What if want to dismiss pregnant
Pregnancy employee often seems the head of a compelling reason for her dismissal. This is not surprising, because the woman will have to provide paid sick leave and maternity leave. However, if a pregnant employee knows his rights, it will be able to avoid layoffs.
Instruction how to be, if you want to fire a pregnant
Remember that the employer can not dismiss his employee for pregnancy. Women in this case are protected by law: in accordance with Article 261 of the Labor Code of the Russian Federation, the termination of an employment contract with a pregnant woman on the initiative of the employer is permitted only in the event of termination of the PI or liquidation of the organization. If the chief is threatening you with dismissal, referring to your position, you can remind him that it was illegal.
If the term of the employment contract of a pregnant employee expires and the employer intends to use it to dismiss a woman, her only enough writing for an extension of the contract. In this case, the boss must extend cooperation, and the fact that a woman is expecting a baby, can not be a reason for refusal. Note: the updated agreement is valid only until the end of pregnancy.
Do not succumb to provocations of the employer. Often pregnant women threatened with dismissal due to serious violations of the employment contract, forcing them to leave on their own. In fact, grounds for dismissal can only serve as points 1, 5, 6, 7, 8, 10 and 11 of Article 81 of the Labour Code of the Russian Federation, even though the employer has to prove a violation of the labor contract by the employee. In particular, pregnant by law can not fire due to downsizing, so that the popular reference to paragraph 2 of Article 81 of the employer - no more than empty threats.
Be aware that an employer may not dismiss a pregnant employee passing probationary period for non-compliance. The fact that the employment probation period for women who are pregnant, do not install, because it is contrary to Article 70 of the Labor Code of the Russian Federation. Besides, it does not matter exactly when the employer learned of pregnant employees before hiring or after.