Whether to cut a widow with a child. Is it possible to fire a widow with a child. Prohibition on the dismissal of certain categories of workers

"Personnel officer. labor law for personnel officer", 2008, N 3
Question: Can an employee be fired if she is a widow with two minor children? Can her position be made redundant?
Answer: Such an employee has only one advantage in cases where the employer is the initiator of the termination of the employment contract.
In accordance with Art. 179 Labor Code Russian Federation the presence of two or more dependents (disabled family members who are fully supported by the employee); the absence in the family of other employees with independent earnings is a preferential right to stay at work in case of a reduction in the number or staff of the organization's employees.
This pre-emptive right can only be exercised if several employees have the same labor productivity and equal qualifications. If, for example, this employee works worse than another and she has lower qualifications, then Art. 179 of the Labor Code does not apply: the employee who works better remains at work, even if she does not have "benefits".
L. Frantsuzova
Lawyer
Signed for print
25.02.2008

5/5 (3)

Legitimate reasons for dismissal

The presence of minor children is a factor that ensures special treatment of employees upon dismissal.

Art. 261 of the Labor Code of the Russian Federation considers in detail the cases and necessary conditions for terminating the contract with the following categories of employees:

women with children under 3 years old;
parents of a disabled person under 18 or a child under 14;
parents of many children.

Despite the guarantees provided by law, a woman who falls into one of these categories may lose her job under the following circumstances:

the employer ceases to operate - the organization is liquidated, individual entrepreneur officially ends work;
in the presence of disciplinary action in any form, if the employee repeatedly fails to perform labor duties;
it becomes known that the employee was hired using forged documents.

Remember! The use of false documents for employment is the reason for imposing an administrative penalty, in addition to dismissal;

the employee's actions cause damage to the employer in the form of loss of property or money. We are talking about cases of theft, embezzlement, destruction of property. It is necessary that such a violation be recorded by an appropriate document of the established form - a court verdict, resolution, etc.;
the employee allowed the disclosure of information entrusted to him. This type of violation includes the disclosure of official, trade secret or personal information about others;
the employee violated labor protection rules, which caused an accident, accident and other consequences;
a citizen appeared at work in a state of toxic intoxication(alcoholic or otherwise).

If we are talking about a gross violation of duties, a single episode is enough to lose a job;

the employee who was entrusted with educational powers committed immoral acts;
the employee made absenteeism - did not show up for work or was absent for more than four hours in a row. In cases where workplace is not clearly defined, the employee has no right to leave the territory of the enterprise. It is this fact that will be recognized as absenteeism;
the employee did not provide the employer with the required reliable data on income and property, which caused a loss of confidence in him.

Under such conditions, the general rule. The law prohibits the dismissal of an employee during his illness (temporary disability) and during vacation, except in exceptional cases - liquidation, reorganization of the company.

If this prohibition has been violated, the employee has the right to appeal against the actions of the management in court within 1 month. This procedure is regulated by Art. 392 of the Labor Code of the Russian Federation, it also applies to other disputes about illegal dismissal.

Any decision by the employer to terminate labor relations with a citizen must have a properly formalized basis. If we are talking about a violation of discipline, relevant acts, protocols and other supporting documents must be drawn up.

The procedure for dismissal on the fact of violation of labor duties or discipline

The presence of a minor child does not affect the procedure for terminating an employment contract due to a violation.

This happens in the following order:

issuance of an order to impose a penalty;
familiarization under the signature of the employee;
issuance of an order to terminate employment (dismissal);
familiarization of the dismissed person with the order;
implementation due payments and handover to the employee of his documents.

When issuing an order to impose a penalty, the head attaches to it the documents that are the basis for such a decision.

Can an employee with a minor child be laid off?

In practice, the question often arises as to whether it is possible to dismiss the mother of a minor child with a decrease in the number of employees (downsizing) of the enterprise.

This ground for termination employment contract with this preferential category of citizens is not provided. Art. 261 of the Labor Code of the Russian Federation clearly indicates only the complete liquidation of the company as a reason.

Therefore, even in cases of downsizing, the employee is offered another possible position that is comparable to his level of qualification and earnings.

