Fire a pregnant employee for absenteeism. What to do if an employer violates the rights of a pregnant woman? Labor rights and guarantees for pregnant women

Russian labor legislation categorically prohibits on negative grounds, since their status is especially protected on state level.

However, the rights of employers are protected by law in relation to negligent employees.

The company has the right to get rid of absentees, guided by the Labor Code. Article 192 of the Labor Code provides for the possibility of dismissal for violation of discipline.

The work procedure in the company is established by such a local act as PVTR (routine rules). The rules set out a work schedule that is mandatory for all employees of the company, including the administration.

Absenteeism according to the norm of Article 81 of the Labor Code is serious, for which you can be fired even if it was an isolated case. Meanwhile, absenteeism is recognized as the proven fact of an employee’s absence from work. In this case, the following circumstances must coincide:

the employee was absent for more than 4 hours;
permission to leave work (dismissal letter or application for leave) was not issued;
the validity of the reasons for absence has not been proven (sick leave, summons, doctor’s voucher, certificate from the ambulance, etc. have not been presented).

Absenteeism is always formalized by an act, and the dismissal procedure is as follows (Article 193 of the Labor Code):

on the basis of the truancy report, the director issues an order explaining the reasons (handed to the truant against signature);
two days later, a discipline order is issued (based on the director’s decision, taking into account explanations or lack thereof);
The truant is familiarized with the order in writing;
Based on the disciplinary order, a dismissal order is issued.

An order to terminate the contract for absenteeism can be issued no later than six months from the date of recording the absenteeism. This period is extended if the offender falls ill or.

Rights of pregnant women

The working conditions of employees expecting a baby must comply with a special regime!

To this end, legislators have developed a number of guarantees for employees with special status, listed in Chapter 41 of the Labor Code. For example:

reduction of the working day to 6 hours (at the request of the woman);
reduction of computer work to 3 hours;
exception of severe and harmful work;
exclusion of business trips and .

At the same time, Article 261 of the Labor Code prohibits the dismissal of pregnant employees unless the dismissal is caused by:

or individual entrepreneur;
An employee who was temporarily replaced by a pregnant woman returned to work.

How to punish a pregnant woman for absenteeism?

While the employee is pregnant, it's not allowed. But it is necessary to register a violation of discipline. Registration of absenteeism takes place according to general rules:

in the presence of two witnesses, a report is drawn up stating that the employee was absent from the workplace for more than 4 hours in a row;
Against her signature, she is given an order to give an explanation (if she refuses to sign or she does not get in touch, a report on this is drawn up).

Based on the act, you can apply a penalty in the form or, which is recorded in the discipline order. You also need to take into account that absenteeism must be noted on the report card.

What are the consequences of a penalty? The PVTR, the collective agreement or the Payment Regulations may contain conditions that violation of discipline may become a reason for.

At the same time, absenteeism is not paid, and therefore will not be included in the calculation period maternity leave.

All this will affect the amount of vacation pay (maternity and ESD).

Dismissal upon return from maternity leave

You cannot fire the mother of a child under three years old.. This is directly stated in the 4th part of Article 261 of the Labor Code. And by the time the child turns 3 years old, the deadline for prosecution will expire (six months).

That is, it will not be possible to fire an employee for absenteeism during her pregnancy and for 3 years after the birth of the baby.

The only condition for applying dismissal for absenteeism may be the fact of abandonment of the child or his death. But no more than six months should have passed from the moment of absenteeism, and there should not have been a reprimand or reprimand (for one offense one type of penalty is imposed).

Judicial practice

Case No. 33-32308A (Moscow City Court): the employee was dismissed as having failed the test. However, she did not provide any documents about pregnancy. The only notice regarding her condition was an explanation of disagreement with the dismissal citing the presence of pregnancy.

At the hearing, the plaintiff brought a certificate stating that at the time of her dismissal she was pregnant (8 weeks). As a result, the court ordered her to be reinstated at work, and the company recovered forced absenteeism and legal costs (in total, more than a hundred thousand rubles) from the company in her favor.

Case No. 33-33784D (Moscow City Court): circumstances were clarified at the meeting:

the employment contract was not signed, but the entry in work book was done;
the employee did not show up for work for several days without good reason;
one day she told the personnel officer over the phone that she was pregnant;
a week later, the personnel officer came to her home, informing her of her dismissal;
the entry in the work book was cancelled.

