the probationary period should be canceled. You cannot fire such an employee. An exception is cases of liquidation of an organization or the activities of an individual entrepreneur, as well as the return to work of a temporarily absent main employee in whose place she was hired.

It is impossible to fire a pregnant woman at the initiative of the organization. The exceptions are cases of liquidation of an organization, the activities of an individual entrepreneur, or the departure of the main employee to work, in whose place a woman was hired. If a pregnant woman is hired by you, you do not have the right to impose a test on her when applying for a job.

Employers are reluctant to hire pregnant women. This is not surprising - soon such an employee will have to look for a replacement, while retaining her workplace. But it is impossible to refuse employment to the expectant mother.

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Dismissal, according to the law, is also impossible if a woman is pregnant. But when it comes to probation, other rules come into force.

The legislative framework

The legislation of the Russian Federation protects the rights of working pregnant women.

For this purpose, several rules have been developed, which every employer who has such employees on staff must comply with:

• impossible, under any conditions, even systematic ones;
• according to Article 64 of the Labor Code, a pregnant woman cannot be denied employment if a medical certificate confirming her position is provided;
• Pregnant women and women with children under one and a half years of age must be employed without unpaid internship or probationary period.

If the employer intentionally or unknowingly violated the law by dismissing a pregnant woman, then appealing to the judicial authorities will allow her to be reinstated in her position.

In this case, the employer will be punished for failure to comply with the Labor Code rules.

Privileges for this category of employees

Expectant mothers can enjoy many privileges at work:

• reduction in production rate;
• reduction of working hours, independent regulation of the schedule;
• changing working conditions to more favorable ones that do not pose a threat to the life and health of the unborn baby;
• increasing the number of breaks.

To take advantage of these and other privileges, a woman will need to provide a certificate from antenatal clinic, confirming pregnancy.

If we talk about more global privileges, then the expectant mother cannot be fired, even with.

She cannot be forced to work on probation. And if this type of employment occurs, then after presenting a certificate of pregnancy, the employer is obliged to transfer the woman to a permanent job.

Dismissal of a pregnant woman during a probationary period

The probationary period allows the employer to evaluate the performance of the hired employee. And the employee, in turn, becomes familiar with the rules of the organization, deciding for himself the advisability of official employment.

Many workers cannot maintain the pace of work and break up. A pregnant woman can do the same.

But if she purposefully goes to find a job in an organization and wants to work there before leaving, then she needs to immediately warn about her situation so that the probationary period does not affect her.

Is it possible to fire?

According to Articles 64, 70 and 261 of the Labor Code, dismissal of a pregnant woman during the probationary period is impossible.

If the employer is aware of the employee’s condition, then he is obliged to officially employ her.

In other words, it is legally impossible to fire an expectant mother.

If the fact was revealed during the test

Often, expectant mothers deliberately hide their situation or do not know about it themselves when applying for a job.

If there is no confirmation of pregnancy, the employer has the right to assign the new employee a probationary period, which lasts from 3 to 6 months.

The discovery of the fact of pregnancy during the trial obliges the employer to cancel the probationary period and conclude a contract with the employee.

If the expectant mother is fired, despite the rules of the Labor Code, the woman will need to go to court with a certificate from the antenatal clinic and prove what happened due to pregnancy.

As a rule, such claims end in a positive decision in favor of the plaintiff.

Dismissal of a pregnant woman is impossible in any case, regardless of her position.

So, if future mom is the head of a division or organization, then by decision of the shareholders and the founding board she cannot be dismissed.

A woman in position can terminate employment contract only .

In case of violation of discipline

Even a gross violation of labor discipline and internal regulations during work or a probationary period cannot cause the dismissal of a female employee in the position.

An expectant mother can be punished financially by imposing penalties or not paying for days off work, but terminating an employment contract is illegal!

If the test fails

Regardless of whether a woman was pregnant when she was hired or found herself in an “interesting” position afterwards, she cannot be fired for failing to pass the test.

An employer may deliberately make working conditions more difficult, which is considered illegal.

As soon as a woman brings a certificate of pregnancy, she must not only be employed on a permanent basis, but also be created with optimal working conditions that do not pose a risk to the unborn child.