If such options are not possible, the administration of the enterprise can offer another vacancy, even if with a lower salary and a lower rank.

When an enterprise is in financial difficulty, the introduction of part-time work is sometimes used to save jobs. The law limits the period of such changes to 6 months.

Watch the video. The State Duma banned the dismissal of fathers of many children:

Order of reduction

In the event of complete liquidation legal entity or termination by the entrepreneur of the activities of employees with children are dismissed in the following order:

employees are notified of the upcoming termination of the employment contract 2 months in advance;
a dismissal order is issued with an indication of the reason;
documents are issued to citizens and payments are made.

Important! An employee's refusal to sign a prior notice or order will not cancel the termination of the contract. The papers will be sent by mail to the address of the citizen, and the employer will draw up an act of refusal to sign.

Note to pregnant women

The law protects pregnant women in a special way, allowing them to be fired only when the organization is being liquidated, prohibiting this from being made redundant (Part 1, Article 261 of the Labor Code of the Russian Federation).

Referring to pregnancy, a woman is obliged to confirm her condition with the appropriate medical document. Order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012 indicates that in the early stages of pregnancy such a document is a certificate from medical institution who registered the woman.

Help does not have unified form, is generated arbitrarily.

Important details:

Name of the organization;
data women;
Full name of the doctor and his position;
seal and stamp.

If the gestation period is more than 30 weeks (for multiples - 28 weeks), the woman receives a certificate of incapacity for work, which is a document confirming her condition. The rules for its registration are established by clause 46 of the Procedure for issuing sick leave certificates, approved. by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624 n.

The document is issued by an obstetrician-gynecologist, and if such a specialist is not available, by a general practitioner, in extreme cases, by a paramedic. Usually women in the state of pregnancy are registered by antenatal clinics, but other medical institutions can also act in this capacity.

The employer is not always aware of the special condition of individual employees. The law does not oblige a woman to notify the administration of an enterprise that she has become pregnant. And yet, the termination of the employment contract will be declared illegal if it turns out that by the time the order was issued, the woman was pregnant (documentary evidence is required).

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

single father

A single father who raises a child on his own also enjoys additional benefits. At the same time, it does not matter at all as a result of what reasons the child was left without mother's care. The situation is discussed in more detail in the Review of Legislation and judicial practice of the Supreme Court of the Russian Federation for the 1st quarter of 2010 (approved by the decision of the Presidium of the Supreme Court of the Russian Federation of 16.06.2010).

The father is considered to be raising the child on his own in the following cases:

the mother of the child is no longer alive;
mother is deprived in due course parental rights;
the rights of the mother are temporarily limited (the preferential status of the father is also temporary);
a woman is deprived of legal capacity or limited in it;
the mother of the child is deprived of liberty, is in custody or is suspected of a crime;
a woman does not want to raise children or protect their interests;
the mother refuses to pick up the child from a medical or educational institution;
a woman cannot personally support children due to her state of health.

Guarantees related to the restriction of the right to dismissal apply to employees with children under 14 years of age. If we are talking about raising a disabled child without a mother, this age rises to 18 years.

What are the benefits for employees with children?

Upon termination of the employment contract, employees with children receive the same compensation as everyone else.

Full payout list:

wages based on the last working days (or month);
the amount of the severance pay;
compensation for the remaining days of vacation.

In addition to these amounts, in the event of liquidation of an organization or downsizing, an employee is entitled to compensation for no more than 2 months from the date of dismissal during the period of employment.

For reference! If a citizen stopped working before the expiration of two months from the date of the warning, then he is entitled to a payment in the amount of the average monthly salary.

If the reason for the dismissal was violations on the part of the employee, all the due amounts are still issued in full.

The nuances of dismissal of women

The law identifies categories of workers depending on the social status and age of the child. Benefits vary accordingly. Guarantees refer to working conditions and termination of employment.

Children under 3 years old

Children under the age of three need special care and attention, so their mothers enjoy additional measures to protect the state.

The law prohibits in such cases dismissal due to staff cuts.

It also provides for the right of a woman during parental leave to start work under conditions part-time or work at home, while maintaining the right to benefits (Article 256 of the Labor Code of the Russian Federation).