The judge did not take into account the facts about the plaintiff’s numerous absenteeism and failure to provide a certificate from the antenatal clinic. As a result, the employee was reinstated and received compensation for forced absences.

As follows from the analysis court decisions, the judge will always side with the plaintiff, who was pregnant at the time of dismissal. Proven facts will not affect the decision:

outright abuse of right (there are cases that pregnant employees do not go to work without good reason, knowing about their status and the prohibition of dismissal);
concealment of information about pregnancy.

It is impossible to punish such an employee with absenteeism, but violation of discipline will significantly affect.

It happens that employers are faced with such a very difficult problem as dismissing a pregnant employee for violations labor discipline. For example, if an ordinary employee has absenteeism, that is, absence from the workplace without good reason, paragraphs can be applied to it. "a" clause 6, part 1, art. 81 of the Labor Code of the Russian Federation (dismissal for absenteeism). But this article does not apply to women expecting a child.

But what to do if a pregnant employee skips work, how can you fire a pregnant employee, what law is applicable in this case? Let's figure it out:

In what cases is dismissal possible?

It must be said that at one time this issue was raised before the Constitutional Court of the Russian Federation. And the court issued a Ruling dated November 4, 2004 No. 343, in which it pointed out the fact that Art. 261 of the Labor Code of the Russian Federation gives a pregnant employee special rights, protecting her from dismissal from work. The protection of her rights in this case boils down to the fact that a woman in a state of pregnancy cannot be fired in any case, except for one - in the event of liquidation of the enterprise where she works. Therefore, dismissal on the grounds described in Art. 81 Labor Code is not applicable to a pregnant employee.

True, it must be said that the employer can fire such an employee if he hired her during the absence of the main employee.

What can be done?

However, adequate disciplinary action may be taken against the employee. Such measures include reprimand and reprimand. If this is provided for in the employment contract, you can deprive her of part or all of the bonus. In this regard, if a pregnant employee has committed a violation of labor discipline, in particular, single or repeated absenteeism, some kind of penalty can be imposed on her, but not fired.

Since employers are often concerned about the question of how to properly fire a pregnant woman, but they sometimes forget that these employees have certain benefits, I want to remind them. It will also be useful for women themselves to know about their rights:

Benefits for pregnant women

In the event that your fixed-term employment contract ends, write an application for its extension until the due date. Your employer is obliged to renew the contract. Do not forget to attach a certificate from a medical institution to your application confirming your pregnancy. After renewal employment contract Until the end of your pregnancy, you will have to present such a certificate once every three months.

It is necessary to remind the employer that if there is a medical report and a personal statement, the pregnant employee must reduce production standards or transfer to a higher one. light work. This work should not be related to negative impacts any production factors(noise, dust, chemicals and much more). Moreover, a transfer to an easier job implies maintaining her earnings at her previous place.

Before a woman is given another workplace, she should be released from her current job, while maintaining her average salary. Earnings are retained even if she missed working days due to a delayed transfer. They must be paid in full by the employer.

Pregnant women should undergo a medical examination in a timely manner. For the entire period of absence from work for this reason, their average earnings are retained.

It should be recalled that employees expecting a child are prohibited from being sent on work trips. It is also prohibited to force them to work overtime, as well as on holidays and weekends.

And yet, before the maternity leave period approaches and immediately after it, or when the maternity leave ends, the employee must be provided with annual paid leave. Moreover, its provision does not depend on her length of service at this enterprise. Such leave is granted upon her request.

Remember your rights, but don't forget your responsibilities!

The arrival of a child in a family is wonderful and joyful event. But it is often accompanied certain difficulties. For example, a mother may have problems with work. Many women in the Russian Federation try to work during pregnancy and only go on maternity leave after the 30th week. Some girls build a career right up to giving birth. But sometimes companies try to get rid of a woman in an interesting position.

Is it possible to do this? How is termination carried out? labor relations with the mentioned category of workers? Is it possible to fire a pregnant woman for absenteeism? Below, answers to all of the above questions will be given. We have to study all the features of terminating an employment relationship with a woman in a situation in the territory Russian Federation.

