The thought that tomorrow you can lose your favorite job can make anyone flinch and cross themselves. This is understandable, because work in the modern world is not only a way to earn money, but also a guarantee of happiness, confidence, so to speak, in the future. But what if there is a massive staff reduction coming? That's right, you need to prepare to look for a new job. But, unfortunately, not everyone, for a number of reasons, can easily change jobs in the event of such a turmoil. In this article we will talk about the most vulnerable type of employee of a company or enterprise - pregnant women. And we’ll find out whether a pregnant woman can be fired due to redundancy.
It's no secret that many companies and organizations are constantly cleaning their ranks. Officially, this is called staff reduction. This is done to increase efficiency, to ease the financial burden, and to speed up business processes. Naturally, expectant mothers also fall under the hot hand. And they should know their rights, they should know whether it is even possible to reduce the position of a pregnant woman. And, most importantly, how should one behave if the employer is playing unfairly in relation to layoffs of pregnant women?
Should pregnant women be afraid of being fired?
No. A pregnant woman working under an employment contract with an indefinite term is completely protected from layoffs, and indeed from any type of dismissal.
If anything happens, we turn to Article 261 of the Labor Code of the Russian Federation, where it is written in black and white.
Let's say right away that there are exceptions. As in the case of liquidation of a company and closure of business activities.
What if working conditions for pregnant women change?
We turn to Article 74 of the Labor Code of the Russian Federation, which states that in case of global structural or organizational changes in the company, the employment contract must be revised, this also applies to pregnant women. These changes may affect the schedule, working conditions, salary, etc. If there is a likelihood of staff reductions, the employer may take extreme measures: establish a part-time work week (albeit for a period of no more than six months) or even transfer to another specialty.
If such a thing occurs, then the management of the enterprise must bring to the attention of the employee all information about the changes. This must be done in writing two months in advance, with the signature of the person who has read the resolution. The expectant mother may express her disagreement with the established standards and management should offer her another possible vacancy. In this case, there cannot be a reduction in position for a pregnant woman. Naturally, only if the employee does not want this herself.
Resolving controversial issues regarding the dismissal of pregnant women
If there is no common ground with management, then in theory there should be a dismissal.
It turns out to be an extremely incomprehensible situation: the HR department, for example, announces two months in advance that there will be changes in the structure of the enterprise, but the pregnant employee does not agree with them. At the same time, the boss cannot sign her dismissal. The situation is stalemate.
And unfortunately, this point, even in the Labor Code, remains a cloudy spot and is not clearly stated. In theory, if you follow logic and the law, then the manager should leave the employee (a pregnant woman) in the same place with the same conditions, but this will lead to an inevitable conflict. And, as they say, it’s better not to conflict with your superiors, otherwise you might bite the hand that feeds you.
Why can’t a pregnant woman be fired due to staff reduction?
Article 261 of the Labor Code of the Russian Federation will answer this question. Essentially, this is insurance and support for the demographic situation in the country; the reduction of pregnant women can seriously affect the desire to have children at all. This is a measure that is aimed against dishonest entrepreneurs. It’s hard to believe, but among them there are also those who do not want to pay benefits to young mothers, let them go on maternity leave and look for a replacement position. Let's add to this reason that looking for a job for a pregnant woman or a young mother is an extremely thankless task, because very few employers will want to hire such personnel due to the frequent illnesses of young children.
The nuances of dismissing a pregnant woman
There are some aspects to this issue. For example, it does not matter whether the employer knew about the pregnancy of his employee at the time of signing the layoff decree. If, for example, a dismissed employee brought a document confirming her pregnancy, then the administration must reinstate her in her previous place. But if the pregnancy occurs after the dismissal period, then, naturally, there can be no talk of any restoration.
We already know that only two scenarios can lead to the dismissal of a pregnant employee. When a company is liquidated and when an individual entrepreneur is closed. Naturally, the employer must be notified about this two months before the liquidation deadline. According to labor law, length of service is not interrupted for the duration of maternity leave, that is, it begins from the moment the pregnant employee is dismissed and continues until the child is three years old. If we talk about payments, the employee will receive a salary for 2 months in the amount of the monthly average. Social protection structures also participate in payments to expectant mothers. The amount of such payments is equal to the amount of benefits for non-working women on maternity leave
Who will protect a pregnant woman from being laid off?
But if you still need to get protection from negligent managers who do not respect the law in relation to pregnant employees, where should you go? We will answer that to the Federal Labor Inspectorate of the Russian Federation. Within thirty days they are required to make a verification visit to the company where you work and believe me, this is the last thing your HR department wants to receive. So don't be afraid to stand up for yourself. In addition, the well-being of your child depends on it.
If the harassment is very strong, if they force a pregnant employee to resign of her own free will or explain the dismissal with the wording “due to staff reduction,” then you need to contact a more serious organization - the Special Commission on Labor Disputes. It is formed within the organization and consists of equal halves of employees and employers. If all this does not help, we go to court.
Thus, in this article we answered the question about the dismissal of a pregnant woman due to staff reduction and clarified a number of nuances regarding this topic.
Legal basis for the reduction of pregnant women
The video describes in detail the legislation regarding dismissal and layoffs of pregnant women.
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