Upon liquidation

According to Article 261 of the Labor Code, in the event of complete liquidation of the company, a pregnant employee may be dismissed.

And this is the only legal reason for terminating an employment contract with an expectant mother. If the enterprise ceases its activities, then the employment relationship with all employees is terminated on equal terms.

A similar action is carried out when liquidating a separate branch located in the city where the expectant mother lives.

In this case, the employer is guided by Article 81 of the Labor Code of the Russian Federation.

When contracting

It is impossible to lay off a pregnant woman.

If the company completely eliminates a specific position (which was occupied by a female employee), then she is offered alternative options for available vacancies. Pay and work schedule are subject to change.

The pregnant woman either agrees to the transfer, or quits of her own free will, or can take advantage of it.

By agreement of the parties

By agreement of the parties, dismissal should be carried out only voluntarily.

If a pregnant employee is pressured or threatened, she will be able to challenge the decision in court in the future.

During this time, the employee can refuse her decision.

How to apply?

The dismissal of a pregnant woman is formalized in a standard manner.

If she independently made such a decision or it was made by agreement of the parties, then the employer acts as follows:

• accepts an application from the employee;
• Signs the application within the established time frame, draws up;
• marks are made in the personal card and work book;
• the employee is given all compensation, wages and a work book.

Documentation

To resign of one's own free will, a woman will only need a statement.

When liquidating an enterprise, the employer is obliged to warn all employees about the upcoming dismissal one month before the closure of the company. To do this, a written notice is drawn up and distributed to employees against signature.

A similar entry is made in the work book. At the employee's request, she is given a certificate of income and a resume.

Deadlines

Article 70 of the Labor Code of the Russian Federation states that the probationary period cannot last more than three months from the date of employment.

For managers and accountants, as well as their deputies, the maximum probationary period is 6 months. The exact period is indicated in the employment contract and the order of appointment to the position.

Dismissal of employees is possible only after this period. But employees can terminate their employment contracts on any day, having worked only three days after submitting an application.

Payments

Immediately after the dismissal is completed, the woman is paid a salary for the days worked and.

The test is not established for workers who are pregnant and have children under 1.5 years of age. If the fact is revealed during the inspection, then after providing a supporting certificate, the employee must be transferred to a permanent place.

Some employers do not know whether it is possible to fire a pregnant woman during a probationary period. Doing this is strictly prohibited. After all, if a woman goes to court, she can easily recover.

Can a probationary period be established for pregnant women?

In accordance with legal regulations, an employer cannot:

• establish a probationary period for the employee;
• include a clause on mandatory testing for pregnant women in the employment contract;
• accept written consent from the employee to complete the probationary period.

It is important to note that the employer cannot check the presence or absence of pregnancy at the time of employment of a woman. Likewise, the employee should not notify management about this fact. At the same time, it is impossible to exclude the possibility of conception occurring already at the time of passing the probationary period or being hired.

If a woman finds out that she is pregnant during the test, then her rights and guarantees cannot be limited.

In accordance with the law, it can be concluded that a probationary period cannot be established for a pregnant woman in principle. If this fact is found out at the time of its completion, the inspection should be stopped and the employee hired.

Features of the work of pregnant employees

Special conditions have been created for expectant mothers during the implementation of labor activity.

It could be:

• the production rate per day has been reduced;
• working hours have been reduced;
• given the opportunity to independently regulate the work schedule;
• working conditions have been changed, as a result of which there is no threat to the health of mother and child;
• Additional rest breaks have been introduced.

These benefits are only available with official proof of pregnancy. This is a certificate issued by a gynecologist at the antenatal clinic.

Significant privileges include the inability to fire a pregnant woman even in the event of a staff reduction. Also, pregnant women are not required to undergo a probationary period.

A pregnant employee cannot be recalled from vacation, sent on business trips or on shifts. Regardless of how long a pregnant woman has worked in an organization, she has the right to go on annual paid leave before going on maternity leave or immediately after it.

Pregnancy at different stages of the trial period

A woman can become pregnant at any time, and the employer may not always be aware of it. The law prohibits dismissing a pregnant woman in any situation except:

• complete liquidation of the enterprise;
• termination of the activities of the individual entrepreneur.