Remember! Labor legislation allows the dismissal of the mother of a small child only in exceptional cases - the liquidation of the company or gross violations of discipline.

Children under 14

If the child is under 14 years old, the employee has the right to work in a part-time shift (part-time). This guarantee is specified in Art. 93 of the Labor Code of the Russian Federation.

This approach of the legislator is aimed at ensuring the possibility of a full-fledged upbringing of children.

The mother of a child under the age of 14 is also dismissed only in exceptional cases.

Mother of a disabled child

If a child is recognized as disabled, this has legal consequences for the employee in the form of the following benefits:

in addition to the usual 4 paid days off per month (Article 262 of the Labor Code of the Russian Federation);
getting a vacation at the desired time (Article 262.1 of the Labor Code of the Russian Federation);
protection against dismissal - the contract is terminated only upon liquidation of the company and commission gross violation(Article 81 of the Labor Code of the Russian Federation).

Two or more children

The law provides for separate guarantees for mothers with many children.

Article 179 of the Labor Code of the Russian Federation gives them an advantage in the reduction of their position as having two or more dependents.

Important! Article 261 of the Labor Code of the Russian Federation also includes mothers of large families in the list of categories protected from dismissal. Necessary condition is the presence of three young children and the lack of employment of the father of the family.

single mothers

Employees raising a child alone are also included in a special category of employees under article 261 of the Labor Code of the Russian Federation. All benefits are listed above. Only exceptional reasons are possible for dismissal. Restriction - the age of the child is not more than 14 years.

Since this group of mothers needs special support from the state, they are entitled to an additional allowance for the maintenance of their children.

divorced women

The fact of being in a registered marriage does not in any way affect the guarantees of women upon dismissal. The only criterion that matters is the age of the child. All available benefits have been listed above. The presence of payments in the form of alimony is also insignificant.

So, a woman with a child under the age of 14 is dismissed by the employer only in special cases (Article 261 of the Labor Code of the Russian Federation).

Or they reduce production rates for the successful combination of work and caring for the baby, and wage made at the average rate of the former position. And according to Article 258 of the Labor Code, such employees should be given a paid break for breastfeeding for half an hour with the possibility of transferring it to the end of the working day.

Company closure. The termination of the company's activities entails the termination of employment contracts with all employees without exception - clause 1, part 1, art. 81 of the Labor Code of the Russian Federation.
Permanent violations of discipline, failure to fulfill duties by an employee - clause 5, part 1, article 81 of the Labor Code of the Russian Federation. Frequent delays to the service are expected, or failure to follow the instructions of the management, subject to the presence of previously imposed reprimands or comments.

Is it possible to fire a widow with a child of 4 years on reduction.

Attention

Personnel officer. Labor law for a personnel officer”, 2008, N 3 Question: Can an employee be fired if she is a widow with two minor children? Can her position be made redundant? Answer: Such an employee has only one advantage in cases where the employer is the initiator of the termination of the employment contract. In accordance with Art. 179 of the Labor Code of the Russian Federation, the presence of two or more dependents (disabled family members who are fully supported by the employee); the absence in the family of other employees with independent earnings is a preferential right to stay at work in case of a reduction in the number or staff of the organization's employees.

This pre-emptive right can only be exercised if several employees have the same labor productivity and equal qualifications.

Is a widow with children under 14 subject to reduction

Guarantees for working women with young children Legislation supports motherhood. Young mothers have benefits prescribed in the Labor Law.

In particular, they are entitled to:

breaks for feeding the child during the working day,
the right to a shorter working day or a part-time week,
a ban on work in hazardous conditions,
ban on business trips, work at night and overtime.

Upon dismissal, it is necessary to warn the employer in a timely manner about leaving. However, the question often arises among employees: is it possible to quit without working for two weeks? A working woman with a child under 3 years old is in a particularly vulnerable position relative to the employer.
Therefore, there are a number of guarantees under which it is prohibited to arbitrarily dismiss a woman with a child under 3 years old, this is expressly stated in Art. 261 of the Labor Code of the Russian Federation.

Can a widow with two children be made redundant?

Violations must be properly documented.