Definition of truancy

The main problem is that employers have special labor relations with pregnant women. They provide many nuances and features. Each company will have to comply with them. Otherwise, the employer may be sued and the organization may be subjected to all sorts of inspections. Is it possible to fire a pregnant woman for absenteeism? First, let's find out what situation we are talking about.

Absenteeism is the intentional absence of an employee from the workplace without warning the employer and without good reason for 4 hours or more. It is important to remember that absenteeism means continuous absence from work. If an employee was not at the company for 2 hours, and then he appeared and disappeared again, such an act will not be considered absenteeism.

Ideally, subordinates will receive a reprimand or disciplinary punishment for one absence. Dismissal follows several absences from work. But even for one absence they can be kicked out of the organization. But these rules apply to ordinary subordinates. The legislation of the Russian Federation calls pregnancy a special situation in which employees are entitled to many bonuses and benefits.

Validity of reasons for absence

The main problem associated with dismissal for absenteeism is determining the validity of the reasons for absence from the workplace. The legislation of the Russian Federation does not clearly define situations in which long absence at work is not considered absenteeism. Usually this issue is considered individually - by the court or the employer.

Most often, the following circumstances are not considered absenteeism:

natural disasters;
Emergency situations, the elimination of which requires the presence of one or another subordinate;
traffic jams in the city;
transport problems;
accidents;
being interrogated/under investigation/in court;
labor has begun;
other circumstances beyond the employee’s control.

But the illness of a child or close relative is not a reason to miss work. You will have to warn the employer about your absence from work on a given day.

Doctors and absenteeism

Is it possible to fire a pregnant woman for absenteeism? Answering this question is problematic. Especially when you consider that pregnant women often have to leave work for a medical examination. The employer is obliged to let pregnant women go antenatal clinics, appointments with specialist doctors and tests. If he keeps an employee in the company at the time she needs, the subordinate has the right to leave just like that.

A long absence from work due to a visit to the doctor will not be considered absenteeism. The main thing is to prove your stay in a medical institution. For example, get a doctor’s certificate or bring an appointment slip to a specialist.

Important: this principle applies to all employees, not just pregnant women.

Rules of conduct in a company and pregnancy

A pregnant employee in Russia has a special position. It can be called preferential. After all, the legislation of the Russian Federation tries to protect women expecting a child. Nevertheless, the girl’s special position does not give her the right to grossly violate the company’s internal regulations. And if a woman abuses her pregnancy, she can be punished. This is not a very common phenomenon, but exists in practice. But is it possible to fire a pregnant woman for absenteeism and violations?

Bonuses for pregnant women

First, let's talk about what guarantees every employer is obliged to provide to its “special” employee. After all, the rights of pregnant women are very often violated.

At the request of the employee, management must:

reduce the working day to 6 hours;
reduce the period of work at the computer to 3 hours;
release the employee from hazardous activities and physical activity;
do not send your subordinate on business trips or other trips;
It is prohibited to involve pregnant women in overtime work and night shifts.

In addition, if a girl works for a company for more than six months, she has the right to paid annual leave. Not everyone remembers this.

Is it possible to fire a pregnant woman for absenteeism? And if so, how to do it? After all, the rights of pregnant women say nothing about violating the rules established in the organization.

Dismissal for absenteeism and pregnancy

In fact, everything is not as simple as it seems. IN real life employers often try to fire employees who are “in a position” for missing work without good reason. But in fact, doing this is prohibited. Is it possible to fire a pregnant woman for absenteeism? No. What about other violations of current company regulations? Not either.

The employee may be fined, reprimanded or subject to disciplinary action. But it is impossible to terminate the contract due to absenteeism with the category of citizens being studied. This is a direct violation of current legislation.

Methods for dismissing pregnant women

Is it possible to fire a pregnant woman for absenteeism? As we have already found out, no. There are a number of exceptions, but more on them later. First, let's talk about how you can generally get rid of a “problematic” subordinate. This is difficult to do. Especially if you follow current legislation. After all, according to the Labor Code of the Russian Federation, an employer cannot fire a pregnant woman on his own initiative.

Termination of employment relations can be:

at the request of the employee;
by agreement of the parties;
in connection with the liquidation of the company;
upon termination of the activities of the individual entrepreneur.