To protect her rights, a pregnant woman must be:

• aware of your pregnancy;
• inform the employer about your status;
• document the fact of your condition (provide a certificate from the antenatal clinic).

Let's consider various conditions, which may arise if a woman applying for a probationary job becomes pregnant.

Pregnant woman gets a job

Of course, most employers are not eager to hire a woman who will soon go on maternity leave. However, the law prohibits refusing employment due to pregnancy (Article 145 of the Criminal Code of the Russian Federation). Therefore, if a woman who is expecting the birth of a child is hired, the employer cannot set her a probationary period. Part 4 of Article 70 of the Labor Code of the Russian Federation contains a direct ban on the appointment of tests when employing female employees in the position.

Even if a woman expecting a child writes written consent to undergo a probationary period, and a provision regarding it is included in the employment contract, this will not cancel the legal prohibition of such a procedure.

When getting a job, the expectant mother does not have to undergo any tests, which means that she cannot be fired due to unsatisfactory results of the probationary period.

Got pregnant during probation

The legal time to establish professional suitability is not always short, and it is quite possible for a probationary employee to become pregnant. In addition, by the time of employment, the woman herself may not yet be aware of her condition, which will only be confirmed during the test itself.

At that moment, as soon as the employer learns of this situation of the employee, any probationary period for her is terminated, regardless of the time it was completed and the actual results.

From this moment on, she is considered accepted into the staff and cannot be relieved of her position on the initiative of her superiors until she leaves maternity leave.

It happens that due to health reasons, the expectant mother is forced to take sick leave (for example, she needs to go to hospital), and she has not yet informed the employer about her changed status. The time while she is incapacitated for work on the basis of the corresponding certificate is still excluded from the probationary period, even if the employee were not pregnant. After returning to work, she will present a medical report that clearly confirms her condition, and will automatically receive all the benefits and privileges due to a working pregnant woman, including no probationary period.

If pregnancy occurs during the probationary period, it ends as soon as the woman informs the employer about it and documents this fact.

When is it prohibited to fire a pregnant employee?

First of all, the legislation protects a pregnant woman from the whim of the head of an enterprise who wants to fire her without a good reason, “because of pregnancy.” If a woman fulfilled all her duties, and she is fired, then she, in turn, has the right to sue the employer demanding a full renewal of the employment contract. wages and even payment of compensation for moral damage (if pressure was exerted on her by the head of the enterprise). Unjustified dismissal of a pregnant woman threatens the employer with a fine of up to 200,000 rubles or even correctional labor.

Even if the work is not done properly, there are some nuances. The law really allows expectant mothers quite a lot. In particular, it is prohibited to fire a pregnant woman for absenteeism. Even if there was no written request for excommunication on her part, the employer has the right to apply only a disciplinary sanction. The same applies to theft, damage to property, or showing up to work drunk.

It is prohibited to dismiss a pregnant employee during the probationary period. From the moment a woman presents a pregnancy certificate, she becomes a full-fledged employee of the company, and her illegal dismissal will entail serious fines for the employer.

In cases where a pregnant woman works under a fixed-term employment contract that expires during pregnancy, she is required to apply for an extension of the contractual relationship until the end of the pregnancy. Under such an agreement, she can be fired a week after giving birth.

The employee must provide a pregnancy certificate quarterly and, in the event of termination of pregnancy, immediately report it. If she decides to hide this fact and it later becomes known, the employer can fire her within seven days.

Can a pregnant woman be fired from her job? And again the answer is no! It is impossible to lay off a pregnant woman. In the event of a reduction in the department where she worked, she should be provided with another suitable place of work. If the new vacancy does not suit the employee, she has the right to resign on her own initiative.

Even if the expectant mother provided services to an individual (for example, the services of a nanny or au pair), then the citizen acts as her employer and also cannot fire her on his own initiative.

What tricks do employers use?