Significant violation of internal regulations or official duties- paragraph 6 of part 1 of Art. 81 of the Labor Code of the Russian Federation. Paragraph 6 includes 5 subparagraphs:

Diploma and term papers, master's theses in law on order

The fact of violation must be confirmed by a court decision or a resolution on an administrative offense.

Failure to comply with safety regulations, if this violation created a threat of an accident, or directly the accident itself. Violation must be established by authorized officials commission organizations.

Loss of the employer's confidence due to actions with entrusted funds - cl.
7 art. 81 of the Labor Code of the Russian Federation. Applies to female workers directly serving cash or other values of the organization.
Immoral behavior incompatible with the position held, or the use of violence against pupils by certain categories of employees performing educational functions.

Rules for the dismissal of a woman with a child under 3 years old and up to 14 years old according to the labor code

Guarantees for working women with small children
Cases in which the dismissal of women with children is legal
Grounds on which a woman with a child cannot be fired
Protection of rights in case of illegal dismissal

Paid parental leave is granted to women until the child is one and a half years old. Therefore, many mothers go to work immediately after the end of the vacation, and sometimes even earlier.

Important

Employers of women with family obligations try not to hire women. Persons with disabilities receive certain benefits upon dismissal.

About how to competently arrange the dismissal of a disabled person of group 1. An employee who left early maternity leave, also not a particularly desirable worker.
It is believed that mothers with small children often take time off from work, take sick leave, have a number of benefits and do not perform job duties as effectively.

Is it possible to fire a widow with a child

Available at our disposal, both conventional and extensive e-library, allows us to use both the classic works of domestic and foreign legal scholars, and scientific work, textbooks, commentaries, monographs and articles published in the most recent times. Usually, mandatory requirement for our master's theses, theses and term papers, by right, is the presence in them of the used sources released in the current year.

Absolutely all work is guaranteed. We promptly process the order and try to write the paper as soon as possible, for example term papers are prepared within 7 to 14 days, and theses in jurisprudence - from two to four weeks. We make to order: Diploma and term papers, as well as master's theses and science articles rightly require a lot of time and effort.

of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), the courts should proceed from the fact that, within the meaning of this norm, a single mother can be classified as a woman who is the only person actually exercising parental responsibilities for the upbringing and development of her children (relative or adopted) in accordance with with family and other legislation, that is, raising them without a father, in particular, in cases where the child’s father has died, deprived of parental rights, restricted in parental rights, recognized as missing, incapacitated (limitedly capable), for health reasons cannot personally educate and support a child, is serving a sentence in institutions executing a sentence of deprivation of liberty, evades the upbringing of children or the protection of their rights and interests, in other situations. Thus, according to the Supreme Court of the Russian Federation, to dismiss a widow with children under the age of 14, according to paragraph

Is it possible to fire a widow with a child under 14 years old

Labor Code of the Russian Federation) Thus, you cannot be made redundant. If this happens, contact the court within a month. Pay for the answer Continue dialogue
practice zakonnost.su Lawyers of the site are not the first to call you! Do you have an answer to this question? You can leave it by clicking on the button Reply The wife does not work because she takes care of a disabled child at home Do they have the right to stop paying child benefits before three years when receiving a regional allowance for a certificate.
Do they have the right to cut me off from work if I have already been laid off and was laid off.
However, an analysis of certain regulatory legal acts, including the Family Code of the Russian Federation, allows us to say that a single mother is: way (voluntarily or judicially); - a woman who gave birth to a child not in marriage, but married, if at the same time the child was not adopted (adopted) by her spouse; - a woman who gave birth to a child in marriage or within 300 days after the dissolution of the marriage, if the father is recorded as a spouse (former spouse), but paternity is disputed and there is a court decision that has entered into force that the spouse (former spouse) is not the father of the child ; - a woman who, not being married, adopted (adopted) a child.

Is it possible to fire a widow with a child under 14

We do not take on any orders, but work exclusively on legal disciplines. Each order is transferred to a specialist who performs work on the relevant (civil law, administrative law, constitutional law, etc.) branch of law or subject. You get an author's work, checked for originality by the Antiplagiat.ru system. Upon receipt, you can also check your work there by uploading the file to the system in order to make sure that it is original. When ordering a work, please indicate the required percentage of the original text in the Antiplagiat.ru system, as well as the verification method.