There are no more options for the development of events. It is really difficult to get rid of a woman in a position. But modern employers quite often try to violate the labor legislation of the Russian Federation.

Dismissal at will

The simplest scenario is the dismissal of the employee at her request. The process is carried out in exactly the same way as in the case of terminating relations with an ordinary employee. It is prohibited to keep a subordinate at work by force. And to persuade you to leave your job in every possible way, too. For such acts, the employer may receive a fine and face a lot of inspections.

Probation period and pregnancy

Is it possible to fire a pregnant woman during a probationary period in the Russian Federation? This is a question many modern employers ask. The main problem is that the law does not provide for a probationary period for pregnant women. The woman must be hired immediately. This means that there is no probationary period for the category of citizens under study in principle. And there is no need to be afraid of dismissal during this period.

Part-time job

Is it possible to fire a pregnant woman who works part-time? This option doesn't come up too often. And that’s why not many people know about him. Part-time work provides the same guarantees as regular employment. This means that you won’t be able to just get rid of a pregnant woman. This is only possible due to the previously listed circumstances.

Staff reduction

Here's another interesting situation. Is it possible to fire a pregnant woman due to staff reduction? Actually, no. It is prohibited to lay off pregnant women and women on maternity leave. If a job reduction is carried out, the employer is obliged to offer the subordinate a suitable vacancy. If there are none, the employee may not go to work until she is found an appropriate position in the organization. If the proposed vacancy was rejected by the pregnant woman, and there are no other places for employment, the employer can issue a dismissal. But in real life this is difficult to do.

Liquidation of the company

Is it possible to fire a pregnant woman for absenteeism in Moscow? No. And in other regions of the Russian Federation too. This is illegal. However, you can terminate the contract with an employee upon liquidation of the company. This event must be notified 2-3 months in advance. And then make compensation payments due to all employees upon liquidation of the organization.

How to fire a pregnant woman

Is it possible to fire a pregnant woman for absenteeism if she is punished by deprivation of her bonus? No. And this is impossible without additional punishment. These rules are dictated by the labor legislation of the Russian Federation. In general cases, it is possible to fire a pregnant woman. For absenteeism or any other violation, the employer has the right to dismiss any employee. And if he does not know about the employee’s pregnancy, he is capable of severing the employment relationship.

Important: in this case, management will have to prove that the company did not know about the employee’s pregnancy. Otherwise, upon presentation of a pregnancy certificate, the subordinate will receive all the benefits and other bonuses entitled to her by law. This means that dismissal will not take place.

How to resign at will

A few words about how to leave work at will. We have already said that in the case of pregnant women, the procedure is no different from the situation with ordinary workers.

The algorithm of actions to implement the task will be as follows:

Submit a letter of resignation on your own initiative.
Submit a request to the HR department. It is advisable to do this 2 weeks before the expected date of leaving the company.
Work the 14 days allotted by law. You can go on sick leave or vacation at your own expense so as not to have to deal with detention. This is a fairly common occurrence.
At the appointed time, come to the employer for payment and documents.
Get your hands on the money you are entitled to by law.
Sign in special accounting books - for payment and for delivery of documentation.

That's all. In fact, termination of employment relations on personal initiative is the simplest scenario.

Fixed-term contract and pregnancy

Is it possible to get rid of a pregnant woman working under a fixed-term contract? A pregnant woman has the right to extend the duration of the agreement until childbirth or until the end of maternity leave. If the employee does not do this, the employer has the right to terminate the employment relationship. It is prohibited to retain subordinates in companies. And not only pregnant women.

Conclusion

We found out what rights pregnant women have at work. In addition, we have presented to your attention all possible ways termination of labor relations with the studied category of workers.

In real life, legally getting rid of a pregnant subordinate is very problematic. The employer will have to comply with all the previously listed rules. Otherwise, the company faces a fine, inspection and reinstatement of the pregnant woman.

Pregnancy is a special period in the life of every woman. With his arrival in different areas In life, sometimes minor but important changes occur.

The labor process is no exception. This is why most employers deliberately avoid working with potential expectant mothers.

Many young girls have encountered difficulties in finding employment that are related specifically to their age. The reason for these difficulties is that each of them may become pregnant in the future and will be subject to the so-called “dismissal immunity”. What is its essence, we will consider further.