Even the most decent directors want to get rid of such a colleague as a pregnant woman. Even knowing that by law it is almost impossible to do this, employers begin to come up with more and more original reasons for dismissal, which are considered unlawful:

1. A woman works part-time, which means a second employer can take responsibility for her.
2. They report that such a decision (on dismissal) was made by the owner of the enterprise or the board of shareholders.
3. Dismissal is prohibited even if disciplinary sanctions have been applied to the girl.
4. The most intractable bosses begin to create unbearable working conditions for expectant mothers, forcing them to leave their place of work of their own free will. Such actions are contrary to labor law.
5. As you know, heavy work is contraindicated for pregnant women and the employer is obliged to provide easier work, but he can refuse an easier position, citing the lack of a suitable vacancy. It is worth knowing that according to the law, in this case, a woman can be released from performing her official duties for health reasons, while she retains a full-fledged income.
6. A woman in this position cannot be fired even for absenteeism, immoral behavior at work or violation of labor discipline.
7. Also, theft committed by a pregnant woman or disclosure of a trade secret will be an insufficient basis for dismissal.

Why does an employer have the right to fire a pregnant woman?

In order to fire a pregnant subordinate, the manager must not take the initiative. Dismissal at his request is a taboo. An acceptable basis may be a reason independent of the will of the employer (liquidation of a legal entity, termination of an individual entrepreneur, bankruptcy, etc.), as well as the initiative of a pregnant woman.

If no one knows

But the expectant mother, having learned about the fact of pregnancy, will be able to make attempts to be reinstated in her position. Russian legislation provides for the obligations of organizations and individual entrepreneurs to accept an employee and the absence of the right to refuse.

Violation of discipline and unsatisfactory passing results

An employee can be fired if:

• absenteeism;
• disciplinary violations;
• failure to fulfill one's own obligations;
• other circumstances.

This rule is prescribed in Article 81 for all employees. But the norm does not single out pregnant women as a separate item. In this case, you need to focus on Article 361, which does not give such a right to the employer. He can only reprimand the woman, reprimand her, or refuse to pay for absenteeism.

It is impossible to terminate the employment relationship under any circumstances. The period when the employer learned about the interesting situation of the employee or the woman became pregnant is not taken into account.

Some bosses refuse a woman due to inadequacy for her position. But Article 71 of the Labor Code of the Russian Federation provides that a pregnant employee is prohibited from creating unacceptable working conditions. If the norm is not followed, the official can be held criminally liable.

Dismissal at your own request

A woman in a position, in fact, like everyone working under an employment contract, can terminate it at any time by notifying the employer of her intention 2 weeks in advance.

In this case, the desire to quit must be your own, and not arise due to conditions deliberately created by the employer. A practice where managers blackmail or create intolerable psychological conditions work is quite common. In this case, the pregnant woman can complain to the State Inspectorate or the prosecutor's office, after which an inspection will be carried out. But the burden of proving that the application was written under duress at his own request rests with the person who resigned in accordance with Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”

The two-week period does not have to be completed if the woman is hospitalized for health reasons. That is, in essence, she is sent on sick leave, and the time of forced absence from work (sick leave, vacation) is counted towards this two-week period. Therefore, if in such a situation it is not possible to personally take the application to the employer, the pregnant employee can write a statement, and her relatives will send it by mail to the employer’s address.

That is, it is important that the paper is already on the employer’s desk during these 2 weeks while you are in the hospital. An oral statement that you may have made during a personal or telephone conversation with your employer does not count.

Please keep in mind that during the two-week period that must pass from the date of filing the application, the employer has the right to send the employee on leave. Then the amount of vacation pay during the calculation upon dismissal will be less.

Employees “in position” can withdraw their resignation letter before the expiration of the specified period - for them this is not fraught with any consequences.

Dismissal by agreement of the parties

An alternative to voluntary dismissal at the request of a pregnant employee may be termination of the contract with her by agreement of the parties.

The table will help you understand the difference between dismissal at the request of a pregnant woman and by agreement of the parties.

	Statement	Agreement of the parties
How is it processed?	In the form of a statement from a pregnant employee with her signature. The employer issues an order.	In the form of an agreement on behalf of two parties (can be drawn up by one of them, but the second party must check it). The document is drawn up in 2 copies and signed by both parties. Upon dismissal, the employer issues an order.
What if the parties do not agree?	An employer cannot refuse to dismiss an employee at his own request if he has worked for a two-week period after submitting an application.	If the employer or the pregnant woman does not agree with the provisions in the agreement, they have the right not to sign it. Then dismissal on this basis is impossible. Alternatively, in case of disagreement, you can draw up a protocol of disagreement, but if the parties do not reach a consensus, dismissal will not occur.
date of dismissal	The date of dismissal is not the date of drawing up the resignation letter, but the day of expiration of the two-week period from the date of its submission.	The date of dismissal is negotiable, that is, whatever both parties decide, so it will be. By agreement of the parties, a pregnant woman can quit without working for two weeks.