Is it possible to reduce a widow with a child under 14 years old

Refusal to further advance the established sample is a medical certificate. As a result of which, in accordance with Art. 179 of the Labor Code of the Russian Federation, it is established that when assigning a pension, it must be indicated in a state of pregnancy or the employee is not subject to dismissal with military service(services), and in case of employment, do not go to work part-time, and also, if necessary, when applying for a job by mail on the basis of receiving a work book, in a department of the university and in relation to each employee, and write a statement refusing to receive leave or working hours (part 3 of article 53 of the Labor Code). Thus, if you are entitled to a vacation in full, then you can contact the Federal Migration Service due to missing this period within 30 days from the date of filing a request for leave from subsequent dismissal(except in cases of dismissal for guilty actions).

The right protection of women who combine motherhood with work is a priority issue in the Russian Federation. Thanks to social protection female workers not only increases the number of skilled workers in the country, but also improves the demographic situation.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

It's fast and IS FREE!

That is why in labor legislation and other regulations There are a number of guarantees. They are aimed not only at improving working conditions, but also at protecting workers both when they are hired and when they are fired.

What does the law say?

The legal regulation of the labor of women with family obligations is regulated by Chapter 41 of the Labor Code of the Russian Federation. Workers are provided not only with some benefits that allow them to combine motherhood with successful work. They also set a number of guarantees both when applying for a job and when terminating cooperation, especially if a woman has children under 18 years old.

Normative base

A woman is not just a worker, but also a future mother or nurse of a small child, and subsequently, a guarantor of the future of children until they come of age. For each category of workers, certain guarantees and benefits are established.

On the basis of Article 254 of the Labor Code of the Russian Federation, employees with children under one and a half years old are transferred to another position. Or they have reduced production rates for the optimal combination of work and caring for a small child, while maintaining payment at the average rate for their previous position. And in accordance with Article 258 of the Labor Code of the Russian Federation, women are also given a break for breastfeeding for half an hour, also paid, with the possibility of transferring it to the end of the working day.

According to the norms given in Article 93 of the Labor Code of the Russian Federation, for workers with children or a child under 14 years of age, or a disabled child, at their request, an incomplete day or week shift can be established, again in order to harmoniously combine family responsibilities and work activities.

Also, for mothers of disabled children, additional and paid days off are provided (Article 263 of the Labor Code of the Russian Federation).

It should be noted that the above benefits also apply to those women who have adopted babies in accordance with Article 257 of the Labor Code of the Russian Federation or are the legal representatives of minors.

Restrictions

Also, as additional benefits for workers with children, some restrictions have been established in order to rational use their work combined with family responsibilities.

On the basis of Article 253 of the Labor Code of the Russian Federation, the involvement of women in work with especially dangerous or harmful factors at the place of employment, as well as when lifting weights, is limited in accordance with Decree of the Government of the Russian Federation No. 105.

And according to Article 259 of the Labor Code of the Russian Federation, sending women on business trips, especially for a long time and over long distances, without their permission is prohibited.

Their written consent is also required to be involved in work in excess of the norm either at night or on weekends.

And depending on the industry and the position held, for some categories of workers, work week which should not exceed 36 hours.

In particular, women living in countryside, teachers, as well as a number of other professions, again with the aim of creating an optimal combination of both workload and the upbringing of children.

Permissible grounds

In addition to the above benefits for working women who are mothers of children under 14 years of age or disabled or mothers of many children and single mothers, a special procedure has been established both when registering cooperation and when it is terminated.

When hiring employees who are raising one and a half year old children, it is forbidden to establish probation(Article 71 of the Labor Code of the Russian Federation). For other categories of workers, there is no ban on establishing a test. But a woman and a mother is almost impossible, with some exceptions.

In particular, Article 261 of the Labor Code of the Russian Federation states that a worker can be fired only in the following cases:

at and subsequent;
in the presence of several reprimands, for numerous;
for walking;
for the appearance on the territory of the institution in a state;
for disclosure of commercial or state secrets;
for theft or embezzlement of company property;
for violation of safety regulations, which led to significant damage or endangered the life of the company's employees;
for providing false documents or false data;
for committing an immoral act.