Several reasons for leaving.

According to the Labor Code of the Russian Federation, the basis for construction is a contract.

They cannot fire you for absenteeism.

Loss of trust

If an employee made a mistake during his employment that resulted in damage to the company, the employee is considered unreliable. As a rule, according to the law, the employer has the right to dismiss such an employee.

But, given that this also applies to the initiative of the employer, if we are talking about a pregnant woman, she cannot be fired before going on maternity leave and while she is on maternity leave, her place is reserved.

Why don't employers want to work with pregnant women?

One of the reasons why employers are reluctant to work with pregnant employees is due to the likelihood of impunity for disciplinary violations, as discussed above. That is, a woman may not attend the workplace, but it will still be impossible to terminate the contract with her.

In addition, employers are reluctant to hire young childless women due to the fact that they may soon become pregnant and go on maternity leave, as mentioned above. What is the problem of an employee’s pregnancy for an enterprise?

The problem is that from the 36th week of pregnancy until the child is 1.5 years old, the woman is on vacation.

To ensure that the work process does not stop, it is necessary to find an appropriate specialist for this position who will agree to temporary work.

As a rule, this is quite difficult.

Reasons why pregnant women may be fired

You can resign at your own request.

According to the legislation of the Russian Federation, an employment contract with a pregnant woman can be terminated on her initiative. Also, the reason for termination of the employment relationship may be circumstances beyond the control of the parties.

As a rule, this is the complete liquidation of the enterprise or the termination of the activities of individual entrepreneurship. Even under these conditions, the employer is obliged to find a vacant position for this employee in another organization.

Also, termination of the contract can be carried out in the event of a change of owner or reorganization of the enterprise. Since the contract was concluded with the previous employer, it ceases to be in force as soon as this person is deprived of authority. But this does not mean that a woman should be left without work.

If the new owner did not renew the contract with the woman in the situation, but simply fired her, then the woman has the right to contact the labor protection service with a statement about the violation of her rights.

There is another scenario in which a pregnant woman may be deprived of her job. Every contract has an expiration date. If the contract expires before the woman leaves on or while on vacation, the employer has the right not to renew it.

In all other cases, according to the legislation of the Russian Federation, a pregnant woman cannot be fired. Termination of a contract with her is punishable for employers.

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

You can go to court.

From the article you have already learned that the dismissal of a woman at the initiative of the employer is a violation of the legislation of the Russian Federation. But not everyone knows how to defend their rights. If the woman was fired under one of the following articles:

clause 2, part 1, art. 81 – staff reduction;
clause 3, part 1, art. 81 – inconsistency with the position held;
clause 4, part 1, art. 81 - change of owner;
clause 5 part 1. Art. 81 – disciplinary violations;
clause 6, part 1, art. 81 – gross disciplinary violation;
clause 7, part 1, article 81 – loss of trust in connection with relevant actions;
clause 8. part 1 art. 81 – committing immoral act a person performing educational functions;
clause 9, part 1, art. 81 – unjustified dismissal;
and others.

She has the right to appeal to the district court about the violation of her rights. This must be done within a month from the date of termination of the contract. Proof of the violation is the work record book or dismissal order.

A woman can demand financial compensation or reinstatement in her position.

Moreover, if the reason for dismissal was not justified, then the employer must bear an administrative penalty.

What should you pay attention to?

The pregnant woman retains her workplace.

It is important to pay attention to the fact that the norms provided for by the Labor Code regarding maintaining a job for a pregnant woman apply only if she is officially employed.

Persons who have not entered into a contract with an employer, are not on the company’s staff and do not have an appropriate entry in the work book are not protected by the state. The dismissal of such workers, as well as the fact of work itself, is not documented. Therefore, appeal to the courts is impossible.

Unofficially employed women receive maternity benefits as unemployed. That is, its size is minimal, and is not calculated based on wages.

An option may also be provided in which even the conclusion of an agreement does not guarantee respect for the rights of a pregnant woman. When signing a contract, you must carefully read its contents.

To ensure reinsurance, the employer can include a clause in the contract regarding termination of the contract in the event of pregnancy. In that case litigation become more complicated, since these conditions were initially agreed upon during employment.