What is common between dismissal on these two grounds is that it is voluntary, and therefore does not contradict the Labor Code of the Russian Federation.

On the issue of dismissal of a pregnant woman by agreement of the parties, there is a Ruling of the Supreme Court of the Russian Federation dated 09/05/2014 N 37-KG14-4. According to its provisions, it can be concluded that a woman who signed a dismissal agreement between the parties, who did not know about her pregnancy at that time, can send an application to the employer to invalidate the agreement due to a significant change in circumstances (pregnancy), if the day of dismissal indicated has not yet arrived in the agreement.

Dismissal from a temporary position (under a fixed-term employment contract)

Allows the dismissal of a pregnant employee under a fixed-term employment contract if the following conditions are met:

1. The employment contract was concluded for the duration of the duties of the absent employee.
2. It is impossible, with the written consent of the woman, to transfer her to another job available to the employer that is suitable for her health before the end of her pregnancy.
3. The employer offered her all available jobs in the area.
4. The pregnant woman refused to be transferred to a vacancy in another area.

When considering a specific situation, all conditions must be met in order for dismissal from a maternity position (and most often fixed-term employment contracts are concluded precisely for the duration of another employee’s maternity leave) to be considered legal.

In other cases, the employer does not have the right to dismiss a pregnant woman from her maternity position. If a woman proves that she is carrying a child by providing a medical certificate, the employer is obliged to extend her fixed-term employment contract. Even if an employee goes on maternity leave, the pregnant woman must be assigned to another job. It is assumed that a transfer to a place with a lower salary is possible. In this case, the woman must decide for herself whether to remain in a position where they will pay less, or write an application of her own free will.

Are pregnant women subject to layoffs?

Reducing the staff of an organization is the initiative of the employer, which means that dismissal of a pregnant woman on this basis is impossible; such mistakes are punishable by fines in accordance with Part 1 of Art. 5.27 Code of Administrative Offenses of the Russian Federation. In addition, for the unjustified dismissal of a pregnant woman, Art. 145 of the Criminal Code of the Russian Federation provides for criminal liability.

Dismissal upon liquidation of a legal entity or termination of an individual entrepreneur

Dismissal during the liquidation of a pregnant woman is regulated by Article 180 of the Labor Code of the Russian Federation. The employer must notify her that the company will be liquidated at least 2 months in advance. Not verbally, but always against signature.

If there is not a liquidation, but a change of owners (the company is bought out, it is transferred to other persons), the woman cannot be fired due to liquidation. By law, she must continue to work under new management, unless, of course, she herself wants to quit.

• they are entitled to severance pay in the amount of average monthly earnings;
• they receive compensation for unused vacation;
• they retain their salary for two months;
• wages are calculated for the actually worked days of the current month.

According to paragraphs 10, 11 of Resolution No. 865 of December 30, 2006, maternity benefits after liquidation will no longer be paid by the employer, but by the social security department at the place of residence of the pregnant woman.

Is it possible to be fired under an article?

Labor legislation does not contain such wording as “dismissal under an article.” This is popularly understood as dismissal for committing a disciplinary offense, that is, in the course of imposing a disciplinary sanction, or due to professional incompetence.

An employer cannot fire a pregnant woman for absenteeism or other violations of labor discipline, but he has the right to impose one of the other penalties.

According to Art. 192 of the Labor Code of the Russian Federation, the following penalties may be applied to an employee:

• comment;
• rebuke;
• dismissal.

Therefore, if a woman in a position violates labor discipline, she may be reprimanded or reprimanded. In addition, there are no restrictions on the deprivation of bonuses. Pregnant women may be deprived of bonuses at the discretion of the employer.