That is, a woman has the right to be fired only for committing a misdemeanor, which is rare for mothers, but many do not know whether they can be fired in other cases.

single mothers

For employees who raise children themselves, the benefits are also provided, which are described above. Based on Article 261 of the Labor Code of the Russian Federation, they are not allowed until the child is 14 years old.

But since single mothers are less protected than other categories of working women, they are paid an additional allowance for the maintenance of children in accordance with the legislation of the Russian Federation.

divorced women

There are features of dismissal and divorced women.

The fact is that the norms of Article 261 of the Labor Code of the Russian Federation apply to them in full, because guarantees for them are established in direct proportion to the age of their children. Therefore, it does not matter whether the woman is married or whether the father of the children is employed or not. It also doesn't matter if the woman receives child support. This fact still has no effect on her rights and guarantees.

That is, even with one minor child who has not reached the age of 14, it will be impossible to terminate the employment relationship with the mother.

How to apply?

The dismissal of an employee with a child or several children is not much different from the procedure for dismissing any employee in general, except for dismissal to care for a child under 14 years old.

Step-by-step instruction

If a woman quits own will, then an application is submitted within the time limits established by Article 81 of the Labor Code of the Russian Federation. Based on it, it is already being published.

If the reason for dismissal is childcare, then this is indicated in the application. After that, an order is already issued, again with the wording to dismiss in connection with caring for a child under 14 years old.

By the way, in work book the same entry is made, since a similar basis is provided for in the Instructions for maintaining work books.

If the initiator of the dismissal is the head of the enterprise, then, depending on the grounds for dismissal, full package documents confirming the validity of the termination of cooperation.

Suppose, in the case of dismissal due to several reprimands, the dismissal order is issued already as a result of the third misconduct. All documents that record absenteeism or violation of the reporting deadlines are attached to it.

The documents

In accordance with the norms of Article 65 of the Labor Code of the Russian Federation, each worker, when applying for a job, must provide only the established list of documents. It does not include documents on some benefits. But in order for a woman to be able to count on the protection of her maternal rights, she herself is obliged to inform the enterprise about the presence of minor children.

In particular, for confirmation, the company must provide the following copies of documents:

birth certificate of children, even if some of them are over 14 years old, because a woman with many children is considered until the eldest child is 18 years old;

certificate of status of a large family, if any;

disability certificate for a child, but only up to 18 years;

information about the composition of the family.

Payments and compensation

Upon dismissal, a woman with a child is entitled to the same payments as other employees in a similar situation:

salary for the last days of work;

compensation for all days of unused rest, as well as time off, which, by the way, must be compensated upon dismissal in the same way as the rest of the days.

If there are unpaid days off, a woman, at her request, is given a short vacation without pay before dismissal. If they are payable, then, accordingly, paid and short leave is provided.

Timing

The dismissal of a woman is not a complicated procedure, and the deadlines for dismissal established by the rules labor law, apply to the worker in full.

An application for dismissal at will is submitted two weeks in advance. If the employer is the initiator of the termination of cooperation, then they can be fired no later than a month from the moment the misconduct was committed.

How to protect your rights?

Taking into account the benefits and guarantees established at the legislative level for women who combine maternal responsibilities with work, the dismissal of a worker with violations can only be settled in court.

The fact is that only on the basis of a court decision is it possible not only to be reinstated in the previous position, but also to punish the management of the enterprise with penalties for violating the rights granted to the woman by the state. A copy of the dismissal order, as well as documents confirming the age of the children, will need to be attached to the lawsuit.

But the court can be considered as a last resort, after the dismissal.

If the woman has not yet been fired, but the authorities inform her of the termination of cooperation, even knowing about her rights, first you need to write a complaint to the Labor Inspectorate. Only through a complaint can you be reminded of your rights and avoid.

The dismissal of an employee with a child under the age of majority is fraught with consequences in many cases. That is why employers, even in the process of labor relations, should be more attentive to their colleagues. Benefits are provided to them not just like that, but so that they can harmoniously combine and labor activity and raising children.

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.