But both the employer and employees should be aware that the presence of such a clause in the contract is a violation of the legislation of the Russian Federation.

Therefore, in the event of a lawsuit, it is still possible to prove your case and be reinstated in your position.

Pregnant women are a particularly challenging issue for many businesses. This is partly due to the fact that, according to Article 81 Labor Code In the Russian Federation, she cannot be dismissed at the initiative of the employer. If she is dismissed for a reason beyond the control of the parties, she must be given the opportunity for further employment.

The only reason she can be fired is on her own initiative. As a rule, this is rare, because after leaving maternity leave, which lasts 1.5 years, a woman must have a job. Also, the amount of benefit for working women depends on their average salary, while non-working women receive a minimum payment.

From this video you will learn about dismissal for absenteeism.

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Happy event for expectant mother- pregnancy - can cause exactly the opposite emotions in her boss. This is especially true small companies. The employer in the case of " interesting situation» of his employee must find another employee with similar qualifications and knowledge for the duration of the maternity leave. The employer must also pay maternity benefits during parental leave. All this may not please him, but adequate employers understand that a woman’s purpose is not to work for the benefit of the company all her life. Despite the fact that pregnant women are traditionally treated more sensitively at an enterprise or company, the provisions of the law must not be forgotten or ignored.
A woman’s “interesting position” does not give her grounds to violate work hours, skip work without a good reason, or disobey the Labor Code of the Russian Federation. This is important, since the employer, for its part, in the event of violations of legal requirements by an employee, can take appropriate measures. The dismissal of a pregnant woman for absenteeism without a good reason causes a lot of controversy in practice and in the courts. It is no secret that many employers do not comply with the requirements of the law, although it is possible that a pregnant girl also abuses her position. Disputes between employers and staff are resolved in court. In addition, if an employee decides that his rights have been grossly violated by his boss, he can write to the Prosecutor's Office, as well as to the Labor Inspectorate.

Is it possible to fire a pregnant woman for absenteeism under the law?

Truancy is a term that, according to the Labor Code of the Russian Federation, has several characteristics:

the person is absent from work for more than 4 hours without a valid reason;
he did not notify his employer in advance of his absence.

Thus, absenteeism is the absence of an employee on site labor activity without a good reason and without prior notice to the employer for more than 4 hours. Absenteeism is a gross violation and is punishable by financial penalties, demotion or dismissal. For documentation the fact of absenteeism, the employer must draw up a special report, this must be done in the presence of 2 or more witnesses, take explanations from the employee and familiarize him with the dismissal order. If the employee brings the boss a certificate from the doctors, the violation is declared invalid, and the punishment is removed from the person due to illegality. Even a single absence gives the employer the right to part with the employee by dismissing the guilty person. The legislator allows the dismissal of an unscrupulous employee if the employer provides evidence of the staff’s guilt. For example, evidence may include an act of refusal to provide an explanation for absenteeism from the violator, written in writing, or the consent of the culprit with the violation, created in a similar form. It is allowed to fire an employee for absenteeism within six months from the moment his misconduct was discovered. The employer is obliged to prove that absenteeism occurred during the person’s work shift, which is confirmed by the work schedule signed by the employees. That is, during the period specified in the schedule, the employee was not at the enterprise, in its specific division or at the site.

Dismissal for absenteeism is not the only punishment that can befall a negligent employee. In this sense, the legislator gave some right of choice to the employer. He can punish the employee financially, but not fire him. It is difficult to say how correct this is.
An employer can take advantage of a personal relationship with a specific person, for example, for the same violation, fire one and punish the other financially. This is probably not entirely fair.
If the employer is limited to a reprimand, then it is entered into the work book. If the reprimand was made orally, then without entering it into the work book. A reprimand is issued on the basis of an order or instruction issued by the head of the enterprise. But the employer is obliged to require an explanatory paper from the employee, in which the latter sets out the reasons that prompted him to act in this way: to violate labor laws.

The Labor Code of the Russian Federation has established a number of conditions and guarantees for pregnant women. In particular, at the request of expectant mothers:

the working day can be reduced to 6 hours;
PC work time is reduced to 3 hours a day;
woman frees herself from difficult work, physical activity, from working under harmful and dangerous working conditions;
a woman is exempt from official travel;
A pregnant woman cannot be forced to work overtime without her consent;
a pregnant employee has the right to count on annual leave (paid) if her work experience in the organization is more than 6 months.