Comparison table for reasons for dismissal

Reason for dismissal of a pregnant woman	In what cases is dismissal possible?	Sequencing
On the personal initiative of the employer	Impossible	A woman has the right to file a lawsuit demanding reinstatement and payment of compensation.
If the pregnant woman has not passed the probationary period	Impossible	After presenting a pregnancy certificate, a woman automatically goes through a probationary period
For violation of discipline	Impossible	Only disciplinary action or reprimand is possible
During company reorganization	Impossible	Another position must be provided
As a result of the liquidation of the company	Possibly upon complete liquidation of the organization or closure of the individual entrepreneur.	Paid: severance pay, vacation pay, average salary retained for two months
Upon expiration of the fixed-term contract	Possibly if the woman did not provide a certificate before her dismissal.	If the certificate is provided on time, the employment contract must be extended until the end of the pregnancy
If a permanent employee returns to work and was replaced by a temporary employee who finds herself in a situation	Possibly if the employer cannot offer the pregnant woman another position, or if she refuses it	The employee has the right to apply for another position in the company (with suitable working conditions)
At the initiative of an employee	It's always possible	The application must be submitted two weeks in advance, work is required, maternity benefits are not paid

Employer's liability

For violation of the rights of pregnant women committed by an employer, including in connection with illegal dismissal, the law provides for liability in the form of a fine. So, for example, if you fire a pregnant woman for absenteeism, the employer may pay a fine of up to 50 thousand rubles.

Issues related to violations of the labor rights of pregnant women are within the competence of the State Labor Inspectorate. It is the specified public authority that must be contacted if the rights of workers of this category have been violated in any way.

Labor law is a rather specific field that requires knowledge of the nuances of current legislation. That is why, to protect employee rights in this area, it is recommended to contact experienced specialists.

The lawyers of our site are ready to answer any question regarding the protection of the labor rights of pregnant women. On the site you can ask a lawyer a question completely free of charge and receive a competent and qualified answer as quickly as possible. short term.

Female employees who are pregnant require special protection of their labor rights and interests. Only competent lawyers will be able to provide reliable protection and provide real assistance in restoring violated rights.

What to do if an employer violates the labor rights of a pregnant woman

Despite the guarantees for pregnant women enshrined in the Labor Code of the Russian Federation, cases of unjustified dismissals are not that uncommon.

An employee can appeal the employer's actions to:

• State Labor Inspectorate;
• the prosecutor's office;

Unjustified dismissal of a pregnant woman threatens the employer with administrative and even criminal liability:

• According to Art. 5.27 Code of Administrative Offenses of the Russian Federation with a fine of 1,000 to 5,000 rubles for officials and individual entrepreneurs, as well as from 30,000 to 50,000 for legal entities.
• In accordance with Art. 145 of the Criminal Code of the Russian Federation with a fine of 5,000 to 200,000 rubles or in the amount of salary/income for 18 months or compulsory work from 60 to 360 hours.

The employer is brought to administrative responsibility by the State Inspectorate, and if necessary, transfers the inspection materials to the prosecutor's office in order to bring the culprit to criminal liability. But this procedure is not mandatory - the victim can herself contact the prosecutor’s office with a complaint.

In addition, she has the right to file a lawsuit against the employer, where, of course, her violated rights will be restored:

1. She will be reinstated, and may require the issuance of a duplicate work book, where there will be no record of dismissal.
2. She will be paid compensation for her forced absence.
3. The employer will have to compensate for moral damage if it is proven.

According to Art. 393 of the Labor Code of the Russian Federation, an employee is exempt from paying state duty when defending labor rights in court.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.

Protecting rights in court: an example

Employees often turn to judicial authorities to have them reinstated if they are fired during pregnancy. For example, citizen Semenova A.V. was filed statement of claim. It reflected that she was hired at Colosseum LLC with a probationary period of four weeks. At the end of the inspection, the employer decided not to continue the employment relationship due to inconsistency with the position held.

The woman provided a certificate confirming the fact of pregnancy within the above four weeks. In accordance with all the circumstances, a court decision was made to reinstate the woman in her position and hire her at Colosseum LLC.

A woman must go to court to consider the case within 14 days after dismissal.

Pregnant women cannot not only be fired, but also generally required to undergo a probationary period. They can sever their employment relationship with their employer at their own request or upon liquidation of the organization.