An employment contract cannot be terminated unilaterally by the employer. Termination of the employment relationship is possible only with the consent of the parties. A pregnant woman is not deprived of her rights and guarantees even if she violates legal norms. Not for all women this is an incentive to work normally, without violations.

If a woman abuses her position, the employer can impose a disciplinary sanction on her, but a pregnant woman cannot be fired!! This is evidenced by Article 261 of the Labor Code of the Russian Federation, which imposes a ban on the employer from dismissing a pregnant woman.

Dismissal of a pregnant woman for absenteeism or violation of labor obligations

If Article 261 prohibits a boss from dismissing a pregnant employee for absenteeism, then what should an employer do in this difficult situation? It is necessary to refer to the provisions of Article 192 of the Labor Code, it provides disciplinary action. They can be applied to a pregnant woman:

comment;
rebuke.

Thus, the employer should not turn a blind eye to the unreasonable behavior of his employee, even if she has an “interesting position.” Instead of dismissal, the employer may reprimand or reprimand her. Ladies should understand that reprimands are recorded in the work record book. Pregnancy is a condition that ends after 9 months. Someday a successful mother will need a job. But a female employee who has many reprimands in her work book is unlikely to be needed in a company or enterprise. In addition, a woman may simply not be hired after carefully studying her track record. Therefore, you should not abuse the employer’s patience without good reason. Also, a worker who constantly violates labor standards may be financially punished. For example, the employer may not award her bonuses.

Dismissal of a pregnant woman while absent for treatment

In many cases, the reason for missing work is the poor health of the pregnant woman. In this case, she must report this to her boss before the start of her work shift and go for treatment. The doctor is obliged to issue her a certificate. If an employee does not come to work without a good reason, you need to draw up an act of absence from work.

Rights and guarantees of pregnant women at work

Articles 64, 70 of the Labor Code - stipulate the guarantees that are provided to pregnant women when concluding an employment contract. For example, it is prohibited:
- deny employment to women for reasons related to her pregnancy;
- establish a probationary period for pregnant women.
When concluding an employment contract, a pregnant woman has the right to the following guarantees and benefits:
- incomplete working hours(the number of hours of work per shift accepted for this category of workers is reduced;
- incomplete week (the number of working days is reduced compared to the week established for this category of workers), the duration of the shift remains the same;
- combination of modes: allowed by labor legislation, while the number of hours of work per shift established for this category of workers is reduced, while the number of working days per week is reduced.
A woman can send a request to the employer with a request to determine a part-time working day for her during employment, as well as in the future if she realizes that a full-time schedule is difficult for her. According to Article 93, Part 1, the employer has no choice but to satisfy the request. Part-time working hours can be determined either without a time limit or at any convenient time.
Special working conditions

These are a number of provisions prescribed in the Labor Code of the Russian Federation, prohibiting employers from hiring women in the following positions:

to work per day, to overtime work;
to work on non-working days;
to work on a rotational basis.

According to Article 259, paragraph 1, an employer cannot send pregnant women on business trips. In addition, if a woman expresses a desire that she should

One of the most important guarantees is the guarantee that the pregnant employee will retain her average salary. The law defines several cases in which the employer is obliged to do this:

the period during which a pregnant woman performs easier work, despite this, the work must be paid for previous work, which may be much more difficult;
the period during which a worker is exempt from work due to the harmful effects of hazardous production factors on her. These days must be paid;
time of examination in a medical institution (mandatory, dispensary).

Being on maternity leave.

Guarantees of providing the employee with the next vacation.

It is inadmissible to dismiss a pregnant employee at the request of the boss.

How can a pregnant woman be punished?

An employer has no right to fire a pregnant woman even for absenteeism. If this happens, the pregnant woman has every reason to go to court, the Labor Inspectorate or the prosecutor's office to protect her violated rights. But the employer has the right to reprimand the pregnant woman verbally or in writing, as well as write a reprimand. In any case, the employer’s patience should not be abused. Especially if a woman plans to return to work after maternity leave in the